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Home My WebLink About07- Sandpiper Condos Site Plan Improvement Agreement Inter-office Original to: City of Bozeman Planning Department 20 East Olive Street /r.s~ TTED JJ 1111111111111111111111111111111111111111111111111111111 ~~,3~t;??, Charlotte Mills-Gal!~tin C~_.MTMISC 35.00 IMPROVEMENTS AGREEMENT FOR SANDPIPER CONDOS SITE PLAN BOZEMAN, MONTANA THIS AGREEMENT is made and entered into this /'3#- day of ,2007, by and between Stuart :Mill Properties. LLC 3309 Sundancc Drive. Bozeman, MT 59715, reinafter called the "Developer," 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 the Sandpiper Condos Site Plan Application (#Z-06235) to allow the construction of three duplex and one triplex condominium units (for a total of nine units) on property located at Lot 1. Block 1. Cattail Creek Subdivision. Phase 1. City of Bozeman. Gallatin County. Montana. WHEREAS, it is the intent of the Developer to obtain temporary occupancy; 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 Planned lhit Development Application. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated as R-3 (Residential Medium Density District) on the City of Bozeman Zoning Map, and legally identified as Lot 1. Block 1. Cattail Creek Subdivision Phase I. City of Bozeman. Gallatin Count;y. Montana.. I Sandpiper Condos Improvements Agreement ') Page 11 1111111111111111111111111111111111111111111111111111111 ~~~3~(~?~p 2. Improvements Charlotte Mills-Gallatin Co MTMISC 35.00 ____on____ This Agreement specifically includes landscaping and irrigation as approved in the Sandpiper Condos Site Plan Application #Z-06235. The estimated cost of these improvements is attached as Exhibit A. 3. Financial Guarantee, Time for Completion ofImprovements If the use of the stmcture 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 vithin nine (9) months of occupancy in order to avoid default on the mernod 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 3309 Sundance Drive. 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: 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 pennission required to enable them to do so. B) The City may enforce any other remedy previded 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 Sandpiper Condos Improvements Agreement Page 21 1111111 "III 11111111111111111111" 11111 11111111 1111 I11I ~~~~;4;??, Ch~!:_lct~e__Mi!..!~-Gallati" Co _~TMISC 3511)11) 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 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 mus t be main tained in a heal thy, growing condition at all times. The Developer 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. 8. Governing Law and Venlle This Agreement shall be construed under and governed by the laws of dIe State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Mon tana. 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 j\greement, 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 to, 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. er Condos 1m rovements A reement Pa e3 111111111111111111111111111 111111111111 111111111111 1111 ~:~,~~;4;?~p Charlotte Mills-Gallatin Co MTMISC 35.00 CORPORATION STATE OF MONTANA ss. County of Gallatin ) ..f'" On this I S day of T Lt (../ , 2007, before me, the undersigned, a Notary Public for the State of Montana, personally appeafed Todd Hough, known to me to be the manager of Shlart :Mill Properties, LLC, the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation. IN 'J(;'ITNESS 'J(;'HEREOr, I have hereunto set my hand and affixed my Notaria ' first above written. (Seal) \\\\\\1111/'1/1111 . 'So,\'\\\...J KEN,.!llij/. ~ ~~' 'v~. ~ ~<<.: 00 0 '/~ ~ 0 0,. ~ ~<Q 0 0 ~ !~ o:'\OTARI ..~% :: - 0 \' -1(, 0 0 ::: = ~ 0 _,_ 0 m ::: ~*: SJi'AT :2:2 ;,~. L4U., 0 *~ ~_.. .o~S' ~"^.'" . ~ ~ ~ ~ (" '... t ~~ ~ iftllll. Op. MO~~'~ ~IIIIJIIJIII\I\"\\'\ L4 Andrew C. Epple Director of Planning & Community Development STATE or MONTANA) :ss County of GALLATIN ) . t~ -\,. \ On this day \ "3 of '.l \...\.. \ '-\--,2007, before me, a Notary Public for the State of Montana, personally appeared Andrew C. Epple, known to me to be the person described in and who executed the foregoing instrument as Director of Planning Community Development 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 \VITNESS WHEREOFj I have hereunto set my hand and affi,lxed~m Notarial Seal the day and year .',\\\1111 '1/1 ~ ~ first above wntten. .<:f;\~. E H II//III~ ~,. ,$-' ~\:o'. o~&.>-~___~~~__ ' ~ ~ n.. . 0 ./ ~ .__ &J n ~ '~a - (<\~ "' '-:t- (SE@i!:~O\ ARIAL o. ~ Notary Public for the State of Montana = . -.- . *" R"idingat ~ 'p ~ ~ * 0.. SEAL:o ~ € My Com~ission ~p~es; . ~) l..{, rl.()O~ % \P~o . . . # ~ (Use four digits for expiration year) \ ~ -<I). 0 . . . . 0 ^ ~ ~II 'e: OF v.O~,~,,, III \\\\ er Condos 1m rovements A reement Pa e 4 . ..t ,.. Exhibit A 1111111111111111111111111111111111111111111111111111111 ~~1~f;??p Charlotte Mills-Gallatin Co MTMISC 35,00 ITEM NUMBER UNIT COST PER UNIT TOTAL Landscaping & Irrigation $18,449.00 Irrigation $7,119.00 .. . -. - - TOTAL $25,568.00 x 1.S TOTAL GUARANTEE $38,352.00 I Sandpiper Condos Improvements Agreement Page 51