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Home My WebLink About06- Valley West Phase 3C Subdivision Improvements Agreement J-43~ . . . Inter-office On[':l11al to. C1ty of Bozeman PlannIng Department 20 East OlIve Street ,.-,.. I't,./ ~ w, "tt,...JJ:,I;.~ \ '1..,.. ~ ;..-..... "........- ,~~- 1111111111111111111111 I11III1I1I1I 1111111111111 11111111 ~~5~~r;~~p Shelley Vanoe-Gallatin Co MT MISC 49 00 I VaHey West Phase 3C Subdivision #P-05013 I IMPROVEMENTS AGREEMENT FOR VALLEY WEST PHASE 3C SUBDIVISION, BOZEMAN, MONTANA THIS AGREEMENT IS made and entered lllto thIs srt day of ,1' lJ~E ,2U06, by and between Doug Oberg. Aspen Enterpnses. LLC, 2415 East Camelback. Suite 900. Phoelllx, AL:'. 85u16 herel11after called the "SubdIvIders", and the C1ty of Bozeman, a MUl11C1pal Corporauon and poh1:1cal subdlvlslOn of the State of Montana, Wlth offices at 411 East Malll Street, POBox 1230, Bozeman, MT 59771-1230, herel11after called the "City" WHEREAS, It is the 1l1tent and purpose of the SubdiVIder to meet the condt1:10ns of approval of a malor suhdlvlSlOn prehm1l1ary plat apphcatIon for Phase 3C, V alley West SubdlvlslOn to suhdlvlde approxunately 15 acres 1nto 46 resIden1:1a110ts on property legally descrihed as a tract of land be1l1g a portion oETract 2, Block 1, a powon of Tract 3. Block 2. of Valley \X'est SubdiVISion. situated In the N\X' 1/4 of SectIOn 10, T2S. R5E, PMM, City of Bozeman, GallatIn County. Montana, and WHEREAS, It IS the Intent of the Subd1vIder to obtal11 Final Plat approval, and WHEREAS, It IS the Intent and purpose of both the Subd1vIder and the City to hereby enter 1l1to an Agreement which will guarantee the full and sa1:1sfactory completIOn of the reqmred Improvements on the property hereinafter described, and It IS the llltent of thIS Agreement, and of the pattles hereto, to satlsfy the reqUlrements and guarantee Improvements for the condwonal approval of saId major subdIVISIon applIcatIon. NOW, THEREFORE, In consideratIOn of the mutual covenants and condwons contal11ed herein, It IS hereby agreed as follows I Improvements Agreement Page 1 1111111 11111 11111 11111 111111 11111111111 11111111 1111 1111 ~;~j~:8;?~p Shelley Vance-Gallatin Co MT MISC 49.00 . I Valley West Phase 3 Subdivision #P-05013 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as follows: a tract of land being a portion of Tract 2. Block 1. a portion of Tract 3. Block 2. of Valley West Subdivision. situated in the NW 1/4 of Section 10. T2S. RSE. PMM. City ofI3ozeman. Gallatin County. Montana. 2. Improvements This Agreement speci fically includes, but is not limited to the improvements lis ted in Attachment A as illustrated on the plans and specifications contained in the City Engineering Department and Planning Department f1les. One and one-half times the estimated cost of these improvements is $634.699.44. 3. Financial Guarantee, Time for Completion of Improvements It IS the Subdivider's intent to f1le the final subdivision plat prior to the completion of said improvements. Therefore, this Agreement shall be secured by a financial guarantee in the form of a Letter of Credit, No. issued by with a maturity date of , dated in the amount of: $634.699.44 . whieh is one and one-half times the estimated cost of the installation of all rClluired improvements. The Subdivider hereby agrees that thc following improvements must be installed prior to issuance ofbuilding permits: sidewalks adjacent to public lands, pedestrian ramps. signage. curb and gutter. grading, asphalt. curb return tillets. detention facilities. storm sewer. base courses. The Subdivider hereby agrees that all interior sidcwalks adjacent to individual lots shall be installed within three (3) years of the City Commission final plat approval or with Building Permits for individual lots, whichever occurs first. The Subdivider hereby agrees that all park and open space 1andscapinf within Phase 3Cmust be installed within one (1) year of the City Commission final plat approval. The Subdivider hereby agrees that all street lights must be installed prior to occupancy. In any event, aU rccluired improvemeI1ls shall be completed within the time frame provided herein for the completion of the improvements in order to avoid default on the method of security. 4. Inspection Rcpresentatives 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. . Improvements Agreement Page 2 11111111111111111 11111 111111111111 111111111111111111111 ~~5~~:8;?~p Shelley Vance-Gallatin Co MT MISC 49.00 . I Valley West Phase 3C Subdivision #P~05013 I 5. Default Time is of the essence for 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 developer, Doug Oberg. Aspen Enterprises. LLC. 2415 East Camelback. Suite 900, Phoenix. AZ 85016, 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. . 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 Subdivider shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. 8. Governing Law and Venue This Agreement shall be construed under and governed by the laws of the State of Montana. In the event oflitigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. Improvements Agreement Page 3 . . . 111111111111111111111111111111111111111111 11111 11111111 ~~5~~f~~~p Shelley Vance-Gallatin Co MT MISC 49.00 I Valley West Phase 3C Subdivision #P-05013 I 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 tllls 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 of the City. 13. Successors Except as provided in paragraph 12, this Agreement shall be binding upon, CIlure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. I Improvements Agreement Page 4 1111111111111111111111111111111111111111111111111111111 ~~51~f;~~p . Shelley Vanoe-Gallatin Co MT MISC 49.00 I VaHey West Phase 3C Subdivision #P-OS013 I STATEOFMONTANA ) :ss County of Gallatin ) On this .,,"fIt. day of ,2006, before me, the undersigned, a Notary Public for the State of Montana, rsonally appeared Doug Oberg, known to me to be the ~'~ ft1LMhQi" of Aspen Enterprises. LLC.. the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. \\\\1//(// ,\ .-.:::~ <~'r 1/ (SFA~)' /- \;"- '. 'I't11 /,,.. 4~~ . ' . ': :';"",r. . . . . . . :~::.., .....-:,. " .~. .... (', . ," "\' ^ P / <" 0___ -- .~::~. . '.\ l) I~.. l ,I 'i L. . :P -- =: . . \. : CJ :: - (I . _....-- . * :: (Printed Name lIere) :- ',\.. r:~.:;u~ /~1L . .,.,.. ... Notary Public for the State of Montana ;:. C';-. . ~ -., . . S .:: 'd' M ~ ..... "1',' . . .(, " ReSl . lng ~ZUH:;u,t , Montana // / /1:: "u~ ',.',0";:",'" 1\ly Comrmssion Expires IH-=iA ~J 7C07- / I ; ," \ \ /I/JII\\ . I Improvements Agreement Page 5 . . . 1111111111111111111111111111111111111111111111111111111 ~~~1~f;?~p Shelley Vance-Gallatin Co MT MISC 49,00 I Valley West Phase 3C Subdivision #P-OS013 I THE CITY OF BOZEMAN 'I Andrew C. Epple Director of Planning & Com STATEOFMONTANA ) :ss County of Gallatin ) On the day I J .~ of ~~" , 2006, before me, a Notary Public for the State of Montana, personally appeare ndrew C. Epple, known to me to be the person described in and who executed the foregoing instrument as Director of Planning and Community Development of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) lJ-~ ~QMA~ Printed Name IUI..Q. r; eM I /I €'r Notary Public for State of Montana Residing at: Bozeman, Montana Commission Expires: ,:; / z 'S' /2.00 t (Use 4 digits for expiration year) , I ,~, t .........~:.~.~..<';,., . ~'vo.... r,i'") II' ~ .", \ : ~;:' ~,..\ \or \. ~ : ""': \ ~;. '/'" ,::. :0: ~..:;O:~ :. ." : .,.;"";;:.: :-- ~ -e ... '~,,: :'.' ~ '0.. " .: r: ' ". 1-... .... I.. ..., ", "'-1~ ....".... .\, ...... ..., , ~ ~ . I Improvements Agreement Page 6 .' . . . 1111111111111111111111111111111111111111111111111111111 g1~r;~~p Shelley Vance-Gallatin Co MT MISC 49,00 Valley West Phase 3C Subdivision #P-05013 Site Grading Hot Plant Mix Asphalt 1 llz" Minus Crushed Base Course Concrete CUj.b and Gutter Concrete Sidewalks (4" depth) Concrete Street Crossing-Decorative Pedestrian Ramps and 6" Sidewalk Double Gutter (7" depth) Curb Return Fillets Detention Pond and Outlet Structure 15" PVC Storm Sewer 18" PVC Storm Sewer 18" RCP Storm Sewer Signage-Street, Stop, Dead-end Attachment A 12,250 CY @ $1.75jCY 2,086 TN @ $36.00jTN 2,293 CY @ $18.00jCY 5,442 LF @ $10.50jLF 26,770 SF @ $3.50jSF 610 SF @ $10.50jSF 2,625 SF @ $7.00jSF 434 sr @ $7.00jSF 7 EA @ $1,000.00jEA 1 EA @ $12,500.00jEA 310 LF @ $45.00jLF 30 LF @ $50.00 JLF 155 LF @ $60.00jLF 5 EA @ $800.00jEA Landscaping Improvements (Estimated at 20% of total phase 3 costs) Street Lie:hts Total Total Financial Guarantee $21,437.50 $75,096.00 $41,274.00 $57,141.00 $93,695.00 $6,405.00 $18,375.00 $3,038.00 $7,000.00 $12,500.00 $13,950.00 $1,500.00 $9,300.00 $4,000.00 $31,989.20 $26.432.26 $423,132.96 x 1.5 $634,699.44 !lmprovements Agreement Page 7 I