HomeMy WebLinkAbout15- Westbrook Division, Phase 1 (Well, Septic, Park, and Open Space Landscaping) J-574
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City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,lvrr 59771
2530934
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Charlotte Mills - Gallatin County, Mt IMP
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IMPROVEMENTS AGREEMENT
FOR
WESTBROOK SUBDIVISION, PHASE 1
(WELL,SEPTIC,PARK,AND OPEN SPACE LANDSCAPING AND IMPROVEMENTS)
This AGREEMENT is made and entered into this rid day of
C �'T , 2015, by and between FOUR CORNERS CONSTRUCTION, 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-i 3 c,.1.17 , for the Final Plat application
of Westbrook Subdivision, Phase 1 (# i J , to subdivide 33.5684 acres together and
create twenty two (22) single-household residential lots, one (1) restricted development lot, and
the remaining area as streets, parkland,and common open space; and
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WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Westbrook Subdivision, Phose 1; and
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Westbrook Subdivision—Phase I --Infrastructure Improvements Agreement I
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WHEREAS, the Final Plat for the Westbrook Subdivision,Phase 1, 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 Westbrook Subdivision, Phase 1 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 Westbrook Subdivision,Phase 1.
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—WESTBROOK SUBDIVISION,PHASE 1
(WELL,SEPTIC, PARK,AND OPEN SPACE LANDSCAPING AND IMPROVEMENTS)
LOT 2A, Minor Subdivision No. 201 A, City of Bozeman,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 Southeast Quarter of Section 4,Township 2 South, Range 5 East of P. M. M., City of
Bozeman, Gallatin County,Montana. i
Area= 1,462,236 square feet, 33.5684 acres or 135,846.2 square meters. Subject to existing
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Westbrook Subdivision—Phase 1—Infrastructure Improvements Agreement 2
2. Improvements
This Agreement specifically includes the following improvements for Westbrook Subdivision,
Phase 1: Abandon existing well and septic system, park and open space landscaping and
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improvements. The Estimated Cost of said improvements for improvements has been estimated
by C&H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozentan, MT 59718, at
Twenty Four Thousand and Two Hundred Dollars ($24,200). 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
certified check for $36,300 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 Westbrook Subdivision, Phase 1: 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 Westbrook Subdivision,Phase 1. ti
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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
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Westbrook Subdivision—Phase 1—Infrastructure Improvements Agreement 3
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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 Four
Corners Construction, LLC, 125 Central Avenue Unit 1A, Bozeman, MT 59718, or such other
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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
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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
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Westbrook Subdivision—Phase 1 —Infrastructure Improvements Agreement 4
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
the date of their written acceptance by the governing body.
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,
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Gallatin County, State of Montana.
10. Modification or Alterations
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No modifications or amendment of this Agreement shall be valid, unless evidenced by a
writing signed by the parties hereto.
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Westbrook Subdivision—Phase I —Infrastructure Improvements Agreement 5
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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
pant,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
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The Subdivider shall have this Agreement recorded in the Office of the Gallatin County
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Clerk and Recorder at the within 10 business days of the signature of the Community
Development Director.
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Westbrook Subdivision—Phase 1—Infrastructure Improvements Agreemejat 6 j
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SUBDIVIDERS
BY: FOUR C RS CONSTRUCTION, LLC-
JOHN ROSA, EMBER
STATE OF � It )
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County of
On this _?0 day of C/ �015,before me a Notary Public of the State of
, personally appeared John RosAknown 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. /
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SA JAi-MARSSoN
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Westbrook Subdivision--Phase I—Infrastructure Improvements Agreement 7
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THE CITY OF BOZEMAN
BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
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County of Gallatin )
On the (A day of U� ,l' , 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.
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Westbrook Subdivision—Phase I—Infrastructure Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
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Date:
Project: Westbrook Subdivision, Phase 1 - Major Subdivision
Developer: Four Corners Construction, I LC—John Rosa
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Improvement Sq.Ft./Ln._Ft Estimated
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Abandon Well $ 1,200
Abandon Septic $ 1,000
Landscape Park and Open Space $ 22,000
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Sub Total $ 24,200
150% $ 36,300
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Approved by City Engineer's Office Date .S
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Westbrook Subdivision—Phase 1—Infrastructure Improvements Agreement 9
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