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HomeMy WebLinkAbout99- Stadium Center Subdivision IMPROVEMENTS AGREEMENT FOR STADIUM CENTER SUBDIVISION THIS AGREEMENT is made and entered into this 20th day of May, 1999, by and between C.M.M.Partnership, P.O. Box A, Bozeman, MT, 59715, hereinafter called the "Subdivider", and the City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of approval of infrastructure improvements required for a Major Subdivision application to subdivide 14.5707 acres into19 lots for office use plus a remainder open space lot hereinafter described;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 improvements guarantee requirements of said Major Subdivision approval. NOW, THERrrO11_13, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as follows: Stadium Center Subdivision, being "Tracts 2A and 211 of Certificate of Survey No. 280 and Tract 1B of Certificate of Survey I-1-A, located in the SW'A of Section13, Township 2 South, Range 5 East, PMM, City of Bozeman, Gallatin County, Montana, containing 14.5707 acres, more or less, subject to all existing easements of record or of fact. 2. Improvements and .estimated Cost of Imnr v� ement1 This Agreement specifically includes: a) the satisfactory completion of external public street improvements (including sidewalks, signs, etc.) to Kagy Boulevard and South 11'h Avenue; b) the satisfactory completion of internal private street improvements (including curb and gutter, signs, and dead end diamonds) c) the satisfactory completion of the open space pedestrian/bicycle trail and sidewalk system; d) stormwater detention/retention facilities; e) common parking lots; 0 landscaping and g) street lighting. The Estimated Cost of said improvements has been estimated by Rocky Mountain I?ngineers and Dan Kamp at Six-Hundred and Tour Thousand and Seven- Hundred and Seventy-Seven dollars ($604,777.00). All improvements are shown and referenced on the approved construction plans and specifications contained in the files of the City Engineering IMPROVEMENTS AGREEMENT, STADIUM CENTER SUBDIVISION PAGE1 Bozeman, Montana. 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 all required on-site improvements. Therefore, this Agreement shall be secured by a financial guarantee in the form of Letter of Credit # 1900-00663 dated 20 May 1999, in the amount of $907,165.50 issued by First Security Bank in favor of the City of Bozeman, which is 150 percent of the estimated cost of improvements. This financial guarantee shall be in full force and effect until the work is completed by the Subdivider and accepted by the City of Bozeman. The Subdivider hereby agrees that the improvements will be completed within nine (9) months of the date of final plat approval 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 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 snail addressed to the Subdivider at P.O. Box A, Bozeman, MT, 59715, 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, 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 perfonn such work and inspection, and the Developers shall permit and secure any additional percussion required to enable them to do so. In the event that any funds remain from the financial guarantee 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. IMPROVEMENTS AGREEMENT, STADIUM CENTER SUBDIVISION PAGE 2 6. Warran The Subdivider shall warrant ajNainst defects of all improvements for a period of one year from the date of their written acceptance by the City. 7. Governing I aw and Venue 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. 8. Attor icy'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. 9. Modifi ac lions or Alterations No modifications or amendment of this Agreement shall be valid, unless agreed to in writing by the parties hereto. 10. Inv-lid 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. 11. 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. 12. Successors Except as provided by Paragraph 11, 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. 13. Filin The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the same time the l7inal Subdivision Plat for Stadium Center Subdivision is filed. IMPROVEMENTS AGREEMENT, STADIUM CENTER SUBDIVISION PAGES C.M.M Partnership Ily: Gene Cook STATE OF. MONTANA) :ss County of Gallatin ) On this r41 day of �' 1999, before me, a Notary Publi For th�Stat,e_of Montana, personally appeared Gene Cook,who represented himself as the of C.M.M Partnership, the partnership that executed the foregoing Improvements Agreement, and acknowledged to me that he executed the same for and on behalf of said partnership. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Publi fo State f Montana Residing at ` Commission Ex fires: /-3 THE CITY OF BOZEMAN d. P I z j1ZI?a Phillip J. For •s Director of Public Service STATE OF MONTANA ) :ss County of Gallatin ) On the 12f aday of 1999, before me, a Notary Public for the State of Montana, personally appeared Phillip J. Forbes, known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he 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. Notary Public for, ate of M itana Residing at Bozeman Commission Expires: Q� IMPROVEMENTS AGREEMENT, STADIUM CENTER SUBDIVISION PAG64 CERTIFICATE OF COMPLETION OF IMPROVEMENTS We, 4K Limited Partnership, Gene E. Cook, and Larry W. Moran, Subdividers, and I, Ray H. Center, a Registered Professional Engineer and Land Surveyor licensed to practice in the State of Montana, hereby certify that the following public improvements, required as conditions of approval of Stadium Center Subdivision, have been installed in conformance with the approved plans and specifications: 1) Sanitary sewer and water main extensions, 2) Storm sewer main. Construction of the additional improvements listed below, required as conditions of approval, will be guaranteed by an Improvements Agreement and Renewable Letter of Credit. 1) Widening along Kagy Boulevard to add a center turn lane, and construction of a five (5) foot wide sidewalk along Kagy Boulevard. 2) Construction of South Eleventh Avenue, thirty-two (32) feet wide, with curb and gutter and sidewalk along the west side of the street. 3) Street signs and stop signs at all intersections with public rights-of-way, conforming with the standards outlined in the Bozeman Area Subdivision Regulations. 4) No Parking Signs along Kagy Boulevard and the interior private street installed in accordance with the City of Bozeman Streets and Sanitation Department. 5) Private interior streets with curb and gutter. 6) Parking lot improvements including paving, curbing, striping and sidewalks. 7) Onsite stormwater detention facilities. 8) Common open space areas, open space landscaping, and bicycle/pedestrian paths. 9) Street lights for the interior private street system and security lights for parking areas. The Subdivider hereby warrants against defects in these improvements for a period of one year from the date of completion and acceptance by the City of Bozeman. The subdivider grants possession of all public infrastructure improvements to the City of Bozeman, and the City hereby accepts possession of all public infrastructure improvements, subject to the above indicated warranty. Subdivider: Date: /le/9y -- nerOk.1-1�Z,l , Y/� — Date: & / 8 ( q q Gen E. Cook &A d-4- - �8 t49 , Date. Larry W. M ON 1 A 1, , `S, ....,� Professional Engineer: UNTER 5653 ES .> Ma Ray H. C nter, Registration No. 5653 E ;�`1( �p,i�,i�,��;�•'�� City of Bozeman: Date: Phillip J. Forb , D' ctor of Public Service