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HomeMy WebLinkAbout14-Meadows Minor Subdivision Improvements Agreement Send Original to: City of Bozeman Clerk _ 2482952 P_O.Box 1231) � �� ��, ' page: 1 of 12 061 1012014 08.10.15 AM Fee $84.00 e Mills - G;allatin county MT IMP 121 North Rouse Avenue Bozeman,NIT 59771 I I�1Il11lot t lll11l�E IMPROVEMENTS AGREEMENT FOR THE MEADOWS MINOR SUBDIVISION This AGREEMENT is made and entered into this C l� day of c, v , 2014, by and between The John and Laree Tribitt Living Trust 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 the conditions of preliminary plat approval, Planning Application No. P-14009, for the Final Plat application of The Meadows Minor Subdivision (#P-14012), to subdivide 16,770 square feet together and create five (5) single-household residential lots; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for The Meadows Minor Subdivision; and WHEREAS, the Final Plat for The Meadows Minor Subdivision, was filed prior to the installation of all required subdivision improvements and an improvements agreement with financial security was provided; and The Meadow Minor Subdivision—Improvements Agreement 1 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 Final Plat approval of The Meadows Minor Subdivision. 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: LEGAL DESCRIPTION — THE MEADOWS SIDEWALK, SEWER AND WATER HOOKUP,AND LANDSCAPE AND IRRIGATION IMPROVEMENTS A tract of land being Lot 146 of Valley West Subdivision Phase 31) on record with the Gallatin County Clerk and Recorder Located in the Northwest One-Quarter(NW '/)of Section 10, Township Two South(T2S), Range Five East(RUE), PMM, City of Bozeman, Gallatin County, Montana, and said parcel being more particularly described as follows: Beginning at an Alpine aluminum cap at the northwest corner of said Lot 146, from which an M & M red plastic cap bears North 00' 28' 03"E a distance of 118.00 feet; thence South 89' 59' 25" East a distance of 137.20 feet to an Alpine aluminum cap; thence South 00' 28' 03" West a distance of 122.31 feet to an M&M red plastic cap; thence North 89' 56'28" West a distance of 137.19 feet to an M& M red plastic cap; thence North 00'28'03" East a distance of 122.19 feet to the Point of Beginning containing 0.385 acres or 16,770 square feet more or less. SUBJECT to all easements of record or apparent from a visual inspection of the property. The Meadow Minor Subdivision—Improvements Agreement 2 2. Improvements This Agreement specifically includes the following improvements for The Meadows Minor Subdivision for sidewalks, water and sewer hookups, and Public Boulevard landscaping and irrigation. The Estimated Cost of said improvements for sidewalks was generated by Madison Engineering, LLC, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718, at Three Thousand Eight Hundred Twenty Five and No Cents ($3,825). The Estimated Cost of said improvements for water and sewer hook ups were generated by Madison Engineering, LLC, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718, at Fifteen Thousand Six Hundred and No Cents ($15,600.00). The Estimated Cost of said improvements for Public Boulevard landscaping and irrigation were generated by Madison Engineering, LLC, 895 Technology Boulevard, Suite 203, Bozeman, MT 59718, at Two Thousand Seven Hundred Seventy Nine and No Cents ($2,729.00). The estimated total improvements for all improvements are Twenty Two Thousand One Hundred Fifty Four and No Cents ($22,154.00). The estimates are 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 Final Plat prior to completion of all required subdivision improvements. Therefore, this Agreement shall be secured by Irrevocable Letter of Credit issued by Manhattan Bank, Bozeman Branch, 2610 West Main, Bozeman, MT 59718 (No. 2014-03) for Thirty Three Thousand Two Hundred Thirty One and No Cents ($33,231.00) acceptable to the City of Bozeman, which is one hundred and fifty (150) percent of the Estimated Cost of said improvements. The Meadow Minor Subdivision—Improvements Agreement 3 The Subdivider hereby agrees that the following subdivision related improvements shall be installed and completed prior to issuance of any Certificate of Occupancy for any dwellings within The Meadows subdivision: water and sewer hook ups requirements in order to avoid default on the method of security. The Subdivider hereby agrees that the following subdivision related improvements shall be installed and completed within one(1)year of the filing of the final subdivision plat for The Meadows Minor Subdivision: public boulevard landscaping and irrigation requirements in order to avoid default on the method of security. The Subdivider hereby agrees that the following subdivision related improvements shall be installed and completed not later than three (3) years of the filing of the final subdivision plat for The Meadows Minor Subdivision: lot sidewalk improvements in order to avoid default on the method of security. 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 The Meadows Minor Subdivision. Upon submission of fully documented invoices for the work performed, said work to be inspected and certified for payment by Subdivider's professional engineers and the City of Bozeman and or its agents as necessary, the City of Bozeman may release a portion of the cash for the work completed by the referenced invoices. 4. Inspection 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 The Meadow Minor Subdivision—Improvements Agreement 4 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 ten (10) days after written notice specifying the default is deposited in the United States mail addressed to the Subdivider at John and Laree Tribitt Living Trust, P.O. Box 1818, Pinedale, WY, 82941, 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 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 Developer 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. Indemnfycation 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 The Meadow Minor Subdivision—Improvements Agreement 5 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 In the event it becomes necessary for either parry 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. Warranty The Subdivider shall warrant that these improvements are made in a good and workman- like manner and against defects of all improvements 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 either the Subdivider, or The Meadows Minor Subdivision Home Owners Association if, and only if, 60 percent of the lots in The Meadows Subdivision have been sold or ten (10) years have passed since the recording of these Covenants, whichever is longer. 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 Meadow Minor Subdivision—Improvements Agreement 6 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 Assipnment 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. 14. Filiniz The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the within 10 business days of the signature of the Community Development Director. The Meadow Minor Subdivision—Improvements Agreement 7 SUBDIVIDER B JOHN TRIBBIT, RUSTEE, JOHN AND LAREE LIVING TRUST W yorvu�j STATE OF MONTANA ) :ss County of•ttrrr ) W yc)rh,>n S On this 2-'�3 day of AN , 2014, before me a Notary Public of the State of Mo�ana, personally appeared John Tribbit, known to me to be the person that executed the foregoing Improvements Agreement, and acknowledged to me that they executed the same for and,eft bthalf pf said Subdivider. .tN WITH'WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day T C.� f t d yj* st ab ta•written.c : �? , : :. _ T ruSTee, Sat^n a-d I_oree Liviel _Irust BEVERLEE J.WRIGHT (Printed Name Here) Nota Public State of Wyoming Notary Public for the State of-Mout=a W4Dy"''� County of Sublelte My Commission Expires Residing at October 1 1, 2014 My Commission Expires: t o--t t—2JOH (Use 4 digits for expiration year) The Meadow Minor Subdivision—Improvements Agreement 8 THE CITY OF BOZEMAN I BY: WENDY THOMAS, COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA } :ss County of Gallatin ) On the .!�Y day of \1�'( Z , 2014, before me, a Notary Public for the State of Montana, personally appeared Wendy Thomas, 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. �o' � \) (SEAL) TARA L HASTIE Not,"v Public (Printed Name Here) �'^R/41 for the State of A,lontana Residing at Notary Pub.w for the State of Montana �') �i Bozeman, Montana Residing at 1 �'i P�noxn E� . My Comm ssion Expires: M CUI11r1711 Ex pires: X Tres: 1/� April 04,2017 }' p / (Use 4 digits for expiration ear) The Meadow Minor Subdivision—Improvements Agreement 9 EXHIBIT"A" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------------------------------------- Date: Project: The Meadows Minor Subdivision Developer: John Tribbit John and Laree Living Trust ------------------------------------------------------------------------------------------------------------------------------- Improvement Sq.Ft./Ln. Ft Estimated Cost Landscape/Irrigation Kimball Boulevard Length 74 linear feet $ 2,729.00 Sidewalks Kimball Avenue(4"thick x 5' wide) 625 linear feet $ 1,875.00 North Side (4"thick x 5' wide) 650 linear feet $ 1,950.00 Sewer&Water Hook Ups $15,600.00 Unit Costs Concrete $ 3.00 square foot $22,154.00 150% $11 -_77.0 Financial Guarantee $33,231.00 Approved by City Engineer's Office Date The Meadow Minor Subdivision—Improvements Agreement 10 ( Certification of Trust for the John and LaRee Tribitt Living Trust dated June 18, 2012 This Certification of Trust is signed by all the currently acting Trustees of the John and LaRee Tribitt Living Trust dated June 18, 2012, who declare: 1. The Grantors are John H. Tribitt and LaRee R. Tribitt. The trust is revocable by the Grantors, acting jointly and not separately. 2. The Trustees of the trust are John H. Tribitt and LaRee R. Tribitt. The signature of one Trustee is sufficient to exercise the powers of the Trustee. 3. The tax identification number of the trust is the Social Security number of John H. Tribitt, 4. Title to assets held in the trust will be titled as: John H. Tribitt and LaRee R. Tribitt, Trustees of the John and LaRee Tribitt Living Trust dated June 18, 2012, and any amendments. 5. An alternative description will be effective to title assets in the name of the trust or to designate the trust as a beneficiary if the description includes the name of at least one initial or successor Trustee, any reference indicating that property is being held in a fiduciary capacity, and the date of the trust. 6. Excerpts from the trust document that establish the trust, designate the Trustee, and set forth the powers of the Trustee will be provided upon request. The powers of the Trustees include the power to acquire, sell, assign, convey, pledge, encumber, lease, borrow, manage, and deal with real and personal property interests. 7. The terms of the trust provide that a third party may rely upon this Certification of Trust as evidence of the existence of the trust and is specifically relieved of any obligation to inquire into the terms of this trust or the authority of my Trustee, or to see to the application that my Trustee makes of funds or other property received by my Trustee. 8. The trust has not been revoked, modified, or amended in any way that would cause the representations in this Certification of Trust to be incorrect. Certification of Trust for the John and LaRee Tribitt Living Trust Page 1 MARK A.BRYAN,P.C.,11 E.MAIN STREET,SUITED,P.O.BOX 1371,BOZEMAN,MONTANA 59771 1 (406)586-8565 June 18, 2012 John H. Tribitt, Trustee aRee R. ribitt, Trustee STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) This instrument was acknowledged before me on June 18, 2012, by John H. Tribitt and LaRee R. Tribitt, as Trustees. [Seal] ;,PQKAB�yA, 'dark A. Bryan .Notary Public State of Montana * ?sicajng at: 1414 (Ole -a L .F. �JOZernan, Montana Mark A. Bryan, Notary Public .,F;;F„�a •. My Commission Expires: January 28,2015 11 E. Main Street, Suite D Bozeman, Montana 59771 My commission expires: 28 Jan 2015 Certification of Trust for the John and LaRee Tribitt Living Trust Page 2 MARK A.BRYAN,P.C.,11 E.MAIN STREET,SUITE D,P.O.Box 1371,BOZEMAN,MONTANA 59771 1 (406)586-8565 6/9/2014 Print Preview Date: Mon, 09 Jun 2014 04:56:02 PM MDT From: Bev Wright <bevwright@rockymountainbank.com> To: "robclark@mad-eng.com" <robclark@mad-eng.com> Subject: RE: Revisions Hi Robert, I authorize the corrections from Montana to Wyoming and adding the asterisk afterJohn Tribitt's name to denote 'Trustee,John and Laree Living Trust"in the paragraph that begins "On this 29 day of May, 2014". Thank you and please let me know if you need further assistance. Have a nice evening, ,Bev Wright VP Market Manager Rocky Mountain Bank-Pinedale ' l !-f�— Office: 307-367-7614 Fax:307-367-7601 bevwriahtprockymountainbank.cam NOTICE: All incoming and outgoing e-mail may be monitored for quality assurance and security purposes. This e-mail may contain confidential and/or privileged information. If you are not the intended recipient (or have received this e-mail in error) please notify the sender immediately and destroy and delete all copies of this e-mail and any attachments. Any unauthorized copying, disclosure or distribution of the material in this e-mail is strictly forbidden.