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HomeMy WebLinkAbout14- Ellis View Estates Major Subdivision, Sidewalk Improvements J-557 Send Original to: City of Bozeman Department of Community Development P.O.Box 1230 Bozeman,NIT 59771 PLATTED 2499506 Page: 1 of 9 12/15/2©14 12:51:11 PM Fee: $9.00 Charlotte Mills - Gallatin County, M7 1Mp 11111111 IN 11111111111111111111111111111111111111111111111111111111111 IMPROVEMENTS AGREEMENT FOR ELLIS VIEW ESTATES MAJOR SUBDIVISION (SIDEWALK IMPROVEMENTS) This AGREEMENT is made and entered into this S hh day of AlOVeKr w-t- 2014, by and between JOE MAHAR, 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-13019, for the Final Plat application of Ellis View Estates (#P14046), to subdivide 5.010 acres together and create nine (9) single- household residential lots, two (2) Open Space parcels, one (1) public park, and the remaining area as public streets; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for Ellis View Estates; and Ellis View Estates—Sidewalk Improvements Agreement 1 WHEREAS, the Final Plat for the Ellis View Estates, was filed prior to the installation of all required subdivision improvements and an improvements agreement with financial security was provided; and WHEREAS, a separate improvements agreement with financial security was provided for performance of improvements related to the corresponding Ellis View Estates PUD and that improvements agreement had a shorter time limit for performance of work and it is therefore appropriate to limit the subject of this improvements agreement; 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 Ellis View Estates. 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—ELLIS VIEW ESTATES (SIDEWALK IMPROVEMENTS ON LOT FRONTAGE) Lot 4A, Minor Subdivision No. 35C, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Northeast Quarter of Section 25, Township 2 South, Range 5 East, Principal Meridian, Montana, and further described as follows: Beginning at the southeast corner of said Lot 4A; thence westerly 269' 40' 00", assumed azimuth from north, 630.09 feet along the south line of said Lot 4A to a point on a curve with the center of circle lying westerly 285' 10' 42" azimuth 1534.89 feet from said point; thence on the following courses along the boundary of said Lot 4A; Ellis View Estates—Sidewalk Improvements Agreement 2 northerly 403.85 feet along said curve,radius 1534.89 feet and central angle 015' 04'31"; northerly 000' 06' 11" azimuth 69.39 feet, tangent to said curve; easterly 089' 40' 00" azimuth 325.29 feet; southeasterly 151°43' 00" azimuth 530.00 feet to the point of beginning. Area=218,249 square feet, 5.0103 acres or 20,276 square meters. Subject to existing easements. 2. Improvements This Agreement specifically includes the following improvements for Ellis View Estates: lot sidewalk improvements. The Estimated Cost of said improvements for Lot Sidewalk improvements has been estimated by C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718, at Twenty One Thousand Four Hundred Seventy Four and Eighty Three Cents ($21,474.83; estimate rounded by Subdivider to $21,475.00. 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 cash for $32,212.25 (US Bank Cashier's Check No. 3182502306) acceptable to the City of Bozeman, which 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 subdivision plat for Ellis View Estates Major Subdivision: lot sidewalk improvements in order to avoid default on the method of security. Ellis View Estates—Sidewalk Improvements Agreement 3 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 Ellis View Estates Major Subdivision. 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 Joe Mahar, 1627 W. Main Street, #370, Bozeman, MT 59718, 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. In the event that any funds remain from the financial guarantee Ellis View Estates—Sidewalk Improvements Agreement 4 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. 9. Governing 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. Ellis View Estates—Sidewalk Improvements Agreement 5 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. 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. Ellis View Estates—Sidewalk Improvements Agreement 6 SUBDIVIDERS BY: JOE MAHAR STATE OF� � ) :ss County of�� ) On this day of ��f Q�'}� � , 2014, before me a Notary Public of the State of personally appeared Joe Mahar, known to me to be the person that executed the foregoing Improvements Agreement, 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) _ (Printed Name Here) OFFICIAL SEAL Notary Publi for the State of a NOTARY PUBLIC OREGO,� Residing at COMMISSION NO.477093 My Commission Expires: MY COMMISSION EXPIRES APRIL 01,26 ; (Use 4 digits for expiration year) EIlis View Estates—Sidewalk Improvements Agreement 7 THE CITY OF BOZEMAN ��� s ►�1 � BY: WENDY THOMAS, COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On the�day of I�G k`n'� f , 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. (SEAL) ` -- (Printed Name Here) TANot,` � � '�f Notary Public or the State of Montana ,ort.,jrg4 for the Satter Residing at r;rslv;' ,t t S1':A1• tr"t My Commission Expires: C))? �eM Corrvm„t.li�r ^< o Of.�,�,� ^� ' ., (Use 4 digits for expiration y ar) nrr��oa. �o'7 Ellis View Estates—Sidewalk Improvements Agreement 8 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS --------------------------------------------------------------------------------------------------------------------- Date: Project: Ellis View Estates Major Subdivision Developer: Joe Mahar --------------------------------------------------------------------------------------------------------------------- Improvement Sq. Ft./Ln.Ft Estimated Lot Sidewalk Improvements 5,052.9 sq/ft @ $4.25 per sq/ft $ 21,474.83 Rounded by Subdivider $ 21,475.00 Sub Total $ 21,475.00 150% $ 32,212.25 Approved by City Engineer's Office Date Ellis View Estates—Sidewalk Improvements Agreement 9