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Home My WebLink About06- Bozeman Gateway Subdivision PUD Phase 3 J-449 2248306 t ��a�� Illllllllllllllllllllllllllllllllllllllllllllllllllll0l 11/15/2006 04:10P Shelley Vance-Gallatin Co MT MISC 76.00 IMPROVEMENTS AGREEMENT FOR THE BOZEMAN GATEWAY SUBDIVISION P.U.D., PHASE 3 This AGREEMENT is made and entered into this . day of_ v 5� 52006, by and between MITCHELL DEVELOPMENT GROUP, LLC, a Montana Limited Liability Company, P.O. Box 738, Great Falls, MT 59403,hereinafter called the "Subdivider", and the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at 411 East Main Street,P. O. Box 1230, Bozeman,MT 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. 1)-05019, for the Final Plat application of The Bozeman Gateway Subdivision P.U.D., Phase I, to subdivide 10.937± acres and create twelve (12) 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 Gate way Subdivision P.U.D.,Phase.,and WHEREAS, it is the intent of the Subdivider to file the Final Plat for The Bozeman Gateway Subdivision P.U.D., 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 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 GatesvaySubdivision P.U.D., Phase 3. NOW,THEREFORE,in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: The Bozeman Gateway Subdivisir W.D.,Phase 3—Improvements Agreement 1 IIII)IIIII III IIIII IIIII IIIII�Ild�l III IIII IIII IIII 2248306P 1. Property Description 4 Shelley Vance-Gallatin Cc MT MISC 76.00 This Agreement pertains to, and includes, those properties which are designated and identified as being: The Bozeman Gateway Subdivision P.U.D., Phase 3, containing 10.937± acres, being a portion of Tract 2A of the Amended Plat of the West College Minor Subdivision No. 195A, situated in the NW '/4 Section 14 and the NE '/4 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 3; a) public dedicated streets, pavement, curb and gutter, b) sanitary sewer infrastructure, c) water infrastructure, d) street cross walks at Technology Boulevard and South 29 Avenue, e) boulevard sidewalks at South 29 Avenue and Technology Boulevard and West Garfield Street, 0 street lighting, and g) landscape and landscape irrigation improvements. The Estimated Cost of said improvements has been estimated by Morrison- Maierle, Inc., 901 Technology Boulevard, P.O. Box 1113, Bozeman, MT 59718, at Six Hundred Thirty Nine Thousand One Hundred Fifty Six and 07/100 Dollars ($639,156.07) 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. 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 Xvill be The Bozeman Gateway Sabdivisic X.D.,Phase 3—Improvements Agreement 2 II�III lllll IIIiI IIIIID DIIID�ll�l ElII III ID I�O IIII IIII 2248f 8 Shelley Vance-Gallatin Cc MT MISC 76.00 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 Subdivider shall permit the City and its representatives to enter upon and inspect the property at ani, 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 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 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 (1500 o) 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 Bozeman Gateway Subdivisinvisi%U.D.,Phase 3—Improvements Agreementnent 3 IIIIII III I IIIII IIIIII IIIII OII�I�111 III 11$El IIII 2248f 8 Shelley Vance-Gallatin Co MT MISC 76.00 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. 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 3,is filed. The Bozeman Gateway Subdivisic U.D.,Phase 3—Improvements Agreement 5 ]EI 11H HlI 1111IIIIIIIIII IIIIIIIIIIllli IIII I II Page; 8 Shelley Vance-Gallatin Cc MT MISC 76.00 SUBDIVIDER B • DORE J. MITCHELL, Managing Member MITCHELL DEVELOPMENT GROUP, LLC, fka MITCHELL DEVELOPMENT & INVESTMENTS, LLC,a Montana Limited Liability Company STATE OF MONTANA ) :ss County of Cascade ) On this - day of 2006, before me a Notary Public of the State of Montana, personally appeared Theodore . Mitchell, known 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( (P ed Name Here) Notary ublic for the State of Montana Residing at My Commission Expires: l 1 C. - (Use 4 digits for expiration year) The Bozeman Gateway Subdivisio U.D.,Phase 3—Improvements Agreement 6 2248306 IIIIIllllllllllIII IIII IIII IIII 18 of 8 1/15/2006 04.10P Shelley Vance-Gallatin Cc MT MISC 76.00 EXHIBIT GW' ESTIMATED COST FOR IMPROVEMENTS --------------------------------------------------------------------------------------------------------------------------------------- Date: ��r - oZvZ U C- Project:The Bozeman Gateway Subdivision P.U.D., Phase 3 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 Morrison-Maierle Estimates S 256,925.55 Sanitary Sewer Infrastructure Per Morrison-Maierle Estimates $ 64,661.00 NWater Infrastructure Per Morrison-Maierle Estimates $ 93,626.00 Technology Boulevard and South 29 Ave Per Morrison-Maierle Estimates Included under City Boulevard Crosswalks Streets Boulevard Sidewalks at South 29 Avenue Per Morrison-Maierle Estimates Included wider City And Technology Blvd. Streets And West Garfield Street Street Lighting Per Morrison-Maierle Estimates $ 153,544.00 Landscaping and Irrigation Per Morrison-Maierle Estimates $ 3,399.52 Miscellaneous Per Morrison-Maierle Estimates S 67,000.00 Total= S 639,156.07 s 1.5 = S 958,734.11 Approved by City Engineer's Office Date &,7 The Bozeman Gateway Sabdivisior P.U.D.,Phase 3—Improvements Agreement S