HomeMy WebLinkAbout06- Oak Springs Major Subdivision, Phase 3 Inter-office Original to:
City of Bozeman
Planning Department
20 East Olive Street
2252800
Charlotte Mills-Gallatin Co MTMISC 56.00
Oak Springs Major Subdivision Phase 3 #P-06060
IMPROVEMENTS AGREEMENT FOR
OAK SPRINGS MAJOR SUBDIVISION, PHASE 3
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this 677-' day of NbVer, 2006,by
and between OAK SPRINGS ESTATES,L.L.C.,a Utah Limited Liability Company, 1777 Sun peak Drive,
Park City, UT 84098, hereinafter called the "Subdividers", 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 for Oak Springs Major Subdivision Phase 3 to divide
29.5 acres into 82 residential lots,1 private open space tract and 1 remainder tract(Planning Application
No. P-06060)on property generally located between Oak Street and Durston Road and east of Ferguson
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 Cc MTMISC 56.00
Oak Springs Major Subdivision Phase 3 4P-06060
deposited in the United States mail addressed to the developer,OAK SPRINGS ESTATES,L.L.C.,a Utah
Limited Liability Company, 1777 Sun peak Drive, Park City, UT 84098, 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.
B) The City may enforce an}' other remedy provided by law.
6. Indemnification
The Developer 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 Developer 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 Developer. The Developer is not an agent or
employee of the City.
7. Warranty
The Subdivider shall warrant against defects in these improvements for a period of one year 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.
9. Attorney's 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 parry shall be entitled to reasonable
attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney.
Improvements Agreement Page 3
1111111 Hill111111101111111111111111111111111111111111 2252800
a
Charlotte Mills-Gallatin Co MTMISC 56.00 0412007 09.23R
Oak Springs Major Subdivision Phase 3 4P-06060
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
22521100
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1104/2007 09:23A
Charlotte Mills-Gallatin Co MTMISC 56.00
Oak Springs Major Subdivision Phase 3 #P-06060
LANDOWNER
Michael D. Stewart, Member
Oak Springs Estates,LLC
/ GJTy/f
STATE OF �i� )
:ss
County ofCfil]atin )
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On this 43 day of /UO(/E/n��� , 2006, before me, the undersigned, a
Notary Public for the State of Montana,personally appeared Michael D. Stewart,known to me to be a
Member of Oak Springs Estates. LLC the company that executed the within instrument, and
acknowledged to me that she 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.
(SEAL)
( rinted Name Here)14,6,el 4:�Vxo
LORRI M.WOLD Notary Public for the State off UT IVhV
Notary Public,State of Utah cv
` My Commission Expires Residing at Pi4�K G�/Ty GCTl9h'
ff March 10,2010
••. � :•� 2500 Lower Lando lace,Park arkM City,lR 84098 y Commission Expires
(Use 4 digits for expiration year)
Improvements Agreement Page 5
1111111111111111111111111111111111111111,11,11111111
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01/04l2007
09:23P
Charlotte Mills-Gallatin Co MTMISC 56.00
Oak Springs Major Subdivision Phase 3 #P-06060
THE CVrY OF BOZEMAN
Andrew C. Epple,Director
Department of Planning& Community Development
STATE OF MONTANA )
:ss
County of Gallatin )
On the day_ of �)Q C P `(Y�UQ ( ,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 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.
n
(SEAL)
N\���\�LE E'by li Printed Name
`,'N 4q- Notary Public for State of Montana
\o fAA/q�
Residing at: Bozeman Montana
• Commission Expires: y
* * (Use 4 digits for expiration year)
SEAL-*
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Improvements Agreement Page 6
2252800
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EXHIBIT A /0412007 09:23A
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Charlotte Mills-Gallatin Co MTMISC 56.00
OAK SPRINGS ESTATES PHASE 3 September 5, 2006
ITEMS REMAINING FOR COMPLETION - ENGINEERS ESTIMATE
ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
PHASE 3 IMPROVEMENTS
ON-SITE WATER
1-1 8" CL 150 DIP W/ POLYWRAP 3,722 LF $32.00 $119,104.00
1-2 6" CL 150 DI HYDRANT LEAD PIPE 45 LF $40.00 $1,800.00
1-3 3/4" WATER SERVICE 84 EA $575.00 $48,300,00
1-4 8" GATE VALVE W/ RESTRAINT 13 EA $950.00 $12,350.00
1-5 6" FIRE HYDRANT ASSEMBLY 4 EA $2,450.00 _ $9,800:00
1-6 CONNECT TO EXISTING MAIN 4 EA $1,500.00 $6,000.00
1-7 8" CROSS 3 EA $450.00 $1,350.00
1-8 8"TEE 1 EA $350.00 $350.00
1-9 8" X 6" TEE 4 EA $350.00 $1,400.00
1-10 8" CAP 3 EA $250.00 $750.00
1-11 8" BENDS 3 EA $300.00 $900.00
1-12 BLOW-OFF HYDRANT 3 EA $1,750.00 $5,250.00
1-13 INSULATION 640 SF $1.50 $960.00
ON-SITE WATER TOTAL $208,314.00
ON-SITE SANITARY SEWER
2-1 8" PVC SDR-35 SEWER MAIN 2,600 LF $24.00 $62,400.00
2-2 8" X 8" X 4" PVC WYE 85 EA $50.00 $4,250.00
2-3 4" SEWER SERVICE 85 EA $550.00 $46,750.00
2-4 SANITARY SEWER MANHOLE 9 EA $1,650.00 $14,850.00
2-5 ADJUST MANHOLES TO GRADE 9 EA $250.00 $2,250.00
2-6 INSULATION 256 SF $1.50 $384.00
2-7 ADDITIONAL VERTICAL FOOT MANHOLE 31 VF $200.00 $6,200.00
ON-SITE SANITARY SEWER TOTAL $137,084.00
ON-SITE STORM SEWER
3-1 STORM DRAIN INLET 10 EA $1,750.00 $17,500.00
3-2 15" PVC STORM DRAIN PIPING 1,291 LF $45.00 $58,095.00
3-3 21" PVC STORM DRAIN PIPING 552 LF $52.50 $28,980.00
3-4 OUTLET CONTROL STRUCTURE 5 EA $1,000.00 $5,000.00
3-5 26 5/8" X 43 3/4" RCP ARCH CULVERT W/ FET'S 106 LF $130.00 $13,780.00
ON-SITE STORM SEWER TOTAL $123,355.00
ON-SITE STREET IMPROVEMENTS
6-1 STRIP TOPSOIL 7,832 CY $1.50 $11,748.00
6-2 1 1/2" MINUS CRUSHED BASE COURSE (COMPACTED) 2,516 CY $19.00 $47,804.00
6-3 6" MINUS PIT RUN MATERIAL (COMPACTED) 5,300 CY $10.00 $53,000.00
6-4 HOT PLANT MIX ASPHALT CONCRETE-3"THICK 12,024 SY $6.75 $81,162.00
6-5 CURB &GUTTER 6,472 LF $11.00 $71,192.00
6-6 PEDESTRIAN RAMPS (DOUBLES) 16 EA $1,800.00 $28,800.00
6-7 STOP SIGNS 9 EA $500.00 $4,500.00
6-8 STREET SIGNS 5 EA $500.00 $2,500.00
6-9 CONSTRUCT 18" UTILITY CULVERTS (80' LONG) 1 EA $1,125.00 $1,125.00
6-10 CONSTRUCT 18" UTILITY CULVERTS (64' LONG) 2 EA $900.00 $1,800.00
6-11 CONSTRUCT 12" UTILITY CULVERTS (80' LONG) 8 EA $1,125.00 $9,000.00
6-12 CONSTRUCT 12" UTILITY CULVERTS (64' LONG) 11 EA $900.00 $9,900.00
6-13 CONSTRUCT 6" UTILITY CULVERTS (80' LONG) 7 EA $1,000.00 $7,000.00
6-14 CONSTRUCT 6" UTILITY CULVERTS (64' LONG) 11 EA $800.00 $8,800.00
6-15 CONSTRUCT 4" UTILITY CULVERTS (80' LONG) 2 EA $800.00 $1,600.00
6-16 INSTALL DEAD END BARRICADES 1 EA $750.00 $750.00
6-17 INSTALL TEMPORARY DEAD END BARRICADES 2 EA $250.00 $500.00
6-18 WOVEN GEOTEXTILE FABRIC 15,761 SY $1.25 $19,701.25
6-19 CONSTRUCT SIDEWALKS(ADJ.TO PARK-6'WIDE,6"THICK) 6,535 SF $4.70 $30,714.50
6-20 CONSTRUCT SIDEWALKS(ADJ.TO LOTS) 27,136 SF $3.75 $101,760.00
6-21 PEDESTRIAN RAMPS (SINGLES) 2 EA $1,500.00 $3,000.00
6-22 20' WIDE NON RESIDENTIAL DRIVE APPROACH 8 EA $2,500.00 $20,000.00
ON-SITE STREET TOTAL $516,356.75
ALLEY IMPROVEMENTS
7-1 STRIP TOPSOIL 1,102 CY $1.50 $1,653.00
7-2 1 1/2" MINUS CRUSHED BASE COURSE (COMPACTED) 276 CY $19.00 $5,244.00
7-3 6" MINUS PIT RUN MATERIAL(COMPACTED) 910 CY $10.00 $9,100.00
7-4 HOT PLANT MIX ASPHALT CONCRETE-3"THICK 2,976 SY $6.75 $20,088.00
7-5 WOVEN GEOTEXTILE FABRIC 3,638 SY $1.25 $4,547.50
ALLEY TOTAL $40,632.50
MISCELLANEOUS IMPROVEMENTS
8-1 STREET LIGHTS 8 EA $2,000.00 $16,000.00
8-2 PARK - FINE GRADING 353,500 SF $0.05 $17,675.00
8-3 PARK - IRRIGATION SYSTEM 353,500 SF $0.50 $176,750.00
8-4 PARK - LAWN 322,975 SF $0.15 $48,446.25
8-5 PARK - NATIVE GRASSES 30,525 SF $0.20 $6,105.00
ALLEY TOTAL $264,976.25
GRAND TOTAL = $1,290,718.50
TOTAL x 1.5 = $1,936,077.75
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Charlotte Mills—Gallatin Co MTMISC 56.00 01/04l2007 09:23q