HomeMy WebLinkAbout13- Baxter Meadows Subdivision, Phase 3A Send Original to:
City of Bozeman
Planning Department
P.O.Box 1230
Bozeman,INIT 59771
2459594
1 PLATTED Page: 1 of 8 08/16/2013 09:17:31 AM Fee: $56 00
�—r Charlotte Mills - Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
BAXTER MEADOWS SUBDIVISION,PHASE 3A
This AGREEMENT is made and entered into this Li day of — , 2013,
by and between BMW, LLC, hereinafter called the "Landowner", 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 Landowner to meet the conditions of preliminary
plat approval, Planning Application No. P-05065, for the Final Plat application of Bailer Meadows
Subdivision, Phase 3 (#P-05065), which was initially approved to subdivide 83f acres together and
create 129 lots and the remaining area as public parklands, open spaces, public streets and
alleyways; and
WHEREAS, Phase 3A final platted a portion of the originally approved area to create 75 lots
remaining area as public parklands, open spaces,public streets and alleyways; and
WHEREAS,all required improvements except for sidewalks have been completed; and
WHEREAS, Section 38.39.030.B.2, BMC provides for sidewalks to be deferred and financially
guaranteed under certain defined circumstances;and
WHEREAS, a previous improvements agreement was in place for which the financial guarantee
is about to expire and there are still some lots which continue to meet the criteria for Section
38.39.030.B.2, BMC; and
WHEREAS, it is the intent and purpose of both the Landowner 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 Baxter
Meadows,Phase 3A.
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 9,Block 14;Lot 12, Block 15;and Lots 12-14,Block 18 of the Baxter Meadows Subdivision
Phase 3A
2. Improvements
This Agreement specifically includes the following improvements for Phase 3A: a)City standard
sidewalk. The Estimated Cost of said improvements has been estimated by LJB Flatwork LLC, 403
Golden Valley Dr.,Bozeman MT 59718 at Six Thousand, Three Hundred Twelve Dollars and Eighty
Cents($6,312.80) 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 Landowner'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 a financial guarantee
in the form of a financial guarantee acceptable to the City of Bozeman, which is one hundred and fifty
(150)percent of the Estimated Cost of said improvements.
The financial guarantee shall be in full force and effective until the work is completed by the
Landowner and accepted by the City of Bozeman. Said financial guarantee shall be automatically
renewed or extended at a minimum thirty (30) days prior to the expiration date if all required subdivision
improvements are not installed at that time.
The Landowner hereby agrees that the following subdivision related improvements shall be
installed and completed with issuance of a building permit and prior to issuance of an occupancy
permit or within two (2) years of the date of this agreement whichever comes first, in order to avoid
default on the method of security.
The Landowner agrees that no delegation of performance required by this agreement shall relieve
the Landowner of any duty to perform or any liability for the breach of that duty to complete said
subdivision improvements required for the Baxter Meadows Subdivision,Phase 3A.
Upon submission of fully documented invoices for the work performed, said work to be inspected
and certified for payment by Landowner's professional engineers and the City of Bozeman and or its
agents as necessary, the City of Bozeman may release a portion of the letter of credit 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 Landowner is in compliance with this Agreement, and the
Landowner 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 Landowner 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 Landowner at BMW,LLC,235 Greenhills Ranch
Road, Bozeman MT 59718, or such other address as the Landowner 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 Landowner.
B) The City may enforce any other remedy provided by law.
6. Indemnification
The Landowner 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. Landowner 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 Landowner. The Landowner is not an agent or
employee of the City.
7. Attorney Fees
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. Warranty
The Landowner 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.
9. Governine 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 Landowner 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. Filing
The Landowner shall have this Agreement recorded in the Office of the Gallatin County Clerk
and Recorder within 5 business days of the date of this agreement.
LANDOWNER
BY: WALTER WOLF,
MANAGING MEMBER, BMW, LLC
STATE OF MONTANA )
:ss
County oWty
)
On this of , 2013, before me a Notary Public of the State of Montana,
personally appeared Walte olf4 known to me to be the person that executed the foregoing
Improvements Agreement, and acknowledged
tome that they executed the same for and on behalf of said
Landowner.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year
first above written. r
(SEAL) , / 1qyRj 0
1 L__W
(Printed Name ere)
Wendy Wilson Notary Pub Nc for the State of Montana
Notary Public Residing at
for the state of Montana My Commission Tres:
�pTARIAC a
- Residing at:
N: SEA .-. Belgrade, Montana (Use 4 digits for expir on year)
MY C'
°0,,,OF,µ,�,`` S`
THE CITY OF BOZEMAN
BY:WENDY THOMAS,
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On the I today of N ,2013,before me,a Notary Public for the State of
Montana,personally appeared Wend omas, known to me to be the person described in and who
executed the foregoing instrument as Director of Community Development 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)
TARA L HASTIE 0.cQ
P�PL HgsTi Notary Public (Printed Name Here)
~�oznrirq�� for
the State of Montana Notary Public for the State of Montana
Residing at:
SH:AL.;,' Bozeman, Montana Residing at �
'T9lFOF MO�F My Commissio2noE7pires: My Commission Expires 6
April Q4,
(Use 4 digits for expiration year)
EXHIBIT"A"
ESTIMATED COST FOR IMPROVEMENTS
----------------=--------------------------------------------------------------------------------------------------------------
Date: R-9 - a�4
Project: Baxter Meadows Subdivision,Phase 3A
Developer: Walter Wolf
Managing Member,BMW,LLC.
-------------------------------------------------------------------------------------------------------------------------------
Improvement Sq.Ft./Ln. Ft Estimated Cost
Street Boulevard Sidewalks 2,428 sq ft Per LJB Flatwork Bid $ 6,312.80
Total = $ 6,312.80
x 1.5 = $ 9,469.20
Approved by City Engineer's Office Date
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