HomeMy WebLinkAbout07- Loyal Garden Major Subdivision, Phase 1A J-4b/
Inter-office Original to:
City of Bozeman
Planning Department
20 East Olive Street
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Charlotte Mills-Gallatin Co MTMISC 77,00
Loyal Garden Major Subdivision Phase lA #P-07014
IMPROVEMENTS AGREEMENT FOR
LOYAL GARDEN MAJOR SUBDIVISION, PHASE 1A
BOZEMAN,MONTANA
THIS AGREEMENT is made and entered into this dayof uAi_� ,2007,by
and between Covenant Investments, Inc.,P.O. Box 11428, Bozeman,MT 59719 hereinafter called the
"Subdividers",and the Cityof 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 for Loyal Garden Major Subdivision Phase 1A to
divide 75 acres into 50 lots and 1 remainder tract (Planning Application No. P-07014) on property
generally located on the southwest comer of Huffine Lane and Cottonwood Road; 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 major subdivision application.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
Improvements Agreement Page 1
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Charlotte Mills-Gallatin Co MTMISC 77.00
Loyal Garden Major Subdivision Phase lA #P-07014
1. Property Description
This Agreement pertains to and includes those properties which are designated and identified as follows:
All lots, streets, public park and private open space platted within Loyal Garden Major Subdivision
Phase 1A, located within the NE 1/a, Sec. 16, T2S, R5E, City of Bozeman,Montana
2. Improvements
This Agreement specifically includes detention ponds street signage and striping sidewalks,landscaping
park improvements. lift station, offsite water and sewer, Cottonwood Road improvements including
culverts, road excavation, pit run gravel cushion gravel asphalt asphalt trail and Cottonwood and
Huffine signal improvements as illustrated on the plans and specifications contained in the City
Engineering Department and Planning Department files. The estimated cost of these improvements is
$358,856.52.
3. Financial Guarantee,Time for Completion of Improvements
It is the Subdivider's intent to file the final subdivision plat prior to the completion of said
improvements. Therefore,this Agreement shall be secured by a financial guarantee in the form of a
Letter of Credit, No. 06-11 issued by Valley Bank, dated June 11, 2007 with a maturity date of
June 11,2008 in the amount of $538,234.78,which is one and one-half times the estimated cost of the
installation of all required improvements. The Subdivider hereby agrees that the placement of pins.
street lights and bollards,cushion gravel curb and gutter,asphalt,paving lift station offsite water and
sewer, Cottonwood Road improvements including culverts road excavation, it run gravel cushion
gravel,asphalt,asphalt trail and Cottonwood and Huffine signal improvements shall be completed prior
to issuance of a building permit;the asphalt trail,landscaping and park improvements shall be installed
by ; and all interior sidewalks adjacent to individual lots shall be installed by
May 21, 2010. 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 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.
Improvements Agreement Page 2
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0611 II Illl 1 2007 09.36A
Charlotte Mills-Gallatin Co M7MISC 77.00
Loyal Garden Major Subdivision Phase 1 A #P-07014
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, Covenant Investments, Inc.,P.O.Box
11428,Bozeman,MT 59719,or such other address as the Subdividershall provide to the Cityfrom time
to time,without being completely remedied,satisfied,and discharged,the Citymayelect 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 Subdivider shall permit
and secure any additional permission required to enable them to do so.
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. The Subdivider further agrees to aid and defend the Cityin
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 bythe Subdivider. The Subdivider is not an agent or
employee of the City.
7. Warranty
The Subdivider shall warrant against defects in these improvements for a period of two 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.
Improvements Agreement Page 3
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Charlotte Mills-Gallatin Co MTMISC 77.00
Loyal Garden Major Subdivision Phase 1A #P-07014
SUBDIVIDER
Dewin Ma ill,President
Covenant(nvestments,Inc.
STATE OF MONTANA )
:ss
County of Gallatin 1 }
h �
On this day of �ti 2 , 2007, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Dewin Madill, known to me to be the
President of Covenant Investments. Inc. 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.
(SEAL)
Printed Name
X�OTAIJ/,q4 Notary Public for the State of Montana
Residing at Bozeman,Montana
*' * My Commission Expires�l� ,�,C
.• S '
�Nj. •• ••'�Q'� (Use 4 digits for expiration year)
OF M0
VZ ON
Improvements Agreement Page 5
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06/14/2007 09:36A
Charlotte Mills-Gallatin Co MTMISC 77.00
Loyal Garden Major Subdivision Phase 1A #P-07014
9. Attorney's Fees
In the event it becomes necessary for eitherpartyto this Agreement to retain an attomeyto enforce any
of the terms or conditions of this Agreement,then the prevailing parry shall be entitled to reasonable
attorneys fees and costs,to include the 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
It is expressly agreed that the Subdivider shall not assign this Agreement in whole, or in part,without
prior written consent of the City.
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.
Improvements Agreement Page 4
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06/14/2007 09.36A
Charlotte Mills-Gallatin Co MTMISC 77.00
Loyal Garden Major Subdivision Phase IA #P-07014
THE ITY OF BOZEMAN
Andrew C. Epple, Director
Department of Planning&Community Development
STATE OF MONTANA )
:ss
County of Gallatin i—
On the day of V ,2007,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 City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year first written above.
(SEAL)
Printed Name
Notary Public for State of Montana
Residing at: Bozeman, Montana c
N0TAR1,q':m s Commission Expires:
*; - (Use 4 digits for expiration year)
N�..SEAL .'
-9 -
Vi///OF,�,0`�Q.\`���
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Improvements Agreement Page 6
Thomas, Dean & Hoskins,Inc.
TD&
Engineering Consultants
Juke 12, 2007
RE: Loyal Garden Subdivision,
Phase 1, Improvements
Agreement
Q
� ID
m City of Bozeman
�T0
M w, Planning Department
N P.O. Box 1230
N m a Bozeman, MT 59771-1230
Napo
Attention: Jami Morris, Planner
� r
The following items need to be completed or financially guaranteed prior to filing final
plat for Loyal Garden Phase I. The summary below itemizes these costs.
°
U
Remainine Onsite Improvements.
EST. UNIT
- N
IC
DESCRIPTION QUANTITY UNIT PRICE AMOUNT
E
d
°
Site Grading (includes ponds) 1 LS $72,750.00 $1,000.00
(remaining)
Detention Pond
12" PVC 200 LF $43.65 $8,730.00
Rip Rap 1 LS $2,425.00 $2,425.00
Outlet Structures 1 EA $1,746.00 $1,746.00
Street Improvements
3" Crushed Base Course (1.5"
minus for trail) 1,270 SY $3.88 $4,927.60
5' Sidewalk (by owner) 5325 SF
$2.85 $15,176.25
215 West Mendenhall, Suite C-1 • Bozeman, MT 59715 • (406)586-0277 • FAX(406)586-4951
r, 5' Sidewalk (private) 22,975 SF $2.85 $65,478.75
o 0 6' Sidewalk (by owner) 7,020 SF $3.25 $22,815.00
�CO
a
m�
N a o Signage and Pavement Marking
fi Flexible Delineator Posts, In Place 20 EA $35.00 $700.00
Curb Bulb Painting 1,881 LF $1.94 $3,649.14
E
Property Pins LS $4,000.00
Landscaping Parks Improvements
landscaping per Land Design Inc.
$102,033.00
f,
Existing Residence Service
Connections
Sewer 425 LF $19.40 $8,245.00
0
Water 35 LF $20.00 $700.00
4" Cleanouts 3 EA $242.50 $727.50
Street Lights 18 EA $1,800.00 $32,400.00
Phase 1
Total $274,753.24
Remaining Offsite including Liftstation
EST. UNIT
DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Sewer Improvements
Sanitary Sewer Pipe, In Place
12" PVC SDR 35 10 LF $30.00 $300.00
Remove and reset sign 5 EA $200.00 $1,000.00
Remove and replace
asphalt 194 SY $20.00 $3,880.00
Liftstation IIIIIIIIIIiIIIIIIII 2269347
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(Total Contract Charlotte Mills-Gallatin Co MTMISC 77.00
$255,000,00)
Remaining contract
amount $10,000.00
Offsite Total $15,180.00
Cottonwood Road Improvements
EST. UNIT
DESCRIPTION QUANTITY UNIT PRICE AMOUNT
Street Improvements
Asphalt 3" - Centerline
Strip and Trail
2,945 SY $8.50 $25,032.50
3" Crushed Base
Course (1.5" minus for
trail)
2,377 SY $3.88 $9,222.76
Signing and Striping
Obliterate Existing 4"
Double Yellow
Pavement Marking 907 LF $1.50 $1,360.50
Obliterate Existing 8"
Single White Pavement
Marking 500 LF $1.50 $750.00
Obliterate Existing 24"
Single White Pavement
Marking 102 LF $1.50 $153.00
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06/14/2007 09.36R
Charlotte Mills-Gallatin Co MTMISC 77,00
New 4" Single White
Epoxy Striping 21.3 GAL $150.00 $3,195.00
New 4" Single Yellow
Epoxy Striping 7.2 GAL $150.00 $1,080.00
New 4" Double Yellow
Epoxy Striping 42.2 GAL $150.00 $6,330.00
New 8" Single White
Epoxy Striping 4.8 GAL $150.00 $720.00
New 24" Single Yellow
Epoxy Striping 14.7 GAL $150.00 $2,205.00
New 8" Single White
Plastic Striping 596 LF $8.25 $4,917.00
New 24" Single White
Plastic Striping 148 LF $23.25 $3,441.00
New White Plastic
"ONLY" 65.7 SF $25.75 $1,691.78
New White Plastic Left
Turn Arrow 46.7 SF $25.75 $1,202.53
New White Plastic
Combination Arrows 78 SF $25.75 $2,008.50
New White Plastic
Arrow- Bike Lane 13.7 SF $25.75 $352.78
New White Plastic Bike
Symbol 17.9 SF $25.75 $460.93
Reset D10-1 A Sign 1 EA $300.00 $300.00
Reset M1-12 & M6-1
Sign 1 EA $300.00 $300.00
Reset OHD-3 Sign 2 EA $300.00 $600.00
Reset R2-1(35) Sign 1 EA $300.00 $300.00
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Charlotte Mills-Gallatin Co MTMISC 77.00
Reset R2-1 (55) Sign 1 EA $300.00 $300.00
New R3-8C Sign 2 EA $500.00 $1,000.00
New R3-17 & R7-9 Sign 3 EA $500.00 $1,500.00
New W5-1 Sign 1 EA $500.00 $500.00
Total $ 68,923.28
The total cost of improvements remaining for phase 1 of the Loyal Garden Subdivision is
$358,856.52.
The letter of credit will need to be $358,856.52 X 1.5 = $538,284.78. Please forward to
us the draft improvements agreement so that I can have the owner review it as soon as
possible. Thank you for your assistance.
Sincerely,
Thomas, Dean &Hoskins, Inc.
z GF�
Keith Waring, P.E.
J:\2005\B05-002\015\lmprovements Agreement Phase lA\P1anlmproveLtr 6.06.07.doc