HomeMy WebLinkAbout06- Freight-Loft Minor Subdivision C-23-A17
Inter-office Original to:
City of Bozeman
Planning Department
20 East Olive Street
Freight/Loft Minor Subdivision #P-05037
IMPROVEMENTS AGREEMENT FOR
FREIGHT/LOFT MINOR SUBDIVISION,
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this �Cj\, day of f\ ,2006-,
by and between Mill District LLC,2001 Stadium Drive,Suite A.Bozeman MT 59715„hereinafter called
the "Subdividers",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 approval
of a minor subdivision preliminary plat application to subdivide 0.73 acres legally described as Lots 6-14_
Block 106. Northern Pacific Addition, in Section 6. T2S, R6E, City of Bozeman, Gallatin County,
Montana into two Q mixed-use lots;and
WHEREAS,it is the intent of the Subdivider to obtain Final Plat approval;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 on the property hereinafter described;and it is the intent of this Agreement,and of the
parties hereto,to satisfy the requirements and guarantee improvements 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:
rav�e�ts �aena�►t �' . �1
2218148
PLATT I I 1 Pass: i or 7
1 III II IIIIIIII IIIIIII IIIIIIIIIIII IIII 02/08/2008 03:27P
IIII Iilllllll II III
Shelley Vanoa-Gallatin Co MT MISC 49.00
Frei ht/Loft Minor Subdivision #P-05037
1. Property Description
This Agreement pertains to and includes those properties which are designated and identified as follows:
Lots 6-14, Block 106, Northern Pacific Addition, in Section 6, T2S, R6E, City of Bozeman Gallatin
County.
2. Improvements
This Agreement specifically includes street and alley improvements including but not limited to: curb
gutter,paving,striping,signage,sidewalks,and tree grates,as illustrated on the plans and specifications
contained in the City Engineering Department and Planning Department files. The estimated cost of
these improvements is $87,830.15 x 1.5 = $131,745.23.
3. Financial Guarantee,Time for Completion of Improvements
It is the Subdivider's intent to file the final subdivision plat prior to the completion of said
improvements. Therefore, this Agreement shall be secured by a financial guarantee in the form of a
Letter of Credit, No. DO y YO l I L �- issued by L?-!� Sic , IJES '6,4�AL , dated
,�A►lo�w1 � Z 't' with a maturity date of'D6wtc� rS%vt iz,Ui- in the amount of $131,745.23,
which is one and one-half times the estimated cost of the installation of all required improvements. The
Subdivider hereby agrees that the curb,gutter,and gravel courses shall be completed prior to issuance of
a building permit; that paving, striping, and signage shall be completed within one year of City
Commission approval of the Final Plat and that sidewalks and tree grates shall be completed within
three 3)years of City Commission approval of the Final Plat or prior to occupancy,whichever occurs
first. In any event,all required improvements shall be completed within the time frame provided herein
for the completion of the improvements in order to avoid default on the method of security.
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 for 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
Improvements Agreement page 2
I IIIIIIIII II IIIII IIII II III IIIII IIIIIII III IIIII IIII IIII 221817
Shelley Vanoo-Gallatin Co MT MISC 49.00
deposited in the United States mail addressed to the developer,2001 Stadium Drive,Suite A,Bozeman
MT 59715,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, 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 Developer shall permit and
secure any additional permission required to enable them to do so.
B) The City may enforce any other remedy provided by law.
6. Indemnification
The Developer 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. The Developer 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 Developer. The Developer is not an agent or
employee of the City.
7. Warranty
The Subdivider shall warrant against defects in these improvements for a period of one year from the
date of their written acceptance by the Governing Body.
8. 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.
9. 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.
hm mme--Waft Avfe3a mt Pa e 3
III III I I IIIIIII II IIIII IIIIIII III IIII IIII III 22 3 of 1817
I III ii II I I I
Shelley Vance-Gallatin Cc MT MISC 49.00
10. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid,unless agreed to in writing 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 of the City.
13. Successors
Except as provided in paragraph 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.
ImproveMuft Aywmewt ftee 4
IIIIIII IIIIIII III IIIII IIIIIII III IIIII(lll IIII 22 4 of 1817
IIIIIII II I
Shelley Vance-Gallatin Cc MT MISC 49.00
LANDOWNER/SUBDIVIDER
Mike Barrett
STATE OF MONTANA } Managing Member Mill District,LLC
:ss
County of Gallatin )
On this day of JO�.�n , 2005, before me, the undersigned, a Notary
Public for the State of Montana, personally a peared Mike Barrett,known to me to be the Managing
Member Mill District,LLC,the corporation that executed the within instrument,and acknowledged to
me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written. ,(�
SEAL DE-
� ','F (Printed Name Here)
Notary Public for the State of Montana
*` Residing at Montana
° C My Commission Expires-V-)et. 31 A.00-7
Improvements Agreement Page 5
II111111
2218148 02g/08/2006 03:27P
IIIIIII IIIII IIIIIIIIII
Shelley Vanoo-Gallatin Co MT MISC 49.00
THE C TY O BOZEMAN
Andrew C.Epple
Director of Planning&Community Development
STATE OF MONTANA)
:ss
County of GALLATIN )
On this day of-� ,200 ,before me,a Notary Public for the
State of Montana,personally appeared Andrew C. Apple, known to me to be the person described in
and who executed the foregoing instrument as Director of Planning Community Development for 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 Notarial Seal the day
and year first above written.
(SEAL)
i a e-
\\����� P 1.E E 1y,9 ���yi (Printed Name Here)
QQ', •;���� Notary Public for the State of Montana
"e NOTAFJJ,q ' Residing at n ,Montana
My Commission Expires . 9r. 4,aooq
� . SEAL_
Improvemeaft a ;_40w Fage 6
II IIIIIIIIIIIIIiI II III IIIII IIIIIII II IIIII IIII IIII 22 6 of 1817
I II
Shelley Vance-Gallatin Cc MT MISC 49.00
IIIIII(IIII IIIII IIIIII)III IIIIIII III IIIII IIII IIII 22181048P
Shelley Vance-Gallatin Cc MT MISC 49.00
Exhibit A: Cost Estimate
Rocky Mountain Engineers, P.L.L,C.
Civil Engineering&Land Surveying
1700 W.Koch St.,Suite 7,Bozeman,Montana 59715 (406) 586-4859
Improvements Bond
Remaining Infrastructure Cost Estimate for The Mill District
Page 1 of 1
Thlnktank Design Group, Inc. Improvement Bond
12/07/05 Unit Total
lteln No.Description Quantity Units Price Price
12 Storm Drainage
Street Restoration&Paving Above SD 1 LS $1,610.00 $1,610.00
Catch Basin w/Curb Inlet 1 EA. $2,000.00 $2,000.00
12"Dia. PVC Strom Drain Pipe 15 L.F. $45.00 $675,00
Total $2,675.00
13 Street and Alley
Mobilization 0.5 LS $7,000.00 $3,500,00
Excavation and Embankment(Alley) 425 C.Y. $3.52 $1,496,00
Select Sub-Base Course-6"minus(Alley) 215 C.Y. $11.00 $2,365.00
Crushed Base Course-1"minus(Cinwd&Alley) 368 C.Y. $20.00 $7,360.00
3"Asphalt Surface(Cinwd&Alley) 1,906 S.Y $7.60 $14,485.60
City Standard Curb and Gutter(Cinwd&Alley) 737 L.F. $15.00 $11,055.00
Grade behind Cottonwood St.North Curb 300 L.F. $10.00 $3,000,00
Concrete Fillets(At N and S ends Parking Lot) 4 EA $1,575.00 $6,300.00
7"-T Valley Gutter(Cottonwood Parking) 669 S.F. $8.35 $5,586.15
7"-T Valley Gutter(Alley) 78 S.F. $8.35 $651.30
14"Sidewalk 2,081 S.F. $4.00 $8,324.00
-Pedestrian Ramps 5 EA. $500.00 $2,500.00
-Handicap Signage 1 EA. $275,00 $275.00
Street Pavement Markings 1 LS $500.00 $500.00
Tree Well and grate 5 EA. $2,500.00 $12,500.00
Crushed Base Course-1"minus(Cinwd East) 38 C.Y. $20.00 $760.00
3"Asphalt Surface(Ctnwd East) 190 S.Y. $7.60 $1,444,00
City Standard Curb and Gutter(Cinwd East) 100 L.F. $15.00 $1,500.00
7"-6'Valley Gutter(Ida&Cottonwood) 186 S.F. $8.35 $1,553.10
Total $85,155.16
Sum of Remaining Infrastructure Construction Costs $87,830.16
� i. 5
Improvements Agreement Page 7