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HomeMy WebLinkAbout16- Improvements Agreement - Islands LLC - West Winds SW Condominiums Development Application =[PLATTED]E� 2567517 Page: 1 of 14 12/27/2016 02.43:49 PM Fee: $98 00 Charlotte Mills - Gallatin County, Mt IMP I III II llil III IIIII 11111111111111111 IN 11111111111111111111111111111111 loll IIIII IN IIII Inter-office original to: City of Bozeman Department of Planning&Community Development 20 East Olive Street IMPROVEMENTS AGREEMENT FOR THE WEST WINDS SW CONDOMINIUMS DEVELOPMENT APPLICATION 16147, BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this �;4- k day of , 2016, by and between Islands LLC,PO Box 12037,Bozeman,MT 59719 hereinafter called the"Owner," and the City of Bozeman, a Municipal Corporation of the State of Montana,hereinafter called the "Ci " ty. r i'. WHEREAS,Cascade Development Inc.,with the approval of the City,subdivided 161.30 acres now known as the West Winds Subdivision formerly described as: NW1/4, Section 2, Township 2 South,Range 5 East, Gallatin County,Montana; and WHEREAS, Cascade Development, Inc., sought and accepted a Conditional Use Permit for the West Winds Planned Unit Development on July 13, 2005 and as amended from time to time; and WHEREAS,the West Winds Subdivision was approved with multiple phases which relied upon each other for provision of services and various required improvements have not yet been installed; and WHEREAS,Phases 4 and 5 of the West Winds Subdivision were platted with restrictions for future development due to uninstalled improvements; and WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval of a Site Plan Application to allow construction of 50 dwellings and related site improvements on property located at 3275 Breeze Lane and 1631 Windward Avenue and legally 4 q#� E E Y West.Winds.SW.Condominium Site:;Plan:.: .:::`:.;.:::; is :;:::::`i.:,' ' :`A lication 1G147: described as Lot 1, Block 4, West Winds Subdivision Phase 4 and Lot 1, Block 3, West Winds Subdivision Phase 5, City of Bozeman, Gallatin County, Montana; and WHEREAS, the landowner has requested concurrent construction of homes and infrastructure per 38.39 BMC which requires provision of an improvements agreement to secure completion of all require improvements; and WHEREAS, this same area was the subject of previous improvements agreement as part of the West Winds PUD subdivision phases 4 and 5 recorded as document numbers 2311613, 2316129, and 2438409; and WHEREAS, it is the intent of the City and present land owner to wholly replace with this document all previous improvements agreements applicable to this property; and WHEREAS,it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property subject to the site plan which work is hereinafter described; and it is the intent of this Agreement,and of the parties hereto,to satisfy the improvements and guarantee requirements for the conditional approval of said Site Plan Application. 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 as R-3 on the City of Bozeman Zoning Map,and identified as 3275 Breeze Lane and 1631 Windward Avenue and legally described as Lot 1,Block 4,West Winds Subdivision Phase 4 and Lot 1,Block 3,West Winds Subdivision Phase 5, City of Bozeman, Gallatin County, Montana, and included within application 16-147,the West Winds SW Condominiums. 2. Improvements This Agreement specifically includes: A. Sidewalks on Davis Lane, Winter Park Street, Windward Avenue, Breeze Lane, New Holland Drive,and internal circulation. B. Handicap ramp at SE corner of Windward Avenue and Winter Park Street. Im x rn ave ents reexinent :•: :.;: ::<:::; ::::<:::.:;::::>:;;:::.:-:.:.:::::::::::::::::::::::.:::.:::...:::::::;;::::;:::.:.:.::<.;;;::;:_::: :_:::;:::::::.°.:<:;;:::;;:::::>:;:::::;:.:::.::;.::.,_.: r b jWestWinds.S.W Condominium Site Pla*n ,:-* n16147 C. Crack Seal south bound lane of Windward Avenue D. Street trees along Davis Lane, Winter Park Street, Windward Avenue, Breeze Lane,New Holland Drive. The estimated cost of these improvements is attached as Exhibit A. 3. Financial Guarantee,Time for Completion of Improvements This Improvements Agreement must be secured by a financial guarantee, as may be deemed acceptable by the City,payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at the time occupancy of structures is requested. Improvements may be financially guaranteed with a letter of credit or other acceptable form of security. The form of security is document from .Said method of security shall be valid for a period of not less than twelve (12) months. In any event, all required improvements shall be completed prior to occupancy and not later than one year in order to avoid default on the method of security. Improvements are proposed in two phases as shown on the approved site plan and security may be released proportionately to completed work. 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 Developer is in compliance with this Agreement, and the Developer 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 for this Agreement. If the Developer 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 developer at Islands LLC, PO Box 12037, Bozeman,MT 59719 or such other address as the Developer 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: ent West Winds SW Condominium Site.Plan`:::: :.':; ;:;:;:.,.::A lication 16147: :: 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 Developers shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. 6. Indemnification The Developer 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. The Developer 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 Developer. The Developer is not an agent or employee of the City. 7. Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. The Developer acknowledges that the required landscaping must be maintained in a healthy, growing condition at all times. The Developer is responsible for regular weeding,mowing of grass,irrigating,fertilizing,pruning,and other maintenance of all plantings as needed. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. The Developer hereby acknowledges that failure to maintain required landscaping in a healthy growing condition at all times may result in revocation of the conditional use permit. S. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District 5 Court, Gallatin County, State of Montana. 9. Attorney's Fees Im rovements r� 1 West.Winds SW Condominium Site Plan:::: Application 16147 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,to include the salary and costs of in-house counsel including City Attorney. 10. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless agreed to in writing 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 Developer shall not assign this Agreement in whole, or in part, without prior written consent of the City. 13. Successors Except as provided in paragraph 10,this Agreement shall be binding upon,enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. ####END OF AGREEMENT EXCEPT FOR SIGNATURES#### i. `Im ro em n r ....:..:. . v e is eeraent::.:,:,;::.;,:::;.;:'::`:�::�::;�:::.��:;:.:�::�::::.;�::.::.::::::::::.::.:.:::.:.::::::::��::'::::::.::.: ;;::;:.;:.�:;:.:.::::.::.:.:::::::::::::�..:�:>::::::::.:::::::� . �t s West Winds SW Condominium Site Plan Application 16147 LANDOWNER i By: Island LLC, Owner (On behalf ql) (Capacity) STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this_ day of member , 20 6 be ore me,the undersigned, a Notary Public for the State of Montana,personally appeared ,known to me to be the landowner that executed the within instrument, and acknowledged to me that he executed the same as (insert capacity) r and on behalf of Island LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. it z4L ' 1 THERINE MAINES (Pri ted name) Notary saubnc Notary Pug State of Montana �gTnRjq� �,=for the State of Montana Residing at Residing wit: N�.SEAL.��= aeigrade, Montana My Commission Expires: q o..µ..e, My commission Expires: (Use four digits for expiration year) July 22, 2020 Improvements Agreement Pa e 6 West Winds SAX/ Condominium Site Plan Application 1G147 THE CIT OF BO MAN MdWin Mats Director, City of Bozeman Community Development STATE OF MONTANA) :ss County of GALLATIN ) On this —off day of�Q,Ckmc,tr , 2016, before me, a Notary Public for the State of Montana,personally appeared Martin Matsen,known to me to be the person described in and who executed the foregoing instrument as Director of the City of Bozeman Department of Community Development,whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereun o set my hand and affixed my Notarial Seal the day and year first above written. S (SEAL) (Pri e) Kg rHF-RINS MAINES Notary Public forth tate of Montana �P�N,E Mq� ;R Notary Put711c Residing at Bozeman k4,'�O�AR�A��N;for th© d6IC�I1�{� ant@r'a My Commission Expires: * - *= E3eig�ode, Montana (Use four digits for expiration year) .SEA[ . Nz- q � ' My Commission Expires: �OF MO July 22, 2020 Improvements Agreement Pa e 7 West Winds SW Condominium Site Plan Application 16147 EXHIBIT A — See attached estimates Total Amount per estimates= 50,000.64 Total Amount guaranteed= $75,000.96 I Improvements` reetnenut Page 8 } a a 1 West Winds SW IA(Doc.No 2438409) Financial Guarantee Estimate Description Totals Park & Landsca ing Improvements $37,351 Water System Improvements $0 Stormwater System Improvements $0 Sanitary Sewer Improvements $0 Street Improvements $12,650 Estimated Improvements Total $50,000.64 Park&Landscaping Improvements Total: $0 Public Parks#1&42(Phase 4) Description Quantity Unit Unit Price TOTAL COST Grading&Site Prep LS $2,625 Norway Maple 3 EA $ 250.00 $750 Northern Treasure Ash 1 EA $ 150.00 $150 Mountain Ash 1 EA $ 150.00 $150 Japanese Lilac 3 EA $ 150_00 $450 Paper Birch 2 EA $ 150.00 $300 Canad Red Chokecherry 1 EA $ 150.00 $150 Trail 2,500 SF $ 2.00 $5,000 Turf 25,464 SF $ 0.31 $7,894 Irrigation 25,464 SF $ 0.25 $6,366 Total: $21,210 Public Park#3(Phase 4) Description Quantity Unit Unit Price TOTAL COST Grading&Site Prep LS $1 400 Vanguard Elm 2 EA $ 300.00 $600 Norway Maple 2 EA $ 250.00 $500 Japanese Lilac 3 EA $ 150.00 $450 Turf 26,055 SF $ 0.31 $8,077 Irri anon 26,D55 SF 1 $ 0.25 $6,514 Total: $16,141 Boulevards Description Quantity Unit Unit Price TOTAL COST— Japanese Lilac Oak Street 10 EA $ 150.00 $1,500 Norway Maple Davis Lane 10 EA $ 250.00 $2,500 Mountain Ash Davis Lane 5 EA $ 150.00 $750 Japanese Lilac Davis Lane 9 EA $ 150.00 $1,350 Elm Davis Lane 5 EA $ 350.00 $1,750 Spring Snow Crab Davis Lane 5 1 EA $ 350.00 $1,750 Turf 20,700 SF $ 0.31 $6,417 Irri ation 20,700 SF 1 $ 0.25 $5,175 Total: $11,592 Water System Improvements Description Quantity Unit Unit Price TOTAL COST Total: $p Stormwater System Improvements Description Quantity Unit Unit Price TOTAL COST Total: $p Sanitary Sewer Improvements Description Quantity Unit Unit Price TOTAL COST Total: $0.00 Street Improvements (Breeze Lane) Description Quantity Unit Unit Price TOTAL COST Crack Seal (Winter Park St.) LS $ 11,700.00 $11,700.00 Handicap Ram (Windward Ave. & Winter Park St.) 1 LS $ 950.00 $950.00 Total: ,$12,650.00