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