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Home My WebLink About07- Valley West Phase 3D Subdivision J-463 w � C) - Inter-office Original to: City of Bozeman Planning Department 20 Fast Olive Street ?LATIED Illlll IIIII IIIII IIIII II III Illll Il 111 111 lull llll IIII 226 of 7 4'A Charlotte Mills-Gallatin Co MTMISC 49.00 Valley West Phase 3D Subdivision #P-07006 IMPROVEMENTS AGREEMENT FOR VALLEY WEST PHASE 3D SUBDIVISION, BOZEMAN, MONTANA THIS AGREEMENT is made and entered into this I—day of ,2007,by and between Donal L. Meyers.Bozeman Lakes,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 3D,Valle}West Subdivision to subdivide approximately 32.5 acres into 105 residential lots on property legally described as: Two tracts of land being portions of Tracts 1,3&4,Block 2,of Valley West Subdivision.situated in the NW 1/4 of Section 10,T2S, R5E,PMM,Cite 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: Improvements Agreement Page 1 IIIIII IIII IIIII IIII)IIIIII IIIII Ill 2269547 7 III III IIII IIII IDII 06115/2007 11.50A Charlotte Mills-Gallatin Co MTMISC 49.00 Valley West Phase 3D Subdivision #P-07006 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as follows: Two tracts of land being portions of Tracts 1.3 &4_Block 2 of Valley West Subdivision situated in the NW'A of Section 10 12S RSE.PMM.Cite of Bozeman Gallatin County.Montana 2. Lnprovements This Agreement specifically 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$412,615.28 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 —1 Credit, No. D7— 0 L issued by AM RE—e i LA4---' 13/44J r---dated with a maturity date of Z 4�r in the amount of: $412,615.28 which is one and one-half times the estimated cost of the installation of all required improvements. 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 Building Permits for individual lots, whichever occurs first. The Subdivider hereby agrees that all park and open space landscaping ovitlun Phase 3D 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 occupancy. In any event, all required improvements shall be completed within die time frame provided herein for the completion of the urlprovements 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 propert},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 improvements Agreement Page 2 90IIIIIIIIIIIIl IIlll1IIIllllll�� 9� II1111 � 6�r 7 II III Charlotte Mills-Gailatin Co MTMISC 49.00 VaIlky West Phase 3D Subdivision #P-07006 deposited in the United States mail addressed to the developer, Donald L. Mew, Bozeman Lakes, 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,Nvidiout being completely remedied,satis Fed,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. Improvements Agreement Page 3 Illlll Iilll lIIII III Illlll Illll Illlll III hill IIII I0�1 � f 711 BOA Charlotte Mills-Gallatin Co MTMISC 49.00 Valley Nest Phase 3D Subdivision #P-07006 LAN— DO Donald .Me}Tors Bozeman Lakes,LLC STATE OF MONTANA ) :ss County of Gallatin ) �i On this�_day of ?laFZt _. ,2007,before me,the undersigned,a Notary Public for the State of Montana, personally appeared Donald L. Meyers, known to me to be the of Bozeman Lakes_ L.LC.. the corporation that executed the within instrument,an ackno,,vledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WIAEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and yea 1 :t •bove written. \E E S ;// • ,�,�-, _ (Printed Name Here) C �• LAL .' • � Notary Public for the State of Montana Residing at 6-'ZeiYew , Montana OFNjo\AO�` it-iy CommissionEa-pires I i1ar'GDl �rv�,�JCY � Improvements Agreement Page 5 1EI IIIIII IIIII IIII IIII IIII III 111�i DIII I II 2269f 7 R Charlotte Mills-Gallatin Co MTMISC 49.00 Valley West Phase 3D Subdivision #P-07006 THE ITY OF BOZEMAN 6 Andrew C. Epple Director of Planning&Community Development ST11'I'E OF IWONTANA ) :sS County of Gallatin ) On the day of ._�(..Cru ,2007,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 XVITNESS XVI IEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. (SEAL) Print Nam 2 r Notary Public for State of 1✓ ntana KEN7�1 Residing at: Bozeman,Montana Fy Commission Expires: l,9, ZU I 1 �Q ' A� '�O (Use 4 digits for expiration year) •z' O F MO��`��\ Improvements Agreement Page 6 IIIIII IIIII IIIII IIIINIIIII lllll llllol 111 llII111111801 2269547Q Charlotte Mills-Gallatin Co MTMISC 49.00 Valley West Phase 3D Subdivision #P-07006 Attachment A Concrete Sidewalks (4" depth) 43,353 SF @$3.75/SF $162,573.75 Landscaping Improvements $55,981.10 (Estimated at 35% of total phase 3 costs) Street Lights 56 522_00 Total $275,076.85 Financial Guarantee @ 150% $412,615.28 improvements Agreement _ Page