HomeMy WebLinkAbout14-Kagy Gardens Minor Subdivision Improvements Agreement Minor Sub 464
City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230 J11
nct
2482855
Page. 1 of 9 06/06/2014 04:57 38 PM Fee, $63.00
Charlotte Mills - Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
KAGY GARDENS MINOR SUBDIVISION
This AGREEMENT is made and entered into this�day of , 2014,
by and between Panache Properties, 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 Bali, 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-13120, for the Final Plat application of Kagy Gardens Minor
Subdivision (#P-14012), to subdivide 2.7175 acres together and create five (5) single-household
residential lots and the remaining area as common open spaces and public streets; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for Kagy
Gardens Minor Subdivision; and
WHEREAS, the Final Plat for Kagy Gardens Minor 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
Kagy Gardens Minor Subdivision—Landscape Improvements Agreement 1
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 Kagy Gardens
Minor Subdivision.
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:
LEGAL DESCRIPTION—KAGY GARDENS LANDSCAPE AND IRRIGATION
IMPROVEMENTS
A parcel of land described in Book 134,Page 415 and Book 146, Page 198, located in the
Southeast One-Quarter(SE 114)of Section 18, Township Two South(T2S),Range Six East
(R6E), PMM, City of Bozeman, Gallatin County,Montana, and said parcel being more
particularly described as follows:
Beginning at the northwest corner of the property shown on the Certificate of Survey in Book
134 of Deeds, Page 415; thence easterly 100'50'14", assumed azimuth from north, 364.82 feet
along the North line of said property to the Northwest corner of Lot 6, Lewis Subdivision; thence
southeasterly 148°37'50" azimuth, 179.05 feet along the East line of Lewis Subdivision;thence
southerly 160°57'25" azimuth, 95.08 feet along said east line; thence westerly 269°24'57"
azimuth,320.30 feet along the south line of the boundary shown on the Certificate of Survey in
Book 146 of Deeds, Page 198; thence northerly 002°13'41" azimuth, 2.94 feet to a point on the
north right of way line of Kagy Boulevard, said point being on a curve with the center of circle
lying northerly 002°13'41" azimuth, 3908.36 feet from said point;thence westerly 56.16 feet on
said curve,radius 3908.36 feet, and central angle of 00°49'24", along said north right of way line
to a point on the west line of the boundary shown in said Book 146 of Deeds, Page 198;thence
northwesterly 322°07'27" azimuth, 113.63 feet along the west line of the boundary shown in said
Book 146 of Deeds,Page 198 to a point on the south boundary of the property shown in said
Book 134 of Deeds, Page 415;thence westerly 283°31'57" azimuth, 120.78 feet along said south
boundary; thence northeasterly 022°5645" azimuth, 207.56 feet along the west boundary of the
property shown in said Book 134 of Deeds, Page 415 to the point of beginning.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
Kagy Gardens Minor Subdivision—Landscape Improvements Agreement 2
2. Improvements
This Agreement specifically includes the following improvements for Kagy Gardens Minor Subdivision
for public boulevard landscaping and irrigation. The Estimated Cost of said improvements for Public
Boulevard landscaping and irrigation were generated by Cashman Nursery, 2055 Springhill Road,
Bozeman, MT 59718 and C&H Engineering and Surveying, Inc, 1091 Stoneridge Boulevard,
Bozeman,MT 59718, at One Thousand Three Hundred Seven Dollars and No Cents($1,307.00). 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 cash deposit (recept
dated 3/4/14, Sovulewski Construction check No. 1634) of$1,960.00 acceptable to the City of Bozeman,
which is one hundred and fifty(150)percent of the Estimated Cost of said improvements.
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 Kagy Gardens Minor Subdivision: public boulevard landscaping and irrigation requirements in
order to avoid default on the method of security.
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 Kagy Gardens Minor Subdivision.
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 cash for the work completed by the
referenced invoices.
4. Inspection
Kagy Gardens Minor Subdivision—Landscape Improvements Agreement 3
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 ten (10) days after written notice specifying the default is
deposited in the United States mail addressed to the Subdivider at Panache Properties, LLC, 4152
Penwell Bridge Road,Bozeman,MT 59718, 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 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.
Kagy Gardens Minor Subdivision—Landscape 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 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 Kagy Gardens Minor Subdivision Home Owners Association if,
and only if, 80 percent of the lots in Kagy Gardens Subdivision have been sold or ten (10) years have
passed since the recording of these Covenants,whichever is longer.
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
Kagy Gardens Minor Subdivision—Landscape Improvements Agreement 5
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. FillinLy
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.
Kagy Gardens Minor Subdivision—Landscape Improvements Agreement 6
SUBDIVIDER
e vyt-r�'
BY: DAVID SOVULEWSKI,
MEMBER, PANACHE PROPERTIES, LLC
STATE OF MONTANA )
:ss
County of Gallatin )
On this �- day of A90 1 , 2014, before me a Notary Public of the State of
Montana,personally appeared l3avid Solulewski, 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.
(SEAL)
Susan Hialmarsson
��ALMg9% Notary Public (Printed Name Here):5VC&(
s�''=.for the State of Montana NotaryPublic for the State of Montana
ao�Aarat'.z Residing at:
Cn. * Montana Residing at /i�/CI7
N�.SEAL:_� goxeman,
My commission Exalres: My Commission Expires: /
July 16,2015
_ (Use 4 digits for expiratio yea
Kagy Gardens Minor Subdivision—Landscape Improvements Agreement 7
THE CITY OF BOZEMAN
BY:WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
n
On the day of - V , 2014, 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 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 seal on the day and
year first written above.
SEAL
�LHAS'' THi'i� L t
~�oznr�rq�� Ilk
for the Statc Of (Printed Name Here)
F,es�'jtr,.a �t Notary Public for the State of Montana
a . Residing at
y* �,: My Gomm sston( xp;r s
For\��} . r,pril 0�4,ace My Commission Expires: C
(Use 4 digits for expiration year)
Kagy Gardens Minor Subdivision—Landscape Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
-------------------------------------------------------------------------------------------------------------------------------
Date•
Project: Kagy Gardens Minor Subdivision
Developer: David SovulewsId
Panache Properties, LLC
-------------------------------------------------------------------------------------------------------------------------------
Improvement Sq.Ft./Ln. Ft Estimated Cost
Landscape/Irrigation
Boulevard Length 74 linear feet
Boulevard Area 555 square feet
Unit Costs
Top Soil $ 40.00 per cubic foot
Seed $ 0.20 square foot
Irrigation System $ 10.60 foot
Cost Estimate
Top Soil $ 411.00
Seed $ 111.00
Irrigation System $ 784.00
$ 1,307.00
$ 1,307.00
150% $ 653.00
Financial Guarantee $ 1,960.00
Approved by City Engineer's Office '� a e
Kagy Gardens Minor Subdivision —Landscape Improvements Agreement 9