HomeMy WebLinkAbout13- The Crossing 2 at Baxter Meadows Major Subdivision, Holyoke Phases 4B-4E and 4I Improvements Agreement J-511
Cin of Bozeman.
Department of Community Developli-iclit
P.O.Box 1230
Bozeman,NfT'59771
IPLATUD
246255131
Page, i or 12 09/1312013 10:37 56 AM Fee $12 00
Charlotte Mills - Gallatin County, MT IMP
1111111111111111111111111111111111111111111111!111111111111111111 IN
IMPROVEMENTS AGREEMENT
FOR
THE CROSSING 2 AT BAXTER MEADOWS MAJOR SUBDIVISION,PHASES 4B-4E
AND 41
This AGREEMENT is made and entered into this I day of
2013, by and between 14OLYOKE V, INC, hereinafter called the
"Subdivider", by and ICCL, LLC, hereinafter called the "Contractor for Deed", 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, P-11017, for the Final Plat application of
The Crossin,-, 2 at Baxter Meadows Major Subdivision, Phases 4B-4E and 41 (#P-13027), to
subdivide 36.94± acres together and create seventy-four (73) single-household residential lots,
one (1) multi-family residential lot, one (1) area reserved for future phases 4174H, and the
remaining area as public parklands, open spaces,public streets and alleyways, and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for The Crossing 2 at Baxter Meadows Major Subdivision, Phases 4B-4E and 41; and
The Crosshig 2 at Baxter Metulows Aftirior Subdivision, Phases 4B-4E and 41-improvements Agreement I
WHEREAS, it is the intent of the Subdivider to file the Final Plat for The Crossing 2 at
.Baxter Meadows Major Subdivision, Phases 4,B-4E and 41, prior to the installation of all
required subdivision improvements; and
WHEREAS, it is the intent and purpose of the Subdivider and Contractor and the City to
hereby enter into an Agreement which will guarantee the frill and satisfactory completion of the
required improvements related with the property hereinafter described; and it is the intent of this
Agreement, and of the parties hereto,to satisfy the improvements guarantee requirements for the
Final flat approval of The Crossing 2 at Baxter Meadows Major Subdivision, Phases 4B-4E
and 4I
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
1. Propertl DescT ription
This Agreement pertains to, and includes, those properties which are designated and
identified as being:
The Crossing 2 at Baxter Meadows Major Subdivision, Phases 4B-4E and 41,a tract of
land, said tract being a portion of Lot R-1 of Amended Plat J-485A said tract being located
in the Northeast Quarter of Section 3, Township 2 South,Range 5 East,Principal Meridian
Montano,City of Bozeman, Gallatin County,Montana and being further described as
follows:
Beginning at the northeast corner of said Section 3;thence South 01"33'52" West, on the
east line of said section, a distance of 1553.04 feet;thence North 90'00'00"West, on the
northerly line of Tract 3A-I of Certificate of Survey No. 22028, a distance of 331.50
feet; thence on said northerly Iine through a curve to the right with a radius of 1200.00
feet, a central angle of 25"45'04", and an arc length of 539.33 feet;thence North
25'45`04" East, a distance of 120.00 feet; thence on a non-tangent curve to the right with a
radius of 1080.00 feet, a central angle of 14"20'14",an arc length of 270.25 feet, and a
chord which bears North 5704'49. West, a distance of 269.54 feet; thence North 40'05'18
East,a distance of 178.13 feet, thence North 40'20'16" West, a distance of 120.00 feet;
thence North 49"3944" East, a distance of 43.60 feet; thence on a curve to the right with a
radius of 1.60.00 feet, a central angle of 40'02'14'', and an arc length of l 11.80 feet;
thence North 0018'02" West, a distance of 60.00 feet; thence on a non-tangent curve to
The Crossing 2 a#,Baxter Meadows Major Sithdivision,Phases 4B-4E acrd 41—Improvements Agreement 2
the left with a radius of 220.00 feet, a central angle of 08'50'58", an are length of 33.98
feet, and a chord which bears South 85"1.6'29" West, a distance of 33.95 feet; thence
North 31'15'20" West, a distance of 48.86 feet; thence North 00'18'02" West,a distance
of 110.72 feet, thence North 89°" 41'58• East, on the south line of the Plat of Baxter
Meadows, Phase 4A, a distance of 190.00 feet to the southeast corner of Caspian Avenue
as platted on said Phase 4A; thence North 00 18'02"West, on the cast line of Caspian
Avenue and its northerly extension, a distance of 670.00 feet, thence North 89''41'58"
East, on the north fine of Section 3, a distance of 770.00 feet to the Point of Beginning.
2. Improvements
This Agreement specifically includes the following improvements: a)open space landscape
improvements, b) common open space bridge, and c) City standard boulevard sidewalks. The
total Estimated Cost of said improvements has been estimated at One Hundred Thirty-Six
Thousand Five Hundred and Seven Dollars and no Cents ($136,507.00) of which the Subdivider
is securing Fifty-Eight Thousand Nine Hundred and Eighty Dollars and No Cents (58,980.00)
and a Contractor for Deed is Securing Seventy-Seven Thousand Five Hundred and Twenty-
Seven Dollars and No Cents (77,527.00), which cost is attached and made a part of this
Agreement, as Exhibit"A".
3. Financial Guarantee Time for Com letion 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
financial security in the form of a financial guarantee or guarantees acceptable to the City of
Bozeman, equal to one hundred and fifty (150) percent of the Estimated Cost of said
improvements.
The financial security shall be in full force and effective until the work is completed by
the Subdivider and Contractor and accepted by the City of Bozeman. Said financial security
7'lie Crossing 2 at.Baxter Meadows Major Suhdhision,Phases 413-4E and 41—Improvements Agreement 3
shall be automatically renewed or extended at a minimum thirty (30) days prior to the expiration
date if all required subdivision improvements are not installed at that time.
The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed within one (1)year of the filing of the final subdivision plat
for The Crossing 2 at Baxter Meadows Major Subdivision, Phases 4B-4E and 41:: a) open
space landscape improvements and b) open space bridge.
The Subdivider and Contractor agrees all boulevard sidewalks for individual
subdivision lots in Phases 4B-4E and 41 shall be installed and completed with issuance of a
building permit and prior to issuance of an occupancy permit or within three (3) years of
the filing of the final plat for The Crossing 2 at Baxter Meadows Major Subdivision, Phases
4B-4E and 41 whichever comes first, in order to avoid default on the method of security.
The Subdivider and Contractor agrees that no delegation of performance required by this
agreement shall relieve the Subdivider and Contractor of any duty to perforrn or any liability for
the breach of that duty to complete said subdivision improvements required for The Crossing 2
at Baxter Meadows Major Subdivision,Phases 4B-4E and 41.
Upon submission of fully documented invoices for the work performed, said work to be
inspected and certified for payment by Subdivider and Contractor's professional engineers and
the City of Bozeman and or its agents as necessary, the City of Bozeman may release a portion
of the security 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
The Crossdaag 2 at Baxter Meadows Major Suhalivision,Phases 4.8-4E and 41—Improvements Agreement 4
this Agreement,and the Subdivider shall pen-nit the Cityand its representatives to enter upon and
inspect the property uJ any reasonable time,
5. Default
Time is of the essence of this Agreement. If the Subdivider and Contractor 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
Holyoke V, Duo., 2@ North Tracy Avenue, Bozeman M7[ 59715 or such other address aathe
Subdivider shall provide to the City trom &oon 10 1boe, or to the Cuo1ruo1mr at ICC]L |L]LC, 219
Milbank Ave West Path, Greenwich, C1[ 06830 or such other address as the Contractor for
Deed sboO provide (othe City 6ozo time to time, without being completely remedied, satisfied,
and discharged,the City may elect to enforce any of the following specified remedies:
/\) The City ozoy, at its option, dco|urc the upp|lcoh\e fiuoociuJ security to be
forfeited and mcourc the complete oomgroc1ino and bu@zeoiioo of the
improvements described herein. The City's rcproyoo1abvc, contractors, and
engineers shall have the right 1n cu(wr upon the property and perfonn such work
and inspection, and the Subdivider and Contractor shall permit and secure any
additional permission rcgoinsd to enable them to do so. In the c=ent that any
funds remain from the Gnmocin1 aoomi1y upon completion of all 'improvements,
such funds mboJl be promptly returned to the Subdivider or CVu1rootur as
applicable.
8) The City may enforce any other remedy provided by law.
6. Indemnification
The Subdivider and Contractor hereby expressly ngm:oo to indemnify and hold the City
harmless for and ugojout all claims, costs and liability of every kind and nature, for injury or
danuagc received or sustained by any person or entity in 0000uotimo vvitb` or no account of the
performance of work at the development site and <dycvvhurc pocsnuui to this Aurrcnzcct.
The Crossing 2 at BaxterAleadotils MajorSuhdivision,Phasex 4B-4E and 41—Improvements Agreement 5
Subdivider and Contractor 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 and Contractor. Neither the Subdivider nor
Contractor is an agent or employee of the City.
7. Attorney Fees
In the event it becomes necessary for any 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 and Contractor 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 Subdivider and Contractor pursuant to
section 39.26,100 of the Bozeman Zoning 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 be valid, unless evidenced by a
writing; signed by the parties hereto.
11. Invalid Provision
The Crossing 2 at uxter llearlows Hajor Subdhislon,Phases 471-4E wid 4l—improvements Agreement 6
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 and Contractor slYall not assign this Agreement
in whole, or in part, without prior written consent by 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. Film
,Me Subdivider shall have this Agreement recorded in the Office of the Gallatin County
Clerk and Recorder at the same time the Final Subdivision Plat for The Crossing 2 at Baxter
Meadows Major Subdivision, Phases 4B-4E and 41 is filed.
Tile Crossing 2 at Baxter Meadows MajorSubdNisiau,Phases 4B-4L and 41—Improvements Agreement 7
SUBDIVIDER
BY: ANDREW D. HOLLORAN,
VICE PRESIDENT, HOLYO E IV, TNC
STATE OF MONTANA
:ss
County of Gallatin )
On this JQ day of 2013, before me a Notary Public of the State of
Montana, personally appeared Andrew D. Holloran, known to me to be the Person that executed
the foregoing Improvements Agreement, and acknowledged to :me that they executed the same
for and on behalf of said Subdivider.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAT_,)
r� (Pri led Naive Here)
L_JWyr Notary Public for the State of 1410 ntana
twie State cat r anter7a Residing at
Resodin e-pg aae r ��te y ComtnisS orr EXpires:
Comm"s an Expires: (l�Se�l digits for expiratlf}Il yeal')
22,20TH
Tire Crossing 2 at Baxter Meadows Major Subdivision,Phases 4B-4E rind 41 Imp rovements Agreement 8
�
STATE OF MONTANA )
.ou
County ofGallatin )
On this [/t day of 2013, before me a Notary Public of the State of
88notuum, personally uppnocoU - , known tormetmbo the person
that executed the foregoing IzupzoveozcoA Agreement, and acknowledged to me that they
executed the same for and on behalf of said Contractor for Deed
|N WITNESS WHEREOF, [ have hereunto set ooy hand and affixed ozy Notarial Seal the day
and year first above written.
Notary PublIc
:,�o'TARI,j for the State of Montana
(Printed Narne Here)
ail
Notary Public e. State of Montana 9 Residing at:
t Bozeman, Montana
Residing at My Commission Expires:
y Co mission Expires:
(U 4 digits for expiration year)
The Crossing 2ut BuxuerAleudowa,1/«/o/Su6dhfmion'Phases 4D-4E and 4/—improvements Agreement 9
THE CITY OF BOZEMAN
BY- WENDY THOMAS
�
COMMUNITY DEVELOPMENT DIRECTOR
CITY UFBOZEMAN
STATE DFMONTANA }
:na
County oIGallatin )
On the day of 20K3. before me, a Notary Public for the State
of Montana, personally appeared Wendy Thomas, known to me to be the person described in and
who executed the fhregoi louhnnzeot as Community Development Director of the City of
Bozeman, whose name is subscribed to the within instrument and acRnowledged to me that she
executed the same for and ou behalf mfsaid City.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my oca| on the day and
year first written above.
)� Notary' ' – 4(Prited �onnel{cro) -
Notary Public for the State mfMontana
Residing at
-- — My Commission Expires:
(\/mu4 digits for expiration veor
TheCrossing 2 at Baxter Meadows Major Suhdivision,Phases 4B-4E and 41—Improvements Agreement 10
EXHIBIT"A"
ESTIMATED COST FOR IMPROVEMENTS
Date:
Project: The Crossing 2 at Baxter Meadows Major Subdivision,Phases 4B-4E and 4I
Developer: Andrew D.Holloran
Vice President, Holyoke V,Inc..
Contractor for Deed: ICCL LLC
Improvement Sq. Ft./Ln. Ft Estimated Cost
Common Open Space Bridge - Subdivider Per Intrisik.Architecture Estimate $ 12,500.00
Street Boulevard Sidewalks- Subdivider Per Estimate Exhibit B $ 46,480.00
Street Boulevard Sidewalks- Contractor for Deed Per Estimate Exhibit B $ 77,527.00
Total Improvements=$ 136,507.00
Subdivider's Subtotal = $ 58,980.00
x 1.5 = $ 88,470.00
Contractor for Deed's Subtotal = $ 77,527.00
x 1.5 = $ 116,290.50
F'
Approved y Ci y Engineer's Office
Date j fly,-�a
The Crossing 2 at Barter Meado)vs Major Subdivision,Phases 4'B-4E and 41—lmpro)7ements Agreement I t
The Crossing 2 Subdivision
improvements Agreement Estimates
Boulevard Sidewalk
�� �/��r� � ww ��� �mww�
em�mmadCoo�mebased on$uso�qum,wmx#
ICCL LOTS VLvOne V,INC.LOTS
Square Square
Feet of Feet of
Block Lot Phase Sidewalk Estimated Cost Block Lot Phase Sidewalk Estimated Cost
Block 2 1 4B 1,010 $3,535 Block 7 1 4D 935 $3,273
Block 2 2 4B 350 $1,225 Block 7 2 4D 325 $1,138
Block 2 3 4B 350 $1,225 Block 7 3 4D 325 $1,138
Block 2 4 Q 350 $1 225 Block 7 4 4D 325 $1,138
Block 2 5 4B 350 $1,225 Block 7 5 4D 325 $1,138
Block 2 6 4B 350 $1,225 Block 7 6 4D 325 $1,138
Block 2 7 4B 360 $1,261 Block 7 7 4D 325 $1,138
Block 2 8 4B 327 $1,145 Block 7 8 4D 325 $1,138
Block 2 9 4B 438 $1,534 Block 7 9 4D 325 $1,138
Block 2 10 4B 350 $1,225 Block 7 10 4D 355 $1,243
Block 2 11 4C 360 $1,225 Block 7 11 4E 325 $1,138
Block 2 12 4C 330 $1,155 Block 7 12 4E 325 $1,138
Block 2 13 4C 350 $1,225 Block 7 13 4E 325 $1,138
Block 2 14 4D 350 $1,225 Block 7 14 4E 325 $1,138
Block 2 15 4D 350 $1,225 Block 7 15 4E 325 $1,138
Block 2 16 4D 1,000 $3,500 Block 7 16 4E 325 $1,138
Block 4 1 4A 985 $3,448 Block 7 17 4E 325 $1,138
Block 4 2 4A 360 $1,260 Block 7 is 4E 325 $1,138
Block 4 3 4A 360 $1,260 Block 7 19 4E 360 $1,260
Block 4 4 4A 360 $1,260 Block 8 1 4E 520 $1,820
Block 4 5 4A 360 $1,260 Block 8 2 4E 350 $1,225
Block 4 7 4A 985 $3,448 Block 8 4 4E 350 $1,225
Block 4 8 4B 985 $3,448 Block 8 5 4E 350 $1,225
Block 4 9 4B 360 $1,260 Block 8 6 4E 350 $1,225
Block 4 10 4B 360 $1,260 Block 8 7 4E 350 $1,225
Block 4 11 4B 360 $1,260 Block 8 8 4E 450 $1,575
Block 4 12 4B 360 $1,260 Block 8 9 41 2,075 $7,263
Block 4 13 4B 360 $1,260 Block 10 14 4D 935 $3,273
Block 4 14 4B 950 $3,325 Block 10 15 4D 350 $1,225
Block 6 1 4C 1,010 $3,535
4C 350 $1,225 Total Cost of Sidewalk
Block 6 3 4C 350 $1,225
Block 6 4 4C 350 $1,225
Block 6 5 4C 350 $1,225
Block 6 6 4C 350 $1,225
Block 6 7 4C 1,090 $3,815
Block 6 8 4D 1,080 $3,780
Block 6 9 4D 350 $1,225
Block 6 10 4D 350 $1,225
Block 11 ^o aoo $1,225 Grand Total Cost uf All Sidmwu|wy
Block 6 12 4D 350 $1,225
Block 6 13 4D 330 $1,155
Block 6 14 4D 1,020 $3,570
Total Cost o,a/dnwavk
J:�0,1 1\B1 1-079 Andy Holloran-The Crossing(Baxter Meadows Phase 4)\DOCUMENTS\Final Plat ApplicationVmprovements Agreement
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