HomeMy WebLinkAbout14-Amended Plat of Meadow Creek Phase 1 Major Subdivision Inter-office Orieinal to:
City of Bozeman
Planning Department
P.O.Box 1230
Bozeman,MT 59771-1230
IMPROVEMENTS AGREEMENT
AMENDED PLAT OF MEADOW CREEK PHASE 1 MAJOR SUBDIVISION
THIS AGREEMENT is made and entered into this day of ,2014,
by and between DA Land Company,LLC 1871 South 22°a Suite 4 Bozeman MT 59718,hereinafter
called the"Subdivider",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 AMENDED PLAT OF MEADOW CREEK
PHASE 1 MAJOR SUBDIVISION to subdivide approximately 10.45 acres into approximately 42
lots, streets, alleys, and open space on property located southeast of the intersection of South 270'
Avenue and Kurk Drive and legally described as the Amended Plat of Lots 8-15 Block 5&Lots 14-
18, Block 9, Meadow Creek Subdivision Phase 1 located in the Southeast One-Quarter(SE '/4) of
Section 23, Township Two South (72S), Range Five East ME) P.M.M. Gallatin County (see
attached for detailed legal description) ; 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 ofthe
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
Amended Plat of Meadow Creek Phase 1;Improvements Agreement P13046 PAGE 1OF 8
herein, it is hereby agreed as follows:
1. Property Description
This Agreement pertains to and includes those properties which are designated and identified
as: The Amended Plat of Lots 8-15, Block 5 & Lots 14-18, Block 9 Meadow Creek Subdivision
Phase 1 located in the Southeast One-Quarter (SE '/) of Section 23, Township Two South (T2S),
Range Five East(R5E). P.M.M. Gallatin County (see attached for detailed legal description).
2. Improvements and 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 below and listed in the attached Exhibit B,
which is made part of this agreement. The list and cost of said improvements has been estimated by
DOWL HKM, 2090 Stadium Drive, Bozeman, MT 59715.
The Subdivider hereby agrees that the following improvements must be installed within one
(1)year of the City Commission final plat approval: Transportation facilities (streets, street lights,
trails, sidewalks adjacent to public lands, etc.), parks and common open space facilities and
landscapin. 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
and prior to occupancy 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
sidewalks adjacent to individual lots. Therefore, this Agreement shall be secured by a financial
guarantee valid for at least forty-two(42)months which is one hundred and fifty(150)percent
of the estimated cost of said sidewalks adiacent to individual lots. The financial guarantee is in
It-he form of a 11, 6 V'0ea issued by
0:;;-�i !7�dreryrz l 41% 7 , in the amount of S /1 5_b Z
No. `d`7' dated de,-I,S:' z Gj, Z6 111
4. Inspection
Amended Plat of Meadow Creek Phase 1; Improvements Agreement P13046 PAGE 20F 8
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.
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 at DA Land Company,
LLC 1871 South 22"d Suite 4 Bozeman, MT 59718, 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 Subdividers 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 Subdividers.
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 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.
Amended Plat of Meadow Creek Phase l; Improvements Agreement P13046 PAGE 3OF 8
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 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, ,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.
13. Successors
Except as provided in paragraph 12, this Agreement shall be binding upon, enure to the
Amended Plat of Meadow Creek Phase 1;Improvements Agreement P13046 PAGE 4OF 8
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.
PROPERTY OWNER/CORPORATION
z '//_ ,/' / —
DA Land Co any, L C
Managing Member
STATE OF sH )
:ss
County of 7 )
On this y 4� day of See item,64 y- , 2014, before me, the undersigned, a Notary
Public for the State of Montana,personally appeared 4hf 47_,L g, 2 known to me
to be the Managing Member of DA Land Company,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.
(Signature above)
William R Dreyer
Notary Public
AR/,I,'. for the State of Montana (Printed Name above)
Residing at:
.SEAI..�Q Belgrade, Montana Notary Public for State of
My Commission Expires: Residing at: Be/�%dc f'lon�aa�
December 17,2015
Commission Expires: Dccabw,-
(Use 4 digits for expiration year)
THE CITY OF BOZEMAN
Wendy Thomas, AICP
Amended Plat of Meadow Creek Phase 1; improvements Agreement P13046 PAGE 50F 8
Planning Director
STATE OF MONTANA )
:ss
County of Gallatin )
On this 0 day ofT eNr�b� , 2014, before me, a Notary Public for the State of
Montana,personally appeared Wendy Thomas,AICP,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.
Helene Greninger (Signature above) /+ r`'ffi�E..... G�� Notary Public rl L6 JV e (S E/� tAI&G
TAq/ .F=for the State of Montana
�� _qt. _ (Printed Name above)
Residing at:
��.SEAL. Bozeman, Montana Notary Public for State of Montana
3 �9 ' My Commission Expires: j Residingat: &W--MA-Ai
%. ,M, `' March 25,2015
Commission Expires: O 3/&51 S
(Use 4 digits for expiration year)
Amended Plat of Meadow Creel:Phase 1; Improvements Agreement P13046 PAGE 60F 8
Exhibit A: Legal Description
DESCRIPTION
Beginning at the Northeast comer of the tract herein described, from which the Center East 1/16
corner of section 23 bears North 59°16'31" East, 774.13 feet; thence from said Point of
Beginning South 0°10'55" West, 168.20 feet;thence South 20°39'10" East, 43.91 feet;thence
South 20°39'07" East,21.94 feet; thence South 12°09'35" East, 169.44 feet;thence South
5°36'45" West, 45.02 feet;thence South 1°55'12" East,46.11 feet;thence South 12°23'58" West,
147.06 feet;thence South 1°15'06" West, 139.14 feet; thence South 14°08'05" West, 103.23 feet;
thence South 3°54'51" East, 60.13 feet; thence South 9°23'00" East, 55.89 feet; thence South
60°49'37" East, 38.13 feet; thence South 8°46'51" West, 51.78 feet; thence South 8°46'58" West
90.03 feet;thence South 3°22'25" East, 149.45 feet;thence South 21°02'24" East, 31.95 feet;
thence South 21°02'14" East, 77.41 feet; thence South 20°58'15" East, 11.53 feet; thence South
11'55'47" East, 129.11 feet;thence South 58°14'37" West, 116.32 feet; thence South 39°19'34"
West, 91.70 feet; thence South 22°34'20" West, 18.41 feet;thence South 21°52'15" West, 113.40
feet;thence South 12'11'21" East,41.61 feet; thence South 89°45'03" West, 143.25 feet; thence
North 090'53" East, 896.91 feet; thence North 090'44" East, 60.01 feet;thence North 090'54"
East, 868.01 feet;thence North 89°4931" East 212.73 feet; thence on a curve to the left having a
Radius of 180.00 feet, an Arc Length of 22.92 feet, and whose long chord bears North 86°10'41"
East,to the Point of Beginning in all containing a gross area of 10.776 Acres, less the established
Right-of-Way of Kurk Drive, a net area of 10.450 Acres more or less.
EXCEPTING AND RESERVING, SUBJECT TO AND TOGETHER WITH, all utility
easements as shown on this plat, and subject to all recorded and unrecorded easements.
Amended Plat of Meadow Creek Phase 1; Improvements Agreement P13046 PAGE 70F 8
Exhibit B: Cost Estimate
Exhibit B
ENGINEER'S CERTIFICATE
REGARDING
Incomplete Subdivision Infrastructure
Amended Plat Meadow Creek Subdivision Phase 1
August 20, 2014
This document relates to the above referenced parcel of land being located in the SE 1/4 of
Section 23, T2S,R5E City of Bozeman, Gallatin County, Montana.
The incomplete work as of the above date includes sidewalk adjacent to private lots,
common open space improvements, landscaping, and street improvements including street
lighting, signage and striping for the Amended Plat Meadow Creek Subdivision Phase 1
infrastructure. Also attached is the schedule of values,based on bid schedules for this
project. Unit prices show that the total improvements amount totals $168,796.50. I certify
that based on existing conditions at this time in Bozeman the attached bond amount estimate
totaling$253,194.75 is a realistic cost for the improvements outlined above.
14 e;�16
Respectfully Submitted
Clint Litle, P.E.
Amended Plat Meadow Creek Subdivision Phase 1; Improvements Agreement(P13046) PAGE 7 of 9
E)E3WL H KM
Amended Plat Meadow Creek Subdivision Phase I
August 20,2014
Item Est. Unit
No. Description TQuantity Unit Price Amount
Street Improvements
1 Street Lighting Improvements 1 LS $ 38,875.00 $ 38,875.00
2 Signage Improvements 1 LS $ 13,150.00 $ 13,150.00
3 Striping Improvements 1 LS $ 15,875.00 $ 15,875.00
4 Internal Lot Sidewalks 17500 SF $ 4.25 $ 74,375.00
$ 142,275.00
Landscape Improvements
South 27th Avenue frontage and
5 Common Areas
Land Scaping(Granite Peak) 1 LS $ 10,271.50 $ 10,271.50
Irrigation(Stay Green) 1 LS S 16,250.00 $ 16,250.00
$ 26,521.50
Total $ 168,796.50
1.5 times amount $ 253,194.75
Sidewalk bonding amount(42-month) $ 111,562.50
Infrastructure bonding amount(I 8-month) $ 141,632.25
Prepared by:
(Z—,/- 6�/16
Clint Litle,P.E.
DOWL HKM
Rev, -ewa4 q- b�
Ci t j csF bZt'wt I V,
Amended Plat Meadow Creek Subdivision Phase 1 Improvements Agreement P13046