HomeMy WebLinkAbout15- Block M Sidewalk Improvements C—M-1
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City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,MT 59771
PLATT
2505454
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County, MTM Fee: $9IM0
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IMPROVEMENTS AGREEMENT
FOR
BLOCK M MAJOR SUBDIVISION
(SIDEWALK IMPROVEMENTS)
This AGREEMENT is made and entered into this day of
20151 by and between BLOCK M LLC, hereinafter called the
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"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 P13010, for the Final Plat application of Block
M Phase 2 P14056 to subdivide .5 acres together and create 8 residential lots, 1 Open Space
parcels; and
WIMREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Block MPhase 2; and
WHEREAS, the Final Plat for the Block MPhase 2, was filed prior to the installation of i;
all required subdivision improvements and an improvements agreement with financial security
was provided; and
Block M Phase 2—Sidewalk Improvements Agreement 1
WHEREAS, a separate improvements agreement with financial security was provided for
performance of improvements related to the corresponding Block M Phase 2 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
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improvements related with the property hereinafter described; and it is the intent of this
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Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the
Final Plat approval of Block MPhase 2.
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—BLOCK M PHASE 2
(SIDEWALK IMPROVEMENTS ON LOT FRONTAGE)
Amended plat of Lot R,Block M in the Plat of Bozeman City and Portions of abandoned Beall
Street.
2. Improvements
This Agreement specifically includes the following improvements for Block M Phase 2: lot
sidewalk improvements. The Estimated Cost of said improvements for Lot Sidewalk
improvements has been estimated by TD&H Engineering and Surveying, Inc., 234 E. Babcock
Street, Suite 3, Bozeman, MT 59758, at Twelve Thousand Four Hundred Ninety Five Dollars
$12,495.00. The estimate is attached and made apart of this Agreement, as Exhibit"A".
Block M Phase 2—Sidewalk Improvements Agreement 2
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 is secured by a letter of
credit for $80,724 No. 92 by Opportunity Bank of Montana 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 Block M Phase 2 Major Subdivision: 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 Block M Phase 2 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
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of credit for the work completed by the referenced invoices.
4. Inspection
Representatives of the City shall have the right to enter upon the roe at an
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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
Block M Phase 2—Sidewalk Improvements Agreement 3
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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 Block
M, LLC 20 N. Tracy Avenue 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:
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 j
them to do so. In the event that any funds remain from the financial guarantee
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upon completion of all improvements, such funds shall be promptly returned to
the Subdivider.
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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 r,
sustained by any person or entity in connection with, or on account of the performance of work
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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
Block M Phase 2—Sidewalk Improvements Agreement 4
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. GoverninE 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
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No modifications or amendment of this Agreement shall be valid, unless evidenced by a
writing signed by the parties hereto.
11. Invalid Provision F
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
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It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in
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part, without prior written consent to City.
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13. Successors
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Block M Phase 2—Sidewalk Improvements Agreement 5
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. Filin
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.
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Block M Phase 2—Sidewalk Improvements Agreement 6
SUBDIVIDERS
BY: ANDY HOLLORM
BLOCK M,LLC,
(Capacity)
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STATE OF MONTANA )
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County of Gallatin )
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On this day of -r , 2015, before me the undersigned, a Notary
Public of the State of Montana, personally appeared Andy Holloran, known to me to be the f
person that executed the within instrument, and acknowledged to me that he executed the same
as y on behalf of Block M,LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL) yy
(Printed Name Here ` fiz _
NotaryPublic- the
State of Montand
Residing at y
My Commission Expires: f
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Block M Phase 2—Sidewalk Improvements Agreement 7
THE CITY OF BOZEMAN
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BY: WENDY THOMAS,
CITY OF BOZEMAN,
COMMUNITY DEVELOPMENT DIRECTOR
STATE OF MONTANA )
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County of Gallatin )
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On the 1 ,\ day of r ,° 1 , 2015,before me the undersigned, a Notary
Public for the State of Montana, personally appeared Wendy Thomas, known to me to be the
person that executed the within instrument, and acknowledged to me that she executed the same
as Community Development Director on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
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(SEAL)
(Printed Name Here)
` - ' Notary Public for the State of Montana
,,1orar-y Putj C
r0TARi/q -for is State of "� ontc"3na Residing at
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Block M Phase 2—Sidewalk Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
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Date: .
Project: Block M Phase 2 Major Subdivision
Developer: Block M,LLC
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Improvement Sq. Ft./Ln. Ft Estimated
Lot Sidewalk Improvements 2,450 sq/ft @ $5.10 per sq/ft $ 12,495
Sub Total $ 12,495
150% $ 18,742.50
Approved by City Engineer's Office Date /
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Block M Phase 2—Sidewalk Improvements Agreement 9