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Home My WebLink About06- Valley West 3C Sub Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street Illlll�III��I�ii �III�II�III I��I�I II�� II I 2235800 I �I�IIIIIIII) 07/25/2006 1 .0 2 iP Shelley Vance-Gallatin Co MT MISC 49.00 Valley3WV t.Phase X SubdivisMo �' N " ,� `• `` U�ylt rs' �,tY ,j �°C t IMPROVEMENTS AGREEMENT FOR VALLEY WEST PHASE 3C SUBDIVISION, BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this�day of �S�� ,2006,by and between Doug Oberg Aspen Enterprises LLC 2415 East Camelback Suite 900. Phoenix, AZ 59 O16 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 3C.Valley West Subdivision to subdivide approximately 15 acres into 46 residential lots on property legally described as: a tract of land being a portion of Tract 2, Block 1_ a portion of Tract 3 Block 2 of Valley Nest Subdivision situated in the NW '/4 of Section 10 12S R5E PMM,City of Bozeman Gallatin County 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: IIIIpIUVements.Agreementi i 7' ,Y�' x 4' .'4 '✓lt1 m.T�1c7 r�"rt P� e71a IIIIIIII Page: 2 of 7 2235800 IIII(IIIIIIIIIi Illlli(IIII IIIII III III IIIIIII III 07/26/200 Shelley Vance-Gallatin Cc M7 MISC 49.00 6 12.01E .'f�a11�eY,lV.est�Eha"se;.3�S�i�tdxv�sion��k.;•�' �' i � :Me- �s�`Yr"'� �'��;.N��"� 5 - •rr �: S�t�J r - �� r _ S .•-1F.5v -� r�.4M 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as follows: a tract of land being a portion of Tract 2 Block 1 a portion of Tract 3, Block 2 of Valley West Subdivision.situated in the NW 1/4 of Section 10 12S R5E PMM ity of Bozeman Gallatin C'ou_ z Montana. 2. Improvements This Agreement specificallv includes,but is not limited to the improvements listed in Attachment A as illustrated on the plans and specifications contained in the City Engineering Department and Planning Department files. One and one-half times the estimated cost of these improvements is .16 34.699.44. 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, t1iis Agreement shall be secured by a financial guarantee in the form of a Letter of Credit, No. issued by , dated with a maturity date of in the amount of:_5634.699.44 which is one and one-half times the estimated cost of the installation of all required improvements. The Subdivider hereby agrees that the following improvements must be installed prior to issuance of bu� permits:_sidewalks adjacent to public lands.pedestrian ramps__ sina,e curb and eutter,_=ding,lsphah curb return fillets.detention facilities,storm sewer base courses.The Subdivider hereby agrees that all interior sidewalks adjacent to individual lots shall be installed within three (3,.years of the City commission final plat approval or with Buildin Permits for individual lots whichever occurs first.The Subdivider hereby agrees that all bark and open space landscaping within Phase 3 must be installed within one (1) year of the City Commission final plat approval. The Subdivider hereby agrees that all street lights must be installed prior to occul2ancv. 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. Iinprovemerits Agreement:' ::� �Y: 3"�5� "`, ah `4`_': pagejr : 2235800 Page 3 of 7 IIIIIIIIIIIIIIIIIIiIIIII IN I 1111 1111 07/25/2006 12:01P Shelley Vance-Gallatin Co MT MISC 49.00 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 Oberg.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 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. AM W IIII IIII!IIIII IIIII IIIIII Illll ! 2235800 I I I I l l l l 111 ll l l l l l l l l Page zoo f 6 12.OtP Shelley Vance—Gallatin cc MT MISC 49•00 .,..z!r rr _ � x Cr,. '.%4'�,Z .;.c�v.w ;..la -,.�....•, 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. Irri rovements.Agr•`eentent�' ��`�� t}�� •''e r x'-'"+'i3't ''' cri d. h s P _2.�-�.�..s�^ �Y�Es;# x._yx'.+tn'`�i��j',��..��` �'.h.�4.a�3``• t' ,f`"'�'' ,+t ,;� 9g@i�� r I llllli lull lull lllli llllli llllll lull ill lull llll ilil 07� 5 of 353'®0p Shelley Vance--Gallatin Co MT MISC 49.00 Valley Wu sta.Ehase 3"' jA- iuisions _ Owlr Doug Vt rg Aspeno rises, C STATE OF MONTANA } :ss County of Gallatin ) On this Ilk _day of 2006,before me,the undersigned,a Notary Public for the State of Montana, P&sonally appeared Doug Ober g, known to me, to be the Mtnthef 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. \` 111111iii (Printed Name Here) • r'. y Notary Public for the State of Montana �• •oz Residing gt � ,Montana 0,1 J;l t i; \�� hii Commission ExpiresYh 2 ?Ln Iitip'roveirients Ag'reemept � id'. i.,-c�,�=x'•e.<q.,k� y .��^'4- ,ti�'S�xw�Y'c �':.q`�:; .£ � 7.� vt ^ti%"cs k. �cD Lr .,;,: :N� Fit�f:' ^'1 3v: ,�, :5 -:!?: ,c►�._r.za.�..^t`.<�if:.:off. ,}*I�; tSi�*'.`.+.•,4��.� x.a.ib 3 a�J'��^ Illlllllllllllllllllllllllllllllllllllllllllllllllllll( �230of 7 Shelley Vance-Gallatin Cc MT MISC 49.00 •- Va11eyWe§xPhase��GSu�'d►u�sidn ��w`:z"�'�"`"�A�i`.�--�.'t� '��f, ,� � � <R ° : ,�� r�-°•-- THE CITY OF BOZEMAN/ A drew C.Epple f Director of Planning&Community Development STATE OF MONTANA ) :ss County of Gallatin ) l r On the day-WI`of ,2006,before me,a Notary Public for the State of Montana,personally appeare ndrew C.Epple,known to me to be the person described in and who executed the foregoing instrument as Director of Plan ning 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) w&w f c Printed Name e rem i/I Notary Public for State of Montana Residing at: Bozeman,Montana h' Commission Expires: Z007 (Use 4 digits for expiration rear) Improvements�•Ag'reeinerit:, Y 5,i is "4 'u _"r'�?: ;i ?� �..�r�.�,t :`�: uA E.^ 9r`Dae4p arc f;' 'a 3;dy. _ :•�,.. •th3 .y;gf;[+`abl��^SA^. I II�I�I IIIII II�II IIII�IIII�!II�II II II f 2235800 7 I IIIIIIIIII�II��I 07925/2006 1 2.@1P Shelley Vance-Gallatin Co MT MISC 49.00 Valley WestP.liaser3C Sub'dtvis,o'i% �"ii�sri% `' Yy"��, i i {_ £�,�° � S�,Ii a.•} Attachment A Site Grading 12,250 CY @$1.75/CY $21,437.50 I-iot`Plant Mix Asphalt 2,086 TN @$36.00/TN $75,096.00 1 `.'2" Minus Crushed Base Course 2,293 CY @$18.00/CY $41,274.00 Concrete Curb and Gutter 5,442 LF @$10.50/LF $57,141.00 Concrete Sidewalks K' depth) 26,770 SF @$3.50/SF $93,695.00 Concrete Street Crossing-Decorative 610 SF @$10.50/SF $6,405.00 Pedestrian Ramps and 6" Sidewalk 2,625 SF @$7.00/SF 518,375.00 Double Gutter T' depth) 434 SF @$7.00/SF $3,038.00 Curb Return Fillets 7 EA @ $1,000.00/EA $7,000.00 Detention Pond and Outlet Structure 1 EA @$12,500.00/EA $12,500.00 15"PVC Storm Sewer 310 LF @ 545.00/LF $13,950.00 18"PVC Storm Sewer 30 LF @ $50.00/LF 51,500.00 18"RCP Storm Sewer 155 LF @$60.00/LF 59.300.00 Signage-Street, Stop,Dead-end 5 EA @$800.00/EA 54,000.00 Landscaping Improvements 531,989.20 (Estimated at 20% of total phase 3 costs) Street Lights S26 432 26 Total S423,132.96 x 1.5 Total Financial Guarantee S634,699.44 Improvements Agreement 'Page7z;. IIIIiI IIIII IIIII Ilill IIIII IIIIII��►..�! 2237459 I 1 rll IIII llll IIII OB/04/2006 01.49P Shelley Vance-Gallatin Cc MT MISC 11.00 RELEASE OF BUILDING PERMIT RESTRICTIONS VALLEY WEST PUD PHASE 3C 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 3C of the Valley West Major Subdivision Planned Unit Development,dated ati"C S, 1400b ,which said Agreement was recorded z1yL-If 25. oo6 as Document No. 'ZZ3s80Q ;and WHEREAS,the City further filed a Notice of Building Permit Restrictions on said subdivision, witll said document being filed on J y r_Y 1! , 2a� o 6 as Document No. ZZ2354-9 ;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 4,r s-r ,2006. THE CITY OF BOZEMAN Chris C. aunders Assistant Planning Director (Acting for Planning Director) STATE OF MONTANA ) :SS County of Gallatin ) On this day of�{.�-C �� ,2006,before me,a Notary Public for the State of Montana,personally appeared Chris . Saunders,known to me to be the person described in and who executed the foregoing instrument as Assistant 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. (Printed Name Here) EANotary Public for the State of Montana Residing at Montana ; •..•, , ,.�',a4 My Commission Expires 5 NJ?