HomeMy WebLinkAbout07- Diamond Estates Subdivision No. 2 Phase 2 -484
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Charlotte Mills-Gallatin Co MTMISC 63.00
SUBDIVISION IMPROVEMENTS AGREEMENT
DIAMOND ESTATES SUBDIVISION NO. 2 PHASE II
THIS AGREEMENT is made and entered into this day of / ,2007,
by and between Douglas L. Smith,20505 Norris Road,Manhattan MT 59741,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 Diamond Estates Subdivision No. 2 Phase II to
subdivide—29.6 acres into 64 single household residential lots 7 multi-household residential lots
and open space on property located northeast of the intersection of Durston Road and Ferguson
Avenue, and legally described as a tract of land being Tract B of Certificate of Survey No 2530A
and portions of the SW1/4 Section 3,situated in the SW1/4&SETA of Section 3 T2S R5E PMM
Citv of Bozeman, Gallatin Countv. 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
Diamond Estates Subdivision No.2 Phase II Improvements Agreement: Page lof 8
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herein, it is hereby agreed as follows: Charlotte Mills-callacir Co MTMISC 63.00
1. Property Description
This Agreement pertains to and includes those properties which are designated and identified
as a tract of land being Tract B of Certificate of Survey No 2530A and portions of the SWI/4
Section 3,situated in the SW 1/4&SE I/4 of Section 3,T2S R5E PMM City of Bozeman Gallatin
County, Montana.
2. Improvements and Time for Completion of Improvements
This Agreement includes 1) all sidewalk installation along the lot frontages of Amethyst
Road,Emerald Drive,Tanzanite Drive,Renova Lane,Annie Street,Moonstone Drive,Jade Avenue,
Sanders Avenue, and the east side of Ferguson Avenue, with the exception of that adjacent to any
Public Park or Common Open Space within Phase II,2)all plantings,seeding,and irrigation systems
within Open Spaces 1, 2, 3, and 9(Diamond Park),the boulevards adjacent to Open Spaces 1, 2, 3,
and Open Space 9 (Diamond Park), 3) all park equipment within Open Space 2 and Open Space 9
(Diamond Park) including trash cans, benches, picnic tables, and playground equipment, and 4)
improvements to the intersection of Durston Road and Ferguson Avenue, 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
Bray Landscaping and Irrigation, P.O. Box 7017, Bozeman, MT 59771 Vaughn Environmental
Services, 8353 Saddle Mountain Road,Bozeman,MT 59715 Mountain West Reclamation 414 East
Lewis,Livingston, MT 59047, &Gaston Engineering&Surveying P.C. P.O Box 861 Bozeman
MT 59715.
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. The installation of the plantings within Open Spaces 1,2, 3,
&9 (Diamond Park), and the boulevards adjacent to Open Spaces 1, 2,3,and the east side of Open
Space 9 (Diamond Estates) must be done within one (1) year of the City Commission final plat
approval. The installation of the boulevard plantings adjacent to the north, south,and west sides of
Open Space 9 (Diamond Park) must be installed with the construction of Diamond Estates
Subdivision No. 2 Phase III. The installation of the seeding,irrigation systems within the boulevards
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and Open Spaces 1-3,and park equipment must be done within one(1)year of the City Commission
final plat approval. The installation of the irrigation system within Open Space 9 (Diamond Park)
will be upon necessity as determined by the City Parks and Recreation Department. The installation
of the intersection improvements at Durston Road and Ferguson Avenue must be done within one(1)
year of the City Commission 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.
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 forty two (42) 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 Security Bank, in the amount of $401,486.73, No. 010700783 dated
November 2, 2007; with an expiration date of March 1, 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 Douglas L.Smith,20505
Norris Road, Manhattan, MT 59741, 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
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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 two (2)years 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 parry 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.
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11. Invalid Provision /2119/2007 03 37P
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Charlotte Mills—Gallatin Co MTMISC 63.00
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.
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.
PR P TY OWNER
ouglas . Smith
20505 orris Road, Manhattan, MT 59741
STATE OF MONTANA )
ss
County of Gallatin )
On this ?'1a day of l)0142xm'tre� , 2007, before me, the undersigned, a Notary
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Public for the State of Montana, personally appeared Douglas L. Smith, known to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
, •�/Z (Si nature above)
(Seal) °',,t,,OTAR/q4•° (Printed Name above)
7Ar
Notary Public for State of Montana
sEAL . Residing at: two�eh,an CaL(ocf
�q •< Commission Expires:
OF M(� (Use 4 digits for expiration year)
THE CITY OF BO EMAN
Andrew C. Epple, AICP
Planning Director
STATE OF MONTANA )
:ss
County of Gallatin )
On this S��day of N�, , 2007, before me, a Notary Public for the State of
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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.
\�N��� �E E ti (S re above)
QP %,,, l GUI o,-
(Seal) �Q ���T/ (Printed Name above)
Notary Public for State of Montana
Residing at: p
Commission Expires:
a \
(Use 4 digit for expiration year)
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Charlotte Mills-Gallatin Co MTMISC 63.00
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
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Date: /L//°I/-v7
Project: Diamond Estates Subdivision o. 2, Phase II
Developer: Douglas L. Smith L�i�uGt�►s S��rtf
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Improvement Sq. Ft./Ln. Ft Estimated Cost
City Streets and Street Lighting Per Gaston Engineering Estimates S 181,894.60
Parkland/Open Space Per Gaston Engineering Estimates S 85,763.22
Total = S 267,657.82
x 1.5 = $ 401,486.73
Approved by City Engineer's Office Date
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GASTON ENGINEERING
& S UR VE YI NG, P. C.
EXHIBIT A
Project: Diamond Estates No.2 Phase 11 Improvements
Owner: Doug Smith W.O.#: 03-588-1
20505 Norris Road
Manhattan,MT 59741
ITEM ESTIMATED CONTRACT
NO. DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT
Water Improvements
None
Sewer Improvements
None
Stormwater Improvements
None
Street Improvements
3-1 New Concrete Sidewalk LF 8844.0 $ 20.00 $ 176,880.00
3-2 Concrete Median Curb(Ferguson& Durston) LS 1.0 $ 775.00 $ 775.00
3-3 Labor Median Curb(Ferguson & Durston) LS 1.0 $ 474.84 $ 474.84
3-4 Stop Sign (w/4-Way Stop placard) (Furguson&Durston) EA 1.0 $ 460.00 $ 460.00
3-5 Change in Trafic Control Ahead signs(Ferguson & Durston) EA 2.0 $ 575.00 $ 1,150.00
3-6 Traffic Control(Ferguson & Durston) LS 1.0 $ 1,500.00 $ 1,500.00
3-7 Contractor OH&P(Ferguson&Durston) LS 1.0 $ 654.76 $ 654.76
Subtotal $ 181,894.60
Landscaping Improvements
4-1 Sprinkler System Installation (Open Space#1,2,3, 9) LS 1.0 $ 12,635.00 $ 12,635.00
4-2 Lawn Preparation(Open Space#1,2,3,9) SF 49180.0 $ 0.087 $ 4,254.40
4-3 Lawn Seeding (Open Space#1,2,3, 9) SF 49180.0 $ 0.05 $ 2,459.00
4-4 Irrigation Well LS 1.0 $ 5,200.00 $ 5,200.00
4-5 Trash Cans EA 5.0 $ 575.00 $ 2,875.00
4-6 Bench 6' EA 12.0 $ 685.00 $ 8,220.00
4-7 Picnic Table 6' EA 10.0 $ 970.00 $ 9,700.00
4-8 Playground LS 1.0 $ 25,244.81 $ 25,244.81
4-9 Trees EA 107.0 $ 134.50 $ 14,391.50
4-10 Shrubs EA 41.0 $ 19.11 $ 783.51
Subtotal $ 85,763.22
WATER TOTAL $ -
SEWER TOTAL $ -
STORM TOTAL $ -
STREET TOTAL $ 181,894.60
II IIIIIII Illll IIII IIIIII III IIII IIII IIII 22833sP LANDSCAPING TOTAL $ 85,763.22
Iillllllllillll It
TOTAL $ 267,657.82
Charlotte Mills-Gallatin Co MTMISC 63.00
ENGINEERING/LAND SURVEYING/LAND PLANNING/MATERIALS TESTING � �-
PO Box 661 • 211 Haggerty Lane a Bozeman,MT 69715 • (406)586-0588 • fax(406)586-0589 • email:gaaton@avloom.net