The URL can be used to link to this page

Home My WebLink About10- Bozeman Gateway Subdivision PUD Phase 2, Kohl's Inter-office Ori&ial to: City of Bozeman Planning Department 20 East Olive Street IMPROVEMENTS AGREEMENT FOR THE BOZEMAN GATEWAY SUBDIVISION P.U.D.,PHASE 2 As referenced in Final Site Plan for Kohl's This AGREEMENT is made and entered into this 21-_day of ,2010, by and between MITCHELL DEVELOPMENT GROUP, LLC, a Alontana Limited Liability Company, formerly known as MITCHELL DEVELNIENT AND INVESTMENTS, LLC, P.O. Box 738, Great Falls, INIT 59403, hereinafter called the "Subdivider", and the CITY OF BOZEA•IIkN, a municipal corporation and political subdivision of the State of Montana, with offices at 411 East Main Street, P. O. Box 1230, Bozeman, N1T 59771-1230,hereinafter called the "City". WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of final plat approval, Planning Application No. P-05019, for The Bozeman Gateway Subdivision P.U.D., Phase 2, and WHEREAS, it is the intent and purpose of the Subdivider complete the Final Conditions for approval for The Bozeman Gateway Subdivision P.U.D., Phase 2,and WHEREAS, the Subdivider has filed the Final Plat for The Bozeman Gateway 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 Gateway Subdivision P.U.D., Phase 2. The Bozeman Gateway Subdivision P.U.D.,Phase 2—Improvements Agreement 1 NOW, THEREFORE,in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Proper1y Description This Agreement pertains to, and includes, those properties which are designated and identified as being: The Bozeman Gateway Subdivision P.U.D., Phase 2, containing 17.24± acres, being a portion of 'Tract 2A of the Amended Plat of the West College Minor Subdivision No. 195A, situated in the NW V4 Section 14 and the NE 'A of Section 15, T2S, RSE, 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 2; a) Boulevard sidewalks at Technology 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 Four Hundred and Ninety Dollars and No Cents ($29,490.00) 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 meet 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. 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 Subdivider hereby agrees that all subdivision improvements described in this Agreement will be completed within three years of the date of this Agreement 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 The Bozeman Gateway Subdivision P.U.D.,Phase 2—Improvements Agreement 2 Representatives of the City sball have the right to enter upon the property at any reasonable time in order to inspect it and to deternune 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 all)- reasonable time. 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 Agreement, and such default or failure shall continue for a period of Harty (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.D. Box 738, Great Falls, MT 59403, or such other address as the Subdivider shall provide to the City from tune 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 (1500io) 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 tine 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. 13) The City-may enforce any other remedy provided by law. G. 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. The Bozeman Gateway Subdivision P.U.D.,Phase 2—Improvements Agreement 3 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 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 LaR, This Agreement 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 be 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 ui 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. The Bozeman Gateway Subdivision P.U.D.,Please 2—Improvements Agreement 4 SUBDIVIDER BY: T DORE J. MITCHELL, Managing Member HELL DEVELOPMENT GROUP, LLC, fl:a MITCHELL DEVELOPMENT & INVESTMENTS, LLC,a Montana Limited Liability Company SPATE OF MONTAN A ) :ss Count-of Cascade ) On this day of E)cAckj � , 2010, before me a Notary Public of the State of Montana, personally appeared Theodore J. Mitchell, kno,.vn to me to be the Managing Member, of Mitchell Development Group, LLC, fka 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) n Name Here)mp�.0_ MELISSA ANDERj Notary Public for the State of Montana w�s'.aa�Fns NOTARY PUBLIC State of Monta Residing atISEAL Res,ding at Grew tauMy Commission Expires: no\ \�2�1`tfAy Commission EApra 15. 201 (Use 4 digits for expiration year) The Bozeman Gateway Subdivision P.U.D.,Phase 2—Improvements Agreement 5 HE CITY OF BOZEMAN BY:T' PL NING DIR TOR C I1'OF BOZEMA i STATE OF MONTANA ) :ss County of Gallatin ) On the �_ day of �'� ;�';Vi'',,��.'C , 2010, before me, a Notary Public for the State of Montana, personally appeared Tim McHarg, known to me 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 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) cfit s e (Printed Name Here) TAR/ Notary Public r the State of Montana �.•�O q c Residing at E _<<'Pin Ct n f *1 My Commission Expires: 1 j �'. S 1'.n L Zr (Use 4 digits for expiration y ar) .,,>y• • •'P�,, fO�F IAG�'(\\�\�� The Bozeman Gateway Subdivision P.U.D.,Phase 2—Improvements Agreement 6 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS --------------------------------------------------------------------------------------------------------------------------------------- Date: October 26,2010 Project:The Bozeman Gateway Subdivision P.U.D.,Phase 2 Developer. Ted Mitchell for Mitchell Development Group, LLC, fka Mitchell Development&Investments, LLC -------------------------------------------------------------------------------------------------------------------------------------- Improvement Sq. Ft./Ln.Ft Estimated Cost City Streets,pavement,curb and gutter Per Rlorrison-Niaierle Estimates S 0.00 Sanitary Sewer Infrastructure Per 1`iorrison-Maierle Estimates 0.00 Water Infrastructure Per Morrison-Maierle Estimates S 0.00 Boulevard Sidewalks at Technology Blvd. Per Norrison-Maierle Estimates $ 36,990.00 West Garfield St., Harmon Stream and South 29th Ave Street Lighting Per Morrison-Maierle Estimates 0.00 Miscellaneous Per Morrison-Maierle Estimates $ 0.00 Total= 5 29,490.00 s 1.5 = $ 44,235.00 Approved by City Engineer's Office Date C:\Documents and SettingsWed\Local SettingsUemporary Internet Files\Content.Outlook\XGIXSZON\Bozeman Gateway PUD Phase 2 l A- ] eahibitA-VS(3).doc