HomeMy WebLinkAbout16- Improvements Agreement - VC Seven LLC - Seven Commons Condominium ModI Seven Commons Condominium -Improvement Agreement Zoning Application 214250 I IMPROVEMENTS AGREEMENT FOR THE SEVEN COMMONS CONDOMINIUM MOD APPLICATION (FILE NO. Z14250), BOZEMAN, MONTANA THIS AGREEMENT is made and entered into this Z 7~ay of MA V , 20 I&, by and between VC Seven LLC, 700 Dell Place Bozeman, MT 59715-7770 hereinafter called the "Developer," and the City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the "City." WHEREAS, it is the intent and purpose of the Developer to meet the conditions of a Site Plan Approval, Zoning Application ZI4250 for the construction of a condominium at 3380 & 3970 & 3960 & 3950 Valley Commons Drive; and WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval of a Modification Application Z14250 to allow occupancy of the commercial condominium on property located at 3380 & 3970 & 3960 & 3950 Valley Commons Drive and is legally described as Lots 7, Valley Commons Business Park Subdivision, City of Bozeman, Gallatin County, Montana. WHEREAS, it is the intent of the Developer to obtain occupancy for the building at 3380 & 3970 & 3960 & 3950 Valley Commons Drive; 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 Modification Application. 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 BP on the City of Bozeman Zoning Map and identified as being Seven Commons Condominiums, Lots 7, Valley Commons Business Park Subdivision, City of Bozeman, Gallatin County, Montana. 2. Improvements
! Seven Commons Condominium -Improvement Agreement Zoning Application 214250 ! This Agreement specifically includes the following: Installation of electrical wiring for parking lot lighting, irrigation, landscaping, seeding and parking lot striping as provided in the approved Modification Application 214250. The estimated cost of these improvements has been estimated at Forty Thousand One Hundred and Thirty-Two Dollars ($40,132.00). The estimate is attached and made part of this Agreement as Exhibit A, B, C, and D. 3. Financial Guarantee, Time for Completion of Improvements If the use of the structure is to occur prior to completion of all required on-site improvements, this Improvements Agreement must be secured by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one-half times the estimated cost of the installation of any required improvements not completed at the time occupancy of structures is requested. Improvements may be financially guaranteed with a letter of credit or other acceptable form of security. 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. 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 pe1mit the City and its representatives to enter upon and inspect the property at any reasonable time. 5. Default Time is of the essence for 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 VC Seven LLC, 700 Dell Place Bozeman, MT 59715-7770, 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: Improvements Agreement-landscaping, parking lot striping, lot lighting electrical Pa e2
! Seven Commons Condominium -Improvement Agreement Zoning Application 214250 ! 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 Developers shall permit and secure any additional permission required to enable them to do so. 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. The 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. 7. Warranty The Developer shall warrant against defects in these improvements and that these improvements are made in a good and workman-like manner for a period of one year from the date of their written acceptance by the Governing Body. The Developer acknowledges that the required landscaping must be maintained in a healthy, growing condition at all times. The Developer is responsible for regular weeding, mowing of grass, irrigation, fertilizing, pruning, and other maintenance of all plantings as needed. Any plat that dies must be replaced with another living plant that complies with the approved landscaped plan. 8. Governing Law and Venue This Agreement shall be construed under and governed by 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. 9. Attorney's Fees Improvements Agreement-landscaping, parking lot striping, lot lighting electrical Pa e3
I Seven Commons Condominium -Improvement Agreement Zoning Application 214250 I 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, to include the salary and costs of in-house counsel including City Attorney. 10. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless agreed to in writing 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 constrned 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 of the City. 13. Successors Except as provided in paragraph 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. : ,, ' Improvements Agreement-landscaping, parking lot striping, lot lighting electrical Pa e 4
I Seven Commons Condominium -Improvement Agreement Zoning Application 214250 I STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this '2--1 day of MA '-f , 2016, before me, the undersigned, a Notary Public for the State of Montana, personally appeared J~ ~ , known to me to be the landowner that executed the within instrument, and acknowledged to me that he executed the same as (insert capacity) r~~ and on behalf of \/C. c::;.~~ .L LC.... . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (Printed ~ame)1 , • • ; \ ••• \.;, Notary Pu ·a.for the State·ofMontana ' I Residing at · · ·;.,. ,, · ' · · .· My Comriiission Ex· ~: _________ _ (Use four digits for expinl'kon year) Improvements Agreement-landscaping, parking lot striping, lot lighting electrical Pa e 5
i Seven Commons Condominium -Improvement Agreement Zoning Application 214250 i STATEOFMONTANA ) )ss. County of GALLA TIN ) Wendy Thomas Director of Community On this day L 7 -:-14-of tv'\, [}{ , 2016, 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 Director of Community Development 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 Notarial Seal the day and year first above written. (SEAL) .,<~r~~i~... ALICIA KENNEDY '"' ' 0~ NOT f "f", ~o::_R,~/,-.,.\ ,ARY PUBLIC for the ~ : SEAL I l STA"Tc OF MONTANA ,U1, •'("l R .d. \~· ·~! es, ing at Bozeman Montana '•,i'c,;,·M0J::;,•··' My Commission 8<pires ···~......... August 04, 2019 (Prmted Name Here) Notary Public for the State of Montana Residing at Bozeman My Commission Expires: '6-L(-:Z.0\9 (Use 4 )digits for expiration year) Improvements Agreement-landscaping, parking lot striping, lot lighting electrical Pa e 6
I Seven Commons Condominium -Improvement Agreement Zoning Application 214250 I BOZEMAN MT 59718 PROPOSAL# 1604 IPAGEl1 Phone: 406-587-5516 Fax: 406-587-0058 DATE 05/18/2016 DESC PARKING LOT LIGHTING CUSTOMER LAZY-E-BAR-9 CORPORATION LOC 3950, 3960, 3970 & 3980 VALLEY COMMONS C/0 scon HECK BOZEMAN MT 700 DELL PLACE CONTACT SCOTIHECK BOZEMAN MT 59715 PHONE 406-581-2121 ELECTRICAL METER PEDISTAL FOR PARKING LOT LIGHTS (METER LOCATED AT 3960 VALLEY COMMONS DR) 1,350.00 UNDERGROUND WIRE FOR LIGHT POLES 858.00 MISCELLANEOUS MATERIALS 600.00 LABOR 2,720.00 We Propose hereby to furnish material and labor· complete In accordance with these specifications for the sum of: $5,528.00 Five Thousand Five Hundred Twen!l' Eight Dollars And 00 Cents Payable as follows: AS BILLED Authorized Signature: · · .u. a.····················· · · · · · · Date: . s-:-j 1.&-}. ) .Sf' ....... Note: This Proposal may be wilhdrawn by us if not accepted within 30 Days All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written orders, end will become an extra charge over and above the estimate. Alt agreements contingent upon strikes, accidents or delays are beyond our control. Owner to carry fire, tornado, and olher necessary insurance. Our workers are fully covered by Workman's Compensalion Insurance. ACCEPTANCE OF PROPOSAL· The Prices, specifications and conditions are satisfactory and are hereby accapted. You are authorized to do lhe work as specified. Payment will be made as ouUined above. Signature: •.••.••••..••••.••••.•.••..••..•..•• , , . , • , , , · · • · , · • , • • • · , • • Date: ..••••.•••••.•••••.••• Exhibit A Improvements Agreement-landscaping, parking lot striping, lot lighting electrical Pa e7
!Seven Commons Condominium -Improvement Agreement May 1, 2016 Mr. Scott Heck 700 Dell Place Bozeman, Mt. 59715 1405 Hllle!da uno • (408) 5811-5171 Bozeman Montan1611716 Re; Landscape & Irrigation for Valley Commons #7 Dear Scott, Zoning Application 214250 I Below Is your total for the landscaping and sprinklers for VC#7. Should you or anyone Involved have any questions please don't hesitate to call. $29,932.00 Thanks for your time. (1,.,,::,.;(""..._, flm Lawson Exhibit B Improvements Agreement-landscaping, parking lot striping, lot lighting electrical Pa e 8
I Seven Commons Condominium -Improvement Agreement Mr. Scott Heck 700 Dell Place Bozeman, Mt. 59715 Re; Valley Commons #7 Dear Scott, 1406 Hlll•lde Lane• (406) 586-5171 Bozemal\ MOnla11a 59715 Please find below the pricing for the different aspects of your landscape. 10 Maple $175.00 each 14 Elm $175.00 each 3 Flowering crab $75.00 each 3 Flowering crab $190.00 each 11 Barberry $46.00 each 12 Grass $26.00 each 12 Spirea $30.00 each 9 Lilac $38.00 each 5 Boulders $200.00 each Edging $2. 75 per foot Fabric $.27 Gravel $42.00 yard Sod $.60 Seed $.20 Sprinklers $7610.00 Misc. and labor $3808.00 Please call me with any questions. Respectfully, Jim Lawson ~ Exhibit C Zoning Application 214250 I Improvements Agreement-landscaping, parking lot striping, lot lighting electrical Pa e9
I Seven Commons Condominium -Improvement Agreement Blaze Striping, LLC 409 Bridger View Dr. Belgrade, MT 59714 Tax ID 84-1408498 Phone# f8)(# 406-581-7361 406-388-8039 I I Description E-mail II blaincstulc@yahoo com Qly Application of emulsified asphalt seal coat to 29,700 square feet of pavcmt.nL Lay-out and striping of approximately 1,550 linear feet of 4" yellow slcipcs for P3Jking stall,. Painting of 4 x ADA standard handicap insigniu. Licensed Md Insured. Exhibit D Subtotal per estimates= $40,132.00 Date 5111/2016 Name I Address Lot 7 Valley Commons attn. Scott Heck 581-2121 sbl@700de11.com I Rate 29,700 0.14 1,550 0.28 4 20.00 I Total Total Amount Guaranteed (1.5 X estimate) -$60,198.00 Zoning Application 214250 I Estimate I Estimate# I 881 I Project I Total 4,158.00 434.00 80.00 $4,672.00 Improvements Agreement-landscaping, parking lot striping, lot lighting electrical Pa e 10
MT Planning MEMORANDUM TO: DEPARTMENT OF COMMUNITY DEVELOPMENT, ADMIN. STAFF FINANCE DIVISION, TREASURER /l -~I . -:--... I l'Y , FROM: f-/ I J (retc) {<t)'c} ttt9.tJ I n Cc rz 17 I cJ RE: 6e-ve_n Com rvtD05 Cone) 0 yv\; ni' (A WI Jrvw rOV€.-M-R (\ +s Aa r-e.UV\Q.fl+ SUNGARD PROJECT:_Z_-_1_4_[}_SD __________ _ ADDRESs:398::0/ 3970/ 39(o0;39:::0,r Ual!u Cornmons ()r(V'c:._ DATE: -:S-l.A.n~ d I Joe <o I GUARANTEE: CASH c@) BOND IDENTIFYING#: (o3(o8 GUARANTEE INSTITUTION: hrs+ --r-ndcrsfa.--le, 13cta I< INSTITUTION ADDRESS: r?Oc:3 Wes+ ma in Sfree_ + GUARANTOR: ScoH-He_cl<, Vt Sev-en !_LC. ' GUARANTOR ADDRESS: 7 {)0 De I I Pl Ct (-E:'._ TDD: 406-582-2301 THE MOST LIVABLE PLACE.