HomeMy WebLinkAbout15- Block M Landscaping and Street Improvements C-1—M
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City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,MT 59771
PLAT
2505453
Page: 1 of 10 03/05/2015 02:34:44 PM Fee: $10.00
Charlotte Mills - Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
BLOCK M MAJOR SUBDIVISION
(LANDSCAPING AND STREET IMPROVEMENTS)
This AGREEMENT is made and entered into this day of
r t _ 2015, by and between BLOCK M 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
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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
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parcels; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Block MPhase 2; and
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WHEREAS, the Final Plat for the Block MPhase 2, was Piled prior to the installation of
all required subdivision improvements and an improvements agreement with financial security
was provided; and
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Block M Phase 2—Landscaping and Street 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
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 Block M Phase 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: Open
Space landscaping and irrigation, cub and gutter asphalt mill and overlay, curb inlets, street
demolition and permitting. The Estimated Cost of said improvements for Lot Sidewalk has been
estimated by TD&H Engineering and Surveying, Inc., 234 E. Babcock Street, Suite 3,
Block M Phase 2—Landscaping and Street Improvements Agreement 2
Bozeman, MT 59758, at Twelve Thousand Four Hundred Ninety Five Dollars $44,090.50.
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 is secured by a letter of
credit for $80,724 No. 92 by Opportunity Bank of Montana and cash amount of$4155 ck. 368
acceptable to the City of Bozeman, which is one hundred and fifty (150)percent of the Estimated
Cost of said improvements.
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The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed not later than (1) one year of the filing of the final
subdivision plat for Block M Phase 2 Major Subdivision: landscaping irrigation and street
improvements 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 Whase 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
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
Block M Phase 2—Landscaping and Street Improvements Agreement 3
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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 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
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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
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.
Block M Phase 2—Landscaping and Street Improvements Agreement 4
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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.
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Block M Phase 2—Landscaping and Street Improvements Agreement 6
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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
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event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court,
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Gallatin County, State of Montana.
10. Modification or Alterations
No modifications or amendment of this Agreement shall be valid, unless evidenced by a 4
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.
Block M Phase 2—Landscaping and Street Improvements Agreement 5
SUBDIVIDERS
BY: ANDY HOLLO
BLOCK M,LLC,
(Capacity)
STATE OF MONTANA )
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County of Gallatin )
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On this day of 2015, before me the undersigned, a Notary
Public of the State of Montana, persglly appeared Andy Holloran, known to me to be the
person that executed the within instrument, and acknowledged to me that he executed the same E
as �` '�� on behalf of Block M,LLC.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
(SEAL)
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^ � (meted Name Here) f6111 t� i
Notary Public for the State of Montana
c.i Residing at ',,
" ` " ' ' ° ' My Commission Expires: IZ;,
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Block M Phase 2—Landscaping and Street Improvements Agreement 7
THE CITY OF BOZEMAN
BY: WENDY THOMAS,
CITY OF BOZEMAN,
COMMUNITY DEVELOPMENT DIRECTOR
STATE OF MONTANA )
:ss
County of Gallatin )
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On the X day of N , 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,
SEAT.
� ub€chc �d r„pj Pofo taaf -,tr,c sate � (Pri
t . t ed NameHere)T, .
Residing at!
Montana Notary Public for the State of Montana
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{ ` ` April 04, 2st7 My Commission Expires,
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(Use 4 digits for expiration year)
Block M Phase 2—Landscaping and Street Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
---------------------------------------------------------------------------------------------------------------------
Date: -
Project: Block M Phase 2 Major Subdivision
Developer: Block M,LLC
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Block M Phase 2 Construction
Financial Guarantee Construction Cost Estimate
0/2512014
Engineering
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EST, UNIT TOTAL
DESCRIPTION QUANTITY UNIT PRICE AMOUNT
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Mobilization 1 LS 6,750.00 $ 6,750,00
Street Cut and Misc Permits 1 LS 1,250.00 $ 1,250.00 .,
Remove and Dispose Existing Curb and Gutter 490 LF 2.50 $ 1,225.00
Remove and Dispose Existing Sidewalk 2450 SF 1.00 $ 2,450,00
Abandon Existing Water Services 1 EA 800.00 $ "
install New 8"SDR 35 Sewer Main 339 LF 40.00 $ '
Install New 4"Sanitary Sewer Services 8 EA 775.00 $ '
Install New 48"Sanitary Sewer Manholes 2 EA T4-50 00 $
Additional Manholo Depth 8 VF 400,00 $ "
Connect to Existing Sanitary Sewer Manhole i EA 11650,00 $ `
Install Water Services 8 EA 1,275.00 $
Sewer and Water Crossing 1 EA 3,250,00 $ '
Curb Inlet with Apron 2 EA 2,750.00 $ 5,600.00
New Curb and Gutter 490 LF 23.00 $ 11,270.00
New 5'Sidewalk 2450 SF 5.10 $ 12,495.00
MITI and Remove 2"Asphalt 6,890 SF 0.45 $ 4,000.50
2"Asphalt Overlay(Beall) 125 TON 71,00 $ 8,875.00
TOTAL $ 53.815.50
Items to be completed by Owner prior to recording final plat
David J.Crawford,
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Block M Phase 2—Landscaping and Street Improvements Agreement 9
Block M Common Open Space and Boulevard Cost Estimate
Costs based on 2014 installation numbers using local market contractors.
Item Quantity Cost Total Responsible
Lawn Grass Seed (sq.ft.) 2,700 $0.10 $270 Developer
Top soil(cu.Yd.) 20 $35 $700 Developer
Landscape Rock(cu.Yd.) 10 $45 $450 Developer
Irrigation(sq.ft.) 2,700 $0.50 $1,350 Developer
Total $2,770
Sub Total $ 44,090.50
150% $ 66,135.75
Approved by City Engineer's Office Date 7
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Approved by Planning Division . z y,, Date -" -' , _
Block M Phase 2—Landscaping and Street Improvements Agreement 10