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HomeMy WebLinkAbout07- Alder Creek Subdivision, Phase 4&5 J_+1 b J-479 Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street //�►` llllll I 2 : 1 281861 IIIIIIII seIIIIIII of 8 Illllll Illlllll IIIIIII I IIII I IIII Charlotte Mills-Gallatin Co MTMISC 56.00 t©/17J2007 03:47P IMPROVEMENTS AGREEMENT FOR ALDER CREEK SUBDIVISION, PHASE 4 & 5 r� This AGREEMENT is made and entered into this 7 day of 5 2Q (-e uk 2007, by and between MAHAR MONTANA HOMES, L.L.C., a Montana Limited Liability Company, 1627 W. Main #370, Bozeman, MT 59715, hereinafter called the "Subdivider", 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 preluninary plat approval, Planning Application No. P-03010, for the Final Plat application of Alder Creek Subdivision, Phase 4 & 5, to subdivide 19.2026± acres and create ninety-four (94) residential lots, Planning Application No. P-07029; and WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for Alder Creek Subdivision, Phase 4&5, and WHEREAS, it is the intent of the Subdivider to file the Final Plat for Alder Creek Subdivision, Phase 4&5, prior to the installation of all required subdivision improvements; 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 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 Alder Creek Subdivision, Phase 4&5. Alder Creek Subdivision,Phase 4&5—Improvements Agreement 1 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: Alder Creek Subdivision, Phase 4 & 5, A tract of land, being a portion of the property described on Document No. 2086537, records of the office of the Clerk and Recorder, Gallatin County, Montana, and being a part of the West Half of the Southeast Quarter, and the Northeast Quarter of the Southwest Quarter of Section 24,Township 2 South, Range 5 East of P.M.M., Gallatin County, Montana, including the abandoned 50 foot wide right of way of the Chicago, Milwaukee, St. Paul and Pacific Railroad, conveyed by Deed recorded on Film 98, Page 3879, records of the office of the Clerk and Recorder, Gallatin County, Montana,EXCEPT the following described tracts: a �"'♦ a EXCEPTION NO. 1: the north 15 rods (247.5 feet) of said West Half of the ED CDo Southeast Quarter e-� o EXCEPTION NO. 2: the north 15 rods (247.5 feet) of said Northeast Quarter of co N N co the Southwest Quarter Nam EXCEPTION NO. 3: Certificate of Survey No. 482, according to the plat thereof, on file a and of record in the office of the Clerk and Recorder, Gallatin County, Montana, and containing 28.759 acres ..� EXCEPTION NO. 4: the east 50.00 feet of that part of the West Half of the Southeast Quarter of Section 24,Township 2 South, Range 5 East of P.M.M., lying south of the north 15 rods (247.5 feet) of said West Half of the Southeast Quarter, and lying north of the north line of Certificate of Survey No. 482 _W Said property is more particularly described as follows: Commencing at the South Quarter Corner of said Section 24; thence northerly 000°14'01", assumed azimuth from north, 990.06 feet along the west line of said Southeast Quarter of �• _m Section 24, thence westerly 269°02'57" azimuth 587.23 feet along the south line of the o Northeast Quarter of the Southwest Quarter of said Section 24, to the point o€beginning of L the property to be described; thence westerly 269°02'57" azimuth 750.75 feet along the " south line of the Northeast Quarter of the Southwest Quarter of said Section 24; thence northerly 359°48'24" azimuth 1,082.37 feet along the west line of the Northeast Quarter of the Southwest Quarter of said Section 24; thence easterly 089008'24" azimuth 768.18 feet along the south line of the north 247.5 feet of said Northeast Quarter of the Southwest Quarter; thence on the following courses along the west boundary of Alder Creek Subdivision - Phase 3: southerly 180°00'00" azimuth 127.60 feet; southerly 168°07'11" azimuth 61.31 feet; southerly 180°00'00" azimuth 706.68 feet; southwesterly 203°41'03" azimuth 66.10 feet; southerly 179°56'49" azimuth 126.62 feet, to the point of beginning. Said tract containing 19.2026± acres,more or less, subject to all existing easements of record and fact. Alder Creek Subdivision,Phase 4&5-Improvements Agreement 2 2. Improvements This Agreement specifically includes the following improvements for Phase 4: a) public parkland and irrigation improvements, b) City standard boulevard sidewalks, and c) park seed/sod, and Phase 5: a) City standard boulevard sidewalks, b) municipal water and sanitary sewer, c) alleyway paving, d) public streets, and e) storm water facilities. The Estimated Cost of said improvements has been estimated by C & H Engineering & Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718, at Five Hundred Fifty-Three Thousand, Five Hundred Forty-Four Dollars and No Cents($553,544.00) and is attached and made a part of this Agreement, as Exhibit "A>, 3. Financial Guarantee,Time for Completion of Improvements It is the Subdivider's intent with this Agreement to file the Final Plat prior to completion of a all required subdivision improvements. Therefore, this Agreement shall be secured by a financial LO co m guarantee in the form of a Letter of Credit, which is one hundred and fifty (150) percent of the moo 0 ��� Estimated Cost of said improvements. N a 0 The financial guarantee shall be in full force and effective until the work is completed by the a Subdivider and accepted by the Citv of Bozeman. Said financial guarantee shall be automatically renewed or extended within thirty (30) days of the expiration date if all required subdivision � U improvements are not installed at that time. The Subdivider hereby agrees that all subdivision improvements will be completed within three (3) years of the date of Final Plat approval by C the City Commission, or October 1, 2010, in order to avoid default on the method of security. Upon submission of fully documented invoices for the work performed, said work to be N p 7:: inspected and certified for payment by Subdivider's professional engineers and the City of Bozeman 0 and or its agents as necessary, the City of Bozeman may release a portion of the letter of credit for L the work completed by the referenced invoices. U 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. DefauIt 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 Alder Creek Subdivision,Phase 4 & 5—Improvements Agreement 3 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 Mahar Montana Homes, L.L.C., 1627 W. Main Street #370, Bozeman MT 59715, 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. G. 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 a r1 a sustained by any person or entity in connection with, or on account of the performance of work at �a)o o o the development site and elsewhere pursuant to this Agreement. Subdivider further agrees to aid CO a - and defend the City in the event that it is named as a defendant in an action concerning the �a performance of work pursuant to this Agreement except where such suit is brought by the a a Subdivider. The Subdivider is not an agent or employee of the City 7. Attorney Fees � U N 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 p o The Subdivider shall warrant against defects of all improvements and that these •� improvements are made in a good and workman-like manner for a period of one (1) year 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 pursuant to section 18,48.100 of the City of Bozeman Unified Development Ordinance. Alder Creek Subdivision,Phase 4 & 5—Improvements Agreement 4 9. Restricted Size Lots The Subdivider acknowledges and agrees that future development of Phase 4 & 5 will comply with the Affordable Housing Implementation Plan dated April 30, 2003 as presented to the City Commission for preliminary plat approval and as restricted on the final plats for Phase 4 & 5. Said restrictions to further guarantee affordable housing for first-time homeowners apply as follows: One Household Dwellings include Lot 7, Block 15, and Lots 8, 16, 23, and Lot 24, Block 16 of Phase 4, and Lot 32, Block 15 of Phase 5; Two Household Dwellings include Lots 1-6, Block 15 of Phase 4, and Lots 30, 31, and Lots 33-38, Block 15 of Phase 5. 10. Governing Law a LO W o This Agreement shall be construed according to the laws of the State of Montana. In the 00.6 r- ,N event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, 00 N m= Gallatin County, State of Montana. Nro o a w� 0 11. Modification or Alterations LO No modifications or amendment of this Agreement shall valid, unless evidenced by a writing signed by the parties hereto. 12. Invalid Provision U •� The invalidity or unenforceability of any provision of this Agreement shall not affect the ro other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or N unenforceable provision were omitted. C 13. No Assignment LIt is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in part, without prior written consent to City. 14. 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. 15. Filina The 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 Alder Creek Subdivision, Phase 4&5, is filed. Alder Creek Subdivision,Phase 4 &5—Improvements Agreement 5 SUBDIVIDER 1 .1d A A— nYR, Representing MONTANA HOMES, L.L.C. STATE OF MONTANA ) :ss County of Gallatin ) On this day of t 2007, before me a Notary Public of the State of Montana, personally appeared Joe Mahar, representing Mahar Montana Homes, L.L.C., 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 Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year fist above written. (SEAL) ��'�. - e (Printed Name Here) \\\ � E' i Notary Public for the State of Montana QQ.• '95�4� Residing at (Siz-Q F fV-,Cj,Y1 �Q-•' pTAR1.4 • ��!� My Commission Expires: (Use 4 digits for expiration year) ~' . SEAL Q*. (P 0. e.0������� (IIIII i IIIII IIIII IIIIIII IIII III IIIIIII III IIIII IIII IIII 2281 f 61 Charlotte Mills-Gallatin Co MTMISC 56.00 Alder Creek Subdivision,Phase 4 &5—Improvements Agreement 6 THE CITY OF BOZEMAN BY: ANDREW C. EPPLE PLANNING DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On the day of Q`(��CJ C , 2007, before me, a Notary Public for the State of Montana, personally appeared Andrew C. Epple, known to me to be the person described in and who executed the foregoing instrument as Planning 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) \: E•H'gS �i,� (Printed Name Here) Q•• Notary Public for the State of Montana ,,Q••�p�CARlq�.� = Residingat �G My Commission Expires: � r aOC� �•, SL •=Q\ (Use 4 digits for expiration ye r) IllillIIIIIit 22: 7 of 81 IIIIIIIIIIIIIIIII IIIIIIIIIIililllllli IIII ,0„71200 7 03.47P Charlotte Mills-Gallatin Co MTMISC 56.00 Alder Creek Subdivision,Phase 4 &5-Improvements Agreement 7 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS ---------------------------------------------------------------------------------------------------------------------------- Date• 1 -Z:--Zi5Q7 Project: Alder Creek Subdivision, Phase 4 & 5 Developer: Mahar Montana Homes, L.L.C. A, Joe M ar Improvement SQ. Ft./Ln. Ft Estimated Cost Phase 4—Sidewalks, trails, Per C & H Engineering Estimates $ 184,620.00 Park sod/seed, irrigation Phase 5 Street &Boulevard Per C & H Engineering Estimates $ 157,865.00 Sidewalk Improvements Water Improvements Per C & H Engineering Estimates $ 885318.00 Sanitary Sewer Improvements Per C & H Engineering Estimates $ 42,738.00 Stormwater Improvements Per C & H Engineering Estimates $ 20,455.00 Miscellaneous Per C & H Engineering Estimates $ 26,009.00 Phase 5 Contingency Per C &H Engineering Estimates $ 33,539.00 Total = $ 10% Contingency $ 553,544.00 x 1.5 = $ 830,316.00 Approved by City Engineer's Office Date S O (IIIII IIIII IIIII IIIIIII IIII IIII IIIII 2281861 II III IIIII IIII IIII P q 011712007 8 7 D3.47P Charlotte Mills-Gallatin Co MTMISC 56.00 AIder Creek Subdivision,Phase 4& 5—Improvements Agreement 8