HomeMy WebLinkAbout16- Improvements Agreement - Islands LLC - West Winds Subdivision z
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2567516
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Charlotte Mills - Gallatin county, MT IMP
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Inter-office original to:
Cite of Bozeman
Department of Planning&Community Development
20 East Olive Street
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IMPROVEMENTS AGREEMENT
FOR LOT 1,BLOCK 4, PHASE 5 AND
LOTS 1 AND 2,BLOCK 1,PHASE 4 OF THE WEST WINDS SUBDIVISION
BOZEMAN,MONTANA
THIS AGREEMENT is made and entered into this�ath day of ,,� , 2016,
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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
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"City."
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. Document number 2194878 in the Gallatin County Clerk and Recorder's Office; 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,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,
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West Winds:Phases.4&5.Remaitun Lots.:;;,::..;:: ;'°.: . ;;: .:::. ......"Applicatio `16147
2316129, and 2438409; and
WHEREAS, the City filed a "Notice of Building Permit Restrictions" on West Winds
Phases 4 and 5 to prevent the issuance of building permits before completion of required
infrastructure (water, sewer, streets, and storm water facilities), unless written approval was
received from the City. See documents#2311662 and 2316304 filed in the Gallatin County Clerk
and Recorder's Office on December 1, 2008; and
WHEREAS,portions of the work have been completed and the building permit restriction
has been removed from some lots by document#2438409 and retained on this property;
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 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 subdivision and planned unit development; and
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 legally described as Lot 1, Block 4, West Winds
Subdivision Phase 5 and Lots 1 and 2,Block 1,West Winds Subdivision Phase 4,City of Bozeman,
Gallatin County,Montana.
2. Improvements
This Agreement specifically includes:
A. Sidewalks on all perimeter streets
B. Public Parks 3 and 4 phase 4,turf, trees and irrigation,
C. Public Park 1 phase 4, turf,trees and irrigation,
D. Public Park 2 phase 4,turf,trees and irrigation, t
Improvements eement ".. . :
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JWest Winds Phases 4.&*5 Remaining Lots
Application 16147
E. Street trees along the adjacent frontage of Oak Street from Davis Lane to Windward
Avenue
F. Street trees along the adjacent frontage of Davis Lane from Oak Street to Winter Park
Street.
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 security provided is document
issued by . Said financial guarantee
shall be valid for a period of not less than seventy-two (72) months. The method of security may
be provided by an instrument of credit valid for not less than twelve (12) months which will
without further action by the City or Owner automatically renew. In any event, all required
improvements shall be completed prior to occupancy in order to avoid default on the method of
security.
A. All required work shall be completed in not less than sixty (60) months from the date of
this agreement. The obligation to complete any alternate configuration subsequently
approved by the City shall be the sole responsibility of the then existing Owner.
B. Sidewalks shall be constructed by the purchasers of the individual lots on which the
sidewalks are to be located within one(1) year after closing of their purchase of the lot or
prior to the occupancy of a structure on the lot,whichever is less.
C. The Owner acknowledges that the City can order the construction of sidewalks at anytime
the City deems the sidewalks necessary to provide safe pedestrian access, and that these
may be ordered in sooner than the five(5)year period.
4. Release of Building Permit Restrictions
The City may in its sole discretion release building permit restrictions applicable to this property
West Winds Phases 4.8;.5 Remaining Lots'.. ::. Application i6147771
prior to completion of all secured improvements upon completion of an appropriate subdivision or
other development review process.
5. 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:
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
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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
im rovemen eem n
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jWest Winds Phases 4& 5 Remaining Lots .A
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.
8. 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
Court, Gallatin County, State of Montana.
9. Attorney's 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,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,
jjmpr6vements'
West Winds Phases 4 & 5 Remaining Lots::; .:`:;:,':;.::: Application 16147.:
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####
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West Winds Phases 4 & 5 Remaining Lots Application 16147
LANDOWNER
d e' y
By:
Island LLC. Owner
(On behalf q) (Capaciog
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this jx"'a —day ofeGQm�r r , 2016, before me, the undersigned, a Notary
Public for the State of Montana,personally appeared ImQ(� �,Q�known to me to be the
landowner that executed the within instrument, and acknowledged to me that he executed the
same as (insert capacity) OLOM 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.
(SEAL) (Printed name)
ITHlNlk MAINST4br&7.Rlic for the State of Montana
NWAry M41116 Residing at
for the 0two of Montana My Commission Expires:
SEAT,.'* F�oaldinp at:
p Bolgrade, Montana (Use four digits for expiration yea)----_
My Commisslon Expires:
,July 22, 2020
Improvements Agreement Pa e 7
West Winds Phases 4 & 5 Remaining Lots Application 16147
THE CITY OF BO MAN
M n sed
Director, City of Bozeman Community
Development
STATE OF MONTANA)
:ss
County of GALLATIN )
On this day of lkusl) r , 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 hereunt set my hand and affixed my Notarial Seal the
day and year first above written. S
(Prince
A�NM A7WE;RINE MAINE9 Notary Public for to of Montana
1iy Notary Public y
for tho State of Montana Residing at Bozeman
Residing at: M Commission Ex fires:
Belgrade, Montana y p
9, •.••• P,2 My commission Expires: (Use four digits for expiration year)
of o July 22, 2020
Improvements Agreement Pa e 8
West Winds Phases 4 &5 Remaining Lots"`. ':;: i ?:': A lication 16147:
IXIIIBIT A— See attached exhibit
Total Amount per estimates= $214,863.76
Total Amount guaranteed= $322,295.62
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rovennents eernent
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West Winds SW Condominiums IA
Financial Guarantee Estimate
Description Totals
Park & Landscaping Improvements $17,600
Water System Improvements $0
Stormwater System Improvements $2,500
Sanitary Sewer Improvements $0
Condo Street Improvements New Holland, Alleys A & B $182,714
Punchlist and final remaining items $12,050
Estimated Im rovements Total $214,863.75
Park& Landscaping Improvements
Public Park#1 (Phase 5)
Description Quantity Unit Unit Price TOTAL COST
Total: $0
Boulevards
Description Quantity Unit Unit Price TOTAL COST
Norway Maple 27 EA $ 250.00 $6,750
Hone locust 3 LF $ 350.00 $1,050
Elm 28 EA $ 350.00 $9,800
Turf 0 SF $ 0.31 $0
Irri ation 0 SF
$ 0.25 $0
Total: $17,600
Water System Improvements
Description Quantity Unit Unit Price TOTAL COST
Total: $p
Stormwater System Improvements
Description Quantity Unit Unit Price TOTAL COST
Sidewalk Chase 1 EA $ 2,500.00 $ 2,500.00
Total: $2,500
Sanitary Sewer Improvements
Description Quantity Unit Unit Price TOTAL COST
Total: $0.00
Street Improvements
Description Quantity Unit Unit Price TOTAL COST
Boulevard - Topsoil and Seeding 19,988 SF
4-inch Sidewalk 15,375 SF $ 7.00 $107,625.00
Street Sign & Post 21 EA $ 300.00 $6,300.00
Street Light Poles 6 EA $ 8,000.00 $48,000.00
Preformed Inlaid plastic Pavement Markin - White (8-inch) 270 LF $ 10.00 $2,700.00
Preformed Inlaid plastic Pavement Marking - White (24-inch) 131 LF $ 27.50 $3,588.75
Curb Paint - Solid Yellow Epoxy Paint 1 ,100 LF $ 5.00 $5 500.00
Detectable Warning Surface 300 SF $ 30.00 $9,000.00
Total: $182,713.75
Punchlist and Final Items
Description Quantity Unit Unit Price TOTAL COST
Water/sewer etching - remove and replace curb 150 LF $ 30.00 $ 4,500.00
Remove RAM-NEK from MH's 1 LS $ 1,000.00 $ 1,000.00
Backfill blowoff hydrants and provide curb box 1 LS $ 1,000.00 $ 1,000.00
Seal saw cuts in asphalt patch 1 LS $ 200.00 $ 200.00
Remove concrete waste in boulevard (Davis/Breeze) 1 LS $ 100.00 $ 100.00
Final grouting in sanitary manhole 1 LS $ 250.00 $ 250.00
Valve box adjustment 1 LS $ 250.00 $ 250.00
Storm manhole adjustment 1 LS $ 1,000.00 $ 1,000.00
Erosion control (inlet protection)to be removed 1 LS $ 150.00 $ 150.00
Re-mark sanitary sewer services with post 1 LS $ 100.00 $ 100.00
Sweep streets 1 LS $ 500.00 $ 500.00
Remove and re-pave portions of asphalt 1 LS $ 3,000.00 $ 3,000.00
Total $ 12,050.00