HomeMy WebLinkAbout15- Southbridge Major Subdivision, Phase IV Park Area Seeding Improvements Agreement J-567
Send Original to: PLATTED
City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,MT 59771
2519263
Page: 1 of 12 07/29/2015 04:58:01 PM Fee: $12.00
Charlotte Mills — Gallatin county, MT
IIIIII IN 111111111111111111111111111 /1111111 1111 I MP
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IMPROVEMENTS AGREEMENT
FOR
SOUTHBRIDGE MAJOR SUBDIVISION,PHASE IV
(PARK AREA SEEDING IMPROVEMENTS)
This AGREEMENT is made and entered into this 2 °� day of
J VPIL-? 2015, by and between SOUTHBRIDGE DEVELOPMENT 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
preliminary plat approval, Planning Application No. P-11001 and P-14010, for the Final Plat
application of Southbridge Major Subdivision (formally Meadow Creek), Phase H (#P-14012
and P14010) , to subdivide 27.958± acres together and create thirty six (36) single-household
residential lots, one (1) public park, one (a) Open Space parcel, and the remaining area as public
streets and alleyways; and
WHEREAS, the subdivision title for Meadow Creek Subdivision, Phase H has been
amended to be Southbridge Subdivision; and
Southbridge Major Subdivision,Phase IV—Park Area Seeding Improvements Agreement 1
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Southbridge Subdivision,Phase IV; and
WHEREAS,the Final Plat for the Southbridge Subdivision, Phase IV, was filed prior to
the installation of all required subdivision improvements for Phase IV 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 Southbridge Subdivision,Phase IV.
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—SOUTHBRIDGE PHASE IV
(PARK AREA SEEDING IMPROVEMENTS)
SOUTHBRIDGE PHASE 4 LEGAL
Lot 2 and a portion of Lot 1 of the Amended Plat of Southbridge Subdivision Phase 2, on record
with the Gallatin County Clerk and Recorder located in the Southeast One-Quarter of Section 23,
Township 2 South, Range 5 East, Principal Meridian Montana(P.M.M), Gallatin County,
Montana.
being more particularly described as follows:
Beginning at an Alpine aluminum cap at the southwest corner of Southbridge Subdivision Phase
3;
thence South 88' 54' 37" East a distance of 843.28 feet to an Alpine aluminum cap;
thence east a distance of 100.48 feet along a tangential curve concave north having
Southbridge Major Subdivision,Phase IV—Park Area Seeding Improvements Agreement 2
a radius of 180.00 feet, a central angle of 31° 58' 59", a chord bearing of North 75' 05' 54" East
and a chord length of 99.18 feet to an Alpine aluminum cap;
thence North 59' 06' 25" East a distance of 75.73 feet to an Alpine aluminum cap;
thence South 30' 54' 42" East a distance of 63.90 feet to an Alpine aluminum cap;
thence North 59' 05' 18" East a distance of 60.00 feet to a calculated position;
thence southeast a distance of 24.92 feet along a non-tangential curve concave southwest
having a radius of 220.00 feet, a central angle of 06' 29' 23", a chord bearing
of South 27' 40' 00" East and a chord length of 24.91 feet to an Alpine aluminum cap;
thence South 89' 56' 5 3" East a distance of 158.43 feet to a calculated position;
thence South 00' 03' 07" West a distance of 978.57 feet to a calculated position;
thence North 88' 58' 25" West a distance of 1274.08 feet to an Allied Yellow Plastic Cap;
thence North 00' 59' 3 1" East a distance of 953.75 feet the Point of Beginning
containing 27.958 acres, more or less.
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 IV: Park Area
Seeding improvements. The Estimated Cost of said improvements for Park Area Seeding
improvements has been estimated by Madison Engineering, 895 Technology Blvd, Suite 203,
Bozeman, MT 59718, at Eight Thousand, Eight Hundred and Eight Six Dollars and Twenty
Four cents ($8,886.24). 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 stVdby Letter of �1Credit No. Ir�J�1/Z for an amount not to exceed
/ . J"Uh i f,,,4 ,luau
$13,329.36 (B ss) acceptable to the City of Bozeman, which is one hundred
GA4-
and fifty (150)percent of the Estimated Cost of said improvements.
Southbridge Major Subdivision,Phase IV—Park Area Seeding Improvements Agreement 3
The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed no later than one (1) year of the filing of the final
subdivision plat for Southbridge Major Subdivision, Phase IV: Park Area Seeding
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 Southbridge Major Subdivision,
Phase IV.
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.
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
Southbridge Development LLC, 20 North Tracy, Bozeman, MT 59715, or such other address as
Southbridge Major Subdivision,Phase IV—Park Area Seeding Improvements Agreement 4
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. 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
Southbridge Major Subdivision,Phase IV—Park Area Seeding Improvements Agreement 5
the date of their written acceptance by the governing body. All landscaped areas required by this
Agreement shall be permanently maintained by the Subdivider pursuant to section 38.26.100 of
the Bozeman Zoning Code or the Southbridge Subdivision Home Owners Association if, and
only if, pursuant to Section 4.3 of the Southbridge Covenants (pg. 9), until 75 percent of the lots
in Southbridge have been sold or five years have passed since the recording of these Covenants,
whichever is longer. Southbridge Covenants were recorded with the Gallatin County Clerk &
Recorder on August 27, 2012, record No. 2427605.
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
It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in
part, without prior written consent to City.
Southbridge Major Subdivision,Phase IV—Park Area Seeding Improvements Agreement 6
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.
Southbridge Major Subdivision,Phase IV—Park Area Seeding Improvements Agreement 7
SUBDIVIDER
�1
BY: ANDREW D. HOLLORAN, MEMBER
SOUTHBRIDGE DEVLOPEMENT LLC
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of J L wlc , 2015, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Andrew D. Holloran, known to me
to be a Member of Southbridge Development, LLC the entity that executed the within
instrument, 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)
J4 P._(S r7 u.A Cr lc-;
=Eb
hris Budeski (Punted Name Here)
Notary PublicNoState of Montana Notary Public for the State of Montana
Sesiding at: Residing at a"j��ttt rt T`man, Montanaommission Ex fires: My Commission Expires: All/, , ^"mber 26,2015 (Use 4 digits for expiration year)
Southbridge Major Subdivision,Phase IV—Park Area Seeding Improvements Agreement 8
THE CITY OF BOZEMAN
BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On the 6 day of Ju.W, 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.
(SEAL)
KATHERINE MAINES
Notary Public (PAnted Name Here)
for the State of Montana
Residing at: Public fo�the tate of�Montana
= n •SEA�,,.�g Belgrade, Montana
My Commission Expires: Residing at
,, OF M,�, July 22,2016
My Commission Expo
(Use 4 digits for expiration yed-o—,
Southbridge Major Subdivision,Phase IV—Park Area Seeding Improvements Agreement 9
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
---------------------------------------------------------------------------------------------------------------------
Date•
Project: Southbridge Major Subdivision, Phase IV
Developer: Andrew D. Holloran, Southbridge Development LLC
---------------------------------------------------------------------------------------------------------------------
Improvement Sq. Ft./Ln. Ft Estimated
Park Area Seeding Improvements 59,242 sq/ft @ $0.15 per sq/ft $ 8,886.24
$ 8.886.24
Sub Total $ 8,886.24
150% $ 13,329.36
Approved by City Engineer's Officer Date `7 ?
1
Southbridge Major Subdivision,Phase IV—Park Area Seeding Improvements Agreement 10
Southbridge PH IV
Cost Estimate & Bonding Summary
Park and Boulevard Seeding
Item Area (sf) Unit Price Total Responsible
Park and Boulevard Seeding
a.Shady Lane Park&S 19th Boulevard 59,242 $0.15 $8,886.24 Developer
Southbridge Phase IV Seeding Improvements Cost $8,886.24
150%Bonded Amount $13,329.36
Cost estimate provied by Troy Scherer of Design 5 Landscape
First Interstate Bank
2800 West Main St.
P.O.Box 1890
First Bozeman, MT 59771-1890
ww.fi
19IMerstate w 6-4555
ww.firsti nterstate ban k.com
Bank IRREVOCABLE LETTER OF CREDIT 2015531127
June 22,2016
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
RE: Southbridge Development LLC
Letter of Credit No. 2015531127
To Whom It May Concern:
We hereby open our irrevocable standby Letter of Credit in your favor for the account of Southbridge
Development LLC for a sum not to exceed the aggregate amount of$13,329.36 (Thirteen Thousand
Three Hundred Twenty Nine dollars and 36/100) in US Dollars available by your one or more clean drafts
drawn at sight on us. Each draft so drawn must be marked "drawn under First Interstate Bank,
Irrevocable Standby Letter of Credit No.2015531126"and be accompanied by a signed statement from
City of Bozeman that Southbridge Development LLC has failed to honor its contractual agreement.
This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary Credits," 1993
Revision,the International Chamber of Commerce Publication No. 500 and any subsequent revisions
thereof approved by a council of the International Chamber of Commerce (Publication No. 500),to the
extent not inconsistent with Montana Law. If agreed that such proceedings shall be subject to the
Montana courts of law.
We hereby agree that all drafts so drawn under and in compliance with the terms of this Letter of Credit
will be duly honored if drawn and presented for payment to our office, First Interstate Bank, 2800 W
Main St., Bozeman, MT 59718.
This Letter of Credit will terminate on July 15, 2016 at S:OOP.M.
Sincerely,
Emmett Hasler
Assistant Vice President