HomeMy WebLinkAbout16- Flanders Mill Subdivision Phase 1 Sidewalk Improvements J7582
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City of Bozeman
Department of Community Development
P.O.Box 1230 PATTED P
Bozeman,Aff 59771
2539296
Page: 1 of 12 03/07/2016 02:24:13 PM Fee: $84.00
Charlotte Mills - Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
FLANDERS MILL SUBDIVISION,PHASE I
(SIDEWALK IMPROVEMENTS)
This AGREEMENT is made and entered into this 7 €' day of
, L 14 . 2016,by and between FLANDERS MILL, LLC, 235 Greenhills Ranch
road,Bozeman MT 59718, 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-14024, for the Final Plat application of
Flanders Mill Major Subdivision, Phase I(15-512) , to subdivide 131.127� acres together and
create (44) single-household residential lots, three (3) Open Space parcels, one (1) remaining
tract and the remaining area as public streets; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Flanders Mill Subdivision,Phase I,and
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Flanders Mill Major Subdivision,Phase I
Lot Sidewalks Improvements Agreement
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WHEREAS, the Final Plat for the Flanders Mill Subdivision,Phase I, was filed prior to
the installation of all required subdivision improvements for Phase I 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 Flanders Al'ill Subdivision, Please L
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—FLANDERS MILL SUBDIVISION, PHASE I
(SIDEWALK IMPROVEMENTS ON LOT FRONTAGE)
The property is legally described as a portion of Certificate of Survey 2834 located in East Y2 of
the West'/2 of Section 3,Township Two South(T2S), Range Five East(R5E),P.M.M.,Gallatin
County, Montana.
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 I: Lot Sidewalk
Improvements. The Estimated Cost of said improvements for Lot Sidewalk Improvements has
been estimated by C&H Engineering, 1091 Stoneridge Drive, Bozeman MT 59718, (it One
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Flanders Mill Major Subdivision,Phase I
Lot Sidewalks Improvements Agreement
Hundred Thirty-Six Thousand Nine Hundred Fifty-One Dollars and fifty cents ($136,951.50).
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 a
Letter of Credit from Bank of America for $102,713.b3 (LOC No. & t l Z``l 2 'i C
acceptable to the City of Bozeman, which is one-half of the required one hundred and fifty (150)
percent of the Estimated Cost of said improvements. The remaining one-half of the value of the
uncompleted sidewalk improvements will be secured by an escrow for each lot established at the
time of lot sale. The escrow form is attached and made part of this Agreement,as Exhibit`B."
The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed not later than three (3) years of the tiling of the final
subdivision plat for Flanders Mill Major Subdivision, Phase I: 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
complete said subdivision improvements required for the Flanders Mill Subdivision Phase I.
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
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Flanders Mill Major Subdivision,Phase I
Lot Sidewalks Improvements Agreement
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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
FLANDERS MILL, LLC, 235 Greenhills Ranch road, 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 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
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Flanders Mill Major Subdivision,Phase I
Lot Sidewalks Improvements Agreement
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,
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
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Flanders Mill Major Subdivision,Phase I
Lot Sidewalks Lnprovements Agreement
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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,
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
Cleric and Recorder at the within 10 business days of the signature of the Community
Development Director.
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Flanders Mill Major Subdivision,Phase I
Lot Sidewalks Improvements Agreement
SUBDIVIDER
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BY: WALTER WOLF, MEMB
FLANDERS MILL,LLC
STATE OF MONTANA )
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County of Gallatin }
On this ` day of-kbn A U 2016, before me, the undersigned, a
Notary Public for the State of Montana, personally peared Walter Wolf, known to me to be a
Member of Flanders Mill, 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)
dfvG;P KENti� ALfCIA KENNI=DY Printed Name er r
T �OtgR/q�Q.0 NOTARY PusLic for the Notary Public for tie State of Montana
SEAL ' STATE of MONTANA Residingat t 1 y+ e Residin at Bozeman,Montana
My Commission Expires My Commission Expires: _C.�.: —
.......' August 04,2019
(Use 4 digits for expiration year)
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Flanders Mill Major Subdivision,Phase I
Lot Sidewalks Improvements Agreement
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THE CITY OF BOZE MAN
BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA
:ss
County of Gallatin
On the day of t 3[:-; 2016, 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)
(Printe'd-Name Here) N.'n V
ALICIAKENNEDY Notary Public for the Sateohthini
NOTARY PUBLIC for the
STATE OF MONTANA Residing at I 1=159'
Residing at Bozeman,Montana My Commission Expires:
My Commission Expires
August 04,2019 1 (Use 4 digits for expiration year)
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Flanders Mill Major Subdivision,Phase I
Lot Sidewalks Improvements Agreement
Exhibit A
See attached detail sheet
Total length of sidewalk=3,912 feet '
Cost per sq. ft. =7.00
Total 100% Amount per estimate= $136,951.50
Total 150% amount=$205,427.25
Total Amount guaranteed by letter of credit=$102,713.63
Total Amount guaranteed by escrow=$102,713.63
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Flanders Mill Major Subdivision,Phase l
Lot Sidewalks Improvements Agreement
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Exhibit A - Improvements Agreement Estimate
Flanders Mill Subdivision, Phase 1
February 4, 2016
Sidewalks
Unit Cost Financial Guarantee
Lot# Length (ft) Width(ft) Area (SF) ($/SF) Total Cost (150%)
Block 1
Lot 1 77.13 5.00 385.65 $ 3.50 $ 1,349.78 $ 2,024.66
Lot 2 75.00 5.00 375.00 $ 3.50 $ 1,312.50 $ 1,968.75
Lot 3 75.00 5.00 375.00 $ 3.50 $ 1,312.50 $ 1,968.75
Lot 4 75.00 5.00 375.00 $ 3.50 $ 1,312.50 $ 1,968.75
Lot 5 75.00 5.00 375.00 $ 3.50 $ 1,312.50 $ 1,968.75
Lot 6 75.00 5.00 375.00 $ 3.50 $ 1,312.50 $ 1,968.75
Lot 7 77.62 5.00 388.10 $ 3.50 $ 1,358.35 $ 2,037.53
Lot 8 57.83 5.00 289.15 $ 3.50 $ 1,012.03 $ 1,518.04
Lot 9 46.61 5.00 233.05 $ 3.50 $ 815.68 $ 1,223.51
Lot 10 86.77 5.00 433.85 $ 3.50 $ 1,518.48 $ 2,277.71
Lot 11 75.00 5.00 375.00 $ 3.50 $ 1,312.50 $ 1,968.75
Lot 12 75.00 5.00 375.00 $ 3.50 $ 1,312.50 $ 1,968.75
Lot 13 75.00 5.00 375.00 $ 3.50 $ 1,312.50 $ 1,968.75
Lot 14 75.00 5.00 375.00 $ 3.50 $ 1,312.50 $ 1,968.75
Lot 15 75.00 5.00 375.00 $ 3.50 $ 1,312.50 $ 1,968.75
Lot 16 200.07 5.00 1,000.35 $ 3.50 $ 3,501.23 $ 5,251.84
Block 2
Lot 1 74.16 5.00 370.80 $ 3.50 $ 1,297.80 $ 1,946.70
Lot 2 74.17 5.00 370.85 $ 3.50 $ 1,297.98 $ 1,946.96
Lot 3 74.17 5.00 370.85 $ 3.50 $ 1,297.98 $ 1,946.96
Lot 4 74.17 5.00 370.85 $ 3.50 $ 1,297.98 $ 1,946.96
Lot 5 74.17 5.00 370.85 $ 3.50 $ 1,297.98 $ 1,946.96
Lot 6 74.17 5.00 370.85 $ 3.50 $ 1,297.98 $ 1,946.96
Lot 7 190.09 5.00 950.45 $ 3.50 $ 3,326.58 $ 4,989.86
Lot 8 194.09 5.00 970.45 $ 3.50 $ 3,396.58 $ 5,094.86
Lot 9 77.85 5.00 389.25 $ 3.50 $ 1,362.38 $ 2,043.56
Lot 10 74.17 5.00 370.85 $ 3.50 $ 1,297.98 $ 1,946.96
Lot 11 74.17 5.00 370.85 $ 3.50 $ 1,297.98 $ 1,946.96
Lot 12 74.17 5.00 370.85 $ 3.50 $ 1,297.98 $ 1,946.96
Lot 13 74.17 5.00 370.85 $ 3.50 $ 1,297.98 $ 1,946.96
Lot 14 77.83 5.00 389.15 $ 3.50 $ 1,362.03 $ 2,043.04
Block 3
Lot 1 75.73 5.00 378.65 $ 3.50 $ 1,325.28 $ 1,987.91
Lot 2 75.74 5.00 378.70 $ 3.50 $ 1,325.45 $ 1,988.18
Lot 3 75.74 5.00 378.70 $ 3.50 $ 1,325.45 $ 1,988.18
Lot 4 75.74 5.00 378.70 $ 3.50 $ 1,325.45 $ 1,988.18
Lot 5 75.74 5.00 378.70 $ 3.50 $ 1,325.45 $ 1,988.18
Lot 6 75.74 5.00 378.70 $ 3.50 $ 1,325.45 $ 1,988.18
Lot 7 206.95 5.00 1,034.75 $ 3.50 $ 3,621.63 $ 5,432.44
Lot 8 210.95 5.00 1,054.75 $ 3.50 $ 3,691.63 $ 5,537.44
Lot 9 80.24 5.00 401.20 $ 3.50 $ 1,404.20 $ 2,106.30
Lot 10 75.74 5.00 378.70 $ 3.50 $ 1,325.45 $ 1,988,18
Lot 11 75.74 5.00 378.70 $ 3.50 $ 1,325.45 $ 1,988.18
Lot 12 75.74 5.00 378.70 $ 3.50 $ 1,325.45 $ 1,988.18
Lot 13 75.74 5.00 378.70 $ 3.50 $ 1,325.45 $ 1,988.18
Lot 14 79.79 5.00 398.95 $ 3.50 $ 1,396.33 $ 2,094.49
TOTAL 3,912.90 19,564.50 $ 68,475.75 $ 102,713.63
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Flanders Mill Development Addendum
Agreement concerning sidewalks, damage to curb, gutter, pavement
and cleanup of all construction debris
This agreement entered this day of . 2016,executed by and between Flanders
Mill, LLC.,as Seller and , as Buyer,is for the specific
purpose of memorializing the understanding of moneys to be held by a third party (SecurWest
Escrow Services, Inc., a wholly owned subsidiary of Security Title Company of Montana).
The intent of the Escrow holdback is to insure the integrity of the infrastructure of Flanders Mill
Subdivision set forth by developer and the City of Bozeman. Buyer,or their successors and/or
assigns and Seller do hereby agree that the cost of the installation and completion of sidewalks
adjacent to the land being purchased under contract executed herewith will be the responsibility
of Buyer. Additionally,the moneys being held may be used to repair any damage to the existing
curb, gutter and pavement or for any cleanup required by the City of Bozeman and or developer.
The Sellers cost to repair will be deducted from said sidewalk holdback to any damage to curb,
gutter or pavement caused by construction activity on the Lot.
The amount to be deposited in Escrow will be calculated using the following formula:
Square footage of the sidewalk X$3.50 X 150% = Funds to be deposited by Buyer into
Escrow.
Block 1 Lot 2
Sidewalk Square Footage 75.00
5 Feet x 5
Total Sidewalk Square Footage 375.00
x$3.50
$1,225
X 150%
TOTAL= $1,837.5
Please note that a corner lot will have both the front sidewalk and side sidewalk.
The Escrow funds will be held in Escrow until one of the following will occur:
1) The funds will be released to Buycr upon the following to occur:
The sidewalk is installed and all construction (both home and landscape) is complete j
with all contractor equipment and debris removed from the property. The Buyer
formally requests Seller to confirm the completion and authorize the release of the
fiends. The authorization will be in the form of"Release and Authorization to Release
Funds in Escrow"and will be executed by Seller,or his appointed representative,within
5 days of receipt of the request. Seller reserves the right to confirm not only the
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completion/installation of the sidewalk,but to also determine whether any damage
exists to the curb, gutter or street,as well as whether any debris exists on the Lot. The
Seller further reserves the right to hold back the release of funds until such a time as the
damage is repaired or the debris is removed. The request MUST be made prior to 3
years of recorded plat for phase 1 of the Flanders Mill Development.
2) The funds will be released to Seller,or the City of Bozeman if the seller is in default,if
the sidewalk is not installed and completed pri or to 3 years of recorded plat for phase 1
of the Flanders Mill Development.
3) The funds will be released to the seller if the sidewalk is installed and completed and
the Buyer does not make a request to SecurWest Escrow,Inc.for the release of the
funds prior to 3 years of recorded plat for phase 1 of the Flanders Mill Development.
The funds held in Escrow are to run with the land. The Buyer will forfeit their rights to the
Escrowed funds upon the sale of the Lot to a Third Party and that party will take the position of
Buyer in this agreement.
Further,Buyer understands that SecurWest Escrow Services, Inc. has no responsibility in notifying
Buyer that the completion date is approaching or that it has passed.
If the sidewalks are not in place 3 years of recorded plat for phase 1 of the Flanders Mill
Development., the Seller has the responsibility to complete the sidewalk installation/completion.
Dated:
Seller
Dated:
Buyer
Dated:
Buyer
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