HomeMy WebLinkAbout07- Baxter Apartments Minor Subdivision, Phase 1 MI NUR 4 V 4
Inter-office Original to:
City of Bozeman
Planning Department
20 East Olive Street
Baxter Apartments Minor Subdivision Phase 1 #P-07009
IMPROVEMENTS AGREEMENT FOR
BAXTER APARTMENTS MINOR SUBDIVISION, PHASE 1
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this 11+tn dayof VY\CLkA ,2007,by
and between Fairview Investments,LLC, 1725 DeSaIes NW, Suite 900,Washington,DC 20036,hereinafter
called the "Subdividers",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 Subdivider to meet the conditions of approval
of a minor subdivision preliminary plat application #P-06055 for the Baxter Apartments Minor
Subdivision to divide 20.118 acres into 5 residential lots and more specifically minor subdivision final
plat application#P-07009 to create 1 residential lot and 1 remainder lot on property generally located on
the southeast comer of the intersection of Baxter Lane and North 27th Avenue; and
WHEREAS,it is the intent of the Subdivider to obtain Final Plat approval; 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 on the property hereinafter described;and it is the intent of this Agreement,and of the
parties hereto,to satisfy the requirements and guarantee improvements for the conditional approval of
said minor subdivision application.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein,it is hereby agreed as follows:
Improvements Agreement Page 1
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Charlotte Mills-Gallatin Co MTMISC 49,00
Baxter Apartments Minor Subdivision Phase 1 #P-07009
1. Property Description
This Agreement pertains to and includes those properties which are designated and identified as follows:
All lots,public park and private open space platted within Baxter Apartments Minor Subdivision
Phase 1, located within the W'/z ,NWl/4 , NE1/4 Sec. 2,T2S, R5E, City of Bozeman,Montana
2. Improvements
This Agreement specifically includes street lights, as illustrated on the plans and specifications contained
in the City Engineering Department and Planning Department files. The estimated cost of these
improvements is $79,450.00.
3. Financial Guarantee, Time for Completion of Improvements
It is the Subdivider's intent to file the final subdivision plat prior to the completion of said
improvements. Therefore, this bgreement shall be secured by a financial guarantee in the form of a
ISo,coo
personal check in the amount o $ which is one and one-half times the estimated cost of the
installation of all required improvements. The Subdivider hereby agrees that the street lights,shall be
installed within 1 year of final plat approval. In any event,all required improvements shall be completed
within the time frame provided herein for the completion of the improvements in order to avoid default
on the method of security.
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 for 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 developer,Fairview Investments,LLC, 1725 DeSales
NW, Suite 900,Washington,DC 20036,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:
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Charlotte Mills-Gallatin Co MTMISC 49.00
Baxter Apartments Minor Subdivision Phase I #P-07009
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.
B) The City may enforce any other remedy provided by law.
6. Indemnification
The Developer 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. The Developer 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 Developer. The Developer is not an agent or
employee of the City.
7. Warranty
The Subdivider shall warrant against defects in these improvements for a period of one year from the
date of their written acceptance by the Governing Body.
8. Governing Law and Venue
This Agreement shall be construed under and governed by 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.
9. Attorney's Fees
In the event it becomes necessary for either partyto this Agreement to retain an attomeyto enforce any
of the terms or conditions of this Agreement,then the prevailing party shall be entitled to reasonable
attorney's fees and costs,to include the salary and costs of in-house counsel including City Attorney.
10. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid, unless agreed to in writing by the
parties hereto.
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Charlotte Mills-Gallatin Co MTMISC 49.00
Baxter Apartments Minor Subdivision Phase 1 #P-07009
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 of the City.
13. Successors
Except as provided in paragraph 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.
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Baxter Apartments Minor Subdivision Phase 1 #P-07009
ZLATIJ"WNd IV Sandra G u d, Fairview Investments, LLC Represents�irview Investments, LLC
STATE OF MONTANA )
:ss
County of Gallatin / }
On this 2nc( day of yaari- 2007, before me, the undersigned, a
Notary Public for the State of Montana, person lly appeared Kingdon Gould IV and Sandra Gould,
known to me to be Representatives of Fairview Investments. LLC the limited liability company that
executed the within instrument,and acknowledged to me that they executed the same for and on behalf
of said company.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my N otarial Seal the day
and year first above written.
(SEAL)
BPS EAST .
NoTAigjgZ �00 Printed Name /—va r'n
/� I o rotary Public for the State of Montana I
SE�L Residing at eeeffi._ "•,�•,— Ut"O' e,j)g0.A r�
My Commission Expires 2no9
(Use 4 digits for expiration year)
OF
Improvements Agreement _ 2268045 Page 5
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Charlotte Mills-Gallatin Co MTMISC 49.00
Baxter Apartments Minor Subdivision Phase 1 #P-07009
THE CITY OF BOZEMAN
Andrew C. Epple, Director
Department of Planning& Community Development
STATE OF MONTANA )
:ss
County of Gallatin )
On the day-L bf 2007,before me,a Notary Public for
the State of Montana,personally appeared Andr w C.Ep le,known to me to be the person described in
and who executed the foregoing instrument as Director of Planning and Community Development of
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 City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
(SEAL)
E E'y;9S ''�i�� Printed Name
NOTAR Notary Public for State of Montana
Residing at: Bozeman, Montana
Tk cc • * Commission Expires: _
J (Use 4 digits for expiration year)
�OFt iM+OON
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Baxter Minor Subdivision Street Lighting Construction Cost Estimate
5/2/2007
ITEM UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE TOTAL COST
1 Mobilization 1 LS $4,500.00 $4,500.00
2 Structural Concrete Pole Foundations 8 CY $1,000.00 $8,000.00
3 Conduit-1.5"PVC,Trench&Push 3200 LF $14.00 $44,800.00
4 Pull Box,Concrete Type 1 10 EA $350.00 $3,500.00
5 Conductor,Copper 11000 LF $1.00 $11,000.00
6 Supply&Install Gull Wing Lighting Standard(38'MH) 3 EA $2,200.00 $6,600.00
7 Supply&Install Gull Wing Lighting Standard(35'MH) 6 EA $2,100.00 $12,600.00
8 Supply&Install Gull Wing Lighting Standard(25'MH) 5 EA $1,900.00 $9,500.00
9 G-18 Gull Wing Luminaire 250 w Metal Halide Type III 3 EA $450.00 $1,350.00
10 G-18 Gull Wing Luminaire 175 w Metal Halide Type 111 6 EA $450.00 $2,700.00
11 G-13 Gull Wing Luminaire 175 w Metal Halide Type III 5 EA $400.00 $2,000.00
12 Type C-Power Service Assembly 2 EA $1,500.00 $3,000.00
13 Construction Traffic Control 1 LS $2,000.00 $2,000.00
Subtotal Construction= $111,550.00
Contingency @ 7%= $7,808.50
Total Construction = $119,358.50
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