HomeMy WebLinkAbout06- Meadow Creek Subdivision, Phase 1 City of Bozeman
Department of Planning and Community Development
P.O. Box 1230
Bozeman, MT 59771-1230
IMPROVEMENTS AGREEMENT
FOR
MEADOW CREEK SUBDIVISION, PHASE ONE
This AGREEMENT is made and entered into this day of �V6gy&A-' , 2006,by and
between NEAL AINSWORTH, MEADOW CREEK PARTNERS,LLC, 924 Stoneridge Drive, Suite 1,
Bozeman, MT 59718,hereinafter called the "Subdivider",and the CITY OF BOZEMA.N, 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 Meadow Creek
Subdivision, Phase One, to subdivide 118.4709± acres and create 155 residential lots; and
WHEREAS,it is the intent and purpose of the Subdivider to obtain Final Plat approval for
Meadow Creek Subdivision, Phase One;Planning Application No. P-06058;and
WHEREAS, it is the intent of the Subdivider to file the Final Plat for Meadow Creek
Subdivision, Phase One,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 requited 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 Meadocr- Creek
Subdivision, Phase One.
Meadow Creek Subdivision,Phase One—Improvements Agreement 1
NOW, THEREFORE,in consideration of the mutual covenants and conditions contained herein,
it is hereby agreed as follows:
I. Property Description
This Agreement pertains to, and includes, those properties which are designated and identified as
being:
A tract of land situated in portions of the SW1/4NE1/4, SE1/4SW1/4, and W1/2SE1/4 of Section
23, T. 2. S., R. 5 E., P.M.M., Gallatin County, Montana, more particularly described as follows, to-
wit:
Beginning at a point which is the southeast corner of Lot 27 of Genesis Business Park subdivision;
thence from said point of beginning S 01°02'41" W, 337.74 feet along the west line of Minor
Subdivision 235; thence
S 01002'09" W, 923.12 feet; thence S 00°4524" W, 77.29 feet; thence S 01°03'32" W, 669.17 feet to
the southerly right-of-way limit of Enterprise Boulevard; thence N 88°53'05" W, 39.44 feet along
said right-of-way limit to a point of curve; thence clockwise along a curve with a radius of 380.00 feet
an arc distance of 317.94 feet (chord bearing N 64°54'55" W, chord length 308.75 feet) to the
southerly right-of-way limit of Parkway Avenue;thence
S 52-19-53" W, 90.04 feet to a point of curve; thence counterclockwise along a curve with a radius of
770.00 feet an arc distance of 688.94 feet (chord bearing S 26°41'57" W, chord length 666.19 feet);
thence
S 01004'01" W, 101.49 feet to the northerly right-of-way limit of Ainsworth Drive; thence S 88057'47
E, 161.31 feet; thence S 01°04'01 W, 181.83 feet to a point of curve; thence counterclockwise along a
curve with a radius of 485.00 feet an arc distance-of 106.36 feet (chord bearing S 05'12'56" E, chord
length 106.15 feet); thence S 11°29'S3" E, 33.91 feet; thence clockwise along a curve with a radius of
515.00 feet an arc distance of 116.47 feet (chord bearing S 05°01'10" E, chord length 116.22 feet);
thence
S 01027'34" W, 306.42 feet; thence clockwise along a curve with a radius of 315.00 feet an arc
distance of 54.79 feet (chord bearing S 06°26'32" W, chord length 54.72 feet);thence S 11'25'31" W,
101.63 feet; thence counterclockwise along a curve with a radius of 285.00 feet an arc distance of
42.75 feet (chord bearing S 07°07'41" W, chord length 42.71 feet); thence S 02°49'51" W, 103.12 feet
to the northerly right-of-way limit of Last Loop Drive; thence S 21°31'34" W, 64.64 feet to the
southerly right-of-way limit of Last Loop Drive; thence S 01°01'54" W, 258.86 feet to the south line
of Section 23; thence N 88°58'06" W, 786.91 feet along said line to the south 1/4 corner of Section
23; thence N 88°49'22" W, 1328.27 feet to the west 1/16th corner common to Sections 23 and 26;
thence N 01°19'12" E, 1331.29 feet along the west 1/16th line of Section 23 to the southwest 1/16th
corner of said section; thence S 88°50'58" E, 1331.58 feet along the south 1/16th line to the center-
south 1/16th corner; thence N 01°2744" E, 1378.08 feet to the northerly right-of-way limit of Graf
Street;thence S 88°53'38" E,562.85 feet to the westerly line of the Certificate of Survey on file in the
clerk & recorders office of Gallatin county on Film 9, Page 1156; thence N 04°25'12" E, 23.20 feet;
thence
N 26011'10" E, 78.28 feet; thence N 00°33'44" W, 1203.91 feet to the south line of Genesis Park
subdivision; thence S 88°34'05" E a distance of 738.75 feet to the Point of Beginning, containing
118.4709 acres, more or less, subject to any easements and or rights of way of record or apparent on
the ground.
Meadow Creek Subdivision,Phase One-Improvements Agreement 2
2. Improvements
This Agreement specifically includes the following improvements for said major subdivision; a)
boulevard sidewalks, b) boulevard street lighting, c) boulevard landscape and landscape irrigation
improvements, d) parkland improvements. The Estimated Cost of said improvements has been estimated
by Engineering, Inc., 705 Osterman Drive, Suite F, Bozeman, MT 59715 at Siu Hundred and Fifty
One Thousand One Hundred and Thirty One Dollars and 98/100 (,$651.Z31.9 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
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
City Commission, or November 27, 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.
Meadow Creel:Subdivision,Phase One—Improvements Agreement 3
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, Suite 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.
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
Meadow Creek Subdivision,Phase One—Improvements Agreement 4
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.
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.
Meadow Creek Subdivision, Phase One—Improvements Agreement 5
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. Filin
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 One,
is filed.
Meadow Creek Subdivision,Phase One—Improvements Agreement 6
SUBDIVIDER 6s
B F4L AINSWORTH, Managing Partner
Meadow Creek Partners,LLC
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of 77 c,� ,�.1�w , 2006, before me a Notary Public of the State of Montana,
personally appeared Neil Ainsworth, Managing Partner, Meadow Creek Partners, LLC, 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 mv Notarial Seal the day and year
first above written. /
(SEAL)
Pc� �S
(Printed Name ere)
Notary Public or the State of Montana
Residing at c
My Commissio` xpires: .2 001
(Use 4 digits for expiration ye
Meadow Creek Subdivision,Phase One—Improvements Agreement 7
THE CITY OF BOZEMAN
1
B :ANDREW C. EPPLE
PLANNING DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA }
:ss
County of Gallatin' )
r�•
On the y Z day of 1'J°ids?+�6C r , 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 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)
`\�,NN`����,E E•y����-i, (Printed Name Here)
�.� Q.P. • ' • . �'>,-� Notary Public for the State of Montana
�pTAR/q� % Residing at —,,
_ My Commission Expires: �'jq
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Meadow Creek Subdivision, Phase One—Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
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Date•
Project: Meadow Creek Subdivision, Phase One
Developer: Meadow Creek Partners, Inc.,
Neal Ainsworth, Managing Member
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Improvement Estimated Cost
Street Boulevard Landscape
&Park Land Improvements Per Cashman Nursery Estimate $106,032.80
Irrigation Per Cashman Nursery Estimate $102,900.00
Trail Improvements Per Madison Engineering Estimate $ 28,550.00
Boulevard Sidewalks @ $3.75/sf Per Engineering, Inc. Estimate $390,477.38
Enterprise—Parkway to S 23`d Per Madison Engineering Estimate $23,171.80
Total = S651.131,98
x 1.5 = $ 976,697.97
WApproved by City Engineer's Office Date d�
Meadow Creek Subdivision,Phase One—Improvements Agreement 9