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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 ��k•• S /� T •• �k` (Use 4 digits for expiration year) ��/lp1F ll IMp``\\���� Meadow Creek Subdivision, Phase One—Improvements Agreement 8 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------------------------------------------ Date• Project: Meadow Creek Subdivision, Phase One Developer: Meadow Creek Partners, Inc., Neal Ainsworth, Managing Member ------------------------------------------------------------------------------------------------------------------------------------ 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