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Home My WebLink About07- Bozeman Gateway Subdivision PUD Phase 2 J-474 Inter-oftic. Original to: Cm"of Bozeman Plannuig Departtuent 20 East Olive Street N M N 00 n O CO-N N Na IMPROVEMENTS AGREEMENT FOR THE BOZEMAN GATEWAY SUEDIVISIVAV P.UT.D., Y't.ASE 2 This AGREI::i\II?N`I'is treacle and entered into this dac of 2007, E oby and between NHICHELL DE-VEL0NN-11:.NT GROUP, LLC, a 1\Icmtana Limited Ltabih Company, ''�fortnerly snoxvii as `11TCHELL DE\`1.,.1A1FNT AND INVES NAIEN"t_'S, L.LC, P.O. Box %38, Great 0' Falls, i\lT 59403, hereinafter called the "Subdivider", and the CITY OF BOZEiOtr N. a wu-iicip<d � YI corporation and political subdivision of the State of Montana, with offices a 411 East r%.Iairt Srreer, 11. O. Bo\ 1230, Bozeman, 1\1T 59771-1230,hereinafter called the "City". L WIHH.RF._1S, it is the intent and purpose of the Subdivider to meet the conditions of preiiuvnary U • plan- approval, Planning :lpplication No. P-05019, for the final Plar application of The Bozeman Gatecr ky Subdivision P.U.D., Phase 2, to subdivide 17?4± acres and create twenty-three (23) commercial lots, Planning Application No. P-07035;and VIHF:RF.AS, it is the intent and purpose of the Subdivider to obrain Final Plat approval for The Bozernan Gateway Subdivision P.U.D., Phase 2;and WHFIUfAS, it is the intent of the Subdivider to file the Final flat for The .nozeman G arcn av Subdivision P.U.D., Phase 2, 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 this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Plat approval of The Bozeman Gateivay Subdivision P.U.D., Phase 2. NOW, •1'I-IIREI'ORE, in consideration of the mut,.ial covenants and conditions contained herein, it is hereby agteed as follows: The Bozeman Gateway Subdivision P.U.D.,Phase 2—Improvements Agreement 1 1 IHI 1111111111111111111111 E 11111111111111111111111 ?z8,0 of 1. Property Description Charlotte Mills—Gallatin Co MTMISC 49.00 This Agreement pertains to, and includes, those properties which are designated and identified as being: The Bozeman Gateway Subdivision P.U.D., Please 2, containing 17 24± acres, being; a portion of 'Tract 2A of the Amended Plat of the Nest College Minor Subdivision 195A, situated in the NW V4 Section 14 and the NE ?4 of Section 15, 'I'2S, R5F, P.M.M., Citv 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 2; a) Boulevard sidewalks at 'technology Blvd. and West Garfield Srrect, and b) Landscaping ar.d irrigation on Tech:nc10"V Blvd. and West Garfield Street. The Estimated Cost of said improvements has been estimated by Morrison-Maierle, Inc., 901 Technology Boulevard, P.O. Box 1113, Bozeman, MT .59718, at Twenty-Nine Thousand, Seven Hundred and No Cents ($29,700.00) and is attached and made a part of thus Agreement, as Exhibit"A". 3. Financial Guarantee:,Time for Completion of Improvements It. is the Subdivider's invent with this Agreement to file the Final Plat pri.:r o 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. 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 (late if all required subdivision improvements are not installed at that time. The Subdivider hereby agrees that all subdivision improvements will be completed within one (1) year 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 The Bozeman Gateway Subdivision P.U.D.,Phase 2—Improvements Agreement 2 Subdivider shall permit the City and its representatives to enter upon and inspect the property at any reasonable tune. 5. Default Time is of the essence of 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 :Ngrcetvent, 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. Box 738, Great Falls, MT 59403, or such other address as the Subdivider shall provide to the Cite from time to time, without being completely remedied, satisfied, and discharged, the Ci"- 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 except of one hundred fifty percent (150 of the amount reasonably estimated by tie: Cir•- to complete constiuction � N 00 and inspection of the improvements described herein. -1'hc Cit<'s representative, N` contractors, and engineers shall have the right to enter upon the property and perform "m N such work and inspection, and the Developer shall permit and secure any additional N m; permission required to enable them to do so. In the event that any funds remain from N a m those drawn by City hereunder upon completion of all improvement.;, 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 foe and .against all 0 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 concerting 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 The Bozeman Gateway Subdivision Y.U.D.,Phase 2—Improvements Agreement 3 acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently maintained by the Subdivider pursuant to section 18.48.100 of the City of Bozeman Unified Development Ordinance. 9. Governing Law This :lgreement 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 valid, unless evidenced by a writing signed by the parties hereto. 11. Invalid Provision The invalidity or unenforceabilit)• of any' provision of this :lgreement 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 Agreetnerit in whole, or in part. without prior written consent to CAN% 13. Successors Except as pro"ided 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. Filing 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 2,is filed. IIIIII illll IIIII IIIIII IIIIII III II I I I I I III IIIII IIII I 111 2281 f 7 Charlotte Mills-Gallatin Cc MTMISC 49.00 The Bozeman Gateway Subdivision P.U.D.,Phase 2—Improvements Agreement 4 SUBDIVIDER Ii1':LTHE DORE J. i\II"I'CHELI.., Managing Member MITCHELL DFXELOPME'NI` GROUP, LLC, fka MITCI-IELL DEVEI,OPMENI' & INVESTMENTS, LLC, a 1'\Iontalia Limited Liability Company STATL: OF NIONIANA ) :Ss Count-of Gallatin ) On this day- of 5f4ttATbt( , 2007, before me a Notary Public of the State of Montana, personally appeared Theodore J. Mitchell, known to me to be the Managing i\fember, of �:[itch.ell Development Group, I.I.C, fka Mitchell Development & Investments, LLC, a Montana limited liability company, the company that executed the within instrument,and acknowledged to nie that he executed he same for and on behalf of said Company. IN WITNESS\X'HI RE;0F, I have hereunto set my Band and affixed my Notarial Seal the day and year First above writ```.\�t \� E STn�• V • �._ (Printed Nam - re) CHR STiE[EE SrANDI r-o�9 Notary Public for the State of Montana (P .• •.. Q"� Residing at R52PAmmA �i '9TF• • •O��P MV Commission Expires. M�a�,�t t M`�`�� (Use 4 digits for expiration year) IIIIII IIIII IIIII 111111 E111 III1111111�11 2281f 7 IIII IIII 10g11 J2007 01:2 5P Charlotte Mills—Gallatin Co MTMISC 49.00 The Bozeman Gateway Subdivision P.U.D.,Phase 2—Improvements Agreement THE CITY OF BOZEMAN BY: ANDREW C. E.PPLE PLANNING DIREcrOR CITE' OF BOZENIAN STATE OF NIONTANA ) :SS CounrV 3f Gallatin ) On the ) /\day of I m � , 2007, before me, a Notary- Public for the State of Viso itana, personally appeared An re«• C. 1�pp1-:, known to D1c to be the person described in and who executed the foregoing instrument as Planning Director of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to the that she executed the same for and on behalf of said CM'. 1N xx`ITNF,SS WHEREOF, I have hereunto set tnv hand and affixed my seal on the clay and year first written above. (Printed Name Here) Notary Public for the State of Montana ///zi Residing 'r; • ' ' • S'J'�ii Niv Commission Expires:`I-\�: . �Q'••�p•[J�RJ,4L.� s (Use 4 digits for expiration year) ` SF AL 2281284 I lllllllllll p �0111/2007 01,25P IIII Ill�� ll III III I III IIIIIIIIIII IIIIIIIIIIII Charlotte Mills-Gallatin Cc M7MISC 49.00 The Bozeman Gateway Subdivision P.U.D.,Phase 2—Improvements Agreement 6 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS Date: t _ 7 Project:The Bozeman Gateway Subdivision P.U.D., Phase 2 Developer: Ted Mitchell for Mitchell Development Group, LLC, flca Mitchell Development& Investments, LLC Improvement S . Ft. l.tt. I't Estimated Cost City Streets,pavement,curb and gUtrer Per Morrison-Maierle Estimates -0 - Sanitary Sewer Infrastructure Per Morrison-Maierle Estimates -0- Water Infra,;trucrure Per Morrison-Maierle Estimates S -o- 'f echnolog Boulevard, �K'est Garfield,and Per Morrison->tfaierle Estimates � -() 'youth 291` .\venue Street Crossxalks (Phase 3 IA) boulevard Sidexvalks at Tt chnolugy Blvd. Per 1,forrison-Maierle Estimates S 24,70u.00 and West Garfield Street Street i,igliting(Phase 3 IA) Per Morrison-Maierle Estimates $ -0- Boulevard Landscape tend Irrigation Per(Morrison-Nfaierle Estimates $ 5,000.00 T cchnolog),Blvd.and West Garfield Street Street Signs (Phase 3 IA) Per Norrison-Maierle Estimates $ - Total = $ 29,700.00 s 1.5 = $ 44,550.00 Approved by City Engineer's Office -- _- - �,%� Date -y`=07 IIIIII I 2281284 IIIIIIII 1qfl# Pa I IIII II II 9e / O f IIII III 7 IIIIIII , Charlotte0 10lit dills-Gallatin Co MTMISC l2007 01:25P 49.00 The Bozeman Gateway Subdivision PA.).,Phase 2—hnprovements Agreement 7