HomeMy WebLinkAbout16- Improvements Agreement - Jam Fusion - Conditional Use Permit and Certificate of Appropriateness Application - Door and Kick Plate am Fusion CUP/COA Improvements #16-199
Inter-office original to:
City of Bozeman
Department of Planning&Community Development
20 East Olive Street
IMPROVEMENTS AGREEMENT
FOR THE JAM FUSION CONDITIONAL USE PERMIT AND
CERTIFICATE OF APPROPRIATENESS APPLICATION
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this day of December, 2016, by
and between Richard Harte, PO Box 6429, Bozeman, MT 59771 hereinafter called the "Owner,"
and Aaron Parker, 25 W. Main Street, Bozeman, MT 59715 hereinafter called the "Tenant" and
the City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the
C>Ty.
WHEREAS, it is the intent and purpose of the Owner and Tenant to meet the conditions
of approval of a Conditional Use Permit (CUP) and Certificate of Appropriateness (COA)
Application to allow renovations of the existing building and related site improvements on
property located at 25 West Main Street and legally described as Tracy 1st Add S07 T02S R06E
Block A, Lot 9, &27' W S Lot 8, City of Bozeman, Gallatin County Montana
WHEREAS, it is the intent of the Owner and Tenant to obtain final occupancy for the
building located at 25 West Main Street; and
WHEREAS, it is the intent and purpose of both the Owner and Tenant 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 Conditional Use Permit Application and Certificate of
Appropriateness.
NOW,THEREFORE,in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
Improvements Agreement Page 1
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/ #16 199
1. Property Description
This Agreement pertains to and includes those properties which are designated as B-3 on
the City of Bozeman Zoning Map,and identified as at 25 West Main Street and legWly described
as Tracy I'f Add, S07, T02S, R06E, Block A,Lot 9, & 27' W_S Lot 8, City of Bozeman, Gallatin
County,Montana.
2. Improvements
This Agreement specifically includes a panel folding door and metal kick 12late as provided in the
approved CUP and COA project number 16199 and provided estimate. The estimated cost of these
improvements is attached as Exhibit A.
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 Owner and Tenant are in compliance with this
Agreement, and the Owner and Tenant 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 for this Agreement. If the Owner and Tenant 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
rn rovements
p e:2
Jam Fus ion / p CUP COA Iin roveiniilts:
#16-199
the default is deposited in the United States mail addressed to the Owner at Richard Harte, PO Box
6429,Bozeman,MT_59771 and Tenant at Aaron Parker,25 W.Main Street,Bozeman,MT 59715
or such other address as the Owner and Tenant 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 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 Owner and Tenant 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 Owner and Tenant 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
Owner and Tenant. The Owner and Tenant is not an agent or employee of the City.
7. Warranty
The Owner and Tenant shall warrant against defects in these improvements for a period of one
year from the date of their written acceptance by the Governing Body. The Owner and Tenant
acknowledges that the required landscaping must be maintained in a healthy, growing condition at
all times. The Owner and Tenant is responsible for regular weeding, mowing of grass, irrigating,
fertilizing,pruning,and other maintenance of all plantings as needed. Any plant that dies must be
replaced with another living plant that complies with the approved landscape plan. The Owner and
Tenant hereby acknowledges that failure to maintain required landscaping in a healthy growing
condition at all times may result in revocation of the conditional use permit.
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am Fusion CUP/COAImprovements
S. 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
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 construed in all respects as if such invalid or
unenforceable provision were omitted.
12. No Assignment
It is expressly agreed that the Owner and Tenant shall not assign this Agreement in whole, or in
part, without prior written consent of the City.
13. Successors
Except as provided in paragraph 10,this Agreement shall be binding upon,enure to the benefit of,
and be enforceable by the parties hereto and their respective heirs, successors and assigns.
::....::: :.
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:c�Im to ements
Jam Fusion CUP/COA Improvements #16-199
LANDOWNER
Y�
Richard Harte , Owner
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this ,day of � - , 201 , before me the undersigned, a Notary
Public for the State of Montana, personally appeared known to me to be the
landowner that executed the within instrument, and whose name is subscribed to the within
instrument and acknowledged to me.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) (Printed name)
ANNA R DOUMA Notary Public the State of Montana
, o NOTARY PUBLIC for the Residing at State «+-
of Montana
SEAL - � :riding at My Commission Expires:
A. aP, '� c�i tan,Montana (Use four digits for expiration year)
''� yi�*•° my Cornmission Expires
August 15,2019
improvements Agreement Page 5
Jam Fusion CUP/COA Improvements #16-199
TENANT
i
By:
Aaron Parker ,Tenant
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this V day of � �— , 2016, before��e,the undersigned, a Notary
Public for the State of Montana, personally appeared 4a44,n known to me to be the
tenant that executed the within instrument, and whose name is subscribed to the within
instrument and acknowledged to me.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) (Printed name)
II1111I11j.'/ ANNA R DOUMA Notary Public for thS State of Montana
"
"a°p NOTARY PUBLIC for the Residing at jD
r?NolAR1q�9''=, gtite of Montana
SEAL Residing at My Commission Expires: g /5 / 9
E3oxeman,Montana (Use four digits for expiration year)
-Ay
Commission Expires
Y August 15,2019
Improvements Agreement Pa e 6
Jam Fusion CUP/COA Improvements #16-199
THE CIT OF BOZE AN
J G
in Matsen
Director City of Bozeman Community Development
STATE OF MONTANA)
:ss
County of GALLATIN
On this !Z day of 2016, before me, a Notary Public for the State of
Montana,personally appeared Martin Matsen,known to me to be the person described in and who
executed the foregoing instrument as Director of the City of Bozeman Department of Community
Development,whose name is subscribed to the within instrument and acknowledged to me that he
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. A" Rawl
Ja
ATHERINE MAINES (Prin e
Notary Public Notary Public o tate of Montana
ky. AR�gi.��,_for the State of Montana Residin at Bozeman
Residing at: g
.SEAL. �; Belgrade, Montana My Commission Expires.
9 P�' My Commission Expires: Use four digits for expiration ear
! ' OF� `', July 22,2020 g p year)
i
Improvements Agreement Page 7
Jam Fusion CUP/COA Improvements #16-199
EXHIBIT A
V
GLASS &
WINDORMIDENTIALWS
MEMIAL
20 Rawhide Ridge Bozeman,M r 59718
(406)5 8 6-05 91 1-8 88-6 26.OW1 F=(406)587-1532
rIDA)to#aI
PROPDSALSOBMITTED TO PHONE DATE
CS Structures-Levi 589:5611 8/3/16
STREET JOB NAME
JAM FUSION
CiTV,STATE and ZIP CODE JOB LOCA71ON
Bozeman
ARCHITECT DATE OF PLANS JOB PHONE
We herebyzubmit specifications and estimates for.
Valley Glass&Windows to Supply and Install the Following:
12'x 10'4 panel folding door,3 panel left one panel right(can be opposite)installed on job. Door to
be bronze anodized glazed with clear solarban 60 low a glass. Standard hardware.
Installed $17,940.00
Excludes Cleaning,caulking at interior,demo,protection,tax and permits.
Authorized &Agg--a+=a
Signature:
ABmatedal is guaranteed to be as specified.Aflwork to be complotedlnawakrrenft Note:this proposal may be
manner awadingtostandard prackes.Anyalterallon urdaHatlau ban shore specillcetbns
16WMng extra cents wrl be eneaded only upon wrioun orders and atl become anent withdrawn by us If not accepted within 130)days.
charge over end above the estlmale. Plegreemems contNgent upon sb0a:4 aWdenis
a delays balmd our conboL Oaner to wary Toe,tornado and other neoessary
lnsutome,
Our wodtna are fully wrared by Walanank Compensa0m Insurance.
0(ttf0t4l[t9OlVrOpOffal The above prfces specifications
and conditions are satisfactory and are hereby accepted.You are
authorizedtodo the work asspecilied.Paymentwillbemadeas Signature
outfinedatlove.
Signature
DatO of Acceptance:
Improvements Agreement Pa e 8
Jam Fusion CUP/COA Improvements #16-199
Coco Douma
From: aaron parker<aaronparker5@idoud.com>
Sent: Monday,December 05,2016 3:05 PM
To: Coco Douma
Subject: Fwd:quote
----This email originated from an external sender.----
Sent from my Whone
Begin forwarded message:
From:cameron marcoux<cameron0montanametalart.com>
Date:December 5,2016 at 12:26:21 PM MST
To:aaron parker<aaronparker5C&icloud.com>
Subject:quote
15 lineal feet of kick plate raw steel.
975.00 installed.
Let me know)
Cam
Wf Mee ffi-0/wellAMCETO,NA/rmFR.S2"Gmpas/ON"
MONTANA ( METAL ART CO.
111.1l t.0/Oe MawiaN lYlr�t�}t.50�
Cameron ma"OUX
rmident(anin
242 durstun Ed
Unita
130"—n,tm 597 is
IA06-591-5683
ww w.muntan a maa I an,cvm
1
Total Amount per estimates= $18,915.00
Total Amount guaranteed= $28,372.50
improvements Areement Pa e 9