HomeMy WebLinkAbout06- Creekwood Planned Unit Development Subdivision Inter-office Original to: 2245087
PCity lanning Department AiT6 I II�IiI IIIII IIIII IIIII IIIII III�IIIIIII III IIII IIII IIII 10g/16/2006 10!56A
20 East Olive Street Shelley Vance-Gallatin Cc M7 MISC 49.00
SUBDIVISION IMPROVEMENTS AGREEMENT
CREEKWOOD PLANNED UNIT DEVELOPMENT SUBDIVISION
THIS AGREEMENT is made and entered into this day of Cd U30 t C ,2006,
by and between Oakwood Properties, LLC (Kelly Tgaylor), 607 Professional Drive Suite 3
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 Creekwood PUD Subdivision to subdivide—38
acres into 53 single-household lots, streets alleys,parks and open space on property located on the
north side of Montana Highway 86, approximately 1 mile east of the Story Mill Road intersection
and legally described as the El/z, SEI/4 of Section 32 Tl S R6E 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
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herein, it is hereby agreed as follows:
1. Property Description
This Agreement pertains to and includes those properties which are designated and identified
as the 0/2, SE1/a of Section 32, T1 S, R6E, 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 by the
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
C&H Engineering, 205 Edelweiss Drive, Bozeman, MT 59718.
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 landscapin& 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 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 issued by First Interstate Bank, in the amount of$381,830.94,No. 3726 dated September
29, 2006, with an expiration date of March 29, 2008.
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
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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 Oakwood Properties,
LLC(KellyTTaylor),607 Professional Drive, Suite 3,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
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
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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
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.
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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.
SUBDIVIDER
'�e� /li r'z'�L'
Oak od P opert s, LLC
By Kelly Taylor, Managing Member
STATE OF
:Ss
County of CAM )
On this day of L �� I�� ��V , 2006, before me, the undersigned, a Notary
Public for the State of Montana,p6sonally appeared Kelly Taylor,known to me to be the Managing
Member, Oakwood Properties, LLC, the company that executed the within instrument, 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 first above written.
� 1I
L
�o��S� '• `''`�f �''% (Sign e above��
t 6c s I e
(Seal) _ ; 110T'AI /,I m (Printed Name above)
Notary Public fMe/
tate of Montana
N.�' `�' �' • 'k Residing at: ryl V)
'�'y� ; ' • . . . ��.�\� Commission Expires: PuZi
0 0P��\\ (Use 4 digits for expiration year)
THE ITY OF BOZEMAN
Andrew C. Epple, AICP
Planning Director
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STATE OF MONTANA )
:ss
County of Gallatin )
On this day of , 2006, before me, a Notary Public for the State of
Montana,personally appeared Andrew C. Enple,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.
(Signature above)
(Seal) �Q.•NOTAR/q� (Printed Name above)
= Notary Public for State of Montana
* SEAT. Residing at: r
�v'J,' Commission Expires: -
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OF IMO, `
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Exhibit A: Cost Estimate
CREEKWOOD SUBDIVISION Sept 21, 2006
IMPROVEMENTS AGREEMENT
ITEM ITEM DESCRIPTION EST. QTY UNIT UNIT PRICE AMOUNT
STREET IMPROVEMENTS
1-1 35'STREETLIGHT 5 EA $2,350.00 $11,750.00
1-2 25' STREETLIGHT 8 EA $2,350.00 $18,800.00
WATER IMPROVEMENTS
2-2 CONNECT TO EXISTING 18" MAIN 1 EA $3,000.00 $3,000.00
MISCELLANEOUS IMPROVEMENTS
3-1 TRAIL LIGHTS 6 EA $633.33 $3,799.98
(WILHELM ELECTRIC)
3-2 SIDEWALK 250 SF $3.20 $3,799.98
(GABE METALIA)
3-3 PICNIC PAVILION 1 LS $20,000.00 $20,000.00
(J &K CONTRACTORS)
3-4 PEDESTRIAN BRIDGES 2 EA $28,000.00 $56,000.00
(I &K CONTRACTORS)
3-5 Agricultural fencing 1 LS $8,000.00 $8,000.00
OPEN SPACE AND PARK LANDSCAPING
(SWEET PEA LANDSCAPING)
4-1 Grade work, fertilization, seeding 1 LS $24,875.00 $24,875.00
4-2 Materials and labor for trees and shrubs 1 LS $46,749.00 $46,749.00
4-3 Installation of Rainbird irrigation system 1 LS $49,350.00 $49,350.00
4-4 Drystack walls 1 LS $4,350.00 $4,350.00
4-5 Edging, fabric, and mulch for planting 1 LS $4,080.00 $4,080.00
COST OF IMPROVEMENTS NOT COMPL $254,553.96
BOND AMOUNT IS I.SX *TOTAL $381,830.94
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