HomeMy WebLinkAbout08-25-20 City Commission Packet Materials - C2. Final Plat for the Next Subdivision App 20199 Report compiled on: June 22, 2020 Attachments: Final Plat, Staff Memorandum
Commission Memorandum
REPORT TO: Mayor and City Commission
FROM: Tim Cooper, Assistant City Attorney Sarah Rosenberg, Associate Planner
SUBJECT: Approve the Final Plat for the Nest Subdivision and authorize the Director
of Public Works to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman; and authorize the City Manager to sign a perpetual access easement, stormw water easement, and release and reconveyance easement with Center Arrow Partners, LLC, Application 20199
MEETING DATE: August 25, 2020
AGENDA ITEM TYPE: Consent
RECOMMENDATION: Approve the Final Plat for the Nest Subdivision and authorize the
Director of Public Works to execute the same on behalf of the City of Bozeman; the Director of Community Development to execute the improvements agreements on behalf of the City of Bozeman; and authorize the City Manager to sign a perpetual access easement, stormw water easement, and release and reconveyance easement with Center Arrow Partners, LLC, Application
20199
BACKGROUND: On March 23, 2020, the Bozeman City Commission conducted their review of the Preliminary Plat application for The Nest Subdivision and voted 5-0 to conditionally approve the preliminary plat application.
§76-3-611(1), MCA, provides that the City Commission shall approve the plat only if:
(a) it conforms to the conditions of approval set forth on the preliminary plat and to the terms of this chapter and regulations adopted pursuant to this chapter; and (b) the county treasurer has certified that all real property taxes and special assessments assessed and levied on the land to be subdivided have been paid.
The County Treasurer has certified that all real property taxes and special assessments assessed
and levied on the land to subdivide have been paid. Attached is a memorandum from Sarah Rosenberg, Associate Planner, stating the staff has concluded that all terms and conditions of the preliminary plat approval have been met.
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Report compiled on: June 22, 2020 Attachments: Final Plat, Staff Memorandum
An Improvements Agreement is required for final plat approval of this subdivision. The
improvements agreement guarantees the installation of public sidewalks, infrastructure public
landscape and irrigation improvements. All other necessary infrastructure improvements are constructed.
UNRESOLVED ISSUES: None identified.
ALTERNATIVES: None suggested or proposed.
FISCAL EFFECTS: Fiscal impacts are undetermined at this time, but will include increased
property tax revenues from new development, along with increased costs to deliver municipal services to the property.
Report compiled on: August 7, 2020
Attachments: Final Plat
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BLOCK OPEN SPACE (SF) LOTS (SF)TOTAL (SF)
1 0 27,686 27,686
2 0 28,543 28,543
3 0 22,884 22,884
4 0 34,962 34,962
OS A 58,601 0 58,601
OS B 20,016 0 20,016
R.O.W.43,013
TOTAL 78,617 114,075 235,705
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The Nest – Improvements Agreement Page 1 of 7
IMPROVEMENTS AGREEMENT FOR THE NEST FINAL PLAT (PUBLIC LANDSCAPING, INFRASTRUCTURE, LIGHTING, AND TRAILS)
THIS AGREEMENT is made and entered into this ______ day of __________ 2020, by
and between the Center Arrow Partners, LLC, 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. 18057, for the Final Plat application of THE
NEST (20199), to subdivide 5.41 acres together and create thirteen (13) residential lots and two
(2) stormwater tract, and the remaining areas as public streets; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for
CATRON CROSSING; and
WHEREAS, the Final Plat for THE NEST, is to be filed prior to the installation of all
required subdivision improvements 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
Send Original to: City of Bozeman Department of Community Development P.O. Box 1230 Bozeman, MT 59771
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The Nest – Improvements Agreement Page 2 of 7
Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the
Final Plat approval of The Nest.
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 that are designated and
identified as being:
LEGAL DESCRIPTION LOT R1, BLOCK 5, WESTRBOOK SUBDIVISION, PHASE 4,
IN THE SE1/4 OF SECTION 4, TOWNSHIP21 SOUTH, RANGE 5 EAST,
PRINCIPAL MERIDIAN, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA.
2. Improvements
This Agreement specifically includes the following improvements for THE NEST: public
landscaping, infrastructure, lighting, and trails
The Estimated Cost of said improvements was estimated by C&H Engineering. 1091
Stoneridge Drive, Bozeman, MT 59718, and the estimate has been revised and increased by the
City, with the updated estimated cost of improvements being Three hundred sixteen nine
thousand, four hundred and fifty seven dollars and zero cents ($369,438.00). The estimate is
attached and hereby 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 one
irrevocable standby letters of credit: Letter of Credit No. 00001 for a total amount not to exceed
$550,000 from Fidelity Bank acceptable to the City of Bozeman, which is one hundred and fifty
(150) percent of the Estimated Cost of said improvements.
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The Nest – Improvements Agreement Page 3 of 7
The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed not later than one (1) year of the filing of the final
subdivision plat for THE NEST in order to avoid default on the method of security: PUBLIC
LANDSCAPING, INFRASTRUCTURE, LIGHTING, AND TRAILS
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 NEST.
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
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 Center Arrow
Partners, LLC, PO Box 1633, Bozeman, MT 59771 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
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The Nest – Improvements Agreement Page 4 of 7
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 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
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The Nest – Improvements Agreement Page 5 of 7
No modifications or amendment of this Agreement shall be valid, unless evidenced by a
writing signed 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 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
Clerk and Recorder within 10 business days of the signature of the Community Development
Director.
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The Nest – Improvements Agreement Page 6 of 7
SUBDIVIDER
_______________________________________ BY,
Center Arrow Partners, LLC
TITLE:
STATE OF _____________ ) :ss
County of _________ )
On this _____ day of_____________ 2020, before me, a Notary Public of the State of
___________, personally appeared __________________, known to me to be the subdivider that
executed the foregoing Improvements Agreement, and acknowledged to me that (s)he executed the foregoing instrument as ___________________________ of Spirited Holding Inc, and acknowledged to me that (s)he executed the same for and on behalf of Spirited Holding Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
the day and year first above written. (SEAL)
________________________________
(Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________
(Use 4 digits for expiration year)
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The Nest – Improvements Agreement Page 7 of 7
THE CITY OF BOZEMAN
_______________________________________ BY: MARTIN MATSEN,
DIRECTOR OF COMMUNITY DEVELOPMENT
CITY OF BOZEMAN
STATE OF MONTANA ) :ss County of Gallatin )
On this _____ day of ________________ 2020, 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 Community Development for 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 said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
(SEAL) _________________________________________
(Printed Name Here)
Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year)
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