HomeMy WebLinkAbout14-Lot 6 Bozeman Gateway Subdivision PUD, Phase 1 Improvements Agreement J-447-A
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City of Bozeman
Department of Community ------------.--
Development
P.O.Box 1230
Bozeman,N1T 59771 2480811
Page: 1 of 10 05/13/2014 02:22:20 PM Fee: $10.00
Charlotte Mills - Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
BOZEMAN GATEWAY SUBDIVISION PUD,PHASE 1,AMENDED PLAT
This AGREEMENT is made and entered into this J; �ay of , 2014,
by and between MITCHELL DEVELOPMENT GROUP, LLC, hereinafter called the "Subdivider", and
the CITY OF BOZEMAN,a municipal corporation and political subdivision of the State of Montana,with
offices at City Hall, 121 North Rouse Avenue, P.O. Box 1230,Bozeman, MT 59771-1230,hereinafter
called the"City".
WHEREAS, it is the intent and purpose of the Subdivider to meet City code requirements, for the
filing of the Phase 1 Amended Plat for Bozeman Gateway Subdivision,PUD.
WHEREAS, it is the intent and purpose of the Subdivider to obtain Amended Plat approval for
Bozeman Gateway Subdivision,PUD,Phase 1 and
WHEREAS,it is the intent of the Subdivider to file the Amended Plat for the Bozeman Gateway
Subdivision,PUD,Phase 1 prior to the installation of all required subdivision improvements; and
WHEREAS, it is the intent and purpose of both the Subdivider and the City to hereby enter into an
Agreement which will guarantee the full and satisfactory completion of the required improvements related
with the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto,to
satisfy the improvements guarantee requirements for the Amended Plat approval of Bozeman Gateway
Subdivision,PUD,Phase 1.
Bozeman Gateway Subdivision,PUD,Phase 1 -Improvements Agreement 1
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,
it is hereby agreed as follows:
1. Property Description
This Agreement pertains to, and includes, those properties which are designated and identified as
being:
Lot 6 of the Amended Plat of The Bozeman Gateway Subdivision P.U.D.Phase 1 Plat X
447. The rearrangement of Lot 1, Lot 2 & Lot 3 of Block 2,and Lot 1,Lot 2, Lot 3, Lot 4,
Common Area 1 & Common Area 2 of Block 5 of the Bozeman Gateway Subdivision
P.U.D. Phase 1,Plat J447,situated in the NW1/4 of Section 14,Township 2 South,Range 5
East, Principal Meridian, City of Bozeman, Gallatin County,Montana.
Said tract contains 0.25 acres, more or less.
2. Improvements
This Agreement specifically includes the following improvements for Bozeman Gateway Subdivision,
PUD,Phase 1 a) sewer,and water services for Lot 6, see attached Bozeman Gateway Lot 6&7
Bozeman Gateway Subdivision,PUD,Phase l —Improvements Agreement 2
Water& Sewer Services plan. The Estimated Cost of said improvements has been estimated by
Morrison-Maierle, Inc. 2880 Technology Blvd.West, Bozeman, NIT 59718, at Ten Thousand Three
Hundred Eight Dollars ($10,308.00) and is attached and made a part of this Agreement, as Exhibit"A".
3. Financial Guarantee,Time for Completion of Improvements,Additional restrictions
It is the Subdivider's intent with this Agreement to file the Amended Plat prior to completion of
the required service improvements. Therefore, this Agreement shall be secured by a financial guarantee in
the form of a cash deposit with the City of Bozeman in the amount of one hundred and fifty (150)percent
of the Estimated Cost of said improvements. The cash deposit shall be provided to the City via Subdivider's
company check.No interest shall accrue to the Subdivider on the cash deposit.
Except as provided in this section regarding release of a portion of the financial guarantee, the
financial guarantee shall be in full force and effective until all the work required by this Agreement is
completed by the Subdivider and accepted by the City of Bozeman.
The Subdivider hereby agrees that the following subdivision related improvements shall be
installed and completed within one(1)year of the filing of the Amended subdivision plat for Bozeman
Gateway Subdivision,PUD,Phase I,whether such work is to be accomplished by Subdivider or delegated
to a third party: a) sewer, and water services for Lots 6 and 7; as shown on the attached plan. The
Subdivider agrees that no delegation of performance required by this agreement shall relieve the Subdivider
of any duty to perform or any liability for the breach of that duty to complete said subdivision improvements
required for Bozeman Gateway Subdivision, PUD,Phase 1.
Upon submission of fully documented invoices for the work performed, said work to be inspected,
accepted, and certified for payment by Subdivider's professional engineers and the City of Bozeman and
or its agents as necessary, the City of Bozeman shall release that portion of the cash deposit for the work
completed by the referenced invoices, equal to 150%of the original estimated cost for such work.
4. Inspection
Bozeman Gateway Subdivision, PUD, Phase 1 —Improvements Agreement 3
Representatives of the City shall have the right to enter upon the property at any reasonable time in
order to inspect it and to determine if the Subdivider is in compliance with this Agreement, and the
Subdivider shall permit the City and its representatives to enter upon and inspect the property at any
reasonable time.
5. Default
Time is of the essence of this Agreement. If the Subdivider shall default in or fail to fully perform
any of its obligations in conformance with the time schedule under this Agreement, and such default or
failure shall continue for a period of thirty(30) days after written notice specifying the default is deposited
in the United States mail addressed to the Subdivider at Mitchell Development Group,LLC,P.O.Box 738,
Great Falls,MT 59403, or such other address as the Subdivider shall provide to the City from time to time,
without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the
following specified remedies:
A) The City may, at its option,declare the financial guarantee to be forfeited and,without the
consent of the Subdivider, secure the complete construction and inspection of the
improvements described herein. The City's representative,contractors,and engineers shall
have the right to enter upon the property and perform such work and inspection, and the
Subdivider shall permit and secure any additional permission required to enable them to
do so. In the event that any funds remain from the financial guarantee upon completion of
all improvements, such funds shall be promptly returned to the Subdivider.
B) The City may enforce any other remedy provided by law.
6. Indemnification
The Subdivider hereby expressly agrees to indemnify and hold the City harmless for and against
all claims, costs and liability of every kind and nature, for injury or damage received or sustained by any
person or entity in connection with, or on account of the performance of work at the development site and
elsewhere pursuant to this Agreement. Subdivider further agrees to aid and defend the City in the event
that it is named as a defendant in an action concerning the performance of work pursuant to this Agreement
except where such suit is brought by the Subdivider. The Subdivider is not an agent or employee of the
City.
7. Attorney Fees
Bozeman Gateway Subdivision, PUD, Phase I —Improvements Agreement 4
In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce
any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs of in-house counsel including City Attorney.
8. Warrantv
The Subdivider shall warrant against defects of all improvements and that these improvements are
made in a good and workman-like manner for a period of two (2) years from the date of their written
acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently
maintained by the Subdivider pursuant to section 38.26.100 of the Bozeman Zoning Code.
9. Governing Law
This Agreement shall be construed according to the laws of the State of Montana. In the event of
litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County,
State of Montana.
10. Modification or Alterations
No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing
signed by the parties hereto.
11. Invalid Provision
The invalidity or unenforceability of any provision of this Agreement shall not affect the other
provisions hereof,and this Agreement shall be construed in all respects as if such invalid or unenforceable
provision were omitted.
12. No Assignment
It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in part,
without prior written consent to City.
13. Successors
Except as provided in paragraph twelve (12), this Agreement shall be binding upon, ensure to the
benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns.
Bozeman Gateway Subdivision, PUD, Phase 1 —Improvements Agreement 5
14. Counterparts
To facilitate execution of this Agreement, the parties may execute and exchange counterparts of
signature pages by facsimile or via e-mail by .pdf (or similar format), and any such facsimile/e-mail
counterpart signatures are binding on the party providing same and may be combined to form one complete
document.
15. Filing
The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and
Recorder at the same time the Amended Subdivision Plat for the Bozeman Gateway Subdivision, PUD,
Phase 1 is filed.
[Execution pages follow]
Bozeman Gateway Subdivision, PUD, Phase 1 —Improvements Agreement 6
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date first set forth above.
SUBDIVIDER
MITCHELL DEVELOPMENT GROUP, LLC
By: its manager
By:
Na e:
Ti 177 G
STATE OFMOAI�F-A60 )
:ss
County of / )
On this /��day of &n,Li , 20�1�4, before me a Notary Public of the State of Montana,
personally appeared 7z'ff�' , known to me to be the person that
executed the foregoing Improvements Agreement, and acknowledged to me that they executed the same
for and on behalf of said Subdivider. .*M0 46- ; j-A l4evn ber o� M;ic k e(1 J(,e%,,e[alomevt j Gro:.y,I LLC
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year
first above written.
(SEAL)
(Printed Nam ere) /
Notary Public f r the Sta e of Montana
„Zp CATHY H.ZOLMAN Residing at /
�``� `'kj NOTARYPUBLICforthe M Commission Ex Tres: ✓r � ,/
j Sate of Montana y p �/7
SEAL Residing at Great Falls,Montana (Use 4 digits for expiration year)
My Commission Expires
OF November 5,2014
Bozeman Gateway Subdivision, PUD,Phase 1 —Improvements Agreement 7
THE CITY OF BOZEMAN
BY:
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On the day of ,2014, before me, a Notary Public for the State of
Montana, personally appeared , known to me to be the person
described in and who executed the foregoing instrument as Community Development Director of the
City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that
she executed the same for and on behalf of said City.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my seal on the day and year
first written above. \
(SEAL)
�t_F;q'• TARA L HASTIE (Printed Name Here)
=DPP Sri Notary Public Notary Public for the State of Montana
OOTA.ni.4<. _for the Strafe of Montana Residingat TC n `lam Ili
* * _ Residing at: �P—�
'SI':.k�•..�r, Bozeman, Montana My Commission Expires: C I17
t". aao. - Noy Comm,sston Expires: (Use 4 digits for expiration Y r)April 04, 2017
Bozeman Gateway Subdivision,PUD,Phase 1 —Improvements Agreement 8
EXHIBIT "A"
COST ESTIMATES FOR
Water/Sewer Services
Block 5 Lots 6 & 7
The Bozeman Gateway, PUD
SEWER
Trench length 165'
4"sewer pipe @ $1.15/LF
Lot 6 189.75
Lot 7 189.75 $379.50
Miscellaneous fitting $200.00
Bedding 20 c $11.25 $225.00
Labor 40 hr @ $1,000.00
$25.00/hr
Loader 29 hours $400.00
Excavator 63 hours $1,200.00
Roller 29 hours $400.00
Sub Total $3,804.00
Miscellaneous $400.00
Sewer Total $4,204.00
WATER 1 '/z"
Trench length 185'
1.5 copper pipe $6.24/LF
Lot 6 1,156.00
Lot 7 1,156.00 $2,312.00
Labor 40 hr @ $1,000.00
$25.00/hr
Bedding 26 cy P $11.25 $292.00
Loader 29 hours $400.00
Excavator 63 hours $1,200.00
Roller 29 hours 1400.00
Sub Total $5,604.00
Miscellaneous $500.00
Water Total $6,104.00
TOTAL COST FOR
WATER/SEWER $10,308.00
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