HomeMy WebLinkAbout15- Alder Creek Subdivision, Phase 5 (Landscape, Irrigation, and Trail Improvements) Send Original to:
City of Bozeman
Department of Community Development
P.O.Box 1230
2529949
Bozeman,MT 59771 Page: t of 9 li/09/2015 il:28:58 AM Fee; $63.00
" - Charlotte Mills - Gallatin County MT IMP
IMPROVEMENTS AGREEMENT
FOR
ALDER CREEK SUBDIVISION,PHASE 5
(LANDSCAPE,IRRIGATION,AND TRAIL IMPROVEMENTS)
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This AGREEMENT is made and entered into this Z ad day of
/ifpyc�,��y 2015, 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 offs i w 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. v le, ,7, for the Final Plat application of
Alden Cheek Subdivision, Please S (#L e Le 2-- ), to subdivide 3.4148 acres together and create
twenty (20) single-household residential lots and the remaining area as streets, parkland, and
common open space; and
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WHEREAS, it is the intent and purpose of the Subdivider to obtain Final Plat approval
for Alder Creek Subdivision, Phase 5, and.
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Alder Creek Subdivision—Phase 5—Landscape,Irrigation,and Trail Improvements Agreement 1 j
WHEREAS, the Final Plat for the Alder Creek Subdivision, Phase 5, 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 Alder Creek Subdivision, Phase 5
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 Alder Creek Subdivision,Phase 5.
NOW, THEREFORE, in consideration of the mutual covenants and conditions contained
herein,it is hereby agreed as follows:
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1. Property Description f
This Agreement pertains to, and includes, those properties which are designated and l�
identified as being:
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LEGAL DESCRIPTION—ALDER CREEK SUBDIVISION,PHASE 5
(LANDSCAPE,IRRIGATION,AND TRAIL IMPROVEMENTS)
Alder Creek Subdivision,Phase 5,Plat J-479, City of Bozeman,according to the plat thereof,on
file and of record in the office of the Clerk and Recorder, Gallatin County,Montana, and located
in the Northeast Quarter of the Southwest Quarter of Section 24,Township,2 South, Range 5
East of P. M. M., City of Bozeman, Gallatin County,Montana. i1
Area= 148,750 square feet, 3.4148 acres or 13,819.3 square meters. Subject to existing
easements.
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2. Improvements
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Alder Creels Subdivision—Phase 5—Landscape,Irrigation,and Trail Improvements Agreement 2 t
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This Agreement specifically includes the following improvements for Alder Creek Subdivision,
Phase 5: Landscaping, irrigation, and trail improvements. The Estimated Cost of said
improvements has been estimated by C&H Engineering and Surveying,, Inc., 1091 Stoneridge
Drive, Bozeman, MT 59718, at Tivelve Thousand Nine Hundred and Thirty Five Dollars and �
No Cents ($12,935.00). 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 prior to completion
of all required subdivision improvements. Therefore, this Agreement shall be secured by cash
for $'19,402.50 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 one (1) years of the filing of this agreement
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in order to avoid default on the method of security.
The Subdivider agrees that no delegation of performance required by this agreement shall
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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 Alder Creek Subdivision, Phase 5.
Upon submission of fully documented invoices for the work performed, said work to be
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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.
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4. Inspection
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Alder Creels Subdivision—Phase 5—Landscape,Irrigation,and Trail Improvements Agreement 3
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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
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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 Attn:
Joe Mahar, 1627 W. Main St., #370, Bozeman, MT 59718, or such other address as the
Subdivider shall provide to the City from time to time, without being completely remedied, i
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 1
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 Citymay enforce an other remedy provided b law.
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6. Indemnification
The Subdivider hereby expressly agrees to indemnify and hold the City harmless for and
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against all clairns, costs and liability of every kind and nature, for injury or damage received or I)
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
Alder Creek Subdivision—Phase 5—Landscape,Irrigation,and Trail Improvements Agreement 4
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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
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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 slxall 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
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The invalidity or unenforceability of any provision of this Agreement shall not affect the
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other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or
unenforceable provision were omitted.
12. No Assignment
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Alder Creek Subdivision--Phase 5—Landscape,Irrigation,and Trail Improvements Agreement 5
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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 j
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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
Cleric and Recorder at the within 10 business days of the signature of the Community
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Development Director.
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Alder Creels Subdivision—Phase 5—Landscape,Irrigation,and Trail Improvements Agreement 6
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SUBDIVIDER
BY: JOE MAHAR
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STATE OF )
i :ss
County of ` `��)
On this day of�j�i , 2015,before me a Notary Public of the State of
personally appeared Joe Mahar, known to me to be the person that executed the
foregoin 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)
OFFICIAL STAMP Notary Public for the State of OVC vl
alIIILLEY IEANNE BIItINEtIE Residing aty�
NOTARY PUBLIC-OREGON
COMMISSION NO.937290 My Commission Expires:
MY COMMISSION EXPIRES MARCH 16,2019 (Use 4 digits for expiration year)
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Alder Creels Subdivision—Phase 5—Landscape,Irrigation,and Trail Improvements Agreement 7
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THE CITY OF BOZEMAN
BY6 WEN—by THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN j
STATE OF MONTANA )
:ss
County of Gallatin )
On the day of K-C -mUL-'' , 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 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. i
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(SEAL) t r li
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\�P KNH At.lClA KENNCpY
o� (Printed Name Hiere) C,
r,ao;A;- �,t� NOTARYf'IJQLICforthe a ��.;it �.,.�-€�
SEAL.' s STATE o eman,M n Notary Public for t e State of Montana � h
.�, ,=e Residing at Bozeman,Montana �^-�
� �F M0,! MY emission Fxpims Residing at j("; ..�,- nl n ., 1
.�.w,.w. August 04,2019 My Commission Expires: Lj-7C
(Use 4 digits for expiration year) !�
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Alder Creek Subdivision—Phase 5—Landscape,Irrigation,and Trait Improvements Agreement S
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EXHIBIT"A"
ESTIMATED COST FOR IMPROVEMENTS
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Date:
Project: Alder Creek Subdivision,Phase 5 - Major Subdivision
Developer: Joe Mahar
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improvement Sq. Ft./Ln. Ft Estimated
Spray weeds $275.00
Topsoil 60 cy @ 20$/cy $1,200,00
Walking Path 1001f @ 5$/lf $500.00
Boulevard Trees 10 ea @ 275 ea $2,750.00
Prep soil for seed, Harley rake, v
rock rake,and hand rake 25,000 sf @ 0.09c/sf $2,250.00 ?
Turf grass lawn seed 5,000 sf @ 0.07c/sf $350.00
Native grass seed around pond 20,000 sf @ 0.06c/sf $1,200.00
Complete underground sprinkler system 1 $4,150.00 f
Haul off weeds and rocks 4 @ 65$/load $260.00
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Sub Total 12,935.00
150% $ 19,402.50
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Approved by City Engineer's Office C'.,,,, �" �`" Date ` "
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Alder Creek Subdivision—Phase 5—Landscape,Irrigation,and Trail Improvements Agreement 9