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Home My WebLink About07- Legends at Bridger Creek 2 PUD Subdivision Inter-office Ori final to City of Bozeman Planning Department P.O Box 1230 SUBDIVISION IMPROVEMENTS AGREEMENT LEGENDS AT BRIDGER CREEK II PUD SUBDIVISION THIS AGREEMENT is made and entered into this k-7 day of All art-/,2007, by and between Edgefield,LLC,Managing Member Guinness Partners,Inc,James P.McLeod Vice- President and Authorized Anent of Guinness Partners, Inc.. 430 Ryman, 2nd Floor. Missoula MT 59802,Paul Rugheimer.506 Oxford Drive,Bozeman,MT 59715,Peter Rugheimer. 1404 Story Mill Road,Bozeman,MT 59715,Mary Rugheimer Wictor.408 208t"Ave.NE. Sammamish.WA 98074- 6959,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 Legends at Bridger Creek II PUD Subdivision to subdivide—57 acres into— 127 single household residential lots,streets,alleys,parks and open space on property located--- 1.300 feet east and—300 feet north of the intersection of MT Highway 86(aka Bridger DriveBridger Canyon Road) and Story Mill, and legally described Tract 2 of the Plat Recorded in Film 12,pg.825,and Lots 27 and 28 of the Mt.Baldy Subdivision,located in the S/2 of Section 32, T1 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 fiill 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 herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as Tract 2 of the Plat Recorded in Film 12,pg. 825.and Lots 27 and 28 of the Mt.BaIdv Subdivision located in the S'/Z of Section 32, T1S,R6E. PMM. Citv of Bozeman. Gallatin Countv. Montana. managing;member Guinness Partners,Inc.James P.McLeod,Vice-President,430 R=an 2°a Floor Missoula.MT 59802,Paul Rugheimer, 506 Oxford Drive. Bozeman,MT 59715,Peter Ru heimer 1404 Story Mill Road. Bozeman. MT 59715, Mary Rugheimer Wictor, 408 208"' Ave. NE. Sammamish, WA 98074-6959, 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 Nvith 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 Except as provided in paragraph 12, this Agreement shall be binding upon, ensure to the benefit of,and be enforceable bythe 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. 1 PR PERTY OWNER James P�. McLeod,Vice-'President and Authorized Agent of Guinness Partners, Inc, the managing member of Edgefield, LLC STATE OF MONTANA j ss County of Gallatin ) On this �— day of (,( , 2007, before me, the undersigned, a Notary Public for the State of Montana,personally appeared James P.McLeod,known to me to be the Vice- President and Authorized Agent of Guinness Partners Inc the managing member of Edgefield 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. r (Sign ture above) R Q�� l• Nj-zas (� � $ (Printed Name above) L • Notary Public for State of Montana • ro: Residing at: G\ Lu �" . •• � � Commission Expires: Q �U o f M°�� (Use 4 digits for expiration year) �i�!!!t 111"N�� Legends at Bridger Creek I1 PUD Subdivision(Z06021 /P06009)Improvements Agreement: Page 5 of 10 PROPERTY"OWNER UY \ Peter Rugheimer STATE OF MONTANA ) ss County of Gallatin } On this _ day of l G( 2007. before me, the undersigned, a Notary Public for the State of Montana, peAonally appeared Peter Rugheimer, 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. ,--TSi ature abgygl—. (Seal) (Printed Name above) Notary Public for State of Montana Residingat`j ftit^?e Commission Expires: Lc r. (Use 4 digits for expiration year) Legends at Bridger Creek 11 PUD Subdivision(Z06021/P06009)Improvements Agreement: Page 7 of 10 THE CITY OF BOZEMAN Andrew C. Epple, AICP Planning Director STATE OF MONTANA ) :ss County of Gallatin ) On this_Vday of et,'!, f; 2007. before me, a Notary Public for the State of Montana,personally appeared Xndrew 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. (SiCY ture abo e) (Seal) Ss (Printed Name above) N m R� for State of Montana OTq q' _ . Notary Public �.� • _ Residing at: n Nam. * Commission Expires: � �,('��Ck L a (Use 4 digits for expiration year) Legends at Bridger Creek II PUD Subdivision(Z06021 /P06009)Improvements Agreement: Page 9of 10 Creekside Nursery& Landscape, Inc. �� 5620 Bridger Canyon Road Bozeman MT 59715 Date Estimate No. 04/18/07 5560 Name/Address Aspen Partners 1 lic 430 N_ Ryman 2nd Floor Missoula MT 59802 Terns Project Due on receipt Park&OS2 Landscaping Description Orty Hate Total Emerald queen Maple 2.5" cal. 6 240.00 1,440-00 Accolade Elm 2-5"cal 6 240.00 1,440.00 Redmond linden 2.5" cal 3 240.00 720.00 Patmore ash 2-5" cal_ 6 240.00 1,440.00 ",ittle Leaf Linden 2.5"cal. 5 240.00 1,200.00 tack Ash 2.5"cal 3 240.00 720.00 Amure Chokecherry 5 gal 6 39.00 234.00 Colorado Spruce 6' 6 170.00 1,020.00 Canada Red Chokecherry 5' 3 45.00 135.00 Engieman Spruce 6' 9 185.00 1,665-00 Spring Snow Crab 6 49.00 294.00 Japanese Tree Lilac 5 gal 3 59.00 177.00 Skyline Honeylocust 2.5"cal. 3 240.00 720.00 Delivery& Planting 1 4,826.25 4,826.25 Tree Stakes 47 7.00 329.00 Sod, kie., Reek i iounding, sod,delivery& in3tallationUri<< Ell t1 55,000 .175 9,a6.- +9; �. Drill Seeding 102,267 0.175 17,896.73 Trail System 1,390 1.25 1,737.50 Natural fines 154 22.00 3,388.00 Drill Seeding Boulevard and additional items marked on park area 15,314 0.175 2,679.95 boudnes Weed Barrier Fabric for pathway 8,340 0.12 1,000.80 Under ground Sprinkler by Stay Green Sprinklers 1 32,298.00 Electrical Hook Ups for 2 wells by Millenium Electric 1 2,540.00 2,540,00 (Opfv Pumps and labor for 2 wells in Park 1 5,400.00 •4 finance charge of 1/2%per month(180%annually)will be assessed to amounts ,, , npaid after 30 days. Total E / Creekside Nursery& Landscape, Inc. Estimate 5620 Bridger Canyon Road Bozeman MT 59715 Date Estimate No. 04/18/07 5562 Name/Address Aspen Partners 1 Ilc 430 N. Ryman 2nd Floor Missoula MT 59802 Terms Project Due on receipt Open Space 13 and 14 Landscaping Description oty Rate Total Emerald queen Maple 2.5"cal- 2 240.00 480.00 Patmore ash 2.5"cal 2 240.00 480.00 Skyline Honeyiocust 2.5"cal. 1 240.00 240.00 Redmond linden 2.5"cal. 1 240.00 240.00 Accolade elm 2.5"cat 2 240.00 480.00 Spring Snow Crab 5' 6 49.00 294.00 Amure Chokecherry 5 gal 7 39.00 273.00 Japanese Tree Lilac 5 gal. 5 59.00 295.00 Engleman Spruce 6' 1 185.00 185.00 i Delivery & Planting 1 1,335.15 1,335.15 Tree Stakes 1 18 7.00 126.00 13,650 0.175 2,388,75 Under ground Sprinkler by Stay Green Sprinkler 1 4,420.00 4,420.00 I 'A finance charge of 112%per month (18%annually)will be assessed to amounts unpaid after 30 days. Total $11,236.90 Creekside Nursery & Landscape, Inc_ Estimate 5620 Bridger Canyon Road �t Bozeman MT 5015 Date Estimate Ne_ 04/18/07 5559 Name/Address Aspen Partners 1 lic 430 N. Ryman 2nd Floor Missoula MT 59802 Terms Project Due on receipt Qpen Space 11 & 12 Landscaping Description Qty Rate Total Russian Sage 2 gal 181 20.00 3,620.00 Karl Forester Grass 2 gal 83 20.00 1,660.00 Fire Dropseed Grass 2 gal 229 20.00 4,580.00 Autum Joy Seedum 2 gal 111 20.00 2,220.00 ancleaf Coreopsis 2 gal 201 20.00 4,020.00 Saskatoon Serviceberry 5 gal 17 28.00 476.00 Dogwood 5' 19 45A0 855.00 Alpine Current 5 gal 24 26.00 624.00 Aspen 4-6'5 Gal 9 28.00 252.00 Delivery & Planting includes fabric& mulch 1 8,232.15 8,232.15 5ed' 11,037 0.05 , 9.36- 3- '�— l �! Steel edging green 240 3,00 720.00 edging tenching and instalations 1 240.00 240.00 Medium sized bark mulch 32 38.00 1,216.00 Weed Barrier Fabric 3,218 0.12 386.16 Steel edging for tot seperation 322 3.00 966.00 Labor for instalation of steel edging for lot seperation 322 1.00 322.00 Trail Systems 27.5 22.00 605.00 Labor for installing of trail system 246 1.25 307.50 Under ground Sprinkler by Stay Green Sprinkler 1 4,000.00 4,000-00 A finance charge of 1/20/6 per month (18%annually)will be assessed to amounts Total � 3-7 unpaid after 30 days. I Page Letter of Credit I11 56 Publication No.500. and effective January 1, 1994, as further described and in accordance with the Uniform Commercial Code as found in 30-5-101, M.C.A., et seq Any questions or issues arising from his Standby Letter of Credit will be governed b_v the laws of the State of Montana with venue in Missoula. County, Montana. Sincerely, Linda WCarthy -Vice President Commercial-Lendina