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HomeMy WebLinkAbout15- Westbrook Subdivision, Phase 1 (Private Sidewalk Improvements) J,574 ' Send Original to. City of Bozeman Department of Community Development P.O.Box 1230 Bozeman,W 59771 2530935 p�A��E page: 1 o€ 9 1111912©15 02:48:32 PM Fee: $63 00 I IfIIIll�N4lll 11 Mills llllll Gallatin CoU llllll111 111111i MT IIIII I11 IN IMP IMPROVEMENTS AGREEMENT FOR WESTBROOK SUBDIVISION,PHASE 1 (PRIVATE SIDEWALK IMPROVEMENTS) This AGREEMENT is made and entered into this day of < , 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't'3c>Lr'7 . for the Final Plat application of Westbrookr xS'ubdivision, Please 1 ( Is y z ), 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 connnon open space; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval 1 w, for Westbrook Subdivision,Please 1; and a I� pk Westbrook Subdivision—Phase 1 —Sidewalk Improvements Agreement ] WHEREAS, the Final Plat for the Westbrook Subdivision,Please 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,Please 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, PIIASE 1 (SIDEWALK IMPROVEMENTS ON LOT FRONTAGE) 1 LOT 2A, Minor Subdivision No.201A, 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. Area= 1,462,236 square feet, 33.5684 acres or 135,846.2 square meters. Subject to existing q J g easements. 2. 1111provements II� t Westbrook Subdivision--Phase 1—Sidewalk Improvements Agreement 2 r; is ` 1 This Agreement specifically includes the following improvements for Westbrook Subdivision, Phase 1: lot sidewalk improvements. The Estimated Cost of said improvements for Lot Sidewalk improvements has been estimated by C&H Engineering and Surveying, Inc., 1091 Sioneridge Drive, Bozeman, MT 59718, at Tiventy Three Thousand Eight Hundred and Sixty Eight Dollars and No Cents ($23,868.00). 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 cash for $35,802.00 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 three (3) years of the filing of the final subdivision plat for Westbrook Subdivision, Phase 1: lot sidewalk 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 N complete said subdivision improvements required for the Westbrook Subdivision,Phase L 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 b the referenced invoices. p Y 9 I Westbrook Subdivision--Phase 1 --Sidewalk Improvements Agreement 3 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 i 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, Attn: John Rosa, 125 Central Avenue, Unit 1A, 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 Developer shall permit and secure any additional permission required to enable them to do so. In the event that any funds remain fiom the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. 1 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 d Westbrook Subdivision—Phase 1 --Sidewalk Improvements Agreement 4 ti rt 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, j Gallatin County, State of Montana. I •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 Westbrook Subdivision—Phase 1 • Sidewalk Improvements Agreement 5 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, i 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. k i 4 Westbrook Subdivision—Phase I —Sidewalk Lnprovements Agreement G i SUBDIVIDERS BY: FOUR bRNERS CONSTRUCTION, LLC- JOHN ROS ,MEMBER STATE OF ,j `1s ) :ss County of ) O i this S O day of --� � 2015,before me a Notary Public of the State of personally appeared John Rosa;)-known to me to be the person that executed the oregoing 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) ^ USAN HJALMARSSON (Printed Name Here'--SW �ocary��b��� Nofiary Publicf e State of antanaz for,the State of M Residin a 1 gesiding at: g= eo Montana My C mission Expires: ;= zema ssion Expires:: i,�y comet U 4 di its for expiration earJuly 1 s,2019 ( gy ) ti r �a ilk 1 i Westbrook Subdivision—Phase t —Sidewalk Improvements Agreement 7 P THE CITY OF BOZEMAN BY: WENDY THOMAS, COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :SS County of Gallatin ) I On the 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) `Y KATHERINE MASNES {Pri ted Name Here) ��'PtN�Mq�y;, Notary Puk��ic NoTa y`�abhe—for the State of Montana ;�osnRra<FN.for the State of Montana Residing at Residing at. 5E.�L. Q,` Beigrade, Montana My Commission Expires: 'r'9 My Co i 1pirQ$' Duly 22,2p6 Use 4 digits for expiration year)M 0 I i V li I i; I� Westbrook Subdivision—Phase 1—Sidewalk Improvements Agreement g I EXHIBIT"A" ESTIMATED COST FOR IMPROVEMENTS --------------------------------------------------------------------------------------------------------------------- Date: Project: Westbrook Subdivision, Please 1 - Major Subdivision Developer: Four Corners Construction, LLC—John Rosa --------------------------------------------------------------------------------------------------------------------- I_provement S . Ft./Ln. Ft Estimated Lot Sidewalk Improvements (Shadow Glen) 7,956 sq/ft L $3.00 per sq/ft $ 23,868.00 Sub Total $ 23,868.00 150% $ 35,802.00 I' Approved by City Engineer's Office r Dated ` u R l 3 Westbrook Subdivision—Phase I—Sidewalk Improvements Agreement 9