HomeMy WebLinkAbout14-Southbridge Major Subdivision, Phase 3 (Sidewalk Improvements) Send Original to:
City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,NIT 59771
IMPROVEMENTS AGREEMENT
FOR
SOUTHBRIDGE MAJOR SUBDIVISION, PHASE 3
(SIDEWALK IMPROVEMENTS)
This AGREEMENT is made and entered into this f day of
])&pj`,f / , 2014, by and between SOUTHBRIDGE DEVELOPMENT LLC,
hereinafter called the "Subdivider", and the CITY OF BOZEMAN, a municipal corporation and
political subdivision of the State of Montana, with offices at City Hall, 121 North Rouse Avenue,
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. P-11001, for the Final Plat application of
Southbridge Major Subdivision (formally Meadow Creek), Phase II (#P-14012), to subdivide
11.374t acres together and create seventeen (32) single-household residential lots,two (2) public
parks, one (a) Open Space parcel, and the remaining area as public streets and alleyways; and
WHEREAS, the subdivision title for Meadow Creek Subdivision, Phase II has been
amended to be Southbridge Subdivision; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Southbridge Subdivision, Phase 3; and
Southbridge Major Subdivision,Phase 3—Sidewalk Improvements Agreement 1
WHEREAS, the Final Plat for the Southbridge Subdivision, Phase 3 , was filed prior to
the installation of all required subdivision improvements for Phase 3 and an improvements
agreement with financial security was provided; 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 Southbridge Subdivision,Phase 3.
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 being:
LEGAL DESCRIPTION—SOUTHBRIDGE PHASE 3
(SIDEWALK IMPROVEMENTS ON LOT FRONTAGE)
A portion of Lot 1 of the Amended Plat of Southbridge Subdivision Phase 2, on record
with the Gallatin County Clerk and Recorder located in the Southeast One-Quarter of Section 23,
Township 2 South,Range 5 East, Principal Meridian Montana(P.M.M), Gallatin County,
Montana being more particularly described as follows:
Beginning at an Alpine aluminum cap at the southwest corner of Remainder Tract A, of
Southbridge Subdivision Phase 2;
thence South 88' 55' 36" East a distance of 354.67 feet to a calculated position;
thence North 00' 17' 41" East a distance of 41.96 feet to an Alpine aluminum cap;
thence South 88' 54' 37" East a distance of 758.62 feet to a calculated position;
thence South 04' 53' 54" East a distance of 41.97 feet to a Sanderson Stewart yellow plastic cap;
thence South 88' 55' 36" East a distance of 135.16 feet to a Gaston yellow plastic cap;
thence South 00' 03' 06" West a distance of 352.28 feet to a calculated position;
thence North 89' 56' 53" West a distance of 158.43 feet to an Alpine aluminum cap;
thence northwest a distance of 24.92 feet along a non-tangential curve concave southwest
having a radius of 220.00 feet, a central angle of 06' 29' 23", a chord bearing
of North 27'40' 00" West and a chord length of 24.91 feet to a a calculated position;
Southbridge Major Subdivision,Phase 3—Sidewalk improvements Agreement 2
thence South 59' 05' 18" West a distance of 60.00 feet to an Alpine aluminum cap;
thence North 30' 54' 42" West a distance of 63.90 feet to an Alpine aluminum cap;
thence South 59' 06' 25" West a distance of 75.73 feet to an Alpine aluminum cap;
thence southwest a distance of 100.48 feet along a tangential curve concave northwest
having a radius of 180.00 feet, a central angle of 31° 58' 59", a chord bearing
of South 75' 05' 54" West and a chord length of 99.18 feet to an Alpine aluminum cap;
thence North 88' 54' 37" West a distance of 843.28 feet to an Alpine aluminum cap;
thence North 00' 59' 3 1" East a distance of 377.94 feet to the Point of Beginning
containing 11.374 acres, more or less.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
2. Improvements
This Agreement specifically includes the following improvements for Phase 3: lot sidewalk
improvements. The Estimated Cost of said improvements for Lot Sidewalk improvements has
been estimated by Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT
59718, at Fifty Eight Thousand Five Hundred Ninety Seven Dollars and Seventy Five Cents
($58,597.50). The estimate is attached and made a part of this Agreement, as Exhibit"A".
3. Financial Guarantee, Time for Completion of Improvements, Additional
restrictions
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
irrevocable standby Letter of Credit No. AD145M?Sfor an amount not to exceed
$87,896.25 VrSt IiA�(rbtal C baf\l acceptable to the City of Bozeman, which
(Bank name and Address)
is one hundred and fifty (150) percent of the Estimated Cost of said improvements.
The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed not later than three (3) years of the filing of the final
Southbridge Major Subdivision,Phase 3—Sidewalk Improvements Agreement 3
subdivision plat for Southbridge Major Subdivision, Phase 3: lot sidewalk improvements in
order to avoid default on the method of security.
The Subdivider agrees that no delegation of performance required by this agreement shall
relieve the Subdivider of any duty to perform or any liability for the breach of that duty to
complete said subdivision improvements required for the Southbridge Major Subdivision,
Phase 3.
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 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 mail addressed to the Subdivider at
Southbridge Development LLC, 20 North Tracy, 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:
Southbridge Major Subdivision,Phase 3—Sidewalk Improvements Agreement 4
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. 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.
6. Indemnification
The Subdivider 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. Subdivider 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
Subdivider. The Subdivider is not an agent or employee of the City.
7. Attorney 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, including fees, salary, and costs of in-house
counsel including City Attorney.
8. Warranty
The Subdivider shall warrant against defects of all improvements and that these
improvements are made in a good and workman-like manner for a period of two (2) years from
the date of their written acceptance by the governing body. All landscaped areas required by this
Agreement shall be permanently maintained by the Subdivider pursuant to section 38.26.100 of
Southbridge Major Subdivision,Phase 3—Sidewalk Improvements Agreement 5
the Bozeman Zoning Code or the Southbridge Subdivision Home Owners Association if, and
only if, pursuant to Section 4.3 of the Southbridge Covenants (pg. 9), until 75 percent of the lots
in Southbridge have been sold or five years have passed since the recording of these Covenants,
whichever is longer. Southbridge Covenants were recorded with the Gallatin County Clerk &
Recorder on August 27, 2012, record No. 2427605.
9. Governina Law
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.
10. Modification or Alterations
No modifications or amendment of this Agreement shall be valid, unless evidenced by a
writing signed 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 to City.
13. Successors
Except as provided in paragraph twelve (12), this Agreement shall be binding upon,
ensure to the benefit of, and be enforceable by the parties hereto and their respective heirs,
successors and assigns.
Southbridge Major Subdivision, Phase 3—Sidewalk Improvements Agreement 6
14. Filing
The Subdivider shall have this Agreement recorded in the Office of the Gallatin County
Clerk and Recorder at the within 10 business days of the signature of the Community
Development Director.
Southbridge Major Subdivision,Phase 3—Sidewalk Improvements Agreement 7
SUBDIVIDERS
BY: ANDREW D. HOLLORAN, MEMBER
SOUTHBRIDGE DEVLOPEMENT LLC
STATE OF MONTANA )
:ss
County of Gallatin )
On this /L2 day of l Gi�t'��'�1� , 2014, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Andrew D. Holloran, known to me
to be a Member of Southbridge Development. LLC the entity that executed the within
instrument, and acknowledged to me that they executed the same for and on behalf of said
Subdivider.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL) [ f
""e"" Chris Budeski G(�i N`'�
�P`S'_V�(s, `- NotaryPublic
G' 07AA! '�' for the Stat of Montana (Printed Name Here)
.N AC'.
.SEAL: Bozemani Montana Notary Public for the State of Montana
q e2,o Residing at 6`JGz tq r pt
%,mac pp s My Commission Expires: x � i
November26,2o1s My Commission Expires: l� ou 7&J'2&�
(Use 4 digits for expiration year)
Southbridge Major Subdivision,Phase 3—Sidewalk Improvements Agreement 8
THE CITY OF BOZEMAN
`Y. ENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On the day of sego kw&4- , 2014, before me, a Notary Public for the
State of Montana, personally appeared Wendy Thomas, known to me to be the person described
in and who executed the foregoing instrument as Community Development Director of 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 seal on the day and
year first written above.
Q,�i,UA"e--
Notary IE AJ//V6 IZ
2.,�,oTAR/q<:fit ,`for th3 tat*- nt'" ttt i
(Printed Name Here)
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OFM , _ ,:: _ Notary Public for the State of Montana,
March
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My Commission Expires: o3lzs 20/S
(Use 4 digits for expiration year)
Southbridge Major Subdivision,Phase 3—Sidewalk Improvements Agreement 9
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
---------------------------------------------------------------------------------------------------------------------
Date•
Project: Southbridge Major Subdivision,Phase 3
Developer: Andrew D. Holloran, Southbridge Development LLC
---------------------------------------------------------------------------------------------------------------------
Improvement Sq. Ft./Ln. Ft Estimated
Lot Sidewalk Improvements 15,626sq/ft @ $3.75 per sq/ft $ 58,597.50
$ 58,597.50
Sub Total $ 58.597,50
150% $ 87,896.25
Approved by City Engineer's Office e -
Southbridge Major Subdivision,Phase 3—Sidewalk Improvements Agreement 10