HomeMy WebLinkAbout14-The Knoll at Baxter West Major Subdivision P-13036 Sidewal and Landscape Improvements Agreement J-514
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Charlotte Mills - Gallatin County, M7 IMP
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IMPROVEMENTS AGREEMENT
FOR
TIME KNOLL AT BAXTER WEST .MAJOR SUBDIVISION
This AGREEMEN"l" is made and entered into this day of �_ � 2014,
by and between BMW, 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. P-12014, for the Final Plat application of The Knoll at Baxter
Test Major S'ubrlivision (#P-I3036), to subdivide 26.314± acres together and create sixty five (65)
single-household residential lots and the remaining area as common open spaces, trails, and
public streets; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for The
Knoll at Baxter West Major Subdivision, and
WHEREAS, the Final Plat for The Knell at Baxter West Major Subdivision, was 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
The Knoll at Baxter West Major Subdivision—Sidewalk& Landscape Improvements Agreement I
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 Plat approval of The Knoll at
Baxter West Major Subdivision.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,
it is hereby agreed as follows:
1. Property Description
,Mis Agreement pertains to, and includes, those properties which are designated and
identified as being:
LEGAL DESCRIPTION—THE KNOLL AT BAXTER WEST (SIDEWALK
IMPROVEMENTS ON LOT FRONTAGE, LANDSCAPE IMPROVEMENTS AND
LIGHTING)
A parcel of land, said parcel being a portion of Tract 1A of the Amended Plat of Baxter
Meadows Subdivion, P.U.D. Phase 1, Tract I (J-353A), being located in the Southwest Quarter
of Section 34, Township I South, Range 5 East of P.M.M., City of Bozeman, Gallatin County,
Montana, and said parcel being more particularly described as follows:
Beginning at the northwest comer of said Tract 1A; thence North 89'52'08" East, on the north
line of said tract, a distance of 1080.32 feet to the northwest comer of Tract A I A of the
Amended Plat of Baxter Meadows Subdivision recorded in Book J of Plats, on Page 353D of
Gallatin County records, said comer being 011 the centerline of Baxter-Border Ditch; thence on
said centerline through the following 5 courses: South 14'18'31" East, a distance of 32.19 feet;
South 03'58'09" West, a distance of 62.90 feet; South 08'57'09" East, a distance of 76.94 feet;
South 02'40'52" East, a distance of 38.39 feet; South 13°54'51" East, a distance of 24.00 feet;
thence South 89'52'48" West, on the north line of Kimberwicke Street, a distance of 68.36 feet,
thence on the west line of said street and on the westerly line of Block 18 of the Plat of Baxter
Meadows Subdivision, Phase 3A though the following 3 courses, South 06°31'17"'' East, a
distance of 603.66 feet; South 01'50'14" East, a distance of 60.66 feet; South 07'30'45" East, a
distance of 177.06 feet; thence on the generally northerly line of said Phase 3A plat through the
following 8 courses: South 80"'44'15" West, a distance of 101.22 feet; on a non-tangent curve to
the left with a radius of 2030.00 feet, a central angle of 1'02'43", an arc length of 37.03 feet and
a chord which bears North 09'47'07" West; North 10'18'28" West, a distance of 15,39 feet;
North 90'00'00" West, a distance of 783.49 feet; on a non-tangent curve to the right with a radius
of 2820.00 feet, a central angle of 01'01'08", an arc length of 50.14 feet and a chord which bears
South 04'19'05" West; North 90'00'00" West, a distance of 130.26 feet; thence South 00'24'37"
West, a distance of 90.00 feet; North 90'00'00" West, a distance of 110.00 feet; thence North
00'24'37" East, on the west line of Section 34, a distance of 1169.86 feet to the Point of
Beginning. The described parcel has an area of 26.314 acres, more or less. The described parcel
is as shown on the accompanying plat and is along with and subject to any existing easements.
The Knoll at Baxter West Major Subdivision—Sidewalk& Landscape Improvements Agreement 2
SUBJECT to al.1 easements of record or apparent from a visual inspection of the property.
2. Improvements
This Agreement specifically includes the following improvements for The Knoll at Baxter West Major
Subdivision: a) lot sidewalk improvements, b) landscape,trails and open space improvements, and c) site
lighting, The Estimated Cost of said improvements for Lot Sidewalk improvements were generated by
C&H Engineering grad Surveying, Inc., 1091 Stoneridge Drive, Bozeman,MT 59718, at One Hundred
Thousand Eight Hundred Fifty Dollars and No Cents ($100,850.00). Thc cost estimate for Landscape,
Trails and Open Space improvements has been estimated by Solstice Landscape, 523 West Babcock
Street,Bozeman, MT 59715, at One Hundred Fifty Six Thousand Seven Hundred Sixteen Dollars and
No Cents ($156,716,00). The cost estimate for site Lighting improvements has been estimated by Bowen
Electric, P.O. Box 1488, Belgrade, MT 59714, at Fifty Five Thousand Two Hundred Thirty Dollars
and No Cents ($55,230.00). Total improvements covered by this Improvement agreement equal One
Hundred Thirty Fifty Six Thousand Seven Hundred Sixteen Dollars and No Cents($156,716,00). The
estimates are attached and 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 a Letter of Credit
(Bank of Arnerica, N.A; $469,194.00) acceptable to the City of Bozeman, which is one hundred and fifty
(150) percent of the Estimated Cost of said improvements. Presentation of this Letter of Credit may be
made by facsimile transmission as stated on the face of the I..,etter of Credit. The Letter of Credit shall be
extended as necessary to maintain the required security.
The Subdivider hereby agrees that the following subdivision related improvements shall be
installed and completed no later than three (3) years after the riling of the final subdivision plat for
The Knoll at Baxter West Major Subdivision: lot sidewalk improvements.
The Knoll at Baxter West Major Subdivision—Sidewalk& Landscape Improvements Agreement 3
The Subdivider hereby agrees that the following subdivision related improvements
shall he installed and completed within one (1)year wf the filing ok the final subdivision plat
for The Knoll ut Baxter West Major Subdivision: a) landscape,trails and open space improvements,
and b) site lighting requirements in order toavoid default ou the method nfsecurity.
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 bnomcb of that duty to complete said
subdivision improvements required for The Knoll at Baxter West Major Subdivision.
Upon submission o/fully documented invoices for the work performed, said work 1oheinspected
and oenl6cd for payment by 5ubdividnr's professional engineers and the City ofl3nzeoouu and or its
uQeu1u as necessary, the City of Bozeman may m:|eauc 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 1m inspect it and to determine if the Subdivider is in compliance with this /\8rccoocot" and the
Subdivider shall permit the City and its representatives 1n enter upon and luupeo1 the property at any
reasonable time.
5^ Default
Time is of the cmmeuue of this /\greooncot. If the Subdivider shall default in or fail to fully
perform any of its obligations in uoofbroouoc with the booc schedule under this Agreement, and such
default or failure shall continue for a period of ten (10) days after written notice specifying the default is
deposited in the United 9Totca mail addressed to the Subdivider at BAIWILC, I35 Grec"hills Ranch
Road, Bozeman, MT597I/L or such other address osthe Subdivider shall provide tu the City from time
to time, without being completely remedied, uu1imfied, and discharged, the City may elect 10 enforce any
of the following specified remedies:
The Knoll at Baxter West Major Subdivision—Sidewalk J& Landscape Improvements Agreement 4
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 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. Warrant
The Subdivider shall warrant that these improvements are made in a good and workman-like
manner and against defects of all improvements 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 either the Subdivider, or The Knoll at Baxter West Major Subdivision Home Owners
Association if, and only if, 75 percent of the lots in The Knoll at Baxter West have been sold or ten (10)
years have passed since the recording of these Covenants,whichever is longer.
The Knoll at Baxter West Major Subdivision—Sidewalk& Landscape Improvements Agreement 5
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 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 at the within 10 business days of the signature of the Community Development Director.
The Knoll at Baxter West Major Subdivision—Sidewalk& Landscape Improvements Agreement 6
SUBDIVIDER
BY- WALT WOLF,
MANAGING MEMBER, BMW, LM,_�
STATE OF MONTANA
:ss
County of Gallatin
On this T—"Iday of 1 2014, before me a Notary Public of the State of
Montana, personally appeared Walt Wolp', '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. *Managin Member of BMW, LLC
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
T\RA L Q IASI I P (Printed Name Here)
/
Nark;w; 1'uhhc o
A f Notary Publ' for the State of Montana
��j I z for 0-1c Sta�c� �K
Ig La Residing at
f3o, ri irl�
My Fxpires: My Commission Expires:
Apiir04, 2017 (Use 4 digits for expiration year)
The Knoll at Baxter West Major Subdivision—Sidewalk& Landscape Improvements Agreement 7
THE CITY OF BOZEMAN
L7,
BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA
'ss
County of Gallatin
On the day of 2014, before me, a Notary Public for the
State of Montana, personally appeared Wendy Thom 4s, known to me to be the person described
in and who executed the foregoing instrument as Community Development Director 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 seat on the day and
year first written above.
,(SEAL)
(Printed Name Here)
le StLOC' of
i'd Pr('J '�I! Notary Public for the State of Montana
[VIont"Ira Residing at NILE
Nlv(,on im
My Commission Expires:
(Use 4 digits for expiration ar)
The Knoll at Baxter West Major Subdivision-Sidewalk& Landscape Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
-----------------------------------------------------------------------------------------------------------------------
Date:
Project. Th e Knoll at Baxter West Major Subdivision
Developer: Walt Wolf
BMW,LLC
-------------------------------------------------------------------------------------------------------------------------------
Improvement Sq. Ft./Ln. Ft Estimated Cost
Interior Sidewalk Improvements
• Kimberwicke Street 1,938 lineal feet
• Andalusian Avenue 1,891 lineal feet
Ferrier Lane 1,311 lineal feet
McCafferty Street 1,286 lineal feet
Thoroughbred Lane 1,642 lineal feet
8,068 lineal feet(5' width) 40,340 sq/ft
Per Square Foot $ 2.50
$100,850.00
Sub Total $100,850.00
150% $._50,4Z5."
$151,275.00
Landscape/Trails and Open Space
Open Space 145,322 square feet
Harper Puckett median 11,394 square feet
156,716 square feet
56,716 sq/ft
Per square foot $ 1.00
$156,716.00
150% $.....18-1358.00
$235,074.00
Site Lighting
Bowen Electric Quote $ 55,230.00
150% ` 27,_615,0
$ 82,845.00
Total of all Improvements $312,796,00
150% $156,398.00
$469,194.00
Approved by City Engineer's Office 17 7 —Date 1 /7 114J
The Knoll at Baxter West Major Subdivision—Sidewalk& Landscape Improvements Agreement 4
BMW, LLC
The Knoll At Baxter West Bond
12-Dec-13
INTERIOR SIDEWALKS
Kimberwicke St. 1,938 Lineal feet
Andalusian Ave 1,891 Lineal feet
Farrier Lane 1,311 Lineal feet
McCafferty St 1,286 Lineal feet
Thoroughbred Ln 1,6421-ineal feet
Total Lineal feet 8,068
8,068
Sidewalk width X 5'
Total Interior square feet 40,340 Square feet
Per foot price X$2.5
$ 100,850
150%
Bond Interior Sidewalks $ 151,275
LANDSCAPE/TRAILS AND OPEN SPACE
Open Space 145,322 Square Feet
Harper Puckett median 11,394 Square Feet
156,716 Square Feet
Total Landscape/Trails Square Feet 156,716
Per foot Price x$1
$156,716.00
150%
Bond Landscape/Trials $235,074.00
SITE LIGHTING
Bowen Electric Quote $ 55,230.00
150%
$ 82,845.00
rBOWEN PO BOX 1488
BELGRADE, NIT 59714
Ija ELECTRIC Email:
bowen.eiericCvahoa. m
6 Poles @ $2,805 ea $16,830
6 Ballards @ $600 ea $3,600
Pole Bases $6,000
Bollard Bases $1,500
`Hire $6,200
Service $2,600
Labor $18,000
Total $55,230