HomeMy WebLinkAbout13- Meadow Creek Subdivision Phase One Improvements Agreement City of Bozeman
Department of Planning and Conununity Development
P.O. Box 1230
Bozeman, N4T 59771-1230
IMPROVEMENTS AGREEMENT
FOR
MEADOW CREEK SUBDIVISION,PHASE ONE
BOZEMAN 1,LLC
This AGREEMENT is made and entered into this day of—AWIL,—l—,
2013, by and between DANNY T. SKARDA, Managing Member of BOZEMAN 1, LLC, Rocky
Mountain Bank, 2901 W. Main Street, Bozeman, MT 59718, hereinafter called the "Landowner",
and the CITY OF BOZEMAN, a municipal corporation and political subdivision of the State of
Montana, with offices at 411 East Main Street, P. O. Box 1230, Bozeman, MT 59771-1230,
hereinafter called the "City".
WHEREAS, it is the intent and purpose of the Landowner to meet the conditions of
preliminary plat approval, Planning Application No. P-05053 and the Final Plat application,
Planning Application No. P-06058 of Meadow Creek Subdivision, Phase One, to subdivide
118.4709± acres and create 155 residential lots; and
WHEREAS, the Landowner recognizes the need to satisfy the improvements guarantee
requirements for the Final Plat approval of Meadow Creek Subdivision, Phase One and to
guarantee the full and satisfactory completion of the required improvements related with the
property hereinafter described; and
WHEREAS, the Landowner has requested an extension to complete the remaining required
subdivision improvements for Meadow Creek Subdivision,Phase One; and
WHEREAS, it is the intent and purpose of both the Landowner and the City to hereby enter
into an new 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,
Meadow Creek Subdivision,Phase One,Bozeman 1,LLC,2013 Improvements Agreement I
and of the parties hereto, to satisfy the improvements guarantee requirements for the Final Plat
approval of Meadow Creek Subdivision, Phase One.
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:
A tract of land situated in portions of the SWI/4NEI/4, SE1/4SWI/4, and WI/2SEI/4 of
Section 23, T. 2. S., R. 5 E., P.M.M., Gallatin County, Montana, more particularly described
as follows, to-wit:
Beginning at a point which is the southeast comer of Lot 27 of Genesis Business Park
subdivision; thence from said point of beginning S 01'02'41" W, 337.74 feet along the west
line of Minor Subdivision 235; thence
S 01002'09" W, 923.12 feet; thence S 00'45'24" W, 77.29 feet; thence S 01'03'32" W, 669,17
feet to the southerly right-of-way limit of Enterprise Boulevard; thence N 88'53'05" W, 39.44
feet along said right-of-way limit to a point of curve; thence clockwise along a curve with a
radius of 380.00 feet an arc distance of 317.94 feet (chord bearing N 64'54'55"' W, chord
length 308.75 feet) to the southerly right-of-way limit of Parkway Avenue; thence
S 52"19'53" W, 90.04 feet to a point of curve; thence counterclockwise along a curve with a
radius of 770.00 feet an arc distance of 688.94 feet (chord bearing S 26'41'57" W, chord
length 666.19 feet); thence
S 01°04'01" W, 101.49 feet to the northerly right-of-way limit of Ainsworth Drive; thence S
8805747 E, 161.31 feet; thence S 01'04'01 W, 181.83 feet to a point of curve; thence
counterclockwise along a curve with a radius of 485.00 feet an arc distance of 106.36 feet
(chord bearing S 05'12'56" E, chord length 106.15 feet), thence S 11'29'53" E, 33.91 feet;
thence clockwise along a curve with a radius of 515.00 feet an are distance of 116.47 feet
(chord bearing S 05°01'10" E, chord length 116.22 feet);thence
S 01027'34" W, 306.42 feet, thence clockwise along a curve with a radius of3l5.00 feet anarc
distance of 54.79 feet (chord bearing S 06'26'32" W, chord length 54.72 feet); thence S
11025"31" W, 101.63 feet; thence counterclockwise along a curve with aradius of 285.00 feet
an arc distance of 42.75 feet (chord bearing S 07'07'41" W, chord length 42.71 feet); thence S
02049'51" W, 103.12 feet to the northerly right-of-way limit of Last Loop Drive; thence S
21"31'34" W, 64.64 feet to the southerly right-of-way limit of Last Loop Drive; thence S
01"01'54" W, 258.86 feet to the south line of Section 23; thence N 8858'06" W, 786.91 feet
along said line to the south 1/4 comer of Section 23; thence N 8849'22" W, 1328.27 feet to
the west 1/16th comer common to Sections 23 and 26; thence N 01'19'12" E, 1331.29 feet
along the west 1/1 6th line of Section 23 to the southwest 1/1 6th comer of said section; thence
S 88050'58" E, 1331.58 feet along the south 1/16th line to the center-south 1/16th comer;
Meadow Creek Subdivision,Phase One,Bozeman 1,LLC,2013 Improvements Agreement 2
thence N 01027'44" E, 1378.08 feet to the northerly right-of-way limit of Graf Street; thence S
88053'38" E, 562,85 feet to the westerly line of the Certificate of Survey on file in the clerk &
recorders office of Gallatin county on Film 9, Page 1156; thence N 04'25'12" E, 23.20 feet;
thence
N 26°11' 0" E, 78.28 feet; thence N 00'33'44" W, 1203.91 feet to the south line of Genesis
Park subdivision; thence S 88'34'05" E a distance of 738.75 feet to the Point of Beginning,
containing 118.4709 acres, more or less, subject to any easements and or rights of way of
record or apparent on the ground.
2. Improvements
This Agreement specifically includes the following subdivision improvements for Meadow
Creek Subdivision, Phase One; a) boulevard sidewalks, and b) seeding of designated public trail
corridor for Block 10 and Block 14. The Estimated Cost of said improvements has been updated
and revised by Morrison Maierle, Inc., 2880 Technology Boulevard West, P.O. Box 1113,
Bozeman, MT 59771 at Two Hundred and Forty Five Thousand, Eight Hundred and Thirty
Three Dollars and No Cents ($245,833.00) and is attached and made a part of this Agreement, as
Exhibit "A".
3. Financial Guarantee,Time for Completion of Improvements
It is the Landowner's intent with this Agreement to complete all required subdivision
improvements related to the subject property. Therefore, this Agreement shall be secured by a
financial guarantee in the form of a Letter of Credit, which is one hundred and fifty (150) percent of
the Estimated Cost of said improvements.
The financial guarantee shall be in full force and effective for a minimum of two (2) years,
or until the work is completed by the Landowner and accepted by the City of Bozeman. The
Landowner hereby agrees that the remaining subdivision improvements will be completed
and accepted by the City of Bozeman based on the following time line: 1) seeding of public
trail corridor for Block 10 and 14, Meadow Creek Subdivision, Phase One to be completed
and established prior to May 30, 2013 and 2) remaining boulevard sidewalks completed prior
to December 4,2014, in order to avoid default on the method of security.
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. Said financial guarantee shall be
Meadow Creek Subdivision,Phase One,Bozeman 1,LLC,2013 Improvements Agreement 3
automatically renewed or extended within thirty (30) days of the expiration date if all required
subdivision improvements are not installed at that time.
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 Landowner 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 Landowner at 29,01 W. Main
Street, Bozeman,MT 59718, or such other address as the Landowner 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 Landowner shall pen-nit 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.
13) The City may enforce any other remedy provided by law.
6. Indemnification
The Landowner 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. Landowner 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
Landowner. The Landowner is not an agent or employee of the City.
Meadow Creek Subdivision,Phase One,Bozeman 1,LLC,2013 Improvements Agreement 4
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 Landowner 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. All landscaped areas required by this
Agreement shall be permanently maintained by the Landowner pursuant to section 3 8.26.100 of the
City of Bozeman Unified Development Code.
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 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
The responsibilities and benefits of this Agreement to the Landowner may not be assigned in
whole, or in part, without the express written approval of the City. Such approval may not be
withheld unreasonably, but any unapproved assignment is void. There is no prohibition on the right
of the City to assign its rights under this Agreement. The City shall release the original Landowner
from their liability under this agreement if it accepts and approves a proper assignment from any
developer or lender who obtains the property. Transfer of said lands shall not release any developer
or lender who obtains the property from the responsibility of completing said required subdivision
improvements, unless otherwise approved by the City.
Meadow Creek Subdivision,Phase One,Bozeman 1,LLC,2013 Jmprovements Agreement
13. Successors
Except as provided in paragraph twelve(12), 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.
14. Filing
The Landowner shall have this Agreement recorded in the Office of the Gallatin County
Clerk and Recorder within ten (10) workings days of being executed by the Landowner and City.
LANDOWNER
T.
By: Da y �S�aga, WagingWagingPartner
Bozeman 1, LLU
STATE OF MONTANA
County o4 :ss
el
V,
On this day of ft 2013, before me a Notary Public of the State of
Montana, personally appeared T. Skarda, Managing Partner, Bozeman 1, LLC, known to me
to be the representative that executed the foregoing Improvements Agreement, 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 seal the day and year
first above written.
(SEAL)
eared anny
(Printed Nam 11&)
PEGGY 10 BRIDGES Notary Public for the c of Montana
rileNOTARY PUBLIC for the Residing at
NOTARIA STATE OF MONTANA My Ca scion Expires.
SFAL Reskfing at Billings, Montana (��digits for expiration year)
My Commission Expires
SEPTEMBER 30,2014
Meadow Creek Subdivision,Phase One,Bozeman 1,LLC,2013 Improvements Agreement 6
THE CITY OF BOZEMAN
By: Wendy Thomas,
Director of Community Development
STATE OF MONTANA
:ss
County of Gallatin
en
On the 6 day of 2013, before me, a Notary Public for the State of
Montana, personally appeared Wend Thomas, known to me to be the person described in and who
executed the foregoing instrument as Director of Community Development 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.
KA ERINE MAUVES
Notary Rubllc
n ed Name Here)
for the state of Montana 4((Prin ed Name
Residing at:
Belgrade, Montana Notary Public for the State of Montana
My commission Expires: i Residing at
July 22,2016 i My Commission Expires-
(Use 4 digits for expiration year)
Meadow Creek Subdivision,Phase One,Bozeman 1,LLC,2013 Improvements Agreement 7
a
EXHIBIT "A»
ESTIMATED COST FOR IMPROVEMENTS
Date: °�---(:)
Project:. Meadow Creek ulbdivi 'on, Phase e
Landowner: Danny Skarda
Managing Member,Bo ,LLC
imovement Sq. Ft,/Ln. Ft Estimated Cast
Boulevard Sidewalks Per Morrison Maierle Estimates $ 225,607.00
Trail Corridor Hydro Seeding Per Morrison Maierle Estimates $ 20,226..00
Total = $ 245,833.00
x 1.5 = $ 368,749.50
Approved by City Engineer's Office Date
Meadow Creek subdivision,Phase one,Bozeman 1,LLC,2013 Improvements Agreement 8