HomeMy WebLinkAbout15- Alder Creek Subdivision, Phase 5 (Private Sidewalk Improvements) Send Original to:
City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,MT 59771
2529948
PLA I(.(} Page: 1 of 9 f1/89t2Q16 11:28:58 AM Fee: $63.0q
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IMPROVEMENTS AGRI,I INT l
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FOR 3
ALDER CREEK SUBDIVISION, PHASE 5
(PRIVATE SIDEWALK IMPROVEMENTS)
This AGREEMENT is made and entered into this day of
Na v ,� 2015, by and between JOE MAHAR, 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".
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WHEREAS, it is the intent and propose of the Subdivider to meet the conditions of
preliminary plat approval, Planning Application No. �' e c} , for the Final Plat application; of
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Alder Creek Subdivision, Please 5 (# to subdivide 3.4148 acres together and create
twenty (20) single-household residential lots and the remaining area as streets, parkland, and
common open space; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval J
for Alder Creek Subdivision, Phase 5, and �
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Alder Creek Subdivision—Phase 5—Private Lot Sidewalk Improvements Agreement I
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WHEREAS, the Final Plat for the Alder Creek Subdivision, Phase 5, 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
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performance of improvements related to the corresponding Alder Creek Subdivision, Phase 5
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 ofAlder Creek Subdivision,Phase 5.
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
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identified as being:
LEGAL DESCRIPTION—ALDER CREEK SUBDIVISION,PHASE 5
(SIDEWALK IMPROVEMENTS ON LOT FRONTAGE)
Alder Creek Subdivision,Phase 5,Plat J-479,City of Bozeman,according to the plat thereof, on k
file and of record in the office of the Clerk and Recorder, Gallatin County,Montana,and located
in the Northeast Quarter of the Southwest Quarter of Section 24, Township-2 South, Range 5
East of P. M. M., City of Bozeman, Gallatin County,Montana.
Area= 148 754 square feet 3.4148 acres or 13 819.3 square meters. Subject to existing
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easements. !
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2. I><nurOVCments
Alder Creek Subdivision--Phase 5—Private Lot SideNvalli Im proveirients Agreement 2
This Agreement specifically includes the following improvements for Alder Creek Subdivision,
Phase 5: private lot sidewalk improvements. The Estimated Cost of said improvements for Lot
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Sidewalk improvements has been estimated by C&H Engineering and Surveying, Inc., 1091
Stoneridge Drive, Bozeman, NIT 59718, at Twenty Two Thousand Two Hundred Dollars and
No Cents ($22,200.00). The estimate is attached and made a part of this Agreement, as Exhibit
«A,>
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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 $33,300 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 three (3)years of the filing of this agreement
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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 Alder Creek Subdivision, Phase 5.
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Upon submission of fully documented invoices for the work perl'ormed, said work to be
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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.
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4. Inspection
Alder Creek Subdivision—Phase 5—Private Lot Sidewalk Improvements Agreement 3
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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 Attn:
Joe Mahar, 1627 W. Main St., #370, 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 from the financial guarantee
upon completion of all improvements, such fiends shall be promptly returned to
the Subdivider.
B) The City may enforce any other remedy provided by law.
6. Indemnification
'1'hc Subdivider hereby expressly agrees to indemnify and hold the City harmless for and p
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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
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Alder Creek Subdivision—Phase 5—Private Lot Sidewalk Improvements Agreement 4
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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.
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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,
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 patties hereto,
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11. Invalid Provision
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The invalidity or unenforceabiiity 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.
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12. No Assignment
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Alder Creels Subdivision—Phase 5—Private Lot Sidewalk Improvements Agreement 5 f
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
Cleriz and Recorder at the within 10 business days of the signature of the Community
Development Director.
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Alder Creek Subdivision--Phase 5—Private Lot Sidewalk Improvements Agreement 6
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SUBDIVIDER
BY: JOE MAHAR
STATE OF )
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County of-Z� CV--\ }
On this__3_day of .;I- , 2015, before me a Notary Public of the State of
personally appeared Joe Mahar, known to me to be the person that executed the
foregoinj 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)
(Pri �Namee)
OFFICIAL STEW Notary Public for the State Qf, 'I✓�„
WEY LEANNE MUNELLE Residing at
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NOTARY.PUBLIC•OREGON My Commission Expires:COMMIS810N NO.937291
COMMISSION EXPIRES MARCH 16,2119 (Use 4 digits for expiration year)
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Alder Creels,Subdivision—Phase 5—Private Lot Sidewalk Improvements Agreement 7
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THE CITY OF BOZEMAN,
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BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
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County of Gallatin )
On the day of :'�s rf '"" ,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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(SEAL)
(Printed Name Heir Cj,
c;a.*�;'"F' ALICIAKENNEDY
'00.. t�< NOTARY PUBLIC for the Notary Public or the State of Montana
i t AL.; STATE OF MONTANA '>Dona 1
Residing at �,, �°"` t � �`�"'��� n
Rasldiatg et 4ozenion,Montana
My commlasion Fxplres My Commission Expires; 1-4
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Alder Creek Subdivision—Phase 5—Private 1,ot Sidewalk improvements Agreement S 4
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EXHIBIT"A"
ESTIMATED COST FOR IMPROVEMENTS
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Date•
Project: Alder Creek Subdivision,Please 5 -Major Subdivision
Developer: Joe Mahar
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Improvement Sq. Ft./Ln. Ft Estimated
Lot Sidewalk Improvements (S. 15th) 5,550 sq/ft @$4.00 per sq/ft $ 22,20000
Sub Total $ 22,200.00
150% $ 33,300.00 j
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Approved by City Engineer's Officer i Date -
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AIder Creep Subdivision—Phase 5—Private Lot Sidewalk Improvements Agreemcnt 9
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