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HomeMy WebLinkAbout15- Traditions Subdivision Phase 2 Water, Sewer, Stormwater, Street, Landscape and Open Space Improvements Agreement J-566 Send Original to: City of Bozeman Department of Community Development P.O.Box 1230 Bozeman,MT 59771 PLATTED 2519197 Page: i of 9 07/29/2015 02:00:24 PM Fee: $9.00 Charlotte Mills - Gallatin County MT IMP I III �I IIIIII III II I III II IIIII IIII IIII IIIII III I IIIII I IIIII I IIIII(IIII I II IIII IMPROVEMENTS AGREEMENT FOR TRADITIONS SUBDIVISION, PHASE 2 (WATER, SEWER, STORMWATER, STREET, LANDSCAPE, AND OPEN SPACE IMPROVEMENTS) This AGREEMENT is made and entered into this _ day of . `'A , 2015, by and between ROSA CONSTRUCTION, INC., hereinafter i 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. P-14042, for the Final Plat application of Traditions Subdivision, Phase 2 (P15014) to subdivide 21.38 acres together and create twenty two (22) single-household residential lots, four (4) multi-family lots, two (2) restricted development lots, and the remaining area as streets, common open space, and parkland; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Finial Plat approval for Traditions Subdivision,Phase 2; and l Traditions Subdivision--Phase 2—Infrastructure Improvements Agreement 1 WHEREAS, the Final Plat for the Traditions Subdivision, Please 2, was filed prior to the installation of all required subdivision improvements and an improvements agreement with financial security was provided; and WHEREAS, a separate improvements agreement with financial security was provided for performance of improvements related to the corresponding Traditions Subdivision, 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 Traditions Subdivision,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—TRADITIONS SUBDIVISION,PHASE 2 (INFRASTRUCTURE IMPROVEMENTS) That part of Tract B, Certificate of.Survey No, 2389, according to the plat thereof, on file and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and located in the East Half of the_Southeast Quarter of Section 4, Township 2 South,Range-5 East, Principal.Meridian . Montana, lying north of the north line of THE TRADITIONS SUBDIVISION=PHASE 1, and further described as follows: Commencing at the East Quarter Corner of said Section 4; thence westerly 269°35'55" assumed azimuth from north, 66143 feet along the north line of the Southeast Quarter of said Section 4 to the Point of Beginning of the property to be described; thence southerly 181°03'01" azimuth Traditions Subdivision -Phase 2—Infrastructure Improvements Agreement 2 1409.85 feet along the east line of said Tract B to the north line of THE TRADITIONS SUBDIVISION-PHASE 1;thence westerly 270°04'30" azimuth 661.57 feet along said north line; thence northerly 001'01'12" azimuth 1404.33 feet along the west line of said Tract B; thence easterly 089°35'55" azimuth 662.43 feet along the north line of the Southeast Quarter of said Section 4 to the Point of Beginning. Area=931,281 square feet, 21.3793 acres or 86,563 square meters. Subject to existing easements. 2. Improvements This Agreement specifically includes the following improvements for Traditions Subdivision, Phase 2: infrastructure improvements per attached Appendix A. The Estimated Cost of said improvements for Infrastructure improvements has been estimated by C&H Engineering and Surveying,:Inc.,_ 1091 Stoneridge Drive, Bozeman, MT 59718, at Forty.Five.Thousand and One Hundred and Thirty.Dollars and No Cents ($45,130.00). The estimate is attached and madd 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 for.$67,695.00 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 one. (1) year of the filing of the final subdivision.plat.for Traditions Subdivision,Phase 2: infrastructure improvements in order to avoid default on the method of security. i Traditions Subdivision—Phase 2—Infrastructure Improvements Agreement 3 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 Traditions Subdivision,Phase 2. 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 this Agreement, and the Subdivider shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 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 Rosa Construction,Inc., John Rosa, 125 Central Avenue Unit IA, Bozeman, MT 59718, 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 Traditions Subdivision—Phase 2-Infrastructure Improvements Agreement 4 Developer shall permit and secure any additional permission required to enable them to do so. In the event that any Rinds 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 firther 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 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 Traditions Subdivision—Phase 2—Infrastructure Improvements Agreement 5 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 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 I Development Director. s Traditions,Subdivision'-Phase 2—Infrastructure Improvements Agreement. . ' •6 SUBDIVIDER BY: 90SAttONSTRUCTION, NC JOHN R A, REGISTERED AGENT STATE OF :ss County of ��� ►J0 ) On this day of Q , 2015, before me a Notary Public of the State of , personally appeared John Rosa, 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) (Printed Name Here) Notary Public for the State of Residing at '1 Q%K'A My Commission Expires: (Use 4 digits for expiration year) i DAVID E EVERETr ._ Notary Publlo I o,apTARrq�• ^for the $tate of Montana I R081ding at: ,SEA �Q Bozeman, Montana My Commission Expires: ' �FMo November 14,2016 4 Traditions Subdivision—Phase 2—Infrastructure Improvements Agreement 7 THE CITE' OF BOZEMAN BY: WENDY THOMAS, COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On the q day of UAL), , 2015, before me, a Notary Public for the State of Montana, personally appeared Wendy 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. 111 Ill, I! Lary M AINES Notary Public S =ram N0T11 1A `p for the State of Montana _ Raoiding at, (P inted Name Here) $C Belrare, Montana public for the State of Montana � OF Moat?, My Commission Expires; July 22,2016 Residing at My Commission Expire . (Use 4 digits for expiration year) I : Traditions Subdivision—Phase 2—Infrastructure Improvements Agreement 8 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS Date• Project: Traditions Subdivision,Phase 2 - Major Subdivision Developer: Rosa Construction,Inc. —John Rosa --------------------------------------------------------------------------------------------------------------------- Improvement Sq. Ft./Ln. Ft Estimated Twin Lakes $ 17,275.00 Sherwood Way $ 5,375.00 Rosa Way $ 3,300.00 Annie Street $ 7,180.00 South Park $ 12,000.00 Sub Total $ 45,130.00 150% $ 67,695.00 Total $ 67,695.00 Approved.by City Engineer's Office Date Traditions Subdivision—Phase 2—Infrastructure Improvements Agreement 9 i 1