HomeMy WebLinkAbout15- Legends at Bridger Creek II, Phase III Major Subdivision Open Space Improvements J-571
Send Original to:
City of Bozeman
Department of Community Development
P.O.Box 1230 PLATTED
Bozeman,MT 59771
2527408
Page: 1 of 9 10/13/2015 01:09:08 PM Fee: $63.00
Charlotte Mills - Gallatin County, MT IMP
111111I 111111 III 11111111111111111 IN 1111111111111111111111111111111111111111111111111111
IMPROVEMENTS AGREEMENT FOR
LEGENDS AT BRIDGER CREEK II, PHASE III- MAJOR SUBDIVISION
(OPEN SPACE IMPROVEMENTS)
This AGREEMENT is made and entered into this day of
c . � , 2015, by and between LEGENDS AT BRIDGER CREEK I1, PHASE
III, hereinafter called the "Subdivider", and the CITY OF BOZEMAN, a municipal corporation
r
and political subdivision of the State of Montana, with offices at City Hall, 121 North Rouse
i
Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called the "City".
G
WHEREAS, it is the intent and purpose of the Subdivider to meet the conditions of
preliminary plat approval, Planning Application No. P-14022, for the Final Plat application of
Legends at Bridger Creek II, Phase III, Major Subdivision, P14022 , to subdivide 25.05±
acres together and create fifty-one (51) single-household residential lots, and the remaining area
as open space, public streets and alleyways; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Legends at Bridger Creek II,Phase III, 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
Legends at Bridger Creels II,Phase III Major Subdivision,—Open Space Improvements Agreement I
Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the
Final Plat approval of Legends at Bridger Creek II, Phase Ill.
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 LEGENDS AT BRIDGER CREEK II, PHASE
(OPEN SPACE LANDSCAPING IMPROVEMENTS)
A tract of land being Lot 69, Lot 70, and Lot R of The Legends at Bridger Creek II
Subdivision Phase II, Plat J-516, situated in Section 32, Township 1 South, Range 6 East,
Principal Meridian, City of Bozeman, Gallatin County, Montana.
I
2. Improvements
This Agreement specifically includes the following improvements for Phase III: a) Park and Open Space
Landscaping/Irrigation. The Estimated Cost of said improvements has been estimated by Morrison-
_
Maierle,Inc, 2880 Technology Blvd West,Bozeman, MT 59718, at fifty thousand,four hundred
seventy eight and fifty cents($50,478.50) and 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. 1245 for an amount not to exceed $75,717.75 issued by
Legends at Bridger Creek II,Phase III Major Subdivision,—Open Space Improvements Agreement 2
First Interstate Bank— 101 E. Front Missoula MT 59806 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 Legends at Bridger Creek II, Phase III. open space 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 Legends at Bridger Creek II, Phase
III.
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
Legends at Bridger Creek II,Phase III Major Subdivision,—Open Space Improvements Agreement 3
specifying the default is deposited in the United States mail addressed to the Subdivider at
Guinness Partners, Inc. 101 East Front — Suite 304, Missoula, Mt 59802, 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. Attorney Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney
to enforce any of the terns 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.
Legends at Bridger Creek II,Phase III Major Subdivision,—Open Space Improvements Agreement 4
8. Warran
The Subdivider shall warrant against defects of all improvements and that these
improvements are made in a good and worlman-like manner for a period of two (2) years from
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.
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.
Legends at Bridger Creek II,Phase III Major Subdivision,—Open Space Improvements Agreement 5
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.
Legends at Bridger Creek H,Phase III Major Subdivision,—Open Space Improvements Agreement 6
SUBDIVIDERS
BY: James P. McLeod, President,
Guinness Partners, Inc.
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of C- , 2015, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Jim Mcleod, known to me to be a
President of Guinness Partners, Inc. 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.
,o uuwwwi, � i
TAMARA L.FISTER
i�' NOTARY PUBLIC for the
* NOTARIAL* State of Montana
SEAL j Residing at Missoula,Montana My Commission Expires (Printed Name Mere) A Z. #
s•., �
f filge Joiy 01,20» Notary Public for the State of Montana
Residing at [
My Commission Expires: , 7
(Use 4 digits for expiration year
Legends at Bridger Creek II,Phase III Major Subdivision,—Open Space 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 C�h day of � , 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)
E �GN wEN ALICIA KENNEDY NOTARY PUBLIC for the
(Printed Name Here Q �a ` �-+ '
STATE OF MONTANA Notary Public for th e of Montana
SEAL
N,. ,'Q° Residing at Bozeman,Montana
' of Mo 5 My Commieslon Expires Residing at
Au®ust oa,201g My Commission Expires: '18 y - 0-,0 1 CA
(Use 4 digits for expiration year)
Legends at Bridger Creek II,Phase III Major Subdivision,—Open Space Improvements Agreement 8
LEGENDS AT BRIDGER CREEK SUBDIVISION II - Phase III
, Improvements Agreement Estimate - EXHIBIT "A"
OWNER'S NAME AND ADDRESS:
Guinness Partners, Inc.
430 N. Ryman,2nd Floor
Missoula, Mt 59802
N/3959/010/Design Docs/Platting/Legends II - PHIII- Final Plat/Phase III- IA Estimate100715.xls
Improvements Agreement Estimate
CONTRACT AMOUNT
ITEM ESTIMATED
NO. DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
101 Concrete Sidewalk Located in front of Open Space) 0 SF $4.75 $0.00
102 Restroom Facility 0 LS $37,714.00 $0.00
103 Restroom Faciltiy Install 0 LS $1,350.00 $0.00
104 Concrete Pedistrian Rams 0 EA $1,200.00 $0.00
105 Mid-Block Concrete Pedistrian Rams 0 EA $1,100.00 $0.00
106 Park and Open Space Landscaping/Irrigation 1 1 LS 1 $50,478.501 $50,478.50
Sub-Total of IA Estimate $50,478.50
TOTAL AMOUNT OF IA ESTIMATE_ $50,478.50
LOC- 150% TOTAL COST= $75,717.75
Total Amount of LOC= $75,717.75
'?_
it
Page 1 of 1
t