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HomeMy WebLinkAbout14-Trout Meadows Phase 3 Major Subdivision Final Plat Application J-471A Send Qriginal to: Ciry of Bozeman Department of Community Development P.O.Box 1230 lacy 1[c) Bozeman,'MT 59771 2488319 CharrlottefMills -BfGalla014 tin CCountry, MTMf Fee' $GI oo MP 11111111111111111 IIIIIII IIIIII IIII 1111111111111 IIIIIII III IIIII IIIII IIII IIII IMPROVEMENTS AGREEMENT FOR THE TROUT MEADOWS PHASE 3 MAJOR SUBDIVISION FINAL PLAT APPLICATION (SUBDIVISION FILE NO. P14032), BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this 'Z day of July , 20H, by and between Remainder at Trout Meadows, i. LC, Scott Hacker, 4200 Expressway, Missoula, MT 59808 hereinafter called the "Subdivider," and the City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the"City." WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of approval of a Major Subdivision Final Plat to aggregate ten (10) lots into two (2) lots in Block 5 and to aggregate eleven (11) lots and relocate open space in Block 6 and to remove the existing Restricted Size Lot (RSL) designations from certain lots within these blocks in the Cattail Lake Subdivision, Phases 1 and 2 on property legally described as Lots 1-10 in Block 5 and Lots 1-11 & OSPA 1 in Block 6 of the Plat of Cattail Lake Subdivision, Phases 1 & 2, located in the SW '/.1 of Sec. 26, TI S, R5E, P.M.M. Citv of Bozeman, Gallatin County, Montana. Block 5 is generally_ located north of Catamount Street, between Fen Way and Blackbird Drive. Block 6 is generally located south of Trout Meadows Road, between Fen Wav and Davis Lane. WHEREAS, it is the intent of the Subdivider to obtain Final Plat approval for Trout Meadows Major Subdivision Phase 3 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 on the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements and guarantee requirements for the conditional Trout Meadows Phase 3—Improvement Agreement Subdivision File No. P14032 approval of said Final Plat application. 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 as R-4 on the City of Bozeman Zoning Map, and identified as property legally described as Lots 1-10 in Block 5 and Lots 1-I I & OSPA 1 in Block 6 of the Plat of Cattail Lake Subdivision, Phases 1 & 2, located in the SW '/4 of See. 26. TIS, R5E, P.M.M. City of Bozeman, Gallatin County Montana. Block 5 is generally located north of Catamount Street, between Fen Way and Blackbird Drive. Block 6 is generally located south of Trout Meadows Road between Fen Way and Davis Lane. 2. Improvements This Agreement specifically includes mobilization, removal and plugging of existing water services. installation of new 1'/2" water services, removal of asphalt for services, installation of new asphalt (patclhinjg), and installation of a 5' sidewalk as provided in the approved Final Plat Subdivision File No. P14032 and the provided estimate. The estimated cost of these improvements is attached as Attachment A. 3. Financial Guarantee, Time for Completion of Improvements It is the Subdivider's intent with this Agreement to file the Final Plat prior to completion of all required subdivision improvements. Therefore, this Improvements Agreement shall be secured by cash (Wells Fargo, N.A., No. 1231; $45,345.00) acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at the time occupancy of structures is requested. Improvements may be financially guaranteed with a letter of credit or other acceptable form of security. Said method of security shall be valid for a period of not less than three (3) years. In any event, all required improvements other than sidewalk installation shall be completed within nine (9) months of the date of this agreement in order to avoid default on the method of security. Improvements Agreement Page 2 Trout Meadows Phase 3—Improvement Agreement Subdivision File No. P14032 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 Trout Meadows Major Subdivision, Phase 3. 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 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 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 for 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 Remainder at Trout Meadows. LLC, Scott Hacker, ManaginiT Member, 4200 Expressway, Missoula, MT 59808 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 Subdividers shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. Improvements Agreement _` Pa e 3 Trout Meadows Phase 3—Improvement Agreement Subdivision File No. P14032 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. The 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. Warranty The Subdivider shail warrant against defects in these improvements and that these improvements are made in a good and workman-like manner for a period of one year from the date of their written acceptance by the Governing Body. The Subdivider acknowledges that the required landscaping must be maintained in a healthy, growing condition at all times. 8. Governing Law and Venue This Agreement shall be construed under and governed by 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. 9. Attorney's 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, to include the salary and costs of in-house counsel including City Attorney. 10. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless agreed to in writing 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 Improvements Agreement Pa e 4 Trout Meadows Phase 3—Improvement Agreement Subdivision File No.P14032 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 of the City. 13. Successors Except as provided in paragraph 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 Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the same time as the Final Subdivision Plat for the Trout Meadows Phase 3 Major Subdivision Final Plat is filed. Improvements Agreement _ Pa e 5 Trout Meadows Phase 3—improvement Agreement Subdivision File No. P14032 SUBDIVIDER REMAINDER AT TROUT MEADOWS,LLC By: Scott H a Martaging ember i r Scott Hacker. Manain Member STATE OF MONT'ANA } k1tSSbut6"- )ss. County of ern ) On this 0 2- day of JA , 2014, before me, the undersigned, a Notary Public for the State of n , personally appeared Scott Hacker, Managing Member, known to me to be the person that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said Subdivider. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) V EhLLA VU L-0 (Printed Name Here) Notary Public for the State Montana GSA sy EGLAWIWAMS� Residinbat� f wr-ThG-e NOTARY PUBLIC for the � .Zo State of Montana My Commission Expires: * SEAL * Residing at Florence,Montana (Use 4 digTits for expiration y My Commission Expires F�F MON Apd[30,2017 Improvements reement P e 6 Trout Meadows Phase 3—Improvement Agreement Subdivision File No.P14032 THE CITY OF BOZEMAN Wendy Thomas Director of Community Development STATE OF MO JTANA ) )ss. County of GALLAT,N ) On this day of u , 2014, before me, a Notary Public for the State of Montana, personally appeared Wend , Thomas, 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 Notarial Seal the day and year first above written. u (SEAL) (Printed Name Here) �P�hlgsl; TAF3A L HASTIE Notary Public for the State of Montana ,'`P,•' i�; Notary Public for the State of Montana Residing at Bozeman —— Rcsiaing at: My Commission Expires: '-] SEAL., Bozeman, Montana My commission Expires: (Use 4 digits for expiration ear) OF Mo " ; April 04, 2017 Improvements Agreement Page 7 ITrout Meadows Phase 3—Improvement Agreement Subdivision File No.P14032 ATTACHMENT A: Trout Meadows Phase 3 COom.1"Uctim. 12:7C'4 TD&H Engineering Upil— DESCRIPT LN Q t.A N 7 UNIT PS 1'--E A?JrArNT-- ------Lc0r,CS, 21 LA lK,)l•X, z Is'ec'o.cc. t"owla EA !-. "Mc.C-C, X TN Z*30.C<l WX bF S,ODO C-0 TOTAL. :i:"-.23U 01) Approved by City Engineer's Office Date Improvements Agreement :P7ajc-8