HomeMy WebLinkAbout10- Norton Ranch East Major Subdivision, Phase 1 Send Original to:
City of Bozeman
Planning Department
P.O.Box 1230
Bozeman,MT 59771
IMPROVEMENTS AGREEMENT
FOR
NORTON RANCH EAST MAJOR SUBDIVISION,PHASE ONE
This AGREEMENT is made and entered into this rl/ day of Lk C , 2010,
by and between NORTON PROPERTIES, LLC, 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-07047, for the Final Plat application of the Norton East Ranch
Major Subdivision, Phase I (#P-I0010),to subdivide 21.453t acres and create 35 single family dwelling
lots, 4 multi-family residential lots, and the remaining area as open space, public streets and alleyways
and public parklands; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval for the
Norton East Ranch Major Subdivision,Phase 1; and
WHEREAS, it is the intent of the Subdivider to file the Final Plat for the Norton East Ranch
Major Subdivision, Phase 1, prior to the installation of all required subdivision improvements for Phase
One; 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 parti1 s
Norton East Ranch Major Subdivision,Phase 1—Improvements Agreement 1
hereto,to satisfy the improvements guarantee requirements for the Final Plat approval of the Norton East
Ranch Major Subdivision,Phase 1.
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:
Norton East Ranch Major Subdivision, Phase 1, being a tract of land located in the
NWI/4SE1/4,NEl/4SW1/4, and the SW1/4NE1/4 of Section 9, 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 southeast 1/16th corner of Section 9, Township 2 South,
Range 5 East, P.M.M.;thence from said Point of Beginning N 89'34'10" W, 306.26 feet
along the south 1/16th line of said Section 9;thence N 00°25'50" E, 420.00 feet;
thence N 89034'10" W, 261.00 feet; thence N 00°25'50" E, 675.72 feet;
thence N 89°39'23" W, 371.00 feet; thence S 00°25'50" W, 16.86 feet;
thence N 89°39'23" W, 60.00 feet;
thence S 00°25'50" W, 598.20 feet; thence N 89034'10" W, 399.79 feet;
thence N 07°59'26" W, 32.94 feet to a point of curve; thence clockwise along a 255.00
radius curve to the right, through an internal angle of 7°15'37", an arc distance of 32.31
feet,with a chord bearing of N 04°24'47" W, 32.29 feet; thence N 00°46'58" W, 522.27
feet; thence N 8718'05" E, 76.89 feet; thence N 74°25'09" E, 55.25 feet; thence N
50013'00" E, 105.97 feet; thence N 14°10'39" E, 133.86 feet; thence S 89°39'23" E,
234.78 feet; thence S 00°25'50" W, 119.31 feet to a point of a non-tangent curve;
thence clockwise along a 50.00 radius curve to the right, through an internal angle of
10°38'59", an arc distance of 9.29 feet, with a chord bearing of S 48°47'39" E, 9.28 feet,
to a point of reverse curve;thence counterclockwise along a 15.00 radius curve to the
left,through an internal angle of 46°11'13", an arc distance of 12.09 feet,with a chord
bearing of S 66°33'46" E, 11.77 feet to a point of tangent;
thence S 89°39'23" E, 757.92 feet; thence N 2°08'35" E, 220.11 feet;
thence S 89°39'23" E, 198.35 feet to the east 1/16th line of Section 9;
thence S 2°30'04" W, 45.03 feet along said east 1/16th line to the center-east 1/16th
corner of Section 9; thence S 2°08'35" W, 1332.23 feet along the east 1/16th line of
Section 9 to the Point of Beginning, said tract of land being 21.453± acres more or less,
subject to all existing easements of record or of fact.
2. Improvements
This Agreement specifically includes the following improvements for Phase 1: a) street boulevard
landscape and landscape irrigation for West Babcock Street and Fallon Street,b) public parkland and
Norton East Ranch Major Subdivision,Phase I-Improvements Agreement 2
open space Iandscape improvements and landscape irrigation,c)parkland site furnishings, d)public trail
improvements, e)City standard boulevard sidewalks, f) street light installation,g) storm water runoff
facility grading and hydro seeding, h) lift station improvements and i) street, crosswalk and accessory
street signage. The Estimated Cost of said improvements has been estimated by Sanderson Stewart, 106
East Babcock, Bozeman,MT 59715, at One Hundred Fifty Eight Thousand Sixteen Dollars and Ten
Cents($158.016.10) and is attached and made a part of this Agreement, as Exhibit "A".
3. Financial Guarantee,Time for Completion of Improvements,Additional restrictions
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 financial guarantee acceptable to the City of Bozeman, 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 the following subdivision related improvements shall be
installed and completed within one (1) year of the filing of the final subdivision plat for Norton East
Ranch Major Subdivision, Phase 1: a) boulevard sidewalks along common open space areas and/or
public parks, b) boulevard streetscape and irrigation along all common open space areas and public
parks, c) pubic parkland and trail improvements, e)finish grade and hydro seeding of storm water
facilities, e) landscape and irrigation of all common open space areas, and f) installation of
boulevard street lights.
The Subdivider hereby agrees that the following subdivision related improvements shall be
installed and completed within two (2) years of the filing of the final subdivision plat for Norton
East Ranch Major Subdivision, Phase 1 or prior to occupancy of any structure on said adjoining
l
Norton East Ranch Major Subdivision,Phase 1—Improvements Agreement 3 '
lots whichever comes first: a) landscape,streetscape and irrigation improvements for all perimeter
street boulevards for West Babcock Street and Fallon Street.
All boulevard sidewalks for individual subdivision lots in Phase 1 shall be installed and
completed with issuance of a building permit and prior to issuance of an occupancy permit or
within three(3) years of the filing of the final plat for Norton East Ranch Major Subdivision,Phase
1 whichever comes first,in order to avoid default on the method of security.
The Subdivider agrees that no delegation of performance required by this agreement shall relieve
the Subdivider of any duty to perform or any liability for the breach of that duty to complete said
subdivision improvements required for the Norton East Ranch Subdivision, Phase 1.
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 Norton Properties,LLC, 63026 NE
Lower Meadow Drive,#200,Bend, OR 97701, 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:
Norton East Ranch Major Subdivision Phase 1—� , Improvements Agreement 4
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
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 two (2)years 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 Bozeman Zoning Code.
Norton East Ranch Major Subdivision,Phase 1 —Improvements Agreement
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 be 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, ensure to the
benefit of,and be enforceable by the 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 Subdivision Plat for the Norton East Ranch Subdivision, Phase
1 is filed.
Norton East Ranch Major Subdivision,Phase 1—Improvements Agreement 6
SUBDIVIDER
B VIN SPENCER, MANAGING PARTNER
Nbi(rON PROPERTIES, LLC
STATE OF OREGON
County of Deschutes
L�On this _� day of e.C'c' j.LC , 2010, before me a Notary Public of the State of Montana,
personally appeared Kevin Spencer, known to me to be the person that executed the foregoing
Improvements Agreement, and acknowledged to me that they executed the same for and on behalf of said
Subdivider.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year
first above written.
(SEAL) L-C�/��-✓ �E'C�C'Lc'Cn-�'
(Printed Name Here)
Notary Public for thq State of Oregon
Residing at� , Q 2-1
My Commission Expires:J —// —/")--
(Use 4 digits for expiration year)
OFFICIAL SEAL
TERESA ALDRICH
NOTARY PUSUC-OREOON
COMMISSION NO.A424887
MY COMMISSION EXPIRES FEBRUARY 11,2012
1
Norton East Ranch Major Subdivision,Phase 1—Improvements Agreement
TH�CITY OF BOZEMAN
BY: TI MCHARG, CP
PLAN NG DIRECT R
CITY O OZEMAN
STATE OF MONTANA )
:ss
County of Gallatin ) 1
On the day of CJ , 2010, before me, a Notary Public for the State of
Montana, personally appeared Tim McHarg, 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.
\v- 'Q.`���'� (Printed Name Here)
'�:NO1AR/44..cn= Notary Public for the State of Montana
Residing at
SEAL . * My Commission xpires: 16l3
,P9j. P�� (Use 4 digits for expiration}ear)
Norton East Ranch Major Subdivision,Phase 1—Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
-------------------------------------------------------------------------------------------------------------------------------
Date•
Project: Norton East Ranch Subdivision,Phase L
Developer: Kevin Spencer,Managing Partner. /Z
/d
Improvement Sq.Ft./Ln. Ft Estimated Cost
Public Trail Improvements Per Sanderson Stewart Estimates $ 8,004.00
Public Parks & Open Space Improvements Per Sanderson Stewart Estimates $ 15,065.00
Park Playground & Site Furnishings Per Sanderson Stewart Estimates $ 31,175.00
Street Boulevard Landscape Improvements Per Sanderson Stewart Estimates $ 14,232.50
Street Light Installation Improvements Per Sanderson Stewart Estimates $ 14,940.00
Street Boulevard Sidewalks Per Sanderson Stewart Estimates $ 64,449.60
Storm Water Facilities Hydro-Seed Per Sanderson Stewart Estimates $ 1,400.00
and Landscape Improvements
Punch List&Lift Station Improvements Per Sanderson Stewart Estimates $ 8,750.00
Total= $ 158,016.10
x 1.5 = $ 237,024.15
Approved by City Engineer's Office �J Date 12- td 1 V
Norton East Ranch Major Subdivision,Phase 1—Improvements Agreement 9