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Home My WebLink About07- Traditions Major Subdivision, Phase 1 Inter-office Ori al to: City of Bozeman Planning Department 20 East Olive Street Traditions Major Subdivision Phase 1 #P-06061 IMPROVEMENTS AGREEMENT FOR TRADITIONS MAJOR SUBDIVISION, PHASE 1 BOZEMAN, MONTANA THIS AGREEMENT is made and entered into this t4—day of .Qkik ,2007,by and between Rosa Construction Inc., P.O. Box 11113, Bozeman, MT 59719, 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 prehirlinary plat application for the Traditions Major Subdivision Phase 1 to divide 18.459 acres into 68 residential lots and 1 remainder tract(Planning Application No.P-06061)on property generally located between Oak Street and Durston Road and between Laurel Glen and Flanders Creek Subdivisions;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 2256491 ` r IIIIII IIIII IIIII IIIIIII IIII�Illl IIIIII III IIIII IIII IIII 02�109/2007 03:36P Charlotte Mills-Gallatin Co MTMISC 69.00 Traditions Ma or Subdivision Phase I #P-0606I 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as follows: All lots,public park and private open space platted within Traditions Major Subdivision Phase 1, located within the E '/z , SE 'A , Sec. 4,T2S, RSE, City of Bozeman,Montana 2. Improvements This Agreement specifically includes sidewalks trail and street lights, and park and open space landscaping, as illustrated on the plans and specifications contained in the City Engineering Department and Planning Department files. The estimated cost of these improvements is $172.602.40. 3. Financial Guarantee, Time for Completion of Improvements It is the Subdivider's intent to file the final subdivision plat prior to the completion of said improvements. Therefore, this Agreement shall be secured by a financial guarantee in the form of a Letter of Credit, No. %Ih-S06-abo Oyu$ issued by V: A I - . dated P.�lt i L�JWI l a0U1 with a maturity date of C- 1 t� ' �� (oi ' O in the amount of $258,903.60, which is one and one-half times the estimated cost of the installation of all required improvements. The Subdivider hereby agrees that the trail and street lights and park and open space landscapesshall be installed by January 16, 2008;and all interior sidewalks adjacent to individual lots shall be installed by January 16.2010. 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. 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 developer,Rosa Construction Inc.,P.O.Box 11113, Bozeman,MT 59719,or such other address as the Subdivider shall provide to the City from time to time, improvements Agreement Page 2 IIIIIIIilllIIIIIillllllIIIIIIIIIIIIII)IIIIIII I I 2256f 7 I III III 02f 09/2007 03.36P Charlotte Mills-Gallatin Co MTMISC 69.00 Traditions Major Subdivision Phase l #P-06061 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 any 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 party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 10. Modifications or Alterations Improvements Agreement Page 3 111111111111111111111 11111111 IIIII)11111111111111112256f 7 P Charlotte Mills-Gallatin Co MTMISC 69.00 Traditions Ma or Subdivision Phase 1 #P-06061 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 IIIIIIIIIIIIIIIIIII ?2 4of 7 IIIII IIII IIIII IIIIIIIIIIIIIIIIIII .III 02l09/2007 03-36P Charlotte Mills-Gallatin Co MTMISC 69,00 Traditions Major Subdivision Phase 1 #P-0606 LANDO R John osa,President Ros Construction,Inc. STATE OF MONTANA ) :ss County of Gallatin ) On this day of m , 2007, before me, the undersigned, a Notary Public for the State of Montana,personally ap eared John Rosa,known to me to be a President of Rosa Construction,Inc. the corporation that executed the within instrument,and acknowledged to the 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) s'A NOTAR/,q • m% Printed Name o_ — Notary Public for.the State of Montana *• '* Residing at Bozeman,Montana Nam•_SEAL My Commission Expiresf�\ ! ( 9 �i�9J•' • , , , • ' ��.� (Use 4 digits for expiration y �c �POF MO, ear) \�� Improvements Agreement Page 5 IIIIII IIIII IIIII IIIIII)IIII IIIII IIIIII III 11111 El56491 22 IIII 0 2007 03.36P Charlotte Mills-Gallatin Co MTMISC 69.00 Traditions Major Subdivision Phase 1 0-0606 THE CITY OF BOZEMAN r I � Andrew C. Epple,Director Department of Planning&Co Amul ity Development STATE OF MONTANA ) :ss County of Gallatin * ) On the day G of Q C W ,2007,before me,a Notary Public for the State of Montana,personally appeared Andrew C. pple,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) `EE y�s Printed Name �� Q•, , • ' ' • • , �� Notary Public for State of Montana � -NpTAR/q R►% Residing at: Bozeman,Montana _ Commission Expires: *• ;* (Use 4 digits for expiratioAyear) • . OF MOT�P��; improvements Agreement Page 6 1EI 111 IIIII IIIIII�(III IIIII(IIIII II Page 6 2256f 7 IIIII(III(III 02/09/2007 03 36P Charlotte Mills-Gallatin Co MTMISC 69.00 TRADITIONS SUBDIVISION PHASE 1 Jan. 8, 2007 IMPROVEMENTS AGREEMENT ENGINEERS ESTIMATE ITEM ITEM DESCRIPTION EST. OTY UNIT UNIT PRICE AMOUNT 1-1 TRAIL LIGHTS 18 EA $ 500.00 $ 9,000.00 1-2 STREET LIGHTS 6 EA $ 2,350.40 $ 14,102.40 1-3 PARK & OPEN SPACE LANDSCAPING 1 LS $55,000.00 $ 55,000.00 1-6 SIDEWALKS 21000 SF $ 4.50 $ 94,500.00 COST OF IMPROVEMENTS NOT COMPLETED $172,602.40 BOND AMOUNT IS 1.5X *TOTAL $258,903.60 II�IIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 7 of 2256491 II�II III IIIII III IIII 7 02109/200 7 03.36P Charlotte Mills-Gallatin Co MTMISC 69.00 FC0000M'w------ pq Engineering and Surveying, Inc. 1091 Stoneridge Drive • Bozeman, Montana 59718 • Phone(406) 587-1115 • Fax[406) 587-9768 www.chengineers.com • E-Mail: info@chengineers.com TRADITIONS SUBDIVISION PHASE 1 Dec. 18, 2006 IMPROVEMENTS AGREEMENT ENGINEERS ESTIMAT! ITEM ITEM DESCRIPTION EST. QTY UNIT UNIT PRICE AMOUNT 1-1 TRAIL LIGHTS 18 EA $500.00 $9,000,00 1-2 STREET LIGHTS 6 EA $2,350.40 $14,102.40 1-3 PARK&OPEN SPACE LANDSCAPING 1 LS $55,000.00 $55,000.00 1-4 TEMPORARY ALL WEATHER ACCESS ROAD 1 LS $15,000.00 $15,000.00 1-5 MISCELANEOUS SIGNS/STRIPES 8 EA $300.00 $2,400.00 1-6 SIDEWALKS 21000 SF $4.50 $94,500.00 COST OF IMPROVEMENTS NOT COMPLETED $190,002.40 BOND AMOUNT IS 1.5X *TOTAL $285,003.60 Civil/Structural Engineering and Surveying