HomeMy WebLinkAbout06- Bozeman Gateway Subdivision PUD Phase 1 J-447 ✓ {,�1~lt<� 2247809
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IMPROVEMENTS AGREEMENT
FOR
THE BOZEMAN GATEWAY SUBDIVISION P.U.D., PHASE I
This A(TRF,EN1ENT is made and entered into this 15 day of August . 2006,
by and between NII'I'CHELL DEVELOPMENT GROUP, LLC, a Montana Limited Liability Company,
P.O. Box 738, Great Falls, NIT 59403, hereinafter called the"Subdivider", and the CITY OF BOZENL-1N,
a municipal corporation and political subdivision of the State of Montana, with offices at 411 East Main
Street, P. O. Box 1230, Bozeman,NIT 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-05019, for the Final Plat application of The Bozeman
Gateway Subdivision P.U.D., Phase I, to subdivide 22.15± acres and create eleven (11) commercial
lots, Planning.Application No. P-05049;and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for The
Bozeman Gateway Subdivision P.U.D., Phase I; and
WHEREAS, it is the intent of the Subdivider to file the Final Plat for The Bozeman Gateway
Subdivision P.U.D., Phase I, 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
related with the property hereinafter described; and it is the intent of thus Agreement, and of the parties
hereto, to satisf r the improvements guarantee requirements for the Final Plat approval of The Bozeman
Gateway Subdivision P.U.D., Phase L
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,
it is hereby agreed as follows:
The Bozeman Gateway Subdivision P.U.U.,Phase I—Improvements Agreement ]
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This Agreement pertains to, and includes, those properties which are designated and identified as
being:
The Bozeman Gateway Subdivision P.U.D., Phase I, containing 22.15± acres, being a
portion of Tract 2A of the Amended Plat of the West College Minor Subdivision No.
195A, situated in the NW 'A Section 14 and the NE 'A of Section 15, T2S, R5E, P.M.M.,
City of Bozeman, Gallatin County, Montana, more or less, subject to all existing easements
of record or of fact.
2. Improvements
This Agreement specifically includes the following improvements for Phase 1; a) signalization
improvements at the intersection of Fowler Avenue and West Main Street/US Highway 191, b) public
dedicated streets, pavement, curb and gutter, c) sanitary sewer infrastructure, d) water infrastructure, e)
street cross walls and signage along Technology Boulevard and Harmon Stream Boulevard, f) boulevard
sidewalks, g) street lighting, h) boulevard landscape and landscape irrigation improvements along Fowler
Avenue, Technology Boulevard, West Garfield Street, and Harmon Stream Boulevard, i) landscape of
storm water runoff facilities/open space area, j) Harmon Stream Ditch open space corridor landscape,
signage and trail improvements, k) West Main Street entryway corridor landscape, signage, and trail
improvements, and 1) transit stop along Harmon Stream Boulevard. The Estimated Cost of said
improvements has been estimated by Morxison-Maietle, Inc., 901 Technology Boulevard, P.O. Box
1113, Bozeman, MT 59718, at One Million Four Hundred Thirty Nine Thousand One Hundred Eighty
Four and 38 /100 ($1,439,184.38) and is attached and made a part of this Agreement,as Exhibit"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 Agreement shall be secured by a financial guarantee in
the form of a Letter of Credit, which is one hundred and fifty (150) percent of the Estimated Cost of said
improvements.
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The financial guarantee shall be in full force and effective until the work is completed by the
Subdivider and accepted by the City of Bozeman. Said financial guarantee shall be automatically renewed
or extended within thirty (30) days of the expiration date if all required subdivision improvements are not
installed at that time. The amount of such renewed or extended Letter of Credit shall be equal to one
hundred fifty percent (150%) of the amount reasonably estimated by the City to complete construction
and inspection of any then incomplete improvements described herein. The Subdivider hereby agrees that
(i) all subdivision improvements, except those described in items `j", "k" and "1" in Section 2 above
(which excepted items are collectively referred to herein as the "Non-Essential Improvements") will be
completed within one (1) year of the date of recordation of the Final Plat, and (h) all Non-Essential
Improvements will be completed within eighteen (18) months of the date of recordation of the Final Plat;
in order to avoid default on the method of security.
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 of this Agreement. If die 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 Mitchell Development Group, L.L.C., P.O.
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Boy; 738, Great Falls, MT 99403, 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, draw on the Letter of Credit to the extent of one hundred fifty
percent (1509/6) of the amount reasonably estimated by the City- to 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
those drawn by City hereunder 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. 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. 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. 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 Subdivider shall warrant against defects of all improvements and that these improvements are
made in a good and workman-like manner for a period of one (1) year from the date of their written
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acceptance b�' the governing body. All landscaped areas required by this Agreement shall be permanently
maintained by the Subdivider pursuant to section 18.49.110 of the Bozeman Area Zoning Code.
9. Governing Law
This Agreement shall be construed according to the laws of the State of NIoritana. In the event of
litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin Counrv,
State of Nlontana.
10. Modification or Alterations
No modifications or amendment of this Agreement shall 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 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, enure to the
benefit of,and be enforceable by the parties hereto and their respective heirs, successors and assigns.
14. Filin
The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and
Recorder at the same time the Final Subdivision Plat for The Bozeman Gateway Subdivision P.U.D.,
Phase I,is filed.
The Bozeman Gateway Subdivision P.U.D.,Phase I—Improvements Agreement 5
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SUBDIVIDER
BY: THEODORE J. MITCIIELL,Managing Member
MITCHE'LL DEVELOPMENT GROUP, LLC, flea
MITCHELL DEVELOPMENT & INVESTMENTS,
LLC,a Montana Limited Liability Company
STATE OF MONTANA )
:ss
County of Cascade }
On this 15 day of , 2006, before me a Notary Public of the State of Montana,
personally appeared Theodore J. Mitchell, known to me to be the Managing Member, of Mitchell
Development Group, LLC, flea Mitchell Development & Investments, LLC, a Montana limited liability
company, the company that executed the within instrument,and acknowledged to me that he executed the
same for and on behalf of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year
first above written.
(SEAL)
, ; (Prim Name Here)Me\:SSc,_ (ic�,QA,nc�
1 i /,
'�
• •� ......... • �' :�.�• � Notary Public for the State of Montana
```' ;�; ✓`= ; Residing at
My Commission Expires:
(Use 4 digits for expiration year)
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THE CITY OF BOZEMAN
BY: ANDREW C. EPPLI -
PLANNING DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin ) ( \
On the_l, day of \ )C��1��L , 2006, before me, a Notary Public for the State of
Montana, personally appeared Andrew C. Epple, known to me to be the person described in and �vho
executed the foregoing instrument as Planning 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.
(SEAL) ^� �Aos�t
`
``N\\\ `E�Ei� (Printed Name Here)
��.� Q,P . • • ''%� Notary Public for the State of Montana
���•• �••�% Residing atv7F��Ci_v\
s :•NOTAR/,q�:m My Commission Expires:
*• S,,, : _ (Use 4 digits for expiration year)
NAL
F�M�oll`�`
The Bozeman Gateway Subdivision P.U.D.,Phase I—Improvements Agreement 7
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EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
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Date: ��„c.�, V3. �rllln
Project:The Bozeman Gatewav Subdivision P.U.D., Phase I
Developer. Ted Mitchell for Mitchell Development Group, LLC,
fka Mitchell Development&Investments, LLC
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Improvement Sq. Ft./Ln. Ft Estimated Cost
Silnnalization at Fowler Ave. /West Main St. Per Morrison-Maierle Estimates
City Streets,pavement,curb and gutter Per Morrison-Maierle Estimates $ 513,125.20
Sanitary Sewer Infrastructure Per Morrison-Maierle Estimates $ 126,114.50
Water Infrastructure Per IVforrison-Maierle Estimates $ 154,667.80
Technology Boulevard and Harmon Stream Per Morrison-Maierle Estimates Included under City
Boulevard Crosswalks Streets
Boulevard Sidewalks at Fowler Avenue Per Morrison-Nfaierle Estimates Included under City
Technology Blvd.,Harmon Stream Blvd., Streets
And kt'est Garfield Street
Street Lighting Per Morrison-Maierle Estimates $ 227,856.00
Boulevard Landscape and Irrigation Per Morrison-Maierle Estimates $ 349,320.88
Harmon Stream Ditch and Vlest Main Street Per horrison-Maierle Estimates Included in Landscaping
Open space Landscape,Trail and
Signage Improvements
Storm Water Runoff Facilities (Common Areas) Per Morrison-Maierle Estimates Included in Landscaping
Landscape Improvements
Transit Stop at Hannon Stream Boulevard Included under City
Streets
Miscellaneous Per Morrison-Maierle Estimates $ 68-100.00
Total= $ 1,439,184.38
s 1.5 = $ 2,158,776.57
Approved by City Engineer's Office Date IT 61b6
The Bozeman Gateway Subdivision P.U.D.,Phase I—Improvements Agreement 8
UPDATED EXHIBIT"A"
ESTIMATED COST FOR IMPROVEMENTS
Date:
Project:The Bozetnan Gateway Subdivision P.U.D.,Phase I
Developer: Ted Mitchell for Mitchell Development Group,LLC,
fka Mitchell Development&Investments,LLC
Improvement Sq. Ft./Ln.Ft Estimated Cost Updated Cost
Per IVlorrison-Maierle
Signalization at Fowler Ave./%West Main St. Estimates
Per Nlorrison-Maierle
City Streets,pavement,curb and gutter Estimates $513,125.20 $153,049.74
Per Morrison-Maierle
Sanitary Sewer Infrastructure Estimates $126,114.50 $0.00
Per Mornson-Maierle
\Vater Infrastructure Estimates $154.667.80 $0.00
Technology Boulevard and Harmon Stream Per Morrison-Maierle Included under
Boulevard Crosswalks Estimates City Streets
Boulevard Sidewalks at Fowler Avenue
Technology Blvd.,Harmon Stream Blvd.,And Per Morrison-Maierle Included under
XVcst Garfield Street Estimates City Streets
Per Morrison-Maierle
Street Lighting Estimates $227,856.00 $227,856.00
Per Morrison-Maierle
Boulevard Landscape and Irrigation Estimates $116,323.85 $58,161.93
Harmon Stream Ditch and West Main Street
Open space Landscape,Trail and Signage Per Morrison-Maierle
Improvements Estimates $232,997.03 $116,498.51
Storm\Vater Runoff Facilities (Common Per Morrison-IAlaierle Included in
Areas)Landscape Improvements Estimates Landscaping
Per Morrison-Maierle Included under
Transit Stop at Harmon Stream Boulevard Estimates City Streets
Per Morrison-Alaierle
Miscellaneous Estimates $68,100.00 $30,285.00
Total = $1,439,184.38 $585,851.18
x 1.5 = $2,158,776.57 $878,776.77
The Bozeman Gateway Subdivision Y.U.D.,Phase 1 Improvements Agreement