HomeMy WebLinkAbout11- First Interstate Bank Baxter Meadows Phase IIB PUD Major Subdivision IMPROVEMENTS AGREEMENT FOR
FIRST INTERSTATE BANK
BAXTER MEADOWS PHASE IIB PUD MAJOR SUBDIVISION #P-03042
LOCATED NORTH BAXTER LANE
BETWEEN DAVIS ROAD AND GALLATIN GREEN,BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this 2.3 day of vGvs7, 2011,
by and between First Interstate Bank, a Montana Corporation, P.O. Box 30918, Billings, MT
59116 (hereinafter called the "Developer"), 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 Developer to meet the conditions of
approval of a Major Subdivision Application to divide the 11.17Acres on property located north
of Baxter Lane between Davis Road and Gallatin Green.
WHEREAS, it is the intent of the Developer to obtain Final Plat Approval.
WHEREAS, it is the intent and purpose of both the Developer 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
approval of said Major Subdivision 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 Plat of Baxter Meadows Subdivision, Phase 2B being a tract of land being Lot
4AIA of C.O.S. No 22002C located in the SE 1/4 of Section 34, Township 1 South, Range 5 East
P.M.M.
2. Improvements. This Agreement specifically includes any water, sewer, street and
drainage improvements, cash-in-lieu of parkland dedication, and sidewalk installation and other
improvements as illustrated on the plans and specifications provided in the approved Major
Subdivision Application for Baxter Meadows Subdivision, Phase 213, Bozeman Montana. The
estimated cost of these improvements is attached as Exhibit A.
3. Financial Guarantee, Time for Completion of Improvements. If construction
associated, with a required building permit, is to occur prior to completion of all required on-site
improvements, this Improvements Agreement must be secured by the Letter of Credit from First
Baxter Meadows Phase IIA PUD Major Subdivision Improvements Agreement#tP-03042
Page 1
Interstate Bank and a bond, both of which are acceptable by the City. First Interstate Bank will
provide a Letter of Credit, on behalf of First Interstate Bank, to the City of Bozeman to guarantee
the installation of sanitary sewer, water, storm sewer, roadways, street lighting, landscaping and
irrigation as required for final plat of Baxter Meadows, Phase 2B. Per estimates prepared by
Thomas Dean and Hopkins, Inc. it is agreed that the cost of the required improvements will be
$33,800.00. The Letter of Credit will be issued upon the City of Bozeman accepting the above
stated cost and the acceptance of the final plat as ready for recording. This Letter of Credit shall
be valid for a period of not less than twelve (12) months from the date hereof. In any event, all
required improvements shall be completed within nine (9) months of occupancy in order to avoid
default on the Letter of Credit.
The bond shall be in the amount of$50,700.00 to secure the installation of the required
improvements. The bond shall secure performance of First Interstate Bank as owner and the City
as an additional obligee.
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 Developer is in compliance with
this Agreement, and the Developer 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 Developer 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 developer at
First Interstate Bank, James H. Ritter, 401 North 31S` Street Billings, MT 59101, or such other
address as the Developer 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.
1) 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
Developers shall permit and secure any additional permission required to enable
them to do so.
2) The City may enforce any other remedy provided by law.
Baxter Meadows Phase HA PUD Major Subdivision Improvements Agreement#tP-03042
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6. Warranty. The Developer shall warrant against defects in these improvements for a
period of one year from the date of their written acceptance by the Governing Body.
7. 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.
8. 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.
9. Modifications or Alterations. No modifications or amendment of this Agreement shall
be valid, unless agreed to in writing by the parties hereto.
10. 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.
11. No Assignment. It is expressly agreed that the Developer shall not assign this
Agreement in whole, or in part, without prior written consent of the City.
12. Successors. Except as provided in paragraph 10, this Agreement shall be binding upon,
enure to the benefit of, and be enforceable by the parties hereto and their respective heirs,
successors and assigns.
PROPERTY OWNER
First Interstate Bank
r
By:
Nao. J H Ritter
Title: Vice president
Baxter Meadows Phase IIA PUD Major Subdivision Improvements Agreement#P-03042
Page 3
STATE OF MONTANA )
ss.
County of Yellowstone )
This,instrum nt as signed, sworn o and a cnowled ed before me on c� , 2011 by
6e . ! of First Interstate B
nc —
eg)koAMYANDERSON Print NamNOTARY PABIC for the Notary Public for the State of Montana
state of Montana Residing at Billings, Montana
Reskgng at Wings,MT
My cot rlsslon Expires My commission expires:
December 15,2013
THE CI F BOZEMAN
Tim McHarg
Planning Direc r
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was signed, sworn to and acknowledged before me on% C� , 2011 by
Tim McHarg, as Planning Director of the City�f Bozeman.
O (� �—Pam'=
Print Name
(SAL)�OTAR/q�•m Notary Public for the State of Montana
_ Residing at Bozeman, Montana
I. My commission expires: ` ; l �-\ a
(j \�
Baxter Meadows Phase IIA PUD Major Subdivision Improvements Agreement#P-03042
Page 4
First Interstate Bank
401 N.31 st St.
P.O.Box 30918
First Billings,MT 59116-0918
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Bank
IRREVOCABLE STANDBY LETTER OF CREDIT NO. #1109600452
August 23, 2011
City of Bozeman
Bozeman,MT 59715
To Whom It May Concern:
We hereby issue in your favor this Irrevocable Standby Letter of Credit#1109600452 in your
favor for the account of Baxter Meadows Subdivision in the amount of$50,700.00 (Fifty
thousand seven hundred dollars and no/l 00)which is available by your draft(s) at Sight drawn
on us. All drafts must be marked"Drawn on FIRST INTERSTATE BANK Irrevocable Letter of
Credit No. #1109600452."
Drafts drawn under this Letter of Credit must be drawn and presented at our principal banking
office at FIRST INTERSTATE BANK, PO Box 30918, Billings, MT 59116 not later than the
close of business on August 23, 2012,the expiring date of the Letter of Credit.
We hereby engage with you that all drafts drawn and/or documents presented under and
incompliance with the terms of this Letter of Credit shall be duly honored upon presentation to
us.
This Irrevocable Standby Letter of Credit is drafted and issued in accordance with the terms and
provisions of the Uniform Commercial Code as enacted in the State of Montana(Sections 30-5-
101, MCA, et seq-)
This Letter of Credit is subject to and governed by the Uniform Customs and Practice for
Documentary Credits (1993 revision), International Chamber of Commerce Publication No. 500
and the laws of the state of Montana.
Sincerely,
Su4an M. Riplett, Vice President
EXHIBIT A
ENGINEER'S CERTIFICATE
REGARDING
Incomplete Subdivision Infrastructure
Baxter Meadows Subdivision, Phases 2B
January 12, 2011
This document relates to the above referenced a parcel of land being the Remainder of
Tract 2A of COS No. 2202A, Located in the SE '/4 of Section 34, TIS, R5E P.M.M. City
of Bozeman Gallatin County, Montana.
The incomplete work as of the above date includes irrigation for street medians and street
lights including bases for the Baxter Meadows Subdivision, Phase 2B Infrastructure.
Also attached is the schedule of current values. Street light estimates are based on
information provided by Northwestern Energy. Unit prices show that the total
improvements amount totals $33,800.00. I certify that based on existing conditions at
this time in Bozeman the attached cost estimate totaling $50,700.00 is a realistic cost for
the improvements outlined above.
Respectfully Submitted,
Keith Waring, P.E.
Baxter Meadows Phase 2B Remaining Work
Finacial Guranteed Improvement Agreement Cost
1/11/2011
Item# Description Est.Qty Unit Unit Price Amount
1 Irrigation 1.00 LS $3,800.00 $3,800.00
2 Street Lights 5.00 EA $6,000.00 $30,000.00
GRAND TOTAL $33,800.00
REMAINING WORK IN CONTRACT $ 33,8001.00
REQUIRED IMPROVEMENT AGREEMENT AMOUNT $ 50,700.00