HomeMy WebLinkAbout14- Ellis View Estates Major Subdivision, Landscaping and Open Space Improvements J-557
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City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,MT 59771
PLATTED
2499505
Page: of 10 12/15/2014 12:51:11 PM Fee: $10.00
Charlot1 le Mills - Gallatin County, MT IMP
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IMPROVEMENTS AGREEMENT
FOR
ELLIS VIEW ESTATES MAJOR SUBDIVISION
(LANDSCAPING AND OPEN SPACE IMPROVEMENTS)
This AGREEMENT is made and entered into this 5 day of
AlOyew, 2014, by and between JOE MAHAR, 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 and Planned Unit Development approval, Planning Application No. P-13019
and Z 13 13 1, for the Final Plat and Plan application of Ellis View Estates (P14046 and Z14284),
to subdivide 5.010 acres together and create nine (9) single-household residential lots, two (2)
Open Space parcels, one(1) public park, and the remaining area as public streets; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat and Plan
approval for Ellis View Estates; and
Ellis View Estates—Landscaping&Open Space Improvements Agreement 1
WHEREAS, the Final Plat & Plan for the Ellis View Estates, was filed prior to the
installation of all required subdivision and zoning improvements and an improvements
agreement with financial security was provided for installation of sidewalks; 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
remaining 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 Final Plat and Plan approval of Ellis View Estates
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:
LEGAL DESCRIPTION—ELLIS VIEW ESTATES
(LANDSCAPING AND OPEN SPACE IMPROVEMENTS)
Lot 4A, Minor Subdivision No. 35C, according to the plat thereof, on file and of record in the
office of the Clerk and Recorder, Gallatin County, Montana, and Iocated in the Northeast Quarter
of Section 25, Township 2 South, Range 5 East, Principal Meridian, Montana, and further
described as follows:
Beginning at the southeast corner of said Lot 4A; thence westerly 269' 40' 00", assumed azimuth
from north, 630.09 feet along the south line of said Lot 4A to a point on a curve with the center
of circle lying westerly 285' 10' 42" azimuth 1534.89 feet from said point; thence on the
following courses along the boundary of said Lot 4A;
northerly 403.85 feet along said curve,radius 1534.89 feet and central angle 015' 04' 31
northerly 000' 06' 11" azimuth 69.39 feet,tangent to said curve;
easterly 089' 40' 00" azimuth 325.29 feet;
southeasterly 151°43' 00" azimuth 530.00 feet to the point of beginning.
Area=218,249 square feet, 5.0103 acres or 20,276 square meters. Subject to existing
easements.
Ellis View Estates—Landscaping& Open Space Improvements Agreement 2
2. Improvements
This Agreement specifically includes the following improvements for Ellis View Estates:
Irrigation Well and System, Trail Totem & Pet Station, and Landscaping improvements. The
Estimated Cost of said improvements for these improvements has been estimated by
Bear Paw Landscaping, Inc., 150 Red Fox Lane, Bozeman, MT 59718 and C&H Engineering-
and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718, at Forty Seven Thousand
Four Hundred Fifty rind No Cents ($47,450.00). The estimate is attached and made apart 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 Final Plat and Plan prior to
completion of all required subdivision and zoning improvements. Therefore, this Agreement
shall be secured by cash for S71,175.00 (US Bank Cashier's Check No. 3182502293) acceptable
to the City of Bozeman, which is one hundred and fifty (150) percent of the Estimated Cost of
said improvements.
The Subdivider hereby agrees that the following subdivision related improvements
shall be installed and completed not later than July 15, 2015: Irrigation Well and System,
Trail Totem & Pet Station, and Landscaping improvements in order to avoid default on the
method of security.
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 Ellis View Estates.
Ellis View Estates—Landscaping& Open Space Improvements Agreement 3
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 Joe
Mahar, 1627 W. Main Street, #370, 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
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
Ellis View Estates—Landscaping& Open Space Improvements Agreement 4
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.
9. Governing Law
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.
Ellis View Estates—Landscaping& Open Space Improvements Agreement 5
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. Filin>:
The Subdivider shall have this Agreement recorded in the Office of the Gallatin County
Clerk and Recorder at the within 10 business days of the signature of the Community
Development Director.
Ellis View Estates—Landscaping& Open Space Improvements Agreement 6
SUBDIVIDER
BY: JOE MAHAR
STATE OF
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County of R64�s Un )
own btv-,
On this day of , 2014, before me a Notary Public of the State of
personally appeared Joe Mahar, known to me to be the person that executed the
foregoing Improvements Agreement, and acknowledged to me that they executed the same for
and on behalf of said Subdivider.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
(SEAL)
(Printed Name Here)
Notary Public for the State of Y b n
OFFICIAL SEAL Residing at { r
JESSICA R MORGAN
NOTARY PUBLIC-OREGON My Commission Expires: q
COMMISSION ESA 477093 Use 4 digits for ex iration e
MY COMMISSION EXPIRES APRIL 01,2017 ( g� p y ar)
Ellis View Estates—Landscaping&Open Space Improvements Agreement 7
THE CITY OF BOZEMAN
BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:SS
County of Gallatin }
On the 'El� day of e ' , 2014, before me, a Notary Public for the
State of Montana, personally appeared Wendy Thomas, known to me to be the person described
in and who executed the foregoing instrument as Community Development Director of the City
of Bozeman, whose name 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.
for VIC 8'al •or Niontr.na (Printed Name Here)
Or,,-awlarl, wiorltFln a Notary Public for the State of Montana
F,"y Cerrrn,!,ion Expires: Residing at 0 F) 7L'��`A,
l-.rril Oh, 2017
--`" My Commission Expires: �,' aC
(Use 4 digits for expiration year)
Ellis View Estates—Landscaping& Open Space Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
---------------------------------------------------------------------------------------------------------------------
Date:
Project: Ellis View Estates Major Subdivision and Planned Unit Development
Developer: Joe Mahar, Mahar Montana Homes, Inc
---------------------------------------------------------------------------------------------------------------------
Improvement Sq. Ft./Ln. Ft Estimated
Irrigation Well $ 3,500.00
Irrigation $ 10,075.00
Trash Can/Dog Bag Dispenser $ 1,000.00
Trail Totem $ 500.00
Landscaping $ 32,375.00
Sub Total $ 47,450.00
150% $ 71,175.00
,J
Approved by City Engineer's Office Date
01
Ellis View Estates—Landscaping&Open Space Improvements Agreement 9
Ellis View Estates - Improvements Agreement
Independent Engineers Estimate
By: KMG
Item Quantity Unit Unit Price Total
Irrigation Well 1 EA $ 5,000.00 $ 5,000.00
Irrigation 218,249 SF $ 0.20 $ 43,649.80
Trash can/Dog dispenser 1 EA $ 750.00 $ 750.00
Trail Totem 1 EA $ 300.00 $ 300.00
Landscaping 218,249 SF $ 0.15 $ 32,737.35
$ 82,437.15
150% $ 123,655.73
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