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Home My WebLink About16- Improvements Agreement - Shining Mountain Lutheran Church - Landscape and Irrigation Improvements Send Original to: City of Bozeman Department of Community Development P.O.Box 1230 PLATTE Bozeman,AIT 59771 2560936 Page: 1 of 7 10/17/2016 03:55:28 PM Fee $49.00 Charlotte Mills - Gallatin County, MT IMP 11111111111111 I 1111111111111111111111111111111111111111111111111 I 11111111111111111111 IMPROVEMENTS AGREEMENT FOR SHINING MOUNTAIN LUTHERAN CHURCH (LANDSCAPE & IRRIGATION IMPROVEMENTS) This AGREEMENT is made and entered into this / day of , 2016, by and between SHINING MOUNTAIN LUTHERAN CHURCH, 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 put-pose of the Developer to meet the conditions of Final Site Plan/COA approval, Planning Application No. Z-14176 to allow construction of a Church and associated site improvements on property located at 1710 Vaquero Parkway and legally described as Lot 9 Block 8 in The Crossing Phase II Subdivision,NE 1/4 of section 3,T2S, R5E, P.M.M. City of Bozeman, Gallatin County, Montana; and WHEREAS, it is the intent of the Developer to obtain occupancy of 1710 Vaquero Parkway; 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 Shining Mountain Lutheran Church 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 9 Block 8 in The Crossing Phase II Subdivision, NE 1/a of Section 3, T2S, R5E,P.M.M. City of Bozeman, 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 Landscaping and Irrigation improvements for Lot 9 Block 8 as provided in the approved Site Plan/COA approval, Planning Application No. Z- 14176 and provided estimate. The estimated cost of these improvements is attached as Exhibit A. The Estimated Cost of said improvements for Lot 9 Block 8 Landscape & Irrigation Improvements has been estimated by Cashman Nursery, at Thirty Seven Thousand, Nine Hundred and Sixty One Dollars and eighty six cents ($37,961.86). 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 1710 Vaquero Parkway prior to completion of all required site plan improvements. Therefore, this Agreement shall be secured by a Cashier's Check for an amount not to exceed$56,942.79 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. 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, 2 Shining Mountain Lutheran Church Landscape &Irrigation Improvements 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 Shining Mountain Lutheran Church 1710 Vaquero Parkway Bozeman MT 59718, 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. 7. Attorney Fees 3 Shining Mountain Lutheran Church Landscape &Irrigation Improvements Agreement 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. 13. Successors 4 Shining Mountain Lutheran Church Landscape&Irrigation Improvements Agreement 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 within 10 business days of the signature of the Community Development Director. DEVELOPER BY: Shining Mountain Lutheran Church STATE OF MONTANA ) :ss County of Gallatin ) On this l day of O(_ ) , 2016, before me, the undersigned, a Notary Public for the State of Montana, personally appeared UkCj L (IM ,known to me to be a faitM(I niof Shining Mountain Lutheran Church the entity that executed the within 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) r— .440 CAITLIN E ADAMS Printed Name Here ; Notary Public ( ) Q. ,o-rn8iq�.N for [he State of Montana Notary Public for the State of Montana Residing at: Residing at QfJZQ,MC1 "T *' SE,AL.- Bozeman, Montana g 9 :•...• t'•' c M�� M Commission 20 it s. My Commission Expires: ��-• is ' �°r (Use 4 digits for expiration year) 5 Shining Mountain Lutheran Church Landscape &Irrigation Improvements Agreement THE CITY OF BOZEMAN BY: COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On the day of r , 26, 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 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. (SEAL) A j"bKA~%0%~ Ila I r V E 14F.FiINE MAINES (Printed Name Here) Notary Public otary Public for the State of Montana ,v;Anrq� for the State of Montane peolding at: Residtnt SEAT. �; Belgrade, Montana My Commission +' Commission Expires: ofIAo"-o'' July g1 2o2. (Use 4 digits for expiration ye 6 Shining Mountain Lutheran Church Landscape&Irrigation Improvements Agreement �, EXHIBIT A Shining Mountain Lutheran Church Landscaping & Irrigation Construction Cost Estimate ITEM Estimated Estimated No. Improvements Quantity Unit Unit Price Total 100 Berms 1 LS $880.00 $880.00 101 Lawn-Seeded 32,860 SF $0.15 $4,929.00 102 Lawn- Native Seeded 38,940 SF $0.12 $4,672.80 103 Boulders 1 LS $1,430.00 $1,430.00 104 Planting Beds 58 YD $95.00 $5,510.00 105 Shrubs a. Buffalo Juniper 35 EA $37.00 $1,295.00 b. Welchi Juniper 5 EA $52.00 $260.00 c. Common Lilac 36 EA $19.90 $716.40 d. Serviceberry 6 EA $17.00 $102.00 e. Cotoneaster 47 EA $15.00 $705.00 f. Drawf Highbush Cranberry 20 EA $22.00 $440.00 g. Theresa Bugnet Rose 19 EA $16.00 $304.00 h. Isnati Dogwood 13 EA $16.00 $208.00 i. Emerald Carousel Barberry 18 EA $27.00 $486.00 106 Trees a. Colorado Spruce 7 EA $300.00 $2,100.00 b. Austrian Pine 5 EA $238.00 $1,190.00 c. Sugar Maple 2 EA $120.00 $240.00 d. Quaking Aspen 23 EA $78.00 $1,794.00 107 Tree&Shrub Planting 107 Irrigation a. Rotors and Spray Irrigation 33,382 SF $0.35 $11,683.70 Landscaping&Irrigation Estimated Subtotal $38,945.90 10% Discount on Shrubs and Trees from Cashman Nursery $984.04 Landscaping &Irrigation Estimated Total $37,961.86 150%of Estimated Construction Cost $56,942.79 Approved by City e K" Date: (Ulf 119 Shining Mtn Lutheran Church Estimated Construction Cost and Bonding Summary