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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 i. Ina......... ovetinents Agreement f t 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