HomeMy WebLinkAbout16- Improvements Agreement - F Squared Development LLC - Vlaanderen Condominiums Site Plan Application n er VI a d en Condominiums Si 1 . „ ;':`; r: :.:+i; ;':`:i`f:': :;:,":;;
a te.I'.an: .. .....:...................................:..... #Z-15089
Inter-office original to:
City of Bozeman
Department of Planning&Community Development
20 Last Olive Street
IMPROVEMENTS AGREEMENT
FOR THE VLAANDEREN CONDOMINIUMS SITE PLAN APPLICATION
BOZEMAN,MONTANA
THIS AGREEMENT is made and entered into this 27th day of December, 2016, by and
between F Squared Development LLC 4725 River Road Bozeman MT 59718 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 Owner to meet the conditions of approval
of a Site Plan Application to allow the construction of a residential building and related site
improvements on property located at 4348_Glenwood Drive and legally described as Vlaanderen
Condo, SO4, T02 S, R05 E, FIanders Creek Sub Lot I Blk I Plat J-434 Plus„Open Space Condo
Master, City of Bozeman, Gallatin County, Montana.
WHEREAS,it is the intent of the Owner to obtain final occupancy for the buildinglo cated
at 4348 Glenwood Drive; and
WHEREAS, it is the intent and purpose of both the Owner 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
s
herein, it is hereby agreed as follows:
1. Property Description r
N
This Agreement pertains to and includes those properties which are designated as R-3 on
a
the City of Bozeman Zoning Map, and identified as 4348 Glenwood Drive and legally described
m tovement .: reement .........::::'.::;..::......:::.. ......
4
Ylaanderen Condominiu*Ms Site Plan' #Z;150S9
as Vlaanderen Condo, SO4, T02 S, R05 E, Flanders Creek Sub Lot 1 Blk 1 Plat J-434 Plus Open
Space Condo Master, City of Bozeman., Gallatin County,Montana.
2. Improvements
This Agreement specifically includes a fire gate and landscaping and irrigation improvements as
provided in the approved Site Plan Application #Z-15089 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 is in compliance with this Agreement, and the
Owner 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 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 owner at F Squared Development
LLC,4725 River Road,Bozeman,MT 59718 and or such other address as the Owner 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 tovements Bement::::<:'
aanderen Condo muini .ms. .Sito Pi an t.: ' i s: ;':: " ::' `'..::#Z=
V115089.,
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 Owners 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.
b. Indemnification
The Owner 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 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. The Owner
is not an agent or employee of the City.
7. Warranty
The Owner 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 acknowledges that the
required landscaping must be maintained in a healthy, growing condition at all times. The Owner
is responsible for regular weeding, snowing 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 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
f
the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District
i
S
Court, Gallatin County, State of Montana.
9. Attorney's Fees
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Ina.........
ovetinents Agreement
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a
Vlaanderen Con omini ms Site Plan
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 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: Bement _:::.Pa e..4:
Vlaanderen Condominiums Site Plan # Z-15089
LANDOWNER
vwa4tA
By:
F Squared LLC , Owner
(On behalf of (Capacity)
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this "1 day of UTAr!� , 2a , before mg,the undersigned, a Notary
Public for the State of Montana,personally appeared �IV- mQ known to me to be the
landowner that executed the within instrument, and ackno dged to me that he executed the
same as (insert capacity) I 113W and on behalf of F Squared LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) rented ntat
Notarr the State of Montana
KATHERINE MAINES Residing
Notary Public
01AR1,4Z for the state of Montana My Commission Expires:
- _._ Residing at: (Use four digits for expiration year)
.SEAL Belgrade, Montana
9 �.,' My Commission Expires:
>�OF Mo�1' July 22,2020
Improvements Agreement Page 5
Vlaanderen Condominiums Site Plan #Z-15089
THE CIT OF BOZEMAN
Mat rn Matsen
Director City of Bozeman Community Development
STATE OF MONTANA)
:ss
County of GALLATIN )
C I�'
On this day of 1 ��Q� , 2016, before me, a Notary Public for the State of
Montana,personally appeared Martin Wtsen,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 hereunt se my hand and affixed my Notarial Seal the
day and year first above written. ,
Q0,UU
(SEAL) (Pr in e)
Notary Public br e State of Montana
Residing at Bozeman
My Commission Expires:
(Use four digits for expiration year)
NE y KATH HINE MAIN198
y .' Notary Public
e�'NOTARjg am
4,m:for the state of Montana
* SEAL * Residing at-
.' Montana
MOI MY Commission Expires:
July 22, 2020
Improvements Agreement Page 6
Vlaanderen.Condominiums Site Plan;:;: t: :;...:;.: : ::>: i': : : ':>: :: :'.;;;::;:;;::: Z-15089;
EXHIBIT A
Morrison Design&Landscaping,Inc.
3173 Foxtail St Estimate
MbRR1SON Bozeman,MT 59718 Date Estimate
DES,6N 6 LAWS«mNO Phone: 406.587.3262
Fax: 406.587.0264 11/22/2016 2248
Name/Address
BDI-Vlaanderen Condominiums
67 Rodeo Court
Bozeman
582.0804 581.3367
solsenmt(@gma il.com
Description Oty Cost Total
isanti Dogwood 2ga1 8 27.00 216.00
Alpine Currant 2ga1 3 26,00 78.00
Abbotswood PotentMa 2gal 12 24.00 288.00
Goldflame Spires 2Wd S 24.00 192.00
Dwarf Korean Lilac 20 24.00 48.00
Pine,Mugho 2gal 1 33.00 33.00
Juniper,Andom Sga1 3 62.00 186.00
Northwood t.5" 5 160.00 800.00
Pine,Austrian 8' 3 280.00 840.00
Radiant Crabapple 1.5" 2 150.00 300.00
Feather Reedgrdss'Karl Forester"l gal 5 11.00 55.00
Black Vinyl edging,per foot 100 1.00 100.00
River Rock,per yard 12 30.00 360.00
Landscape Weedmat I 165.00 165.00
Tree Stake Kits 20 7.00 140.00
Sod,per square foot 5,900 0.18 1,062.00
Sprinkler System-Ra irlbird System,includes: 1 5,235.00 5,235.00
head to head coverage
Plumb out from crawl space
Rain Bird Control Clock
-PVB-water back flow preventer
1 year parts&labor wan sty
I art year winterization Ree
Bobcat Labor,per hour 15 60.00 900.00
Foreman Labor,per hour 45 40.00 1,800.00
General Labor,per hour 115 35.00 4,025.00
Total $16,s23 00
Customer Signature
.
Inn to eillell .................. : ?....
v is t...........................
Vlaanderen Condominiums Site Plan #Z-15089>
and Fabrt° .
01
Date:January 28th 2016
{ To:Shawn @ BDI
i Regarding: Fire gate
i,.. ... ......
The following is a brake down for this job
Coating Detail Y Item Quantity Price
Two tube steel gates per detail supplyed
shop Primer Two tube steel gate posts per detail $1,675.00
TOTAL PRICE: $ 1,675.00
NOTES:
No install or signage included in this bid.
Respectively Submitted,
1EREMIAH R.HULER
Welding&Machine Inc,
(406�586-1934 Phone
(4061 586-5371 Fax
weldi ng@)m onta nadsl,net
Total Amount per estimates= $18,498.00
Total Amount guaranteed= $27,747.00
Improvements Agreement Pa a i8