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Home My WebLink About05- Vandermolen, Carl; Vandermolen Minor Sub - Improvements Agreement " .. , .. '~'" - . MINOR 362 IIINIIIIIII 111111111 ~?~4?~ ~ . Shelley Vance-Gallatin Co MT MISC 42.00 ...,~ --.','- -.,-"'.- ..---- IMPROVEMENTS AGREEMENT FOR VANDERMOLEN MINOR SUBDIVISION This AGREEMENT is made and entered into this ~ day of F;bruD.tI'v , 2005, by and . ( between CARL VANDERMOLEN, 56 Park Plaza Road, Bozeman, MT 59715, hereinafter called the "Subdivider", and the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana, with offices at 411 East Main Street, 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-04024, for the Pinal Plat application of the Vandermolen One-Lot Minor Subdivision, to subdivide 20.11:1:: acres and create one (1) residential lot with a remainder, Planning Application No. P-05003; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Pinal Plat approval for the Vandermolen One-Lot Minor Subdivision; and WHEREAS, it is the intent of the Subdivider to file the Final Plat for the Vandermolen One-Lot Minor Subdivision, prior to the installation of all required subdivision improvements; 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 the Vandermolen One-Lot Minor Subdivision. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. PrODertv DescriDtion This Agreement pertains to, and includes, those properties which are designated and identified as being: Vandermolen One-Lot Minor Subdivision, a tract of land being a portion of Tract 2 of Certificate of Survey No. 1256, located in the Northeast One-Quarter of Section 2, Township 2 South, Range 5 Vandermolen One-Lot Minor Subdivision - Improvements Agreement t .. n.._,... ..._.. ...-.-... ,.--.". w 1.IIIIIIIIII~nll~U111111 ~?&4?: .. ""', . Sh.ll.y Vano.-Gallatin Co MT MISC 42.1lI1lI -~,," ...-- ---- East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: Beginning at point which bears North 89045'18" East, a distance of 661.27 feet from the North One- Quarter Comer of said Section 2, said point being the Northwest Comer of said Tract 2 of Certificate of Survey No. 1256; thence North 89045'18" East, along the North line of said Tract 2 a distance of 662.40 feet to the Northeast Comer of said Tract 2; thence South 01037'32" West, along the East line of said Tract 2 a distance of 658.55 feet; thence South 89045'18" West, a distance of 661.21 feet to the West line of said Tract 2; thence North 0 I 031 '20" East, along the West line of said Tract 2 a distance of658.51 feet to the Point of Beginning. Said tract ofland being 9.24 acres, along with and subject to any existing easements of record or of fact. 2. Improvements This Agreement specifically includes the following improvements for the one-lot minor subdivision with a remainder: a) street improvements to Baxter Lane. The Estimated Cost of said improvements has been estimated by Allied Engineering Services, Inc., 32 Discovery Drive, Bozeman, MT 59718, at Sixty.Eight Thousand, Seven Hundred Fifty Dollars and Twenty-Five Cents, ($68,750.25) and is attached and made a part of this Agreement, as Exhibit "A". 3. Financial Guarantee. Time for Completion of Improvements 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 a financial guarantee in the form of a Letter of Credit, which is one hundred and fifty (150) percent of the Estimated Cost of said improvements. The financial guarantee shall be in full force and effective until the work is completed by the Subdivider and accepted by the City of Bozeman. Said financial guarantee shall be automatically renewed or extended within thirty (30) days of the expiration date if all required subdivision improvements are not installed at that time. The Subdivider hereby agrees that all subdivision improvements will be completed within three (3) years of the date of Preliminary Plat approval by the City Commission, or November 15, 2007, in order to avoid default on the method of security. 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. V 3ndermolen One-Lot Minor Subdivision - Improvements Agreement 2 . .. ~. 4. Inspection 1..II.lllm.I~~~ ~3~4i?: Shelley Vance-Gallatln Cc MT MISC 42.lala . --- 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 56 Park Plaza Road, 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 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 7. Attornev 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. Vandermolen One-Lot Minor Subdivision - Improvements Agreement 3 , ~ <, 8. Warrantv 1111111111111111111111111111111111111111111111111111111 ~~t3~(i?~A Snellev Vanoe-Gallatin Co "T "ISC 42.;; -.-..---------.--....-..-.".--- -.. 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 one (1) year from the date of their written acceptance by the governing body. 9. Governinl! 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 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 Assil!nment 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, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 14. Filinl! The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the same time the Final Subdivision Plat for the Vandermolen One-Lot Minor Subdivision, is filed. Vandermolen One-Lot Minor Subdivision - Improvements Agreement 4 . ,. 11111111~lml~111 ~:t?~(l~ " Shellev Vanoe-dal1llin Co "T "ISC 42.11I11I ..-.- SUBDIVIDER I2!U/IIL - BY: CARL VANDERMOLEN STATE OF MONT ANA ) :ss County of Gallatin ) On this ~ day of hl:,r&<.~ Y , 2005, before me a Notary Public of the State of Montana, personally appeared Carl VanderMolen, known to me to be the person that executed the foregoing Improvements Agreement, and acknowledged to me that he/she executed the same for and on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ~\\\\ III Ill/It IIII tel'{ o ~o Y1 ~,'\ ~~ S 'IIII/; f"'fii.~~\ ; if' T~R/-4i': \ (Printed Name Here) Notary Public for the State of Montana ~. EAL .*2 Residing at Q ~,.,.., Il:P. ~tP. ..~~ My Commission Expires: ~~. . ~ % '"7'J'~' . . . .~~ (Use 4 digits for expiration yea ~"I. OF MO ~\#' ~111I"'1Il"\\\\~ Vandermolen One-Lot Minor Subdivision - Improvements Agreement 5 " ., . 11111111111111111111111111111111111111111111111111111 ~~t~~t~?~A 8~.II.y Vanoe-eallal1" Co MT MI8C 42.00 ------.--.- . -~.' OF BOZEMAN STATEOFMONTANA ) :ss County of Gallatin ) On the L day of ~~ ,2005, before me, a Notary Public for the State of Montana, personally appeared Andy Epple, lmown to me to be the person described in and who executed the foregoing instrument as Planning Director for 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) fJJJ~ \\\\\tJHI1I1IJ~.I<'_ ' '. . " - ..,"\o\;.h.:;.~.C?JY.''!~~{- (Printed Name Here) . yO /. {, Sc.-h Ilff-' ~ ~,"'?r':'\-;jP;''''':,. Notary Publi the State of Montana $ J',: O'f AAI.:tl'~;'....\ ~ Residing at .:: . ~ .-.',<<...;;",,' - . . I ::: = -":-;;": - = My CommIssIon E Ires: I I '3 -; *" :" SEAL .-: * ff (Use 4 digits for expiration year) ~ in-' . _~ .... ~--A~",,'O .....~"'-~......:: ....... "..<//'J:;o....... ~("" ......../ .... 0,'= MO \\" j J i J ) ) i i~i \ ; \ \ \ \ Vandermolen One-Lot Minor Subdivision - Improvements Agreement 6 . " . 111111111111111111111111111111111111111111111111111111 ~~t~~t~?~R .. ..,. Shellev Vance-Gallatin Co "T "Ise 42.00 ..,....,.....- _._-_...~~-"-~-~ -._,.",,~,-,.~.~.__. -.- EXHmIT "A" ESTIMATED COST FOR IMPROVEMENTS ~_____________________________~__w___________._________________________________________________________________________________________ Date: 'J......... I - 6,b- Project: VanderMolen One-Lot MinmdivisiOn ~ Developer: Carl VanderMolen ~ ;;;fIj{" --------------------------------------------------------------------------------------------------------------------------------------- Imorovement Sa. Ft./Ln. Ft Estimated Cost Baxter Lane Street Improvements Per Allied Engineering Bid $ 68,750.25 Water and Sewer Main Stubs Per Allied Engineering Bid $ Total = $ 68.750.25 x 1.5 = $ 103,125.38 Approved by City Engineer's Office~! ~ f Date z// ~.> , , Vandermolen One-Lot Minor Subdivision - Improvements Agreement 7