HomeMy WebLinkAbout06- Fowler Place Subdivision IMPROVEMENTS AGREEMENT
FOR
FOWLER PLACE SUBDIVISION
This AGREEMENT is made and entered into this� day of �0110o(k r , 2006,
by and between Green Wing Teal LLC, 924 Stoneridge Drive, Ste 1 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 preliminary
plat approval, Planning Application No. P-05053, for the Final Plat application of Fowler Place
Subdivision, to subdivide 13.24 acres and create 49 residential lots; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for
Fowler Place Subdivision;Planning Application No. P-06053;and
WHEREAS,it is the intent of the Subdivider to file the Final Plat for Fowler Place Subdivision„
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 Fowler Place
Subdivision.
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:
Fowler Place Subdivision—Improvements Agreement I
LEGAL DESCRIPTION:
A tract of land situated in a portion of the NWl/4 of Section 11, and the NEIA of Section 10, T. 2 S.,
R. 5 E., P.M.M., City of Bozeman, Gallatin County, Montana, more particularly described as follows:
Beginning at a point which is the northwest corner of Section 11,
T. 2 S., R. 5 E., P.M.M.; thence, from said point of beginning,
S 89°02'58" E, 443.82 feet along the north line of said Section 11 to the northwest corner of
Tract 7 of Smith Subdivision; thence
S 01053'35" W, 1335.47 feet along the west line of said Tract 7 to the southwest corner of
said Tract 7, said point being on the north line of Lot 6, Pleasant Valley Subdivision No. 1;
thence N 89°02'54" W, 404.80 feet along the north line of said Lot 6 and the north line of
Tract 3-B of Certificate of Survey No. 1069 Amended, to the northwest corner of said Tract
3-B and the west line of Section 11; thence N 00°13'08" E, 1119.40 feet along said section
line; thence N 34'29'10" W, 102.51 feet; thence N 00°50'39" W, 133.08 feet to the north line
of Section 11; thence S 88°31'42" E, 60.85 feet along said section line to the point of
beginning, containing 13.2443 acres, more or less, subject to any existing easements and/or
rights-of-way, whether of record or apparent on the ground.
2. Improvements
This Agreement specifically includes the following improvements for said major subdivision; a)
boulevard sidewalks, b) boulevard landscape and landscape irrigation improvements, c) parkland
improvements. The Estimated Cost of said improvements has been estimated by Engineering, Inc., 705
Osterman Drive, Suite F, Bozeman, MT 59715 and Greenspace Landscaping Inc. 34039 East
Frontage Road, Bozeman, MT 59719 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 all
required subdivision improvements. Therefore, this Agreement shall be secured by a financial guarantee in
the form of a Letter of Credit, which is one hundred and fifty (150) percent of the Estimated Cost of said
improvements.
The financial guarantee shall be in full force and effective until the work is completed by the
Subdivider and accepted by the City of Bozeman. Said financial guarantee shall be automatically renewed
or extended within. thirty (30) days of the expiration date if all required subdivision improvements are not
Fowler Place Subdivision—Improvements Agreement 2
installed at that time. The Subdivider hereby agrees that parkland and open space areas will be
completed within one (1) year of the date of Final Plat approval and all other subdivision
improvements will be completed within three (3) years of the date of Final Plat approval by the
-17 G
City Commission, or November ` , 2009, in order to avoid default on the method of security.
Upon submission of fully documented invoices for the work performed, said work to be inspected
and certified for payment by Subdivider's professional engineers and the City of Bozeman and or its agents
as necessary, the City of Bozeman may release a portion of the letter of credit for the work completed by
the referenced invoices.
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 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 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 924 Stoneridge Drive, Ste 1 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 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.
Fowler Place Subdivision—Improvements Agreement 3
B) The City may enforce any other remedy provided by law.
6. 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 sustained by any
person or entity in connection with, or on account of the performance of work at the development site
and elsewhere pursuant to this Agreement. Subdivider further agrees to aid and defend the City in the
event that it is named as a defendant in an action concerning the performance of work pursuant to this
Agreement except where such suit is brought by the Subdivider. The Subdivider is not an agent or
employee of the City
7. Attorney 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.
8. 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. All landscaped areas required by this Agreement shall be permanently
maintained by the Subdivider pursuant to section 18.49.110 of the City of Bozeman Unified Development
Ordinance.
9. Governing Law
This Agreement shall be construed according to 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.
Fowler Place Subdivision—Improvements Agreement 4
10. Modification or Alterations
No modifications or amendment of this Agreement shall valid, unless evidenced by a writing
signed 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
It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in part,
without prior written consent to City.
13. Successors
Except as provided in paragraph twelve (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. Fili a
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 of Meadow Creek Subdivision, Phase I,
is filed.
Fowler Place Subdivision—Improvements Agreement S
SUBDIVIDER
Fowler Place S division LLC
BY:
B. Neal Ainsworth, Managing Partner
STATE OF MONTANA )
:ss
County of Gallatin )
On this `day of `�lsC Ot- i , 2006,, efore me a Notary Public of the State of Montana,
personally appeared ( , Incorporated., 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
first above written.
(SE_` L) Ji
`^ •
zfin ed Namere) J J C'S
/(P .l�. �- � C C
Notary Public fqr the State of Montana
Residing at V m'a 4(
A � My Commission' xpires: 2 /1 vZ E) a
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Fowler Place Subdivision—Improvements Agreement 6
THE CITY OF BOZEMAN
BY: ANDREW C. EPPLE
PLANNING DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
Y� 1
On the day of � , 2006, before me, a Notary Public for the State of
Montana, personally appeared Andrew C.cEpple, 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 ��ftc�
(Printed Name Here)
Notary Public for the State of Montana
=/ate' pTl�Rlq = Residing at >ZE.
My Commission Expires: 'r r 7 La
* (Use 4 digits for expiration year)
SEAL ••
Fowler Place Subdivision—Improvements Agreement 7
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
------------------------------------------------------------------------------------------------------------------------------------
Date:
Project: Fowler Place Subdivision
Developer: Green Wing Teal, LLC., B. Neal Ainsworth, Managing Partner
------------------------------------------------------------------------------------------------------------------------------------
Improvement Estimated Cost
Street Boulevard Landscape
& Park Land Improvements Per Greenspace landscaping, Inc. Estimate $40,623.00
Irrigation Per Greenspace landscaping, Inc. Estimate $5,203.00
Trail Improvements (1,465 if @ $21/If) Per Greenspace landscaping, Inc. Estimate $30,765,00
Boulevard Sidewalks (13,510 s£@ $4/s fl Per Engineering, Inc. Estimate $54,040.00
Total = $130,631.00
x 1.5 = $195,946.50
Approved by City Engineer's Office;aJ� Date
Fowler Place Subdivision—Improvements Agreement 8
NOTICE OF BUILDING PERMIT RESTRICTIONS
FOWLER PLACE SUBDIVISION
NOTICE IS HEREBY GIVEN to all potential purchasers of residential subdivision lots in Fowler Place
Subdivision, which is described herein, that the final plat of said subdivision lot was approved by the
Bozeman City Commission before all required improvements were completed, as is allowed in Chapter 18.74,
City of Bozeman Municipal Code. 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 Fowler Place Subdivision,
until all subdivision improvements are completed and accepted by the City of Bozeman. These
improvements include the sidewalks adjacent to Durston Road and Fowler Avenue. Building Permits will be
issued prior to the irrigation, seeding, landscaping, trail construction, and well installation as long as said items
remain under financial guarantee.
Fowler Place Subdivision , is legally described as being a tract of land situated in a portion of the NW1/4 of
Section 11, and the NE1/4 of Section 10, T. 2 S., R. 5 E., P.M.M., City of Bozeman, Gallatin County,
Montana, more particularly described as follows:
Beginning at a point which is the northwest corner of Section 11, T. 2 S., R. 5 E., P.M.M.; thence, from said
point of beginning, S 89°02'58" E, 443.82 feet along the north line of said Section 11 to the northwest corner
of Tract 7 of Smith Subdivision; thence S 01°53'35" W, 1335.47 feet along the west line of said Tract 7 to the
southwest comer of said Tract 7, said point being on the north line of Lot 6,Pleasant Valley Subdivision No.
1; thence N 89°02'54" W, 404.80 feet along the north line of said Lot 6 and the north line of Tract 3-B of
Certificate of Survey No. 1069 Amended, to the northwest corner of said Tract 3-B and the west line of
Section 11; thence N 00°13'08" E, 1119.40 feet along said section line; thence N 34°29'10" W, 102.51 feet;
thence N 00°50'39" W, 133.08 feet to the north line of Section 11; thence S 88°31'42" E, 60.85 feet along said
section line to the point of beginning, containing 13.2443 acres, more or less, subject to any existing
easements and/or rights-of-way, whether of record or apparent on the ground.
DATED this d of � �/ 2006.
CITY BOZEMAN
���
Andrew C. Epple,
Director of Planning and Community Development
STATE OF MONTANA)
ss
County of Gallatin )
On the 2(L:�, '--day of j ,1C� ��y�.�` f , 2006, 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 Director of Planning and Community Development 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 se�my hand and affixed my Notarial Seal the day and
year first above written.
(Seal)
(Printed Name Here)
Notary Public for the State of Montana
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` �.:,.E c: • s�i,,���/ Residing at'BQKjF 4r
. % My Commission Expires: ( , r tt �GQ
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