HomeMy WebLinkAbout15- Traditions Subdivision Phase 2 Water, Sewer, Stormwater, Street, Landscape and Open Space Improvements Agreement J-566
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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
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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
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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
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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.
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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.
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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
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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
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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
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