The URL can be used to link to this page

Home My WebLink About11- Amerco Real Estate Co. and UHaul Real Estate Company and NSURB Agreement for Sidewalk and Landscaping improvements funding at 815 N. 7th Ave.AGREEMENT BETWEEN AMERCO REAL ESTATE COMPANY AND UHAUL REAL ESTATE COMPANY AND NSURB FOR SIDEWALK AND LANDSCAPING IMPROVEMENTS FUNDING AT 815 N. 7"' AVENUE This Development Agreement is executed by and between UHAUL (also known as Anierco Real Estate Company and Uhaul Real Estate Company), property owner of 815 N, 7"' Avenue, Bozeman, Montana 59715, hereinafter referred to as "UTTAUL", the City of Bozeman, hereinafter referred to as "City" and the N. 7"' Urban Renewal Board, hereafter referred to as the "NSURB". WITNESSETH: WHEREAS the City Commission did approve a budget amendment to the NSURB FY12 Annual Work Plan and Budget on September 26, 2011 to allow NSURB to reimburse UHAUL for work in the public right of way; and WHEREAS, UHAUL is the owner of the property located at 815 N, 7"' Avenue and said property is located within the boundary of NSURD; and WHEREAS, UHAUL plans to install front yard landscaping, provide public access easement for new sidewalk, construct sidewalk and install boulevard landscaping improvements per Planning file number Z -11267 at this address (hereinafter referred to as the "Project"); and WHEREAS, NSURB has detennined that the lesser of and not to exceed 65% or $50,000, of the project costs, and only those costs located in the public right of way, may be reiiri; ursable if completed, inspected and deemed acceptable to the City staff, and WHEREAS, UHAUL shall execute this agreement and secure approval of all necessary pen-nits and easements prior to proceeding with any work within the public right of way; and NOW, THEREFORE, for and in consideration of the promises and agreements contained herein, the parties do mutually stipulate and agree as follows: Article I. UHAUL .Res ponsibilifies Section 1. UHAUL shall execute this agreement and secure approval of all necessary permits and easements prior to proceeding with any work within the public right of way. UHAUL agrees to undertake frontage and landscaping improvements of the commercial property at 815 N, 7"' Avenue, legally described as T2S, R5E, Section 1, Durston 2`1 Subdivision, lots 1-4, & Southern 20 feet lot 5, AND Northern 40 feet of Lot 5, Lot 6 and Southern 35 feet of Lot 7, Block 2, City of Bozeman, Gallatin County, Montana pursuant to the Project as described in Sketch Plan application ##Z -11267 received and approved by the Bozeman Department of Planning and Community Development, a copy of which is on file at the City offices and incorporated herein by reference, UHAUL certifies that the representations, statements, and other matters contained in the application are true and complete in all material respects as of the date of submission. Section 2, Documentation of the costs for the work completed shall be provided and UHAUL's portion shall be separated from the NSURB (public) portion. Itemized invoices shall be provided. Agreement beiween The CITY, NSLJRB and UHAUL Page 1 Section 3. UHAUL agrees to construct the Project in accordance with the Project proposal (Sketch Plan#Z-11267) and application as presented to and approved by the NSURB and in accordance with all applicable ordinances, regulations and codes. Further,APPLICANT agrees to obtain all other permits, approvals, and licenses as may be required by local, state or federal law, ordinance, or regulation. Section 4. UIIAUI. agrees to undertake the Project using only contractors and subcontractors who are licensed and bonded to do business in the City of Bozeman. Section 5. UHAUL will ensure that the contract(s) will be awarded in an appropriate manner that will not encourage favoritism or bias nor substantially diminish competition,by conducting the process in such a manner that only qualified contractors will be eligible, and that the award will be based upon experience and expertise of the applicants. Section 6. UHAUL agrees that the reimbursement shall not be paid until project completion including landscaping installation.. In addition, APPLICANT agrees to complete construction of the Project by December-31,2011, in accordance with the plans and materials submitted within the Sketch Plan application#Z-1.1267 pursuant to the aforementioned design plan as presented to the NSURB and the City. In addition, UHAUL agrees that any incomplete landscaping improvements must be financially guaranteed as outlined by an Improvements Agreement with the City of Bozeman and must be installed by June 15,2012 or by the due date specified by the Improvements Agreement, whichever comes first, In addition, UHAUL agrees that they may not use the granted reimbursement as financial guarantee for any outstanding site improvements for which the Improvements Agreement is entered. Section 7. UHAUL agrees to indenuaify and hold NSURB and the City of Bozeman harmless from any and all legal liability, claims or actions resulting from any occurrence arising out of, or related to, the Project including,but not limited to,hazardous materials contamination of the air, soil, or groundwater. Hazardous materials shall include asbestos, petroleum products, and any other material or chemical that has been found to be hazardous to humans, animals, or plants by the State of Montana or the United States Environmental Protection Agency, Section 8. UHAUL will not discriminate in employment or provision of services on the basis of race, color,religion, creed,.political'ideas, sex, age, marital status,national origin, or actual or perceived sexual orientation,gender identity, or disability. UHAUL shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder, UHAUL agrees this requirement shall apply to the hiring and treatment of UHAUL's employees and to all subcontracts.. Section 9. Upon completion of Project construction, UHAUL shall timely provide the NSURB with copies of paid invoices for.labor and materials used on the Project. In addition, UHAUL shall inspect and approve the work and notify the NSURB by submitting a letter requesting the funds which states that the project is satisfactorily completed and compliant with all terms and conditions of the agreement. Agreement between The CITY,NSURB and IJHALJI. rage 2 Article 11. General Conditions Section 1. This Agreement may be amended in writing if any of the conditions herein stated are altered, subject to the review and written approval of all parties hereto. Section 2. The project must undergo and pass all required and necessary inspections by the City of Bozeman and any other applicable federal, state and local agency in addition to any other inspections required by law to be completed prior to completion of the Project and before the reimbursement is dispersed. Section 3. The NSURB and the City of Bozeman shall have no civil liability whatsoever for any of UHAUL's actions, omissions, oi-undertakings related to this project. UHAUL accepts and agrees C, to be responsible to ensure all contractor or sub-contractors have adequate liability, workers compensation, and property insurance for any work performed on the Project. Section 4. This Agreement is executed in two (2) identical original copies. IN WITNESS WHEREOF,the undersigned representatives of the participating parties have hereunto executed this Agreement. UHAUL NSURB Amerco Real Estate Company N. 7T"AVENUE URBAN RENEWAL BOARD UhaLI1 Real Estate Company Phili"anley,Marketing(iwesident,Utiau] Co. ofID/MT'---M��TeeWolfe,WSUA Board Chairperson CITY OF BOZEMAN /I I Chris Kukulski, City Manager ,Agree mentbetween The CITY,NSURB and UKAUL Page 3 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. STATE OF MONTANA ) ) ss. County of Gallatin ) On this day of \''1 A�&f' 2011, before me the undersigned, a Notary Public for the State of Montana,personally appeared PHILIP DANLEY,Marketing President,Uhaul Co. of ID/MT, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,the day and year first above written. ...... AL (Seal) -s (Signature) zz �wf - MAL (p, . (Print Name) Notary Public for the State of Montana OF ItAo )��- w,C2 yy-,O-Y-\ Residing at My commission expires STATE OF MONTANA ) ss. County of Gallatin On this day of 2011, before me the undersigned, a Notary Public for the State of Montana, personally appeared MICHELLE WOLFE known to one to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. N (Seal) E E (Signature) z (Print Name) TM : Notary Public for the State of Montana SFAL '* Residing at C OF My commission expires Agreement between The CITY,NSURB and UEAUL Page 4 STATE OF MONTANA ) ) ss. County of Gallatin Oil this 16 day of 2011,before me the undersigned, a Notary Public for the State of Montana,personally appeared CHRIS KUKLJLSKI known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal,the day and year first above written. 5 (Seal)"' (Signature) f 7 (Print Name) Notary Public for the State of Montana Residing at My commission ex ire Agreement between The CITY,NS U RB and U H A U L Page 5