HomeMy WebLinkAbout07- Baxter Meadows PUD Phase 4A Subdivision Inter-office Original to:
City of Bozeman
Planning Department
P.O.Box 1230
Bozeman,MT 59771-1230
IMPROVEMENTS AGREEMENT
BAXTER MEADOWS PUD PHASE 4A SUBDIVISION
THIS AGREEMENT is made and entered into this day of:N ckl'v\�E �,2007,
by and between Baxter Meadows South LLC Michael E. Potter President Potter Clinton
Development, Inc.,Managing Member of Baxter Meadows South LLC &Thomas L. Clinton Vice
President, Potter Clinton Development Inc., Managing Member of Baxter Meadows South LLC,
3985 Valley Commons Dr., Bozeman MT 59718,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 approval
of a major subdivision preliminary plat application Baxter Meadows PUD Phase 4A Subdivision to
subdivide approximately 11 acres into approximately 34 lots 1 lot for further subdivision streets
alleys, and open space on property located southwest of the intersection of Baxter Lane and Davis
Lane and legally described as Lot 3 of Minor Subdivision No 400 located in the Northeast '/ of
Section 3, T2S, R5E PMM City of Bozeman Gallatin County Montana; 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 subdivision application.
NOW,THEREFORE, in consideration of the mutual covenants and conditions contained
Baxter Meadows PUD Phase 4A Subdivision; Improvements Agreement P-07011 PAGE 1OF 11
herein, it is hereby agreed as follows:
1. Property Description
This Agreement pertains to and includes those properties which are designated and identified
as: Lot 3 of Minor Subdivision No. 400, located in the Northeast '/ of Section 3 T2S R5E PMM
City of Bozeman, Gallatin County Montana.
2. Improvements and Time for Completion of Improvements
This Agreement includes all on-site and off-site subdivision improvements as shown in the
Preliminary Plat Application,as conditioned in the Preliminary Plat approval, and as required bythe
Bozeman Municipal Code. Improvements include those below and listed in the attached Exhibit A,
which is made part of this agreement. The list and cost of said improvements has been estimated by
T.D. & H, Inc., 215 West Mendenhall Ste C-1 Bozeman MT 59715.
The Subdivider hereby agrees that the following improvements must be installed within one
(1) year of the City Commission final plat approval: water, sewer, stormwater facilities
transportation facilities (streets street lights trails sidewalks adjacent to public lands etc) parks
and common open space facilities and landscaping The Subdivider hereby agrees that sidewalks
adjacent to individual lots must be installed within three(3)years of the City Commission final plat
approval,or with Building Permits and prior to occupancy for individual lots,whichever occurs first.
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.
3. Financial Guarantee
It is the Subdivider's intent to file the final subdivision plat prior to the completion of
subdivision improvements. Therefore,this Agreement shall be secured by a financial guarantee valid
for at least eighteen(18)months which is one hundred and fifty(150)percent of the estimated cost
of said improvements. The financial guarantee is in the form of an Irrevocable Letter of Credit,
No. 7400001665, issued by Bank of Bozeman, in the amount of$143,035.50, dated December
12, 2007, and valid until June 12, 2009.
It is the Subdivider's intent to file the final subdivision plat prior to the completion of
sidewalks adjacent to individual lots. Therefore, this Agreement shall be secured by a financial
guarantee valid for at least forty-two(42)months which is one hundred and fifty(150)percent of the
Baxter Meadows PUD Phase 4A Subdivision; Improvements Agreement P-07011 PAGE 2 OF 11
estimated cost of said sidewalks adjacent to individual lots.The financial guarantee is in the form of
an Irrevocable Letter of Credit,No.7400001662,issued by Bank of Bozeman,in the amount of
$27,502.50, dated December 12, 2007, and valid until June 12, 2011.
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 Subdivider at Baxter Meadows South,
LLC,3985 Valley Commons Dr.,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 Subdividers 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 Subdividers.
b. The City may enforce any other remedy provided by law.
6. Indemnification
The Subdivider shall indemnify,hold harmless, and defend the City of Bozeman against any
and all claims, at Subdivider's own expense,arising out of or resulting from the acts or omissions of
Subdivider or his/her agents, employees, or contractors, whether negligent or otherwise, in
connection with the performance of work described in this agreement.The City shall be responsible
for any claims arising from negligence or willful misconduct on the part of the City or its agents or
employees,except the Subdivider shall be responsible for those claims of negligence and misconduct
Baxter Meadows PUD Phase 4A Subdivision; Improvements Agreement P-07011 PAGE 3 OF 11
arising from the Subdivider, his/her agents, or employees not providing to the Municipality, its
agents or employees, information relevant to the subject matter of this agreement. The parties shall
cooperate in the defense of Claims and shall furnish records,information, and testimony and attend
proceedings, as may be reasonably necessary.
7. Warranty
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.
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 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.
10. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid,unless agreed to in writing
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
The responsibilities and benefits of this Agreement to the Subdividers may not be assigned
without the express written approval of the City. Such approval may not be withheld unreasonably,
but any unapproved assignment is void. There is no prohibition on the right of the City to assign its
rights under this Agreement.The City shall release the original Subdividers from their liability under
Baxter Meadows PUD Phase 4A Subdivision; Improvements Agreement P-07011 PAGE 4 OF 11
this agreement if it accepts and approves a proper assignment from any developer or lender who
obtains the property.
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.
14. Filing
The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk
and Recorder at the same time the Final Plat is filed.
Baxter Meadows PUD Phase 4A Subdivision;Improvements Agreement P-07011 PAGE 5 OF 11
PROPERTY OWNER/ CORPORATION
r
Baxter Meadows South, LLC
Michael E. Potter, President;
Potter Clinton Development, Inc.
Managing Member of Baxter Meadows South, LLC
Baxter Meadows South, LLC
Thomas L. Clinton, Vice President;
Potter Clinton Development, Inc.
Managing Member of Baxter Meadows South, LLC
STATE OFoq )
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County of (54tjA-T-I,V )
On this -rl day of &cemiev-, 2007, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Michael E. Potter, known to me to be the
President,Potter Clinton Development,Inc.,Managing Member of Baxter Meadows South LLC and
Thomas L. Clinton, known to me to be the Vice President, Potter Clinton Development Inc.
Managing Member of Baxter Meadows South LLC, the corporation that executed the within
instrument,and acknowledged to me that he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
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Baxter Meadows PUD Phase 4A Subdivision; Improvements Agreement P-07011 PAGE 6 OF 11
THE CITY OF BOZEMAN
Andrew C. Epple, AICP
Planning Director
STATE OF MONTANA )
:ss
County of Gallatin )
On this_bay of 2007 before me a Notary Public for the State of
Montana,personally appeared Andrew C. Epple AICP,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 he executed the same for
and on behalf of said City.
IN WITNES S WHEREOF,I have hereunto set my hand and affixed my seal on the day and year first
written above.
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Baxter Meadows PUD Phase 4A Subdivision; Improvements Agreement P-07011 PAGE 7 OF 11
Exhibit A: Cost Estimate
EXHIBIT A
ENGINEER'S CERTI ICA'I`F
REGARDING
Incomplete Subdivision Infrastructure
Baxter Meadmvs Subdivision,Phases 4A
November 3&,2007
This document rclatcs to the above referenced a parcel of land being Lift 3 of Minor
Subdivision No.400 Located in the NE 1/4 of Section 3,T2S,R5E P.M.M.City of
Bozeman Gallatin Countyr,Montana.
The incomplete work as of the above date includes alley,pavement markings,signs,
landscaping and pedestrian rmip improvements for the Baxtcr\Meadows Subdivision.
Phase 4A Infrastructure. Also attached is the schedule of values,based on bid schedulcs
for this project. Street light estimates are based on information provided by Northwestern
Energy. Unit prices show that the total improvements amount totals 595,357.00. I certify
that based on existing conditions at this time in Bozeman the.attached cost estimate
totaling 5143.035.50 is a realistic cost for the improvements outlined above.
respectfully Submitted
K.cith Waring,P.E.
0 NTq�A�i���f�'
KE HE.
WARING
;�• No. 15161PE "-c°Cu
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�%`r�U1NAL �����
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Baxter Meadows PUD Phase 4A Subdivision;Improvements Agreement P-07011 PAGE 8 OF 11
Baxter Meadows Ph 4A Schedule of Values 11/27/2007
ITEM EST. UNIT
NO, DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Street Improvements
1 3"Crushed Gravel(alleys) 93 SY $ 6.00 $ 558,00
Pedestrian Ramps
2 Tvpe"A" 12 EA $ 2,100.00 $ 25.200,00
3 Type'B" 4 EA S 1.500.00 $ 6,000.00
4 Type"C" 2 EA S 3.000,00 $ 6,000.00
Signaqe and Pavement Markinq
Signs.In Place
5 Stop sign wl streets 7 EA $ 650.00 $ 4,560.00
6 Baxter Lane Pavement Markings 1 LS $ 24.460.00 $ 24,450,00
Landscaping
i Landscaping improvements LS $ 28,599.00 $ 28.599.00
TOTAL,SCHEDULE
$ 95,357.00
(Amount written in words) DOLLARS
1.5 time amount S 143,035.50
RE' 1-A-n- \G COSTS SCHEDULE
Project: Btn re,•.Vendow--Subdirrston
Phase: Phase 4a-100%Constnictron Documents
Date: November 2S_2007
Prepared By: Peaks to Plains Design.P.C,
HtUUlktll
ITE\I DESCRIPTION OTY UNIT UNIT COST TOTAL BY UDO
Gravel Traas at B'w de-City of Bozeman 750 LF S 3.33 S 2.498 NO
Perennials&Orn Grasses-OpPn S 1 gal. 65 EA S 11.00 5 715 NO
Perennials&Crn Grasses-Open St 2 gal. 6 EA S 22.00 $ 132 NO
Seed Mix#1 Turf Laval Seed 39,206 S= $ 0.0. £ ;,568 YES
Seed Mix#2 Native Lawn ihssume 50%reseeding! 23,266 0.04 $ 931 YES
'eed Barrier Fabnc P Vu,& avover,fabric F rocK n1U1Ch 4,61B $ 0.84 $ 4.047 NO
Edqing Aluminum or concrete 123 LF $ 4.75 $ 584 NO
Benches T Lenoth 1 EA $ t.500 00 $ i.500 NO
Water Crossings Bridges 1 EA S 15.000.00 S 15,00C NO
-
Welland etland Enhancement Per UDO recairements C 25 LS 5 6.495-CQ S 624 YES
SUBTOTAL $ 28,598
$
TOTAL S 28.598
Baxter Meadows PUD Phase 4A Subdivision; Improvements Agreement P-07011 PAGE 9 OF 11
EXHIBIT A
ENGINEER'S CERTIFICATE
REGARDING
Incomplete Subdivision Infrastructure
Baxter Meadows Subdivision,Phases 4A
November 30"',2007
This document relates to the above referenced a parcel of land being Lot 3 of?Minor
Subdivision No.400 Located in the NE %of Section 3,T2S,R5E P.h4.V1. City of
Bozeman Gallatin County, Montana.
The incomplete work as of the above date includes sidewalk improvements for the Baxter
Meadows Subdivision,Phase 4A Infrastructure. Also attached is the schedule of values,
based on bid schedules for this project. Street light estimates are based on information
provided by Northwestern Energy. Unit prices show that the total improvements amount
totals S 18,335.00. I certify that based on existing conditions at this time in Bozeman the
.attached cost estimate totaling$27,502.50 is a realistic cost for the impmvements
outlined above.
Respectfully Submitted
Keith Waring,P.E.
ONTAN
KEITH E.
WAFTING ,�=
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No.15161PE •u�=
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Baxter Meadows PUD Phase 4A Subdivision; Improvements Agreement P-07011 PAGE 10 OF 11
Baxter Meadows Ph 4A Schedule of Values 1113012007
ITEM EST UNIT
NO, DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Street Improvements
5'Sidewalk 3,860 SF 4.75 18,336.00
TOTAL-SCHEDULE
$ 18,335.00
(Amount written in words) DOLLARS
1.5 time amount 5 27,502.50
Baxter Meadows PUD Phase 4A Subdivision; Improvements Agreement P-07011 PAGE 11 OF 11