HomeMy WebLinkAbout15- Partridge Downs Phase I Major Subdivision Open Space and Landscaping Improvements Agreement J-565
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City of Bozeman
Department of Community Development PLATTED
P.O.Box 1230
Bozeman,MT 59771 2517843
Page: 1 of 11 07/17/2015 02.10:31 PM Fee: $11.00
Charlotte Mills - Gallatin County MT IMP
Illili IN IIII 111111111111111111111111111111111
IMPROVEMENTS AGREEMENT
FOR
PARTRIDGE DOWNS PHASE 1 MAJOR SUBDIVISION
(OPEN SPACE AND LANDSCAPING IMPROVEMENTS)
This AGREEMENT is made and entered into this /& 1 day of "
2015, by and between VISION DEVELOPMENT, 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. P14015, for the Final Plat application of
Partridge Downs Phase I Major Subdivision (PI5013), to subdivide 6.21± acres together and
create thirty (3) single-household residential lots, one (a) Open Space parcel, and the remaining
area as public streets; and
WHEREAS,it is the intent and purpose of the Subdivider to obtain Final Plat approval for
Partridge Downs Subdivision,Phase 1; and
Partridge Downs Major Subdivision—Open Space&Boulevard Landscaping Improvements Agreement 1
I'
WHEREAS,the Final Plat for the Partridge Downs Subdivision,Phase 1, was filed prior
to the installation of all required subdivision improvements for Phase 1 and an improvements
agreement with financial security was provided; 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 Partridge Downs Subdivision,Phase 1.
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—PARTRIDGE DOWNS PHASE 1
(OPEN SPACE AND BOULEVARD LANDSCAPING)
The property is legally described as Tract 2A of COS 501,together with a strip of land described
in Document No. 2268861, on file and of record in the office of the Clerk and Recorder, Gallatin
County,Montana, and located in the Southeast One-Quarter(SE 1/a) of Section 3, Township Two
South(T2S), Range Five East(R5E), P.M.M., Gallatin County, Montana.
SUBJECT to all easements of record or apparent from a visual inspection of the property.
2. Improvements
This Agreement specifically includes the following improvements for Phase 1: Open Space and
Boulevard Landscaping. The Estimated Cost of said improvements for Open Space and Boulevard
Landscaping improvements has been estimated by Granite Peak Hardscape,3745 Corwin Street,
Partridge Downs Major Subdivision—Open Space&Boulevard Landscaping Improvements Agreement 2
Bozeman,MT 59718, at Seven Thousand,Six Hundred Sixty Dollars and No Cents($7,660.00).
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
irrevocable standby Letter of Credit No. 7400003993 for an amount not to exceed$11,490.00
at Bank of Bozeman, 875 Harmon Stream Blvd, Bozeman, Montana 59718, 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 no later than July 15,2015 for all Open Space landscaping
and one (1) year of the filing of the final subdivision plat for Partridge Downs Major
Subdivision,Phase 1: Boulevard 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 Partridge Downs Major Subdivision,Phase 1.
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.
Partridge Downs Major Subdivision—Open Space&Boulevard Landscaping Improvements Agreement 3
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 Vision
Development,P.O. Box 1858,Bozeman,MT 59771-1858,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
Partridge Downs Major Subdivision—Open Space&Boulevard Landscaping Improvements Agreement 4
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 parry 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. Warrantv
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 or the Partridge Downs Property Owners Association if, and only if,
pursuant to Section 5 of the Partridge Downs Home Owners Association Covenants(pg. 20),until
80 percent of the lots in Partridge Downs have been sold or five years have passed since the
recording of these Covenants,whichever is longer.
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
Partridge Downs Major Subdivision—Open Space&Boulevard Landscaping Improvements Agreement 5
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
Clerk and Recorder at the within 10 business days of the signature of the Community Development
Director,
Partridge Downs Major Subdivision—Open Space&Boulevard Landscaping Improvements Agreement 6
SUBDIVIDER
BY: DENNIS BALIAN, PRESIDENT
VISION DEVELOPMENT
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of t: , 2015, before me a Notary Public of the State of
Montana, personally appeared knoMew
o me to be the person that executed
the foregoing Improvements Agreement, and acnowledg 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)
F';
CORINNE WRIGHT (PrintedN Here)
' Notary Public Notary Public for the State of Montana
TARfor the State of Montana
et
Residing at: Residing at (�CALBozeman, Montana My Commission Expires:OF�O"o nny commission Expires: (Use 4 digits for expiration year)
O s I 0" June 15, 2018
Partridge Downs Major Subdivision—Open Space&Boulevard Landscaping 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 day of , 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.
(9 :NEMAINES `
�2= Notab"crAr�iq�'�n for they Ma MontanaRes at; (Pri ted Name Here)
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My Commission Expires:
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Partridge Downs Major Subdivision—Open Space&Boulevard Landscaping Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
---------------------------------------------------------------------------------------------------------------------
Date•
Project: Partridge Downs Major Subdivision,Phase 1
Developer: Dennis Balian,Vision Development
---------------------------------------------------------------------------------------------------------------------
Improvement Sq. Ft./Ln. Ft Estimated
Open Space &Boulevard Landscaping N/A $ 7,660.00
7,660.00
Sub Total 7,660.00
150% $ 11,490.00
Approved by City Engineer's Office Date
Partridge Downs Major Subdivision—Open Space&Boulevard Landscaping Improvements Agreement 9
3745 Corwin Street
E;;1 Bozeman,MT 59718
T 406.570.7459
f
E pthorsen@bresnan.net
G A-M TE PEAK 4/9/15
1-Iardscape & Lajidscape N
Attention: Project title:Install materials for retention pond,trees and sod on
Dennis Balian blvds.
Vision Development
visiondevelopmentmt@gmail ((
Description Quantity Unit Price Cost''
6500 square feet weed fabric 6500 $ 0.10 $ 65.00
8 yards landscape rock 8 $ 35.00 $ 280.00
10#seed for native area 10 $ 7.50 $ 75.00
skid steer on site for one working day 1 $ 80.00 $ 80.00
20 hours labor to install retention pond area 20 $ 45.00 $ 900.00
(retention pond install will be$1400.00)
Linden 1.5"caliper 5 $ 140.00 $ 700.00
Norway maple 5 $ 140.00 $ 700.00
20 tee post 20 $ 5.50 $ 110.00
3000 square feet sod installed 3000 $ 0.30 $ 900.00
30 hours labor to install blvd trees,grading and sod 30 $ 45.00 $ 1,350.00
(blvd trees,grading and sod will be$3760.00) $ 0.00
Irrigation install will cost$2500.00 $ 0.00
$ 0.00
Subtotal $ 7,660.00
Tax $ 0.00
Total $ 7,660.00
Thank you for your business!
Sincerely yours,
t1Vork LRL
Patrick Thorsen
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