HomeMy WebLinkAbout05- Cattail Creek Phase 3 Subdivision IMPROVEMENTS AGREEMENT FOR
CATTAIL CREEK PHASE III MAJOR SUBDIVISION
PRELIMINARY PLAT#P-04050
LOCATED SOUTHEAST OF THE FUTURE INTERSECTION OF
DAVIS LANE AND CATAMOUNT STREET,BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this 26 day of September, 2005, by and
between, Sandan, LLC, Sandra Hamilton, Managing Member, and Daniel Madison, Managing
Member, P.O. Box 1254, Bozeman, MT 59771-1254, hereinafter called the 'Developer", and the
City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the "City".
WHEREAS,it is the intent and purpose of the Developer to meet the conditions of approval
of a Major Subdivision Application to subdivide — 51 acres into 66 lots (38 residential, single-
household lots; 24 residential, multi-household lots; and 4 light manufacturing/commercial lots),
roads, alleys, and open space areas on property located southeast of the future intersection of Davis
Lane and Catamount Street.
WHEREAS, it is the intent of the Developer to obtain Final Plat approval; and
WHEREAS, it is the intent and purpose of both the Developer 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 improvements and guarantee requirements for the conditional approval
of said Major Subdivision Application.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
Cattail Creek Phase III Major Subdivision Improvements Agreement#P-04050 Page I
1. Property Description
This Agreement pertains to and includes those properties which are designated as R-1 (Residential
Single-Household, Low Density District), R-2 (Residential Two-Household, Medium Density
District), R-3 (Residential Medium Density District), R-O (Residential Office District) and M-1
(Light Manufacturing District)on the City of Bozeman Zoning Map,and is legally described as Tract
1, COS No. 2050, and is situated in the NW '/a of Section 35, TIS, RSE, PMM, City of Bozeman,
Gallatin County,Montana, and more commonly located southeast of the future intersection of Davis
Lane and Catamount Street, Bozeman, Montana.
2. Improvements
This Agreement specifically includes any water, sewer, street and drainage improvements, park
improvements, sidewalk installation and other improvements as illustrated on the plans and
specifications provided in the approved Major Subdivision Preliminary Plat Application#P-04050.
The estimated cost of these improvements is attached as Exhibit A.
3. Financial Guarantee,Time for Completion of Improvements
If construction associated, with a required building permit, is to occur prior to completion of all
required on-site improvements, this Improvements Agreement must be secured by a financial
guarantee, as may be deemed acceptable by the City,payable to the City of Bozeman,in an amount
equal to one and one-half times the estimated cost of the installation of any required improvements
not completed at the time building permits)is requested. Said method of security shall be valid for
a period of not less than twelve (12) months. The Subdivider hereby agrees that the water, sewer,
street and drainage improvements, street signs, and public sidewalk improvements throughout the
subdivision shall be completed prior to issuance of a building permit;the park improvements shall be
installed by October 3,2006;and the interior sidewalks shall be installed by October 3,2008. 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 Developer is in compliance with this Agreement, and the
Developer shall permit the City and its representatives to enter upon and inspect the property at any
Cattail Creek Phase III Major Subdivision Improvements Agreement #P-04050
Page 2
reasonable time.
5. Default
Time is of the essence for this Agreement. If the Developer 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 at Sandan, LLC, P.O. Box 1254,
Bozeman, MT 59771-1254, or such other address as the Developer 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:
1) 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 Developers shall permit and
secure any additional permission required to enable them to do so.
2) The City may enforce any other remedy provided by law.
6. Warranty
The Developer shall warrant against defects in these improvements for a period of one year from the
date of their written acceptance by the Governing Body.
7. 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.
S. 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, to include the salary and costs of in-house counsel including
City Attorney.
9. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid, unless agreed to in writing by the
parties hereto.
10. Invalid Provision
Cattail Creek Phase III Major Subdivision Improvements Agreement #P-04050
Page 3
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.
11, No Assignment
It is expressly agreed that the Developer shall not assign this Agreement in whole,or in part,without
prior written consent of the City.
12. Successors
Except as provided in paragraph 10, 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.
PROPERTY-,OWNER
cam,
Sandan, LLC,
S a Hamil ana ' g Member
Sandan,LLC,
Daniel Madison, Managing Member
STATE OF ,MQ +Un C
:ss
County of C,0-1b,-i n )
On this L;�L day of S.Oi-P-4rbQf , 2005, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Sandra Hamilton, known to me to be the
Managing Member,and Daniel Madison,known to me to be the Managing Member of Sandan,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.
201AR (�� (Signa re above)
5
( a SEAL (Printed Name above
2 WYfNI D. SPRANGET'otary Public for State of Montana
Notary Public for the Stated ng at: �joZ�,mGi r�
tt`�F MG� Residing at Bozeman, MT—C�aNeUn�r
Cattail Cree base III Major Subdivision Improvements Agreement #P-04050
Page 4
Commission Expires: �%/ b
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THE CITY OF BOZEMAN
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Andrew C. Epple, AICP
Planning Director
STATE OF MONTANA )
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County of Gallatin )
On this #L day of , 2005, 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 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.
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nature above)
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(Seal) SO L 1 • S JJJ�i��y (Printed Name above)
0• ' ' ' ' c'yY,�.� Notary Public for State of Montana
• NOTAA�q�:�� Residing at:
Commission Expir s: Id/i/-?(2O2
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Cattail Creek Phase III Major Subdivision Improvements Agreement #P-04050
Page 5
09/26/05 MON 11: 41 FAX 1406SP04951 T D & H 002
September 21, 2005
RE: Cattail Creek Phase III
Improvements Agreement
City of Bozeman
Planning Department
P.O. Box 1230
Bozeman, NTT 59771-1230
Attention Lanette Windemaker
We have submitted the Final plat application for the subject project. I am providing the
cost estimates for the remaining work for the improvements agreement.
The improvements that roust be covered in the agreement include construction of the
items in the following table.The summary below itemizes these costs.
Remaining work on Cattail Creek Phase
III
Remaining
Quantity Unit Unit Costs Cost
Concrete Sidewalk, In Place 48,460 S.F, $3.00 $145,380.00
Utility Trench for Cable TV Line Relocate 900 L.F. $3.00 $2,700.o0
Stripe per Road per Detail on N. 27th 1 LS. $7,500.00 $7 500.0o
Stripe per Road Section Detail Hulbert 1 L.S. $7,500.00 $7,500.0o
Park improvements 1 $142,283.00 $142,283.00
TOTAL $305,363.o0
X 1.5
Total Recluired Financial Guarantee $458,044.50
I certify that these costs are based on prices that Sandan has negotiated with Sime
Construction. Cost information for the park improvements are attached to this letter.
Please review this information and let me know if you have any questions. Thank you
for your assistance.
Sincerely,
Thom- Dean &Hoskins, Inc.
�r
C: Sandi Hamilton �Keith Waring, P.E,
Rob Pertzborn
Inter-office Original to:
City of Bozeman
Planning Department
20 East Olive Street
NOTICE OF BUILDING PERMIT RESTRICTIONS
CATTAIL CREEK SUBDIVISION PHASE 3, BOZEMAN, MONTANA
NOTICE IS HEREBY GIVEN to all potential purchasers of lots in Cattail Creek
Subdivision Phase 3 which is described herein, that the final plat of the subdivision was
approved by the Bozeman City Commission before all required improvements were completed,
as is allowed in Chapter 18.74 of the Bozeman Unified Development Ordinance. As such, an
Improvements Agreement was filed with the final plat that stipulates the time period during
which the improvements must be completed, and those improvements were financially
guaranteed to the City of Bozeman by the Subdivider.
THEREFORE, BE ADVISED, that Building Permits will not be issued for any lots in
Cattail Creek Subdivision Phase 3, City of Bozeman, Montana until all of the subdivision
improvements are completed and accepted by the City of Bozeman. These improvements
include the installation of sewer, water, street and drainam improvements, street signs and
public sidewalk improvements throughout the subdivision shall be completed prior to issuance of
a building permit. The park improvements shall be completed by October 17, 2006. The interior
sidewalks shall be installed by October 17, 2008. Building Permits will be issued prior to the
installation of park improvements as long as these items remain under financial guarantee.
DATED this 19th day of October, 2005.
`P�p L L� Ski•,°�% THE ITY F BOZEMAN
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NOT4,,
to ' �' AL
�•'. .' Andrew C. Epple, AICP r
pF • • 'P�P����� Planning Director
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Cattail Creek Subdivision Phase 3 Notice of Building Permit Restrictions
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of J , 2005, 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 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.
2LZi�' 2tko:�;ftl--
(Signature above)
YC) I L. S
(Seal) (Printed Name above)
Notary Public for State of Montana
Residing at: o ,V� _
Commission Expir s: "� 3 —� 1)0
(Use 4 digits for expiration year)
Baxter Meadows Subdivision Phases 2 C&D Notice of Building Permit Restrictions Page 2
Inter-office Ori inal to:
City of Bozeman
Planning Department
20 East Olive Street
RELEASE OF CONDITIONS OF IMPROVEMENTS AGREEMENT
AND NOTICE OF BUILDING PERMIT RESTRICTIONS
WHEREAS, the CITY OF BOZEMAN, a Municipal Corporation of the State of
Montana, hereinafter called the "City" entered into an Improvements Agreement for the
Cattail Creek Subdivision Phase 3 dated October 17, 2005; and
WHEREAS, the City filed a Notice of Building Permit Restrictions on said
subdivision, with said document being filed on October 20, 2005, as Document No.
2206256; and
WHEREAS, Sandan, LLC, hereinafter called "Subdivider" has complied with
terms and conditions of said Agreement regarding the issuance of building permits;
THEREFORE, the City hereby certifies that terms and conditions of said
Improvements Agreement and Notice of Building Permit Restrictions have been satisfied
regarding the issuance of building permits and as such Subdivider is hereby released from
the terms and conditions of the above-described Agreement regarding the issuance of
building permits.
Dated this 2nd-day of November, 2005.
CITY OF BOZEMAN, a Municipal
Corporation of the State of Montana,
by
Andrew C. Epple, AICP
Planning Director
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of �f�lt , 2005, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day
and year first written above.
(Si nature above) / `
ro/ �,
(Seal)` P. . • • : S���� (Printed Name above)
• N07, •y Notary Public for State of Montana
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`Cn ;• 9/q�: Residing at: �,,,,��All
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S Commission Expire . II- i 3- ,2-U D`7
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Vol, 440
Cattail Creek Subdivision Phase 3 Release of Notice of Building Permit Restrictions 2