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HomeMy WebLinkAbout07- West Winds Phase 3 Subdivision & Planned Unit Development inter-oince Original to: City of Bozeman Planni _)epartment 20 East Olive Street West Winds PUD #Z-04050A & Major Subdivision#P-06025 SUBDIVISION IMPROVEMENTS AGREEMENT WEST WINDS PHASE 3 SUBDIVSION & PLANNED UNIT DEVELOPMENT THIS AGREEMENT is made and entered into this r�1\8 day of fy1CaCC- \ 2001 , by and between Cascade Development Inc 3825 Valley Commons Drive Suite No 4 Bozeman MT 59718-6436 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 mayor subdivision preliminary plat application for West Winds Subdivision Phase 3 to subdivide approximately 12.368 acres into nine (9) residential single household two (2) residential multi household, one (1) park areas and one (1) common area on property located at the northwest corner of the intersection of Hunters Way and Oak Street exhibit "B", 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 subdivision application. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated and identified as: see attached Exhibit "B", City of Bozeman, Gallatin County, Montana. 111111111111111111111111111111 2258f 101111111111111111111111111 Page 1 03l02/20 0 1 7 01.20P Charlotte Mills-Gallatin Co MTMISC 90.00 Subdivision Improvements Agreement Page 1 of 7 '•�. , West Winds Phase 3 PUD #Z-04050A &Major Subdivision #P-06025 2. Improvements & Time for Completion of Improvements This Agreement includes all on-site and off-site subdivision improvements as shown in the Preliminary Plat Application, as conditioned in the Preliminary Plat approval, and as required by the Bozeman Municipal Code. Improvements include those described below and listed in the attached Exhibit A, which is made part of this agreement. The list and cost of said improvements has been estimated by HKM Engineering, 601 Nikles Drive Suite 2 Bozeman MT 59715. The Subdivider hereby agrees that the following improvements must be installed within one (1) year of the date of City Commission final plat approval: water, sewer, stormwater facilities, transportation facilities (streets street lights, trails, sidewalks adjacent to public lands etc.), parks and common open space facilities and landscaping_The Subdivider hereby agrees that sidewalks adjacent to individual lots must 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. 3. Financial Guarantee It is the Subdivider's intent to file the final subdivision plat prior to the completion of all subdivision improvements. Therefore,this Agreement shall be secured by a financial guarantee valid for at least eighteen (18) months which is one hundred and fifty (150) percent of the estimated cost of said improvements. The financial guarantee is in the form of a re,J0KPI issued by IF,SSt �e.CGti �G;�L , in the amount of$TER 'I Z-�> No�'e'7( dated �NGIi At 15 Zc�y-7 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. Subdivision Improvements Agreement Page 2 of 7 2258422 IIIIII IIIII IIIII III I Page: 2 of 10 IIII IIII IIIIII IIIII II I IIIII 1111 Jill 03l02 l2007 01.20P Charlotte Mills-Gallatin Co MTMISC 90,00 West Winds Phase 3 PUD#Z-04050A & Major Subdivision #P-06025 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 subdivider, Cascade Development,Inc., 3825 Valley Commons Drive Suite No 4 Bozeman MT 59718 6436,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 Subdivider shall permit and secure any additional permission required to enable them to do so. In the event that any funds remain from the financial guarantee upon completion of all improvements, such funds shall be promptly returned to the Subdivider. b. The City may enforce any other remedy provided by law. 6. Indemnification The Subdivider shall indemnify, hold harmless, and defend the City of Bozeman against any and all claims, at Subdivider's own expense, arising out of or resulting from the acts or omissions of Subdivider or his/her agents, employees, or contractors, whether negligent or otherwise, in connection with the performance of work described in this agreement. The City shall be responsible for any claims arising from negligence or willful misconduct on the part of the City or its agents or employees, except the Subdivider shall be responsible for those claims of negligence and misconduct arising from the Subdivider, his/her agents, or employees not providing to the Municipality, its agents or employees, information relevant to the subject Subdivision Improvements Agreement Page 3 of 7 I IIIIII 11111 IIE11111111111111111111111111111111111 �2 3 of 58422 03/0 Charlotte Mills-Gallatin Co MTMISC 90.00 2�2007 01.20P West Winds Phase 3 PUD #Z-04050A &Major Subdivision #P-06025 matter of this agreement. The parties shall cooperate in the defense of Claims and shall furnish records, information, and testimony and attend proceedings, as may be reasonably necessary. 7. Warranty The Subdivider shall warrant against defects of all improvements and that these improvements are made in a good and workman-like manner for a period of one (1) year from the date of their written acceptance by the Governing Body. 8. Governing Law and Venue This Agreement shall be construed according to 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, including fees, 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 The responsibilities and benefits of this Agreement to the Subdividers may not be assigned without the express written approval of the City. Such approval may not be withheld unreasonably, but any unapproved assignment is void. There is no prohibition on the right of the City to assign its rights under this Agreement. The City shall release the original Subdividers from their liability under this agreement if it accepts and approves a proper assignment from any developer or lender who obtains the property. Subdivision Improvements Agreement Page 4 of 7 2258422 1�11,��11IIIIIIIIIIIII 0Page: 4 of 10 3102/2007 01 20P Charlotte Mills-Gallatin Co MTMISC 90.00 West Winds Phase 3 PUD #Z-04050A & Major Subdivision#P-06025 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. 14. Filing The Subdivider shall have this Agreement recorded in the Office of the Gallatin County Clerk and Recorder at the same time the Final Plat is filed. CORPORAT N JXhifDunlap Cascade Develop ent, Inc. STATE OF MONTANA ) ss. County of Gallatin ) �l On this BL*�— day of ACP M be - 2006 before me, the undersigned, a Notary Public for the State of Montana, personally appeared John Dunlap, known to me to be Q uJ n.e(` of Cascade Development, Inc., 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. .�`°`gyp. A •w:�9'''� (Seal) NOTAR q'2�% Printed Name NQ,Ki a _,_� •• Notary Public for the State of Montana * ' • �k Residing at N�9•sj'.'`,Q My Commission Expires: p OF'mox-X` (Use 4 digits for expiration year) /"//llll1!I11i1 ON Subdivision Improvements Agreement Page 5 of 7 f 2258422 IIIIII IIIII IIIII IIIIIII IIII IIIII I1111Page: 5 of 10 IIIII IIIIIIII 03l02/2007 0 1 2pP Charlotte Mills-Gallatin Co MTMISC WOO West Winds Phase 3 PUD #Z-04050A &Major Subdivision #P-06025 THE CITY OF BOZEMAN Andrew C. Epple Director of Planning & Community Development STATE OF MONTANA ) :ss County of Gallatin ) ` �l On the day c�ha of (�C`� , 2 , before me, a Notary Public for the State of Montana,personally appeared Andrew C. Ep_ple,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) \�����` LEE \��P . ' s�i•� Printed Name �pTARlg4• c Notary Public for State of Montana * ; '* = Residing at: Bozeman, Montana SEAL ,'Q. Commission Expires: (Use 4 digits for expirati n year Subdivision Improvements Agreement I IIIIII IIIII Page 6 of 7 IIIII(IIIIII II 2258422 IIIIIIIIII III III(III IIIII(III 03/ Charlotte Mills-Gallatin Co MTMISC 90.Op 02l2007 01.20P Engineer's Estimate for Prepared By: West Winds Planned Community HKM Engineering Phase 3 Subdivision Summary November 13,2006 Bozeman, MT Final Plat Bond Estimate Item Estimated Unit Total Balance to No. Description Quanf Unit Price Cost %Complete Finish On-Site Improvements 1 LS $863,203.00 $863,203 75% $215,801 Off-Site Improvements 1 LS $230,806.00 $230,806 100% $0 Street Lights 1 LS $8,885.50 $8,886 15% $7,553 Park Improvements(Phase 3 Park) 1 LS $3,500.00 $3,500 0% $3.500 Street Trees and Boulivard Landscape 1 LS $4,800.00 $4,800 0% $4,800 Subtotal $1,111,195 $231,653 Plus 50% $115,827 Total Bond Amount $347,480 EngineeringlSurveying costs are not included in this estimate. 2258422 IIII I`�I III Page: 7 of 10 03902 f 2007 01:20P II IIIII III I IIII�IIIII IIIIIIIIIIIIII I IIIIII I Charlotte Mills-Gallatin Co MTMISC 90,00 Engineer's Estimate for Prepared By: West Winds Planned Community HKM Engineering Phase 3 Subdivision On-Site Improvements 11/13/06 Bozeman, MT -OA*6TRfifi;IMPROVEMENTS M AR 600 MOBILIZATION,BONDS&INSURANCE 1 LS $35,716.00 $35,716.00 100 EXCAVATION 8000 CY $5.00 $40,000.00 101 EXPLORATORY EXCAVATION 8 HR $350.00 $2,800.00 102 EMBANKMENT 1925 CY $18.00 $34,650.00 103 ASPHALT 1600 TON $50.00 $80,000.00 104 CRUSHED GRAVEL 1850 CY $31.00 $57,350.00 105 BASE GRAVEL 1700 CY $18.00 $30,600.00 106 CURB&GUTTER 3610 LF $10.00 $36,100.00 109 CURB STANDARD FILLET 4 EA $943.00 $3,772.00 111 DOUBLE GUTTER 400 SF $7.00 $2,800.00 113 EXISTING UTILITY RIM ADJUSTMENT 3 EA $344.00 $1,032.00 114 GEOTEXTILE FABRIC 800 SY $1.90 $1,520.00 115 UNCLASSIFIED EXCAVATION 750 CY $5.00 $3,750.00 116 SIGNAGE AND STRIPING 1 LS $11,140.00 $11,140.00 117 DISPOSAL OF TRENCH SPOILS(OFF SITE) 3670 CY $3.00 $11,010.00 200 8"POLY-WRAPPED DIP WATER MAIN 1900 LF $39.00 $74,100.00 201 8"GATE VALVE 7 EA $1,147.00 $8,029.00 202 8"WATER CROSSES,TEES,BENDS 10 EA $397.00 $3,970.00 203 FIRE HYDRANT ASSEMBLY 3 EA $4,035.00 $12,105.00 204 BLOW-OFF ASSEMBLY 6 EA $1,018.00 $6,108.00 205 TYPE 2 PIPE BEDDING(WATER) 140 CY $22.00 $3,080.00 206 TYPE A PIPE BACKFILL(WATER) 1600 CY $19.00 $30,400.00 207 WATER SERVICE CONNECTIONS 9 EA $1,190.00 $10,710.00 208 CONNECT TO EXISTING WATER MAINS 2 EA $12,989.00 $25,978.00 300 8"PVC SEWER MAIN 2280 LF $32.00 $72,960.00 301 48"SS MANHOLE 8 EA $2,333.00 $18,664.00 303 CONNECT TO EXISTING SEWER MAINS 1 EA $6,091.00 $6,091.00 304 TYPE 2 PIPE BEDDING(SEWER) 200 CY $22.00 $4,400.00 305 TYPE A PIPE BACKFILL(SEWER) 2660 CY $19.00 $50,540.00 306 SANITARY SEWER SERVICE CONNECTIONS 9 EA $1,121.00 $10,089.00 309 DEWATERING 1 LS $80,143.00 $80,143.00 403 TYPE A PIPE BACKFILL(STORM) 55 CY $19.00 $1,045.00 400 15"PVC STORM MAIN 35 LF $39.00 $1,365.00 408 15"RCP STORM MAIN 65 LF $53.00 $3,445.00 401.1 21"PVC STORM MAIN 123 LF $20.00 $2,460.00 409 21"RCP STORM MAIN 60 LF $65.00 $3,900.00 402 24"x 36"CATCH BASIN 5 EA $1,988.00 $9,940.00 405 DETENTION POND W/CONTROL STRUCTURE 3 EA $10,100.00 $30,300.00 406 42"RCP ARCH CULVERT W/FETS 192 LF $146.00 $28,032.00 500 UTILITY CONDUIT CROSSINGS (6"&24"PIPIES 64'LONG) 2 EA $3,533.00 $7,066.00 506 TRAFFIC CONTROL 1 LS $3,674.00 $3,674.00 507 GRAVEL APPROACH TO SEWER MANHOLE 1 EA $2,369.00 $2,369.00 TOTAL $863,203.00 IIIIIIIIIIIIIIIIIIIIIIIIIII)II I22584228of10 IIII IllII III IIIII IIII II I 003/002/2007 01.20P Charlotte Mills-Gallatin Co MTMISC 90.00 Engineer's Estimate for Prepared By: West Winds Planned Community HKM Engineering Phase 3 Subdivision Oak St. Improvements November 13, 2006 Bozeman, MT OAK STREET IMPROVEMENTS Item Estimated Unit Total No. Description Quant' Unit Price Cost Roadway Improvements 700 Excavation 5864 CY $5.50 $32,252 701 Asphalt 1810 TON $47.00 $85,070 702 Crushed Gravel 2001 CY $25.00 $50,025 703 Base Gravel 2907 CY $17.00 $49,419 704 Curb and Gutter 630 LF $12.00 $7,560 705 Double Gutter 94 SF $7.00 $658 706 Existing Utility Rim Adjustment 2 EA $330.00 $660 707 Geotechnical Fabric 1070 SY $1.60 $1,712 708 Signage&Striping 0.3 LS $2,500.00 $750 709 1 Stormwater Improvements 1 LS $2,700.00 $2,700 Total Construction Costs $230,806 IIIIIIII11111111111112258422 IIIIIII IIIIIIII Pase IIIIIII9 or lllllll ,o Charlo 0003/Charlotte Mills-Gallatin Co MTMTSC 02/2007 01.20P 90.00 EXHIBIT "B" PHASE 3 LEGAL DESCRIPTION Beginning at the southwest corner of WEST WINDS SUBDIVISION PHASE IA, from which the center of said section bears N89°42'52"E, 1032.61; Thence, South 89°42'52" West, 693.92 feet; Thence, North 00°17'08" West, 700.00 feet; Thence North 89°42'52" East, 92.12 feet to a point of curvature, concave northerly; Thence, along said curve to the left, having an arc length of 174.34 feet, radius of 470.00 feet, central angle of 21°15'13", and a chord bearing North 79°05'16" East, 174.34 feet; Thence, North 68°27'39" East, 486.45 feet, to a point of curvature, concave Southerly; Thence, along said curve to the right, having an arc length of 134.39 feet, radius of 330.00 feet, central angle of 23°20'00", and a chord bearing North 80°07'39" East, 133.46 feet; Thence, South 88'12'21" East, 79.16 feet; Thence, South 01°47'39" West, 60.00 feet; Thence,North 88'12'21" West, 79.16 feet, to a point of curvature, concave southerly; Thence, along said curve to the left, having an arc length of 109.96 feet, radius of 270.00 feet, central angle of 23°20'00", and a chord bearing South 80°07'39" West, 109.20 feet; Thence, South 68°27'39" West, 132.16 feet, to a point of non-tangent curvature, concave Westerly; Thence, along said curve to the right, having an arc length of 454.65 feet, radius of 1280.00 feet, central angle of 20°21'04", and a chord bearing of South 10°27'40" East, 452.26 feet; Thence, South 00°17'08" East, 359.16 feet, to the point of beginning, containing 12.368 acres. EXCEPTING AND RESERVING, SUBJECT TO AND TOGETHER WITH, all utility easements as shown on this plat, and subject to all recorded and unrecorded easements. IIIIIi IIIII 2258422 IIIIIIIIII 1( IIIIIIII IIIIIIIIIII lllllllll ,I IIII 03!0 Charlotte Mills-Gallatin Co MTMISC 90.00 2/2007 O1.ZOP