HomeMy WebLinkAbout14-Trout Meadows Phase 3 Major Subdivision Final Plat Application J-471A
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Bozeman,'MT 59771
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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.
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TD&H
Engineering
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Approved by City Engineer's Office Date
Improvements Agreement :P7ajc-8