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.
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Charlotte Mills-Gallatin Co MTMISC 90.00
Subdivision Improvements Agreement
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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
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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
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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
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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
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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
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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.
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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
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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
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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.
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