HomeMy WebLinkAbout15- Norton East Ranch Subdivision Phase 3A Street, Landscape, and Open Space Improvements Agreement J-564
Send Original to:
City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,M1'59771
2516250
Page: 1 of 19 06/30/2015 03:05:45 PM Fee: $19.00
Charlotte
tIIIcounty. MT II III 11111 I1III 1111 IN IMP
KATTED�.- ,
IMPROVEMENTS AGREEMENT
FOR
NORTON EAST RANCH SUBDIVISION,PHASE 3A
(STREET,LANDSCAPE,AND OPEN SPACE IMPROVEMENTS)
This AGREEMENT is made and entered into this day of
2015, by and between NORTON PROPERTIES, 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-14037, for the Final Plat application of
Norton East Ranch Subdivision, Phase 3A (#P- to subdivide 124.14 acres together
and create forty eight (48) single-household residential lots, three (3) restricted development lots,
and the remaining area as streets, common open space, and parkland; and
WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Norton East Ranch Subdivision,Phase 3A; and
Norton East Ranch Subdivision—Phase 3A—Infrastructure Improvements Agreement 1
WHEREAS, the Final Plat for the Norton East Ranch Subdivision, Phase 3A, was filed
prior to the installation of all required subdivision improvements and an improvements
agreement with financial security was provided; and
WHEREAS, a separate improvements agreement with financial security was provided for
performance of improvements related to the corresponding Norton East Ranch Subdivision,
Phase 3A and that improvements agreement had a shorter time limit for performance of work
and it is therefore appropriate to limit the subject of this improvements agreement; 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
Final Plat approval of Norton East Ranch Subdivision,Phase 3A.
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—NORTON EAST RANCH SUBDIVISION,PHASE 3A
A parcel of land located in the Southeast Quarter of the Northwest Quarter, the Southwest
Quarter of the Northeast Quarter, the East Half of the Southwest Quarter, and the West Half of
the Southeast Quarter, all in Section 9, Township 2 South, Range 5 East of P. M. M., Gallatin
County, Montana,being more particularly described as follows:
Beginning at the Northeast Sixteenth Corner of said Section 9; thence southerly 182°30'04",
assumed azimuth from north, 1295.74 feet along the east line of the Southwest Quarter of the
Northeast Quarter of said Section 9; thence on the following courses along the boundary of
Norton East Ranch Subdivision, Phase 1 and Phase 2A: westerly 270°20'37" azimuth 1554.63
Norton Past Ranch Subdivision—Phase 3A—Infrastructure Improvenjents Agreement 2
feet; southerly 1799 Y02" azimuth 831.60 feet; southerly 43.72 feet on a tangential curve
concave to the west,radius 345.01 feet and central angle 7°15'38"; southerly 172°00'34" azimuth
80.27 feet,tangent to said curve; thence on the following courses along the boundary of Norton
East Ranch Subdivision, Phase 2A,Norton East Ranch Subdivision Phase 2 and,Norton East
Ranch Subdivision Phase 1: easterly 090°25'50" azimuth 912.89 feet; southerly 180°25'50"
azimuth 420.00 feet; westerly 270°25'50" azimuth 2094.39 feet to the west line of the East Half
of the Southwest Quarter of said Section 9;thence northerly 002°22'18" azimuth 1328.35 feet
along said west line;thence northerly 022°27'31" azimuth 1341.77 feet along the west line of the
Southeast Quarter of the Northwest Quarter of said Section 9;thence easterly 089°56'33"
azimuth 1337.24 feet along the north line of said Southeast Quarter of the Northwest Quarter;
thence easterly 090°47'30" azimuth 1320.25 feet along the north line of the Southwest Quarter of
the Northwest Quarter of said Section 9 to the Point of Beginning.
Area= 5,407,666 square feet, 124.1429 acres or 502,388.6 square meters. Subject to existing
easements.
2. Improvements
This Agreement specifically includes the following improvements for Norton East Ranch
Subdivision, Phase 3A: Street improvements including pedestrian ramps, signage, striping,
landscaping, park pavilion, and intersection improvements to the intersection of Cottonwood and
Durston. The Estimated Cost of said improvements has been estimated by C&H Engineering
and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718, at two hundred and seventy
five thousand and four hundred and eighty two dollars and forty cents ($275,482.40). The
estimate 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 Final Plat prior to completion
of all required subdivision improvements. Therefore, this Agreement shall be secured by bond
for four hundred and thirteen thousand and two hundred and twenty three dollars and sixty cents
Norton East Ranch Subdivision—Phase 3A—Infrastructure Improvements Agreement 3
($413,223.60) 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 May 11, 2016 (1) year of the filing of the
final subdivision plat for Norton East Ranch Subdivision, Phase 3A: 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 Norton East Ranch Subdivision,
Phase 3A.
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
Norton East Ranch Subdivision—Phase 3A—Infrastructure Improvements Agreement 4
specifying the default is deposited in the United States mail addressed to the Subdivider at
Norton Properties, LLC, Attn: Kevin Spencer, 63020 NE Lower Meadow Road, Ste. 200, Bend,
OR 97702, 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.
Norton East Ranch Subdivision—Phase 3A—Infrastructure Improvements Agreement 5
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.
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
Norton East Ranch Subdivision—Phase 3A—Infrastructure Improvements Agreement 6
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.
Norton East Ranch Subdivision—Phase 3A—Infrastructure Improvements Agreement 7
SUBDIVIDER
B V N PROPERTIES, LLC- KEVIN
SPENCEP164BER
STATE OF )
:ss
County o
On this t�day of , 2015, before me a Notary Public of the State of
� personally appeared Kevin ncer, known to me to be the person that executed
foroing'lmprovemeiits 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) ,
OFFICIAL SEAL �
}? TALLIE L BELIT (Printed Name Here)
NOTARY PUBLIC- ORECO
} " COMMISSION NO, 480683 Notary Public for the State of
MY CO,MNISSION EXPIRES AUGUST 13 2017
_- L Residing at
My Commission Expires: !�5•\?�' '1
(Use 4 digits for expiration year)
Norton East Ranch Subdivision—Phase 3A—Infrastructure Improvements Agreement 8
THE CITY OF BOZEMAN
BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On the day of Juu 2015, 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.
AR/,i,�'� _for the Qtate of Montana
*: Residing at; 4(P1nted Name Here)
SEAL., Belgrade, Montana No blic for the State of Montana
qrF' NAP; My commission expires;
OF Mp July 22,2016 Residing at
My Commission Expire
(Use 4 digits for expiration year
Norton East Ranch Subdivision—Phase 3A—Infrastructure Improvements Agreement 9
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
---------------------------------------------------------------------------------------------------------------------
Date: May 11, 2015
Project: Norton East Ranch Subdivision,Phase 3A-Major Subdivision
Developer: Norton Properties, LLC—Kevin Spencer
---------------------------------------------------------------------------------------------------------------------
Improvement Sq. Ft./Ln. Ft Estimated
Phase 3A West Babcock Street $ 79,697.50
Phase 3A Street C $ 31,810.00
Phase 3A Street E $ 36,607.70
Phase 3A Street F $ 20,616.00
Phase 3A Street D $ 9,760.00
Phase 3A Alley $ 4,912.00
Phase 3A Cottonwood/Durston $ 6,600.00
Phase 3A Park/Open Space/Neighborhood Center $ 85,479.20
Sub Total $ 275,482.40
150% $ 413,223.60
r
Approved by City Engineer's Office Date
i
Norton East Ranch Subdivision—Phase 3A—Infrastructure Improvements Agreement 10
Norton East Ranch Subdivision,Phase 3 05/06/15
WEST BABCOCK STREET,PHASE 3A
PUBLIC IMPROVEMENTS COST ESTIMATE
ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
ON-SITE STREET IMPROVEMENTS
1-1 PEDESTRIAN RAMPS(DOUBLE) 2 EA $1,750.00 $3,500.00
1-2 COMBINATION STOP/STREET SIGNS/NO PARKING 4 EA $550.00 $2,200.00
1-3 *CONSTRUCT SIDEWALK(6-WIDE AND 6"THICK) 7,190 SF $5.25 $37,747.50
1-4 TEMPORARY DEAD END BARRICADE 1 LS $1,250.00 $1,250.00
TOTAL $44,697.50
MISCELLANEOUS
2-1 PAVEMENT STRIPING(WEST OF LAUREL PARKWAY) 1 LS $21,500.00 $21,500.00
2-2 PAVEMENT STRIPING(EAST OF LAUREL PARKWAY) 1 LS $13,500.00 $13,500.00
TOTAL $35,000.00
PUBLIC IMPROVEMENTS TOTAL: $79,697.50
*SIDEWALKS TO BE CONSTRUCTED INCLUDE THE SOUTH SIDE OF
WEST BABCOCK AND THE WEST SIDE OF LAUREL PARKWAY FROM
WEST BABCOCK TO THE PHASE A/C LINE ON LAUREL PARKWAY.
Norton East Ranch Subdivision, Phase 3 05/06/15
STREET C,PHASE 3A
PUBLIC IMPROVEMENTS COST ESTIMATE
ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
ON-SITE STREET IMPROVEMENTS
1-1 CONSTRUCT SIDEWALK(5'WIDE AND 4"THICK) 360 SF $4.75 $1,710.00
1-2 PEDESTRIAN RAMPS(DOUBLE) 10 EA $1,750.00 $17,500.00
1-3 COMBINATION STOP/STREET SIGNS/NO PARKING 11 EA $550.00 $6,050.00
1-4 TEMPORARY DEAD END BARRICADE 1 LS $1,250.00 $1,250.00
TOTAL $26,510.00
MISCELLANEOUS
2-1 PAVEMENT STRIPING 1 LS $5,300,00 $5,300.00
TOTAL $5,300.00
PUBLIC IMPROVEMENTS TOTAL: $31,810.00
Norton East Ranch Subdivision,Phase 3 05/06/15
STREET E, PHASE 3A
PUBLIC IMPROVEMENTS COST ESTIMATE
ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
ON-SITE STREET IMPROVEMENTS
1-1 CONSTRUCT SIDEWALK(5'WIDE AND 4"THICK) 667. SF $4.75 3,168.25
1-2 CONSTRUCT CONCRETE PATH(10'WIDE AND 6"THICK) 5,163 SF $5.15 26,589,45
1-3 PEDESTRIAN RAMPS(SINGLE) 1 EA $1,050.00 1,050.00
1-4 PEDESTRIAN RAMPS(DOUBLE) 2 EA $1,750.00 3,500.00
1-5 COMBINATION STOP/STREET SIGNS/NO PARKING 1 EA $550.00 550.00
1-6 TEMPORARY DEAD END BARRICADE 1 LS $1,250.00 1,250.00
TOTAL 36,107.70
MISCELLANEOUS
2-1 PAVEMENT STRIPING 1 LS $500.00 500.00
TOTAL 500.00
PUBLIC IMPROVEMENTS TOTAL: 36,607.70
Norton East Ranch Subdivision, Phase 3 05/06/15
STREET F,PHASE 3A
PUBLIC IMPROVEMENTS COST ESTIMATE
ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
ON-SITE STREET IMPROVEMENTS
1-1 CONSTRUCT SIDEWALK(5-WIDE AND 4"THICK) 656 SF $4.75 3,116.00
1-2 PEDESTRIAN RAMPS(SINGLE) 3 EA $1,050.00 3,150.00
1-3 PEDESTRIAN RAMPS(DOUBLE) 2 EA $1,750.00 3,500.00
1-4 COMBINATION STOP/STREET SIGNS/NO PARKING 10 EA $550.00 5,500.00
1-5 TEMPORARY DEAD END BARRICADE 1 LS $1,250.00 1,250.00
TOTAL 16,516.00
MISCELLANEOUS
2-1 PAVEMENT STRIPING 1 LS $4,100 4,100.00
TOTAL 4,100.00
PUBLIC IMPROVEMENTS TOTAL: 20,616.00
i
Norton East Ranch Subdivision,Phase 3 05/06/15
STREET D, PHASE 3A
PUBLIC IMPROVEMENTS COST ESTIMATE
ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
ON-SITE STREET IMPROVEMENTS
3-9 CONSTRUCT SIDEWALK(5'WIDE AND 4"THICK) 360 SF $4.75 $1,710.00
3-10 COMBINATION STOP/STREET SIGNS/NO PARKING 6 EA $550.00 $3,300.00
TOTAL $5,010.00
MISCELLANEOUS
4-2 PAVEMENT STRIPING 1 LS $4,750.00 $4,750.00
TOTAL $4,750.00
PUBLIC IMPROVEMENTS TOTAL: $9,760.00
Norton East Ranch Subdivision, Phase 3 05/06/15
ALLEY,PHASE 3A
PUBLIC IMPROVEMENTS COST ESTIMATE
ITEM ITEM DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
ON-SITE STREET IMPROVEMENTS
1-1 CONSTRUCT SIDEWALK(5-WIDE AND 4"THICK) 592 SF $4.75 $2,812.00
1-2 PEDESTRIAN RAMPS(SINGLE) 2 EA $1,050.00 $2,100.00
TOTAL $4,912.00
PUBLIC IMPROVEMENTS TOTAL: $4,912.00
I
i
i
COTTONWOOD&DURSTON INTERSECTION IMPROVEMENTS 03/26/1S
PUBLIC IMPROVEMENTS QUANTITY TAKEOFF
ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE AMOUNT
STREETIMPROVEMENTS
1-1 2'x-14'WHITE,THERMOPLASTIC STOP LINE 2 EA $700.00 $1,400
1-2 36"STOP SIGN WITH VERTICAL RETROREFLECTIVE STRIP 2 EA $800 00 $1 600
1-3 RI-3P ALL WAY ADVISORY PLATE 4 EA $50 00 $200
1-4 _ STOP SIGN/W23-2 WARNING FLAGS 8 EA 150.00 $400
1-5 W23-2 WARNING SIGN 4 EA $750.00 $3,000
TOTAL $6,600
I
I
I
Norton Properties March 3, 2015
63026 Lower Meadow Drive Suite 200
Bend, Oregon 97701
Pavilion
Materials $ 12,869.70
Labor $ 10)000.00
Excavation $ 5,000.00
Foundation $ 4,000.00
Slab $ 3,520.00
Painting $ 3,750.00
Electrical $ 3,280.00
Masonry $ 6,400.00
Engineering $ 1,800.00
Building Permit $ 1,000.00
Total $ 51,619.70
63278 POWELL BUTTE HWY-BEND, OR 977o1 541.728.0378 NORTONRANCHHOMES.COM
. I
Morrison Design & Landscaping, Inc. Estimate
3173 Foxtall St
MOf�(iISON Bozeman, MT 59718 _Date Estimate
GN #
DESI &LAW05CAPinr3 phone: 406.587.3262
Fax: 406.587.0264 2/17/2015 1731
Name/Address
Norton Ranch
Attn: Doug Lee
541-728-0378/541-480-9554 C
douo@nortonrauchhomes.corn
Description Qty -� ^� Cost Total
k:Norton Ranch Park***
Swamp White Oak 2" 3 230.00 690.00
Skyline Honeylocust 2" 15 210.00 3,150.00
Northwoods Maple 2" 8 210.00 1,680.00
Linden,American 2" 6 170.00 1,020.00
TalarianMaple,Hot Wings' 1.75" to 205.00 2,050.00
Spruce,Colorado Blue 10' 6 425.00 2,550.00
Kentucky Bluegrass Seed,per pound 215 4.50 967.50
Topsoil,per yard 60 19.00 1,080.00
Tree Stake Kits 96 7.00 672.00
Gravel Trail Fines,per yard 65 28.00 1,820.00
Sprinkler System-Rainbird System,includes: 1 7,500.00 7,500.00
Head to head coverage
Plumb out from crawl space
Rain Bird Control Clock
PVB-water back flow preventer
1 year parts&labor warranty
1 st year winterization free
Bobcat Labor,per hour 60 60.00 3,600.00
Foreman Labor,per hour 30 38.00 1,140.00
General Labor,per hour 180 33.00 5,940.00
By signing below,you agree to have read and will comply with all the terns and conditions. �V �ta Buyer will submit a 50%deposit upon acceptance of estimate before work can begin.The To 533,859.50
remaining balance is due upon completion of work.If total balance is not paid within 30 daysupon completion of work,buyer agrees to pay a service charge of 10%of total balance annually.Buyer
agrees to pay all collection costs,legal expenses and attorney fees that may arise.If buyer cancels or
otherwise rescinds prior to completion of work,buyer agrees to pay Morrison Design
and Landscaping 10%of the estimate total contract price,plus any completed work,due and
payable no more than 7 days from cancellation.This estimate is valid for 30 days from the date
listed.
Customer Signature
i