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Home My WebLink About06- Wierda Minor Subdivision J-369A J57180Page: I of 6 rs�atTe� I III 02/16/2007 04:10P II illl IIIII Illll IIIIIII III IIIIIII IIIII III II II III i Charlotte Mills-Gallatin Co MTMISC 62.00 Wierda Minor Subdivision #P-06049 IMPROVEMENTS AGREEMENT FOR WIERDA MINOR SUBDIVISION THIS AGREEMENT is made and entered into this i I+tN day of Lk 2006, by and between Evert and Jamee Wierda,hereinafter called the"Subdividers,"and the City of zeman, 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 Subdividers to meet the conditions of approval of a second or subsequent minor subdivision from a tract of record preliminary plat application to subdivide 0.708 acres into two residential lots at 2983 Fen Way;and WHEREAS,it is the intent of the Subdividers to obtain Final Plat approval;and WHEREAS,it is the intent and purpose of both the Subdividers 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 minor subdivision application. NOW, THEREFORE,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: Lot 4, Block 12, Cattail Creek Subdivision Phases 2A & 2B, situated in the northwest one-quarter of Section 35,T1S,RSE,PMM,City of Bozeman,Gallatin County,Montana 2. Improvements This Agreement specifically includes the installation of a P/2-inch water service and a 4-inch sewer service, and all necessary repairs to the existing streets and sidewalks, as shown on the approved preliminary plat. The estimated cost of these improvements is: $3,500.00 x 1.5 = $5,250.00, 3. Financial Guarantee,Time for Completion of Improvements It is the Subdividers' 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 in the amount of$5,2500.00 which is one and one-half times the estimated cost of the installation of all required improvements. The Subdividers hereby agree that all of the improvements must be completed prior to issuance of a building permit for either lot. 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. Improvements Agreement Page 1 J-369A Paqe of 6 ,!7180 Charlotte Mills-Gallatin Co MTMISC 62.00 Wierda Minor Subdivision #P-06049 IMPROVEMENTS AGREEMENT FOR WIERDA MINOR SUBDIVISION THIS AGREEMENT is made and entered into this II day of 1/ 2006 by and between Evert and Jamee Wierda,hereinafter called the"Subdividers,"and the City of zeman, 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 Subdividers to meet the conditions of approval of a second or subsequent minor subdivision from a tract of record preliminary plat application to subdivide 0.708 acres into two residential lots at 2983 Fen Way;and WHEREAS,it is the intent of the Subdividers to obtain Final Plat approval; and WHEREAS,it is the intent and purpose of both the Subdividers 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 minor subdivision application. NOW, THEREFORE,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: Lot 4, Block 12, Cattail Creek Subdivision Phases 2A & 2B, situated in the northwest one-quarter of Section 35,T1S,RSE,PMM,City of Bozeman,Gallatin County,Montana 2. Improvements This Agreement specifically includes the installation of a 11/2-inch water service and a 4-inch sewer service, and all necessary repairs to the existing streets and sidewalks, as shown on the approved preliminary plat. The estimated cost of these improvements is: $3,500.00 x 1.5 = $5,250.00. 3. Financial Guarantee,Time for Completion of Improvements It is the Subdividers' 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 in the amount of$5,2500.00 which is one and one-half times the estimated cost of the installation of all required improvements. The Subdividers hereby agree that all of the improvements must be completed prior to issuance of a building permit for either lot. 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. Improvements Agreement Pa e 1 IIIII IIIIIII III11111111111111111111111111 pa�5�f1s� 02/16/2007 04:10P Charlotte Mills-Gallatin Co MTMISC 62.00 Wierda Minor Subdivision #P-06049 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 Subdividers are in compliance with this Agreement,and the Subdividers 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 Subdividers 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 Subdividers at 13707 Camp Creek Road, Manhattan,MT 58741,or such other address as the Subdividers 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 Subdividers 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 Subdividers hereby expressly agree 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 Subdividers further agree 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 Subdividers. The Subdividers are not an agent or employee of the City. 7. Warranty The Subdividers shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. Improvements Agreement Page 2 50 I II ill lllll llll llll 225 0. 0 IIIIIIII`~i►I�illIIIIIIIIIIIIIIIIIII II Charlotte Mills-Gallatin Co MTMISC 62.00 Wierda Minor Subdivision #P-06049 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. 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 Subdividers 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 parries hereto and their respective heirs, successors and assigns. Improvements Agreement Page 3 Illlli��il IIIII IIIII 225 $0 I IIIIIIIIIIIIIIIIIIIII II Page 4 of 6 I IIII IIII 02/16!200707 1 04. P 0 Charlotte Mills-Gallatin Co MTMISC 62.00 Wierda Minor Subdivision #P-06049 SUBDIVIDERS Evert Wierda SUBDIVIDERS J l Jame Wierda STATE OF MONTANA ) ss. County of Gallatin ) On this day of �1 lX�rl�U'I(�V , 2006, before me, the undersigned, a Notary Public for the State of Montana,personally appeared Evert and Jamee Wierda,known to me to be the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above wri, 411 N - �j l Q .p - S�I rinte Name Here) NOTAR� ':mJ ( Notary Public or the State of Montana * ; ( Residing at Nj,',��, •• * My Commission Expires: ��' • . �P�� (Use 4 digits for expiration year) •��F OF'M'ON'(P.\\\� Im rovements Agreement Page 4 11I11 IIIII IIIIIII III IJIIjjj 1111I 111111111111111' 022571o80 Charlotte Mills-Gallatin Co MTMISC 62.00 Wierda Minor Subdivision #P-06049 THE CITY OF BOZEMAN i Andrew C. Epple Director of Planning&Community Development STATE OF MONTANA ) :ss County of GALLATIN17 ) On this day 1 of ,200k,, before me,a Notary Public for the State of Montana,personally appeared Andrew C. Epp Ye, 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 tome that he 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. 1IPN 6Yevt nc -✓ —(PrinteJ Name Here) Notary Public for the State of Montana (Seal) Residing at '6 � C. My Commission Expires: 3/Z 5 g - (Use 4 digits for expiration year) Improvements Agreement Pa e 5 IIIIII IIIII d1i III225' 6 -'IIIIII1IIIIIIIIIIIIIIIIIIIII 02/16/2007 0410P Charlotte Mills-Gallatin Co MTMISC 62.00 EXHIBIT A AMENDED PLAT OF LOT 4, BLOCK 12 CATTAIL CREEK SUBDIVISION PHASES 2A AND 28 ENGINEERS ESTIMATE ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT IMPROVEMENTS ON-SITE 1-1 1 1/21' COPPER WATER SERVICE INSTALLATION 1 EA $500.00 $500.00 1-2 4"PVC SANITARY SEWER SERVICE INSTALLATION 1 EA $500.00 $500.00 SAW-CUT, EXCAVATE, AND RESTORE PAVEMENT, 1-3 CURB SIDEWALK ON FEN WAY FOR SERVICES 1 EA $2,500.00 $2,500.00 $3,500.00 TOTAL = $3,500.00 TOTAL X 1.5 = $5,250.00