HomeMy WebLinkAbout14- Amended Plats of Valley West Subdivision J-422—A — J-435—B — J-463—B
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IMPROVEMENTS AGREEMENT FOR THE
AMENDED PLATS OF:
LOT 1 OF THE FINAL PLAT OF VALLEY WEST SUBDIVISION PHASE 3B
LOTS 8,9& 16 OF THE CORRECTED PLAT OF VALLEY WEST SUBDIVISION PHASE 3C
LOTS 22-26 OF THE PLAT OF VALLEY WEST SUBDIVISION PHASE 3D
This AGREEMENT is made and entered into thisZ_�Jay of 2014,
by and between VALLEY WEST HOLDINGS, LLC, hereinafter called the "Subdivider", and the CITY
OF BOZEMAN, a municipal corporation and political subdivision of the State of Montana,with offices at
City Hall, 121 North Rouse Avenue,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 preliminary
plat approval, Planning Application No. P-14018, for the Amended PIat applications of 1) LOT 1 OF
THE FINAL PLAT OF VALLEY WEST SUBDIVISION PHASE 3B,subdividing 0.45±acres together
and creating four (4) single-household residential lots; 2) LOTS 8, 9 & 16 OF THE CORRECTED
PLAT OF VALLEY WEST SUBDIVISION PHASE 3C, subdividing 1.29± acres together and creating
twelve (12) single-household residential tots; 3) LOTS 22-26 OF THE PLAT OF VALLEY WEST
SUBDIVISION PHASE 3D, subdividing 1.73± acres together and creating fourteen (14) single-
household residential lots.
Amended Plats of Valley West Subdivision Phases 313,3C&3D—Improvements Agreement 1
WHEREAS, it is the intent and purpose of the Subdivider to obtain Amended Plat approvals for
1)LOT 1 OF THE FINAL PLAT OF VALLEY WEST SUBDIVISION PHASE 3B;2)LOTS 8, 9& 16
OF THE CORRECTED PLAT OF VALLEY WEST SUBDIVISION PHASE 3C; 3) LOTS 22-26 OF
THE PLAT OF VALLEY WEST SUBDIVISION PHASE 31); and
WHEREAS, it is the intent of the Subdivider to file the Amended Plats for I) LOT 1 OF THE
FINAL PLAT OF VALLEY WEST SUBDIVISION PHASE 3B; 2) LOTS 8, 9 & 16 OF THE
CORRECTED PLAT OF VALLEY WEST SUBDIVISION PHASE 3C; 3) LOTS 22-26 OF THE
PLAT OF VALLEY WEST SUBDIVISION PHASE 3D, prior to the installation of all required
subdivision improvements;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
related with the property hereinafter described; and it is the intent of this Agreement, and of the parties
hereto, to satisfy the improvements guarantee requirements for the Amended Plat approvals of 1) LOT I
OF THE FINAL PLAT OF VALLEY WEST SUBDIVISION PHASE 3B;2)LOTS 8, 9& 16 OF THE
CORRECTED PLAT OF VALLEY WEST SUBDIVISION PHASE 3C; 3) LOTS 22-26 OF THE
PLAT OF VALLEY WEST SUBDIVISION PHASE 3D.
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 being:
Four tracts of land located in Section 10,Township 2 South,Range 5 East,P.M.,Gallatin County,City of
Bozeman,Montana being more particularly described as follows:
Amended Plat of Lot 1 of the Final Plat of Valley West Subdivision Phase 3B
A tract of land being Lot 1 of Valley West Subdivision Phase 3B,situated in the NW'/n Section 10,T2S,
R5E,Principal Meridian,City of Bozeman, Gallatin County,Montana, and being more particularly
described as follows:
Amended Plats of Valley West Subdivision Phases 311,3C&3D—Improvements Agreement 2
Commencing at the northwest corner of Section 10;thence S I°24'26"E a distance of 2055.75 feet to the
southwest corner of Lot 2 of Valley West Subdivision Phase 3B,the true Point of Beginning:
Thence along the south line of said Lot 2, S89°51'58"E a distance of 130.58 feet to the west right-of-way
line of Alley; Thence along said west right-of-way,SO°08'02"W a distance of 150.00 feet; Thence
N89°51'58"W a distance of 133.12 feet to the east line of Open Space 3; Thence along said east line,
Nl°06'05"E a distance of 150.02 feet to the true Point of Beginning.
Said tract contains 0.45 acres,more or less,and is subject to all existing easements,whether of record or
apparent on the ground.
Amended Plat of Lots S,9&16 of the Corrected Plat of Valley West Subdivision Phase 3C
A tract(s)of land being Lots 8 and 9 of the Corrected Plat of Valley West Subdivision Phase 3C,situated
in the NW 1/4 Section 10,12S,RSE,Principal Meridian,City of Bozeman,Gallatin County,Montana,and
being more particularly described as follows:
Commencing at the west one-quarter corner of Sections 9& 10;thence N7°23'59"E a distance of 821.53
feet to the intersection of the north right-of-way line of Cascade Street and east line of Open Space 2,the
true Point of Beginning:
Thence along east line of said Open Space 2,N1°06'05"E a distance of 303.94 feet to a point which is
S 1 106'05"W a distance of 212.37 feet from the southwest corner of Lot 16 Valley West Subdivision
Phase 3C; Thence S89°51'58"E a distance of 121.90 feet to the west right-of-way line of Alley; Thence
along said west right-of-way SO°08'02"W a distance of 303.89 feet to the north right-of-way line of
Cascade Street; Thence along said north line,N89052'13"W a distance of 127.04 feet to the true Point of
Beginning.
Said tract(s)contain(s)0.87 acres,more or less,and are subject to all existing easements,whether of
record or apparent on the ground.
A tract of land being Lot 16 of the Corrected Plat of Valley West Subdivision Phase 3C,commencing at
the northwest corner of Section 10;thence S3°16'27"E a distance of 1178.48 feet to the intersection of the
south right-of-way line of Waters Street and east line of Open Space 2,the true Point of Beginning:
Thence along south right-of-way of Waters Street,S88053'55"E a distance of 121.36 feet to the west
right-of-way line of Alley; Thence along said west right-of-way S 1°06'05"W a distance of 152.37 feet
to the northeast corner of Lot 15 Valley West Subdivision Phase 3C; Thence along the north line of said
Lot 15,N88053'55"W a distance of 121.36 feet to the east line of Open Space 2 to a point which is
NI006'05"E a distance of 212.37 feet from the northwest corner of Lot 9 Valley West Subdivision Phase
3C; Thence along east line of said Open Space 2,N1°06'05"E a distance of 152.37 feet to the true Point
of Beginning.
Said tract contains 0.42 acres,more or less,and is subject to all existing easements,whether of record or
apparent on the ground.
Amended Plat of Lots 22-26 of the Plat of Valley West Subdivision Phase 3D
A tract of land being Lots 22,23,24,25,and 26 of Valley West Subdivision Phase 3D,situated in the
NW 1/Section 10,T2S,RSE,Principal Meridian,City of Bozeman,Gallatin County,Montana,and being
more particularly described as follows:
Amended Plats of Valley West Subdivision Phases 3B,3C&c 3D—Improvements Agreement 3
Commencing at the one-quarter corner between Sections 9 & 10;thence N4°27'43"E a distance of
1547.81 feet to the intersection of the north right-of-way Iine of Waters Street and east line of Open Space
1,the true Point of Beginning:
Thence along east line of said Open Space 1,N1°06'05"E a distance of 621.12 feet;Thence S88°53'55"E
a distance of 121.36 feet to the west right-of-way line of Alley;Thence along said west right-of-way
S 1°06'05"W a distance of 621.12 feet to the north right-of-way line of Waters Street;Thence along said
north line,N88°53'55"W a distance of 121.36 feet to the true Point of Beginning.
Said tract contains 1.73 acres,more or less, and are subject to all existing easements,whether of record or
apparent on the ground.
2. Improvements
This Agreement specifically includes the following improvements for all Amended Plat Phases: a)
sidewalks located within public pedestrian access easements and,b) single family lot frontage public
boulevard sidewalks. The Estimated Cost of said improvements has been estimated by Morrison-
Maierle,Inc, 2880 Technology Blvd West, Bozeman,MT 59718, at Thirty Seven Thousand, Six
Hundred Eighty Seven Dollars and Fifty Cents ($37,687.50) and is attached and made a part of this
Agreement, as Exhibit"A".
3. Financial Guarantee,Time for Completion of Improvements,Additional restrictions
It is the Subdivider's intent with this Agreement to file the Amended Plats prior to completion of
all required subdivision improvements. Therefore, this Agreement shall be secured by a financial
guarantee in the form of a financial guarantee acceptable to the City of Bozeman, which is one hundred
and fifty(150)percent of the Estimated Cost of said improvements.
The financial guarantee shall be in full force and effective until the work is completed by the
Subdivider and accepted by the City of Bozeman. Said financial guarantee shall be automatically
renewed or extended at a minimum thirty (30) days prior to the expiration date if all required subdivision
improvements are not installed at that time.
All public sidewalks for individual subdivision lots shall be installed and completed with
issuance of a building permit and prior to issuance of an occupancy permit or within three(3)years
of the filing of the Amended Plats for 1) LOT I OF THE FINAL PLAT OF VALLEY WEST
Amended Plats of Valley West Subdivision Phases 313,3C &31)—Improvements Agreement 4
SUBDIVISION PHASE 3B; 2) LOTS 8, 9 & 16 OF THE CORRECTED PLAT OF VALLEY WEST
SUBDIVISION PHASE 3C; 3) LOTS 22-26 OF THE PLAT OF VALLEY WEST SUBDIVISION
PHASE 3D whichever comes first, in order to avoid default on the method/oJf �s/ecurity. The
financial guarantee is in the form of a L -e✓V C� '� red'+ T issued
by Avvk-p-Y- Icca,- l; in the amount of $56,531.25,
No. I -T — DU S dated OCto62\r 7 ad / T
The Subdivider agrees that no delegation of performance required by this agreement shall relieve
the Subdivider of any duty to perform or any liability for the breach of that duty to complete said
subdivision improvements required for the Amended Plats of 1) LOT 1 OF THE FINAL PLAT OF
VALLEY WEST SUBDIVISION PHASE 3B; 2) LOTS 8, 9 & 16 OF THE CORRECTED PLAT OF
VALLEY WEST SUBDIVISION PHASE 3C; 3) LOTS 22-26 OF THE PLAT OF VALLEY WEST
SUBDIVISION PHASE 3D.
Upon submission of fully documented invoices for the work performed,said work to be inspected
and certified for payment by Subdivider's professional engineers and the City of Bozeman and or its
agents as necessary, the City of Bozeman may release a portion of the letter of credit for the work
completed by the referenced invoices.
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.
5. Default
Time is of the essence of 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 Valley West Holdings, LLC, 1800
Amended Plats of Valley West Subdivision Phases 3B,3C&3D-Improvements Agreement 5
Second Street, Suite 806, Sarasota, FL 34236-5987 , 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. 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 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. Subdivider 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 Subdivider. The Subdivider is not an agent or
employee of the City.
7. Attorney 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.
8. 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 two (2) years from the date of their written
acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently
maintained by the Subdivider pursuant to section 38.26.100 of the Bozeman Zoning Code.
Amended Plats of Valley West Subdivision Phases 3B,3C&3D—Improvements Agreement 6
9. Governing Law t
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.
10. Modification or Alterations
No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing
signed 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 to City.
13. Successors
Except as provided in paragraph twelve(12),this Agreement shall be binding upon,ensure 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 CIerk
and Recorder at the same time the Amended Plats for 1)LOT I OF THE FINAL PLAT OF VALLEY
WEST SUBDIVISION PHASE 3B;2) LOTS 8, 9 & 16 OF THE CORRECTED PLAT OF VALLEY
WEST SUBDIVISION PHASE 3C; 3) LOTS 22-26 OF THE PLAT OF VALLEY WEST
SUBDIVISION PHASE 3D are filed.
Amended Plats of Valley West Subdivision Phases 311,3C&3D-Improvements Agreement 7
SUBDIVIDER Ve4 1 W � 1
�. s D,
BY: Thomas Brown, Cis
STATE OF MONTANA )
:ss
County of Gallatin )
On this -+k day of �c�o�,e_r 2014, before me a Notary Public of the State of Montana,
personally appeared Thomas Brown,,,known to me to be the person that executed the foregoing
Improvements Agreement, and acknowl dged to me that they executed the same for and on behalf of said
Subdivider. V - Wjeb' `-�.l�" LLC 6-1 I'�c .
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year /
first above written.
-
(SEAL)
`;,OPEN STg9.,; JEREN STARR (Printed Name Here)
9 . Notary Public
NOT^fl�gi. =_for the State of Montana Notary Public for the State of Montana
N .S F:,11, Residing at: Residing at�,7
Bozeman, Montana My Commission Expires:_ /o/cl! ei-1
9 Of M MY Commission Expires: (Use 4 digits for expiration year)
October0l,2017
Amended Plats of Valley West Subdivision Phases 313,3C &3D—Improvements Agreement 8
THE CITY OF BOZEMAN
BY:
DIRECTOR OF COIVMIUNITY DEVELOPMENT
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On the [D day of I�QlMbM 2014, before me, a Notary Public for the State of
Montana, personally appeared Wfl)MA known to me to be the person
described in and who executed the foregoing instrument as Director of Community Development
for the City of Bozeman, whose naive is subscribed to the within instrument and acknowledged to
me that she 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.
RI NE MAINES Y l► 11J��,V�J �rJ��PANE h:qi Notary
of�M
State
ontana
ti . 1� for the4(Prnted Name HereR siding at: )
Montana
geigrade, Notary Public for theA
tate of Montana
My Commission Expires:
2016 Residing at `f qT�OF�C�` ,7uly 22,
My Corrunission xpires:
(Use 4 digits for expiration year)
Amended Plats of Valley West Subdivision Phases 313,3C&3D-Improvements Agreement 9
EXHIBIT"A"
ESTIMATED COST FOR IMPROVEMENTS
-------------------------------------------------------------------------------------------------------------------------------
Date•
Project: Infrastructure Improvements Associated with the Amended Plats of Valley West Subdivision
Phases 3B, 3C and 3D. I 1
Developer: Thomas Brown.
------------------ ------------------------------------------------------------
Improvement. Sc.Ft./Ln.Ft Estimated Cost
Public Sidewalks (Concrete,4"depth) 8,375 SF @ $4.50/SF $37,687.50
Total= $37,687.50
x 1.5= $56,531.25
All improvements will be completed in accordance with approved plans and specifications.
Approved by City Engineer's Office Date
Amended Plats of Valley West Subdivision Phases 311,3C&3D—Improvements Agreement 10