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HomeMy WebLinkAbout16- Improvements Agreement - Four Points MT LLC - West Village, Four Points Subdivision Lot 3 Send Original to: City of Bozeman Department of Community Development P.O.Box 1230 Bozeman,NIT 59771 IMPROVEMENTS AGREEMENT FOR WEST VILLAGE—FOUR POINTS SUBDIVISION LOT 3 (LANDSCAPE & IRRIGATION IMPROVEMENTS) This AGREEMENT is made and entered into this day of 2016, by and between FOUR POINTS MT LLC, hereinafter called the "Developer," 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 Developer to meet the conditions of Final Site Plan approval, Planning Application No. 15242 to allow construction of 6 — 12 plex residential units and associated site improvements on property located at 3818, 3820, 3824, 3828, 3832 & 3838 Blondie Street; and WHEREAS, it is the intent of the Developer to obtain occupancy for 3818 & 3838 Blondie Street; and WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements and guarantee requirements for the conditional approval of said Site Plan Application. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1 West Village—Lot 3 Four Points Subdivision Landscape&Irrigation Improvements Agreement 1. Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being: LEGAL DESCRIPTION The property is legally described as Lot 3 of the Four Points Minor Subdivision located in the 1/4 of Section 34 T1S, RSE,P.M.M., City of Bozeman, Gallatin County, State of MT. SUBJECT to all easements of record or apparent from a visual inspection of the property. 2. Improvements This Agreement specifically includes the Landscaping and Irrigation improvements for Lot 3 as provided in the approved Site Plan 15242 and provided estimate. The estimated cost of these improvements is attached as Exhibit A. The Estimated Cost of said improvements for Lot 3 Landscape & Irrigation Improvements has been estimated by Madison Engineering, 895 Technology Blvd, Suite 203, Bozeman, MT 59718, at Seventy Nine Thousand, Three Hundred and Fifty Two Dollars and ninety two cents ($79,352.79). 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 Developer's intent with this Agreement to obtain occupancy for 3818 & 3838 Blondie Street prior to completion of all required site plan improvements. Therefore, this Agreement shall be secured by an irrevocable standby Letter of Credit No. &35W31'y(oaC-Yor an amount not to exceed $119,029.38 (Bank name and address) acceptable to the City of Bozeman, which is one hundred and fifty (150) percent of the Estimated Cost of said improvements. Said method of security shall be valid for a period of not less than twelve (12) months. In any event, all required improvements shall be completed within nine (9) months of occupancy in order to avoid default on the method of security. 2 West Village—Lot 3 Four Points Subdivision Landscape&Irrigation Improvements Agreement 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 Developer is in compliance with this Agreement, and the Developer 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 Developer 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 Developer at Four Points MT LLC 5 Rimani Drive Mission Viejo CA 92692-5106, or such other address as the Developer 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 Developer. B) The City may enforce any other remedy provided by law. 6. Indemnification The Developer 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. Developer 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 Developer. The Developer is not an agent or employee of the City. 3 West Village—Lot 3 Four Points Subdivision Landscape&Irrigation Improvements Agreement 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 Developer 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 Developer shall not assign this Agreement in whole, or in part, without prior written consent to City. 4 West Village—Lot 3 Four Points Subdivision Landscape& Irrigation Improvements Agreement 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 Developer 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. DEVELOPER BY: 'jKtrA al;iti —LukE 7,�► / Four Points MT LLC STATE OF MONTANA ) :ss County of Gallatin ) On this Jw day of .3'v&L.q , 2016, before me, the undersigned, a Notary Public for the State of Montana, personally appeared C,"k"A'4 , known to me to be a M&rc Belk of Four Points MT LLC the entity that executed the wi in instrument, and acknowledged to me that they executed the same for and on behalf of said Developer. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. SEAL Buo CHRIS BUDESKI �Fs� Notary Public :0oTARig4. :for the State of Montana (Chris Budeski) *: *- Residing at: Notary Public for the State of Montana >N•.SEAL. Q- Bozeman Montana My Commission Expires: Residing at Bozeman MT November 26,201 s My Commission Expires: Nov. 26, 2019 5 West Village—Lot 3 Four Points Subdivision Landscape&Irrigation Improvements Agreement I` THE CITY OF BOZEMAN BY: , COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On the of&day of � , 2016, before me, a Notary Public for the State of Montana, personally appeared ( known to me to be the person described in and who executed the foregoing instruthent 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. (SEAL) (Printed Name Her o u r ` ALICIA KENNEDY Notary Public for e ate of Montana o° Residing NOTARY PUBLIC for the Resn a �� �(� T,aoT�rty� STATE OF MOtdTANA gt YJl �IY�. SEAL i Q ,2cs Residing at Bozeman,Montana My Commission Expires: U—L-1— Z0(C( My Commission Fxpires August 04,zois (Use 4 digits for expiration year) 6 West Village—Lot 3 Four Points Subdivision Landscape&Irrigation Improvements Agreement EXHIBIT A Four Points Subdivision - Lot 3 West Village Landscaping & Irrigation Construction Cost Estimate ITEM Estimated Estimated No. Improvements Quantity Unit Unit Price Total 100 Soil Preparation& Fine Grading 1 LS $4,619.54 101 Trees&Shrubs 1 LS $24,260.45 102 Lawn-Seeded 1 LS $3,142.85 103 Hardscape 1 LS $6,775.83 104 Irrigation System 1 LS $29,590.25 Landscape Beds-Fabric&Mulch 1 LS $10,964.00 Landscaping &Irrigation Estimated Construction Cost $79,352.92 150%of Estimated Construction Cost $119,029.38 Approved by City Engineer's Office Date: 6 West Village Estimated Construction Cost and Bonding Summary STUDIO H JUL 0 2016 DESIGN 5EN41lfv� ��i Mr. Nate Heller, NCARB,AIA Studio H Design Inc. 895 Technology Blvd., Suite 203 Bozeman, MT 59718 nheller@studiohdesigninc.com (406)587-9968 June 28th, 2016 RE:West Village at Four Points—Building#2—3818 Blondie Street, Bozeman MT Certificate of Substantial Compliance To whom it may concern, As the Architect of Record, I am writing regarding the project referenced above to certify that Studio H Design, Inc. has performed site observation visits at all stages of construction and observed that all aspects of the building as constructed substantially comply with the design as set forth in the Construction and Contract Documents. I certify that the building is substantially complete and that it is ready for delivery to the Owner for their occupancy and use.The date of this letter shall serve as the commencement of the warranty period as defined in the Contract Documents. Sincerely, Z'�Z�ZX" Nathan Heller, NCARB,AIA CC Four Points MT LLC Rotherham Construction Studio H Design Inc. File MT Planning MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: DEPARTMENT OF COMMUNITY DEVELOPMENT,ADMIN. STAFF FINANCE DIVISION,TREASURER Ix IVr_ irvv-rig i Grn.i,vii� r rcvirrii RE: 1 s VV�S� V ( � G1 SUNGARD PROJECT: ��y3 ADDRESS: 38l8L39�9)o, 3Laq, K24�-j 3s,3;21 DATE: a� GUARANTEE: CASH LOC BOND IDENTIFYING#: GUARANTEE INSTITUTION: 1--n(x►- -RO l n4 5 M-F LL-C- INSTITUTION ADDRESS: 5 R►ry� a n 1 Dr►Ve , M I S S i Dn V le- o, C A GUARANTOR: GUARANTOR ADDRESS: aka lS� l�V1Gt,`�1 Se� TDD: 406-582-2301 THE MOST LIVABLE PLACE.