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HomeMy WebLinkAbout17- Improvements Agreement - Pure Property LLC - Marathon Seat Cover Site Plan Application 1604 a a M i.t:[io.:...nSeat. Cox......e is:Sife:Plan::..;°:. .::.:.:..°;:`:: Inter-of&ce original to: City of Bozeman Department of Planning&Community Development 20 Bast Olive Street IMPROVEMENTS AGREEMENT FOR THE MARATHON SEAT COVER SITE PLAN APPLICATION BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this 23th day of January, 2017, by and 1 between Pure Property LLC 1624 West Beall Street, Bozeman, MT 59715 hereinafter called the "Owner," 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 approval of a Site Plan Application to allow renovations of the existing building and related site improvements on property located at 1624 West Beall Street and legally described as Kirk 2nd Subdivision,Lot 3, Block 3, Sec. 12, 72S,R5E, City of Bozeman,Gallatin County, Montana. WHEREAS, it is the intent of the Developer to obtain final occupancy for the building located at 1624 West Beall 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, Property Description v This Agreement pertains to and includes those properties which are designated as B-2 on t the City of Bozeman Zoning Map, and identified as 1624 West Beall Street and legally described as Kirk 2"d Subdivision, Lot 3, Block 3, Sec. 12, T2S, R5E, Cites of Bozeman, Gallatin Counter �f. 4 royements Ag&ement 775iM IE js n J e y T, 4 Co Covers Site Plan 16044'Marathon Seat v # Montana. 2. Improvements This Agreement specifically includes landscaping improvements as provided in the approved Site Plan Application #16044 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 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 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 Pure Property LLC 1624 West Beall Street Bozeman MT 59715 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: Im rovements reement Marathon Seat Covers Site I lan`::: #16 044 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 3 The Developer 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 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,irrigating,fertilizing,pruning,and i 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 Developer 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. 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. i 9. Attorney's Fees Marathon Seat Covers Site Plan #16044 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 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 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. Improvements Agreement Page 4 Marathon Seat Covers Site Plan # 16044 LANDOWNER By: Pure Property LLC , Owner (On behalf o)q (Capacity) STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this-3 day of ,_Wk10,r , 201 , efore m;In the undersigned, a Notary Public for the State of Montana,perso lly appeared ,known to me to be the landowner that executed the within instrument, and acknowledged to me that he executed the same as (insert capacity) Q`UQ U V' and on behalf of Pure Property. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ( inted name) KATHERINE MAINES Notar Public for the State of Montana notary Public Residing at for the state of P lontana My Commission Expires: ,--. Residing at: (Use four digits for expiration yeas`-- A. SEAL Belgrade,Belgrade, Montana '-9P< My Commission Expires: of Mo „ M July 22, 2020 Improvements Agreeiuent Pa e 5 Marathon Seat Covers Site Plan #16044 THE CIT F BOZ MAN in Matse Director City of Bozeman Community Development STATE OF MONTANA) :ss County of GALLATIN ) On this 'Z3 day of layioa , 2017, before me, a Notary Public for the State of Montana,personally appeared Martin Mfitsen,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. PA- I�PiUTAA i9S(nl�et,� YY1. ��y�v kO� (S _EY M KOENIG (Printed n e) Z .• 2',, Notary Public for the State of Montana Notary Public for the State of Montana Residing at: Residing at Bozeman N.SL AL._ Belgrade, Montana MY Commission Expires: My Commission Expires: p ",,OF August 15,201 (Use four digits for expiration year) Improvements Agreement Page 6 Marathon Seat Covers Site Plan :: #16044 < EXHIBIT A DOVETAIL CONSTRUCTION INC. DATE: 01/06/17 CLIENT.MARATHON SEAT COVERS OESCRIPTI(W.1A FORM DETAILED ESTIMATE FOR REEIAING IMPROVEMENTS IN SPRWG 2017 LOCATK)N 1624W.BEALLST BOZEMAN.IAT ARCHITECT:JOS ARCHsTECTS.INC. -NGNEERING:S7E ENGINEERS EST NO:1 OTY.BY.TW R PRICING BY:TWR ESTIMATE BASED ON:OUTSTANDING SITEW ORK AND PAVING RAPROVE)AEN1 S AS OF 1 6 17 CODE IDESCRIpnom OTY UNIT UNIT PRICE AMOUNT 01000 GENERAL COD O 01012.0 PROJECT SUPERINTENDENT 20 HOURS 60.00 $1200AD 21121.0 10mcr TRAILER MOB IDEMOB 1 MAN DAY 45D.00 $450.00 01262.5 IFINALCLEANUP 1 EACH 5DD.00 $500.00 01310.0 TEMPORARY TOILETS 0.5 MONTHS 120.00 560.00 '.. TOTAL DIV 01000 GENERAL CONDITIONS S2 210.01) 02000 SITEWORK 02050.S DEMOLITION ASPHALT LOT AND CONCRETE PADS REMOVAL;HAUL OFFI 1 QUOTE 5,629.00 $5R29.00 02260.5 FINE GRADING FOR PAVING PREP FOR ASPHALT AND EXTERIOR PADS 1 OWTE 4,017.00 $4,917.00 0249D.S LANDSCAPING&IRRIGATION(PER PLAN) 1 QUOTE 24,540.00 $24.540.00 02500.S ASPHALT PAVING(NEW WHOT MIX MD SEALER WHERE SPECS) 1 OUOTE 20462.78 $20.462.78 02510.8 CURB AND GUTTER 414 LF 19.00 S7.06A.00 02520.S EXTRUDED CURBS(S"STANDUP) 200 LF UO $3,328.00 02530.S TRAFM STRIPING 9 SIGNAGE i QUOTE 2D0.00 S250.00 D2540.8 CONCRETE WHEEL STOPS 6 EA 150.00 $1,200.00 TOTAL DIV 02000 SITEWORK 1 $6&392.76 0300D CONCRETE 03330-S 1SIOEWALKS 4"THICK WITH EXPANSION) 237 QUOTE(SV) 5.50 ;I a03.60 033305 DRIVEWAY APPROACH 6-THtC 364 QUOTE(SF) 1.50 $2,730.DO TOTAL DIY 03000 CONCRETE 64.033.50 04000 MASONRY 04400S IMASONRY 0 NONE 000 $0.D0 TOTAL DIV 04000 MASONRY $0.00 05000 STEEL OSIOO.M STEEL 0 NONE O.00 50.00 TOTAL DIV 0S000 STEEL 10.00 51000 CARPENTRY 06100.E CARPENTRY(PRIVACY WALL&SATE) 1 EACH 1,500A0 $1.500.00 TOTAL DIV 08000 CARPENTRY $1.500,00 WOOD INSULATION I MOISTURE PROTECTION 071W.5 iTHEFIMAL MOISTURE PROTECTION 01 NONE 0.00 10.00 TOTAL DIV 074)001NSULATIOIUMOISTURE PROTECTNNI $0.00 0S000 DOORS I FRAMES/HDWR 081 OO.M IDOORS B WINDOWS(PRIVACY GATE) 1 OUOTE(EA) 40000 $400 DO TOTAL ON 08000 DOORSIFRAMES'HAROWARE S400.00 G9000 FINISHES 001005 IFINISHES 0 NONE 0.00 SOLD TOTAL DIV D9000 FINISHES $0.00 10000 SPECIALTIES 10100.5 SPECIALTIES O NONE OOD $0.00 TOTAL DIV 1D000 SPECIALTIES SOAO 11000 EQUIPMENT 11160.M EQUIPMENT 0 NONE 0.00 KOO TOTAL DIV 1T000 EQUIPMENT $0.00 IMD FURNISHINGS 12100.5 IFURNiSHINGS 0 NONE 0.00 S0.00 TOTAL DIV 12090 FURNISHINGS $0.00 1 SODD SPECIAL CONSTRUCTION 13DO0.S ISPFCIAL CONSTRUCTION 0 NONE D00 0A0 TOTAL DIV 13000 SPECIAL CONSTRUCTION $OAO 'a improvements Agreement Ea e 7 1 0 x 0 g d 0 Marathon Seat Covers Site Plan #16044 DOVETAIL CONSTRUCTION INC. DATE: 01/06/17 CLIENT:MARATHON SEAT COVERS DESCRIPTION:IA FORM DETAILED ESTIMATE FOR REMAINS IMPROVEMENTS IN SPRING 2017 LOCATION:1624 W.BEALL ST B07EMAN,MT ARCHITECT:JOS ARCHITECTS,INC. _NGWEERING:STE ENGINEERS EST NO:i OTY,BY:TWR PRICINGBY:TWR ESTIMATE BASED ON:OUTSTANDING SITEWORK AND PAVING IMPROVEMENTS AS OF 1.6.11 CODE DESCRIPTION OTY UNIT UNIT PRICE AMOUNT 14000 CONVEYING SYSTEMS f4200.5 ICONVEYING SYSTEMS 0 NONE 0.00 $0.00 TOTAL DIV 14000 CONVEYING SYSTEMS $0.00 15000 MECHANICAL 15400.S MECHANICAL 0 NONE 0.00 $0.00 TOTAL DIV 15000 MECHANICAL $0.00 16000 ELECTRICAL WY 16000.5 ELECTRICALI I NONE 0.00 $0.00 TOTAL DIV 1600D ELECTRICAL $0.00 DOVETAIL CONSTRUCTION INC. DATE: 01/06117 CLIENT:MARATHON SEAT COVERS DESCRIPTION',FA FORM DETAILED ESTIMATE FOR RFMAING IMPROVEMENTS IN SPRING 2017 LOCATION:1624 W.BEALL ST BOZEMAN,MT ARCHITECT:JOS ARCHITECTS,INC. NGINEERING:STE ENGINEERS EST NO:1 OTY.BY:TWR PRICING BY:TWR ESTIMATE BASED ON:OUTSTANDING SfTEWORK AND PAVING IMPROVEMENTS AS OF 1.6-17 CODE DESCRIPTION CITY UNIT UNITPRICE AMOUNT SUMMARY BY OIVIS O AMOUNT 01000 GENERAL CONDITIONS $2,210.00 02000 SITEWORK $68,392,78 03000 CONCRETE $4.033.60 04000 MASONRY S0.00 05000 STEEL $0.00 C6000 CARPENTRY S71500= 07000 THERMAUMOISTURE PROTECTION $0.00 _00000 DOOFIVFRAMESJHARDWARE $400,00 09000 FINISHES $0.00 10000 SPECIALTIES $0.00 11000 EOUIPMENT $0.00 12000 FURNISHINGS $0.00 13000 SPECIAL CONSTRUCTION $0.00 14000 CONVEYING SYSTEMS $D,00 15000 MECHANICAL $0.00 16000 ELECTRICAL $0.00 SUBTOTAL $76,630.28 DiVlson01 SubtolalGC's $2,210,00 Divison02 Subtalal Site 968,392-78 DIVIsIonS 03-16 Subtolal BuildIT19 S5.933.50 SUbt01a1 $76,536.28 Builder Canting en 0 PERCENT $0.00 Builder Fee 10 PERCENT S7,653.63 TOTAL RFMAING IMPROVEMENTS COST $84 169.91 Total Amount per estimates= $84,189.91 Total Amount guaranteed= $126,284.87 Improvements Agreement BOZEMAN MT Planning MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: DEPARTMENT OF COMMUNITY DEVELOPMENT,ADMIN, STAFF FINANCE DIVISION,TREASURER FROM AnjmQ 1 - RE: ( ra keno ll a L `D vtr SUNGARD PROJECT: (o 0-ly ADDRESS: I )ay lye5 Qu // (5� eel DATE:_ �/a y 7 i GUARANTEE: CASH faC BOND IDENTIFYING #: I M DSO ID GUARANTEE INSTITUTION, Puce-e. 1 co( )ecA T I 3 INSTITUTION ADDRESS: 1(oay WQ�� lea �� ,Sfre2 f .��zervtan S9 7�S e I GUARANTOR: r(Y.S-(- S Curl�� 8c(n K GUARANTOR ADDRESS: e-as� %YIG� , f3a7erliun 59 7 2/ x t I y i 6 i E 9 ® 0 • + • a$ 1 v ®o a a TDD: 406-582-2301 THE MOST LIVABLE PLACE.