HomeMy WebLinkAbout05- Valley West Phase 3B Subdivision 1i AAAA
J-422
Inter-office Original to:
City of Bozeman
Planning Department
20 East Olive Street
Valley West Phase 3 Subdivision #P-05013
IMPROVEMENTS AGREEMENT FOR
VALLEY WEST PHASE 313 SUBDIVISION,
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this 2eP—day of nUA01.31PL,200-5-
by and between Doug Oberg,Aspen Enterprises LLC 2415 East Camelback Suite 900.Phoenix,AZ
85016 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 Phase 3B, Valley West Subdivision to divide
approximately 2.14 acres into 7 residential lots on property legally described as: a tract of land being
portions of Tract 2&3.Block 1 Vallev West Subdivision situated in the NW 1/4 of Section 10 T2S
115E, City of Bozeman. Montana;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:
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Valley West Phase 3 Subdivision #P-05013
1. Property Description
This Agreement pertains to and includes those properties which are designated and identified as follows:
a tract of land being portions of Tract 2&3 Block 1 Valley West Subdivision, situated in the NW 1/4
of Section 10, T2S,R5E, City of Bozeman,Montana
2. Improvements
This Agreement specifically includes, but is not limited to: sidewalks,pedestrian ramps signage curb
and gutter, base courses, subdivision lighting a section of asphalt and the asphalt trench restoration
grading,landscaping,and trail improvements as illustrated on the plans and specifications contained in
the City Engineering Department and Planning Department files. The estimated cost of these
improvements is $97,713.45.
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
better of Credit, No. 0 0 Z 2- issued by dated
dated
Z-Z Z— OS with a maturity date of f9A in the amount of $97,713.45
4 r e ec�J�
which is one and one-half times the estimated cost of he installation of all required improvements. The
Subdivider hereby agrees that the sidewalks adjacent to public lands pedestrian ramps signage,curb and
gutter,base courses,shall be installed prior to issuance of building permits,the subdivision lighting shall
either be installed or the SILD created prior to issuance of building permits,•the section of asphalt and
the asphalt trench restoration shall be installed prior to issuance of building permits or (only with
written a1212roval from the Engineering Division)within nine (9) months of the City Commission
final^plat approval:grading,landscaping and trail improvements shall be installed within nine(,9)months
of the City Commission final plat approval,•and all interior sidewalks adjacent to individual lots shall be
installed within three (3)years of the City Commission final plat approval or with Building Permits for
individual lots, whichever occurs first. 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
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Valley West Phase 3 Subdivision #P-05013
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,Doug Obe�Aspen Enterprises,LLC
2415 East Camelback, Suite 900, Phoenix AZ 85016, 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 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
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Valley West Phase 3 Subdivision #P-050I3
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
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.
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Shelley Vance-Gallatin Cc MT MISC 49.00
Valley West Phase 3 Subdivision #P-05013
IAWOWNER
r) I C �
Doug Cc e/g,/
Aspen Enterprises,LLC
STATE OF MONTANA )
:ss
County of Gallatin )
On thisc::-_-3 day of � ,� , 2005, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Doug Oberg, known to me to be the
ICU Ktsxi AD-6 _ of Aspen Enterprises, LLC., the corporation that executed the within
instrument,and acknowledged to me 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)
Cb
azy (Printed
(P Name Here)
Notary Publi for the State of Montana
,� Residing at >1Montana
�'pr•=:; I:, My Commission Expires t l
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Attachment A
to the
Improvements Agreement for Valley West Subdivision — Phase#313
The final plat application for this subdivision is prior to the completion of all
required improvements. The following improvements are to be completed within
three (3) years of the date of Preliminary Plat approval by the City Commission,
which was May 17, 2005.
Site Grading 1,500 CY @ $1.50/CY $2,250.00
Hot Plant Mix Asphalt 341 TN @ $36.00/TN $12,276.00
Concrete Curb and Gutter 866 LF @ $10.50/LF $9,093.00
1 '/2" Minus Crushed Base Course 407 CY @ $18.00/CY $7,326.00
Concrete Sidewalks(4" depth) 3,640 SF @ $3.50/SF $12,740.00
Pedestrian Ramps and 6" Sidewalk 740 SF @ $7.00/SF $5,180.00
Signage-Street, Stop, Dead-end 1 EA @ $800.00/EA $800.00
Asphalt Trench Restoration 100 LF @ $75.00/LF $7,500.00
Landscaping Improvements $7,997.30
(Estimated at 5% of total phase 3 costs)
Total $65,142.30
Financial Guarantee @ 150% $97,713.45
A letter of Credit from American Bank of Montana, in the amount of$97,713.45 to
cover outstanding improvements is included.
All improvements will be completed in accordance with approved plans and
specifications.
Please note that the Final Walk-Through has not been completed due to
weather.
H:\3384\027\DOCS\FPLAT-3B\letter of credit-attachment A-.doc
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Shelley Vance-Gallatin Co MT MISC 11.00
RELEASE OF BUILDING PERMIT RESTRICTIONS
IF VALLEY WEST PUD PHASE 3B MAJOR SUBDIVISION
WHEREAS, the CITY OF BOZEMAN, a Municipal Corporation of the State of Montana,
hereinafter called the"City" entered into an Improvements Agreement for Phase 3B of the Vaflev West
Major Subdivision Planned Unit Development,dated� E.H[5� Z8,2c� which said Agreement
was recorded 016fkq 2 00 6 as Document No. Z 2.Z048 S .;and
WHEREAS,the City further filed a Notice of Built Permit Restrictions on said subdivision,with
said document being filed on /Y)ftcll 3� 2,004 as Document No. ;_> 2_Zo484. ;and
WHEREAS, the subdivider has complied with all terms and conditions of said Agreement;
THEREFORE, the City hereby certifies that all terms and conditions of said Notice of Building
Permit Restrictions have been fully satisfied and as such Subdivider is hereby fully released from the
terms and conditions of the above described Agreement.
DATED this day of JY , 2006.
4 ATHETY OF BOZEMAN. Epple
Planning Director
STATE OF MONTANA )
:ss
County of Gallatin )
On this�t-day of L ,2006,before me,a Notary Public for the State of
Montana,personally appeared An ew C. pple, 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 he 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.
,c��r;'`;"?',' ',• ',,,� (Printed Name Here)
Notary Public for the State of Montana
Residing at L& ,Montana
-�' ' My CommissionExpixes ,3