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HomeMy WebLinkAbout15- Block M Sidewalk Improvements C—M-1 Send Original to: City of Bozeman Department of Community Development P.O.Box 1230 Bozeman,MT 59771 PLATT 2505454 CharlottefMills iO3G0 5 l2 0 ti5 County, MTM Fee: $9IM0 IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII Iiiil IIIIIII III IIIII IIIII(IIII IIII IIII 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 x "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 i improvements related with the property hereinafter described; and it is the intent of this I 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 i 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 P tY g p property rtY Y 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 i 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 r upon completion of all improvements, such funds shall be promptly returned to the Subdivider. i 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 i 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 4 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 r It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in f part, without prior written consent to City. �r 13. Successors i; i 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. r Block M Phase 2—Sidewalk Improvements Agreement 6 SUBDIVIDERS BY: ANDY HOLLORM BLOCK M,LLC, (Capacity) i STATE OF MONTANA ) :ss County of Gallatin ) I c 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 (Use 4 digits for expiration year)'_ �f` ,.wy f' Block M Phase 2—Sidewalk Improvements Agreement 7 THE CITY OF BOZEMAN 4 BY: WENDY THOMAS, CITY OF BOZEMAN, COMMUNITY DEVELOPMENT DIRECTOR STATE OF MONTANA ) :ss County of Gallatin ) ,U� 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. t (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 E Residing at My Commission Expires A ;ap phi:.i�,ls - gi rp .o "} Ct moritana . - .. Nlly y(Use 4 digits for expiration ar)� k Block M Phase 2—Sidewalk Improvements Agreement 8 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS --------------------------------------------------------------------------------------------------------------------- Date: . Project: Block M Phase 2 Major Subdivision Developer: Block M,LLC --------------------------------------------------------------------------------------------------------------------- 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 / i I i 1 Ck I i I Block M Phase 2—Sidewalk Improvements Agreement 9