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HomeMy WebLinkAbout15- Partridge Downs Phase I Major Subdivsion Sidewalk Improvements J-565 Send Original to: City of Bozeman PLATTED j Department of Community Development P.O.Box 1230 Bozeman,MT 59771 2517842 Page: 1 of 11 07/17/2015 02:10:31 PM Fee: $11.00 Charlotte Mills - Gallatin County MT IMP 111111111111111111111111111111111111111IN 1111111111111111111111111111111111111 IMPROVEMENTS AGREEMENT FOR PARTRIDGE DOWNS PHASE 1 MAJOR SUBDIVISION (SIDEWALK IMPROVEMENTS) This AGREEMENT is made and entered into this "'day of ` 2015, by and between VISION DEVELOPMENT, 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. P14015, for the Final Plat application of Partridge Downs Phase I Major Subdivision (PI5013), to subdivide 6.21± acres together and create thirty(30) single-household residential lots, one Open Space parcel, and the remaining area as public streets; and WHEREAS,it is the intent and purpose of the Subdivider to obtain Final Plat approval for Partridge Downs Subdivision,Phase 1; and i Partridge Downs Major Subdivision-Sidewalk Improvements Agreement 1 WHEREAS,the Final Plat for the Partridge Downs Subdivision,Phase 1, was filed prior to the installation of all required subdivision improvements for Phase 1 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 Partridge Downs Subdivision,Phase 1. 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—PARTRIDGE DOWNS PHASE 1 (SIDEWALK IMPROVEMENTS ON LOT FRONTAGE) The property is legally described as Tract 2A of COS 501,together with a strip of land described in Document No. 2268861, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the Southeast One-Quarter(SE '/4) of Section 3, Township Two South(T2S),Range Five East(R5E),P.M.M., Gallatin County,Montana. 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 1: lot sidewalk improvements. The Estimated Cost of said improvements for Lot Sidewalk improvements has been estimated by Northwest Concrete Services, 830 Painted Canyon Drive, Bozeman, MT Partridge Downs Major Subdivision—Sidewalk Improvements Agreement 2 59718, at Thirty One Thousand Eight Hundred Fifteen Dollars and No Cents($31,815.00). 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 irrevocable standby Letter of Credit No. 7400003990 for an amount not to exceed$47,722.50 at Bank of Bozeman, 875 Harmon Stream Blvd., Bozeman, Montana 59718, 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 Partridge Downs Major Subdivision, Phase 1: 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 Partridge Downs Major Subdivision,Phase 1. 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 Partridge Downs Major Subdivision—Sidewalk Improvements Agreement 3 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 Vision Development,P.O.Box 1858,Bozeman,MT 59771-1858,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 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 Partridge Downs Major Subdivision—Sidewalk Improvements Agreement 4 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. 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 Partridge Downs Major Subdivision—Sidewalk Improvements Agreement 5 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. Partridge Downs Major Subdivision—Sidewalk Improvements Agreement 6 SUBDIVIDER BY: DENNIS BALIAN, PRESIDENT VISION DEVELOPMENT STATE OF MONTANA ) :ss County of Gallatin ) On this I(o day of t , 2015, before me a Notary Public of the State of Montana, personally appeared Dennis Balian, 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 ; f �;Fbb OORINNE WRIGHT Notary (Printed Name re) o°•NOTnRiA���n for the StAt®of of Montana Residing at: Notary Public for the State of Montana Bozeman, Montanat My Commission Expires: RBSidlrig at °- oN t N of1 ilk rno June 15, 201 s My Commission Expires: (Use 4 digits for expiration year) Partridge Downs Major Subdivision—Sidewalk Improvements Agreement 7 THE CITY OF BOZEMAN BY: WENDY THOMAS, COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On the day of o , 2015, before me, a Notary Public for the State of Montana, personally appeared Andy 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) �Q S ;� 'M KATHERINE M/-,J�NE-s (P ted Name Here) Notary Flubitc; o Public for the State of Montana for the Stato o tviont;,na *: -- Roei�;�r=��� <ir„ Residing at n'.SEAL. Belgrade, tv'-�ntu.r,..,. =;qT�o�Mo ,: My Commission Expi My Commission Explr ,,,I,"I July 22,201 G _ (Use 4 digits for expiration yea Partridge Downs Major Subdivision—Sidewalk Improvements Agreement 8 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS --------------------------------------------------------------------------------------------------------------------- Date: Project: Partridge Downs Major Subdivision,Phase I Developer: Dennis Balian,Vision Development --------------------------------------------------------------------------------------------------------------------- Improvement Sq. Ft./Ln. Ft Estimated Lot Sidewalk Improvements 8,484 sq/ft @$3.75 per sq/ft $ 31,815.00 $ 31,815.00 Sub Total $ 31,815.00 150% $ 47,722.50 Approved by City Engineer's Office w Date Partridge Downs Major Subdivision—Sidewalk Improvements Agreement 9 Partridge Downs Subdivision Sidewalk QTO for Improvements Agreement April 14, 12015 Sidewalk Unit Price: $ 3.75 /sf Sidewalk Width: 5 ft Block 1 Lot Length (ft) Area (sf) Cost Notes 1 73.21 366.05 $ 1,372.69 2 53.01 265.05 $ 993.94 3 53.01 265.05 $ 993.94 4 53.01 265.05 $ 993.94 5 53.01 265.05 $ 993.94 6 53.01 265.05 $ 993.94 7 53.01 265.05 $ 993.94 8 53.01 265.05 $ 993.94 9 63.30 316.50 $ 1,186.88 10 59.93 299.65 $ 1,123.69 11 63.13 315.65 $ 1,183.69 12 61.79 308.95 $ 1,158.56 13 58.50 292.50 $ 1,096.88 14 159.64 798.20 $ 2,993.25 Corner Lot Block 2 Lot Length (ft) Area (sf) Cost Notes 1A 77.2/1 386.20 $ 1,448.25 PI'iase 2 2 58.01 290.05 1,087.69 Phase 2 3 58.01 290.05 1,08'7.69 Please 2 4 58.01 290.05 $ 1,087.69 5 58.01 290.05 $ 1,087.69 6 58.01 290.05 $ 1,087.69 7 58.01 290.05 $ 1,087.69 8 161.03 805.15 $ 3,019.31 Corner Lot 9 161.04 805.20 $ 3,019.50 Corner Lot 10 58.03 290.15 $ 1,088.06 11 58.03 290.15 $ 1,088.06 12 58.03 290.15 $ 1,088.06 13 58.03 290.15 $ 1,088.06 14 58.03 290.15 $ 1,088.06 Phase 2 15 58.03 290.15 1,08C.06 Phase 2 16 77.04 385.20 1,444.50 1'hase 2 PH 1 TOTAL 1696.80 8484.00 $ 31,815.00 Northwest Concrete Services PROPOSAL 830 Painted Canyon Drive Bozeman,MT 59718 Date Estimate# 4/20/2015 1340 Submitted to: Work to be Performed at: Vision Development Partridge Downs P.O.Box 1858 Bozeman Bozeman,MT 59771-1858 Description Total Public sidewalk labor and materials, 1696.8 LF equates to 8484SF 31,815.00 E-mail nwconcretemt@bresnan.net