HomeMy WebLinkAbout14-Pines Apartments SP Application Improvements Agreement Pines Apartments SP-COA 21304
IMPROVEMENTS AGREEMENT
FOR THE PINES APARTMENTS SP APPLICATION
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this . day of February, 2014, by
and between LMF Group, LLC, Mike Zambon, 3506 Fieldstone Drive West, Bozeman, MT,
59715 hereinafter 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 a Site Plan with a Certificate of Appropriateness to allow the construction of a 15
unit apartment building with related site improvements on property located at 620 South 20"'
Avenue and legally described as Tract 1, Amended Kirk Subdivision, City of Bozeman, Gallatin
County, Montana.
WHEREAS, it is the intent of the Developer to obtain occqPancy for the building located
at 620 South 201h Avenue; 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
This Agreement pertains to and includes that property which is designated as R-4 on the
City of Bozeman Zoning Map, and identified as 620 South 20th Avenue and legally described as
'fract 1, Amended Kirk Subdivision, City of Bozeman, Gallatin County, Montana.
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Pines Apartments SP-COA 213041
2. Improvements
This Agreement specifically includes installation of a sidewalk connector, stormwater overflow
Rip Ra installation and landscaping as provided in the approved Final Site flan 213041 and
provided estimates. 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 farm 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 tithe.
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 1"MF
Group. LLC. Mike Zambon 3506 Fieldstone Drive West Bozeman, MT 59715 or such other
address as the Developer shall provide to the City from time to tithe, without being completely
remedied, satisfied, and discharged, the City may elect to enforce any of the following specified
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Pines Apartments SP-COA 213041:::]
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 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
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 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 site plan approval.
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
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lPines Apartments SP-COA 2 041
Court, Gallatin County, State of Montana.
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 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 pat-ties 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.
�nts Agreement ::fa e4
Pines Apartments SP-COA 21304
CORPORATION
LMF Group, LLC
STATE OF MONTANA
)ss.
County of Gallatin
On this
-Ay of February, 2014, before me., the undersigned a Notary Public for the State of
Montana, personally appeared Mike Zarnbon, known to me to be the Vice President of LMF
Group, Ll-C the corporation that executed the within instrument, and acknowledged to me that
he executed the same for and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affix d my Notarial Sea] the
day and year first above written.
...... -Ew,\)[ -.1ASTIE for the State of Montana
Public.� 'L Notary�Pub 21
Noy Flj)N�c Residing at cy-? k,
V� A F,1 I for Elie, of r\Aont'ana
My Commission E�—Pirc�s'
-or expiratio year)
NAY Corrnll'Y;�Or-1 Lxp'jrC"S': (Use four digits f n
P,,crj�N, 2017
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jPines Apartments SP-COA 213041
THE CITY OF BOZEMAN
Brian Krueger
Development Review Manager
STATE OF MONTANA)
:ss
County of GALLATIN
On this day WN, of
— L 2014, before me, a Notary Public for the
State of Montana, personally appeared Brian :Krueger, known to me to be the person described in
and who executed the foregoing instrument as Development Review Manager 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
A
(SEAL)_.---_- Notary Public.for the State of ont ana
TA RA L, I IAS.]1E
Residing at a V'\
tr Noinvy��A,Iic, My Commission Expires:
A i�,, Sta�o of
for thc� Q c� i
(Use four digits for expiratlocrt year)
,A 20 1
EXHIBIT A
Uncompleted Improvements Estimate,
Installation of a sidewalk Connector - $375,00
Stormwater overflow Rip Rap installation - $300,00
Landscaping - $4,746.00
Total.: $5,421.00
X 150% = $8,131.50 (Total amount required in financial guarantee)
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Pines Apartments SP-CQA 213041
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Pines Apartments SP-COA 213041
MILLER CONSTRUCTION
P.O.Box 525 33 Elk Bugle 41 Manhattan,MT 59741-0525
phone:(406)284-3288 w tax: (406)924-2001
Pines✓partments
620 South 200
Bozeman, MT
Estimated cost of improvements listed
I- Prep and install 110 s.f. of sidewalk(22'x 5')west side of the building–
connecting city sidewalk to the building entry sidewalk 110square feet @$
3.25 per foot=$375.00-.------–see attached page#1
2. Prep and install Rip–Rap overflow ditch on the west side of the Storm
Retention pond(10'x 2x 12"deep) =$300.00–see attachedpage#2
Total Cost$675.00
Please call with questions
Mike AllsoplJohn Miller Const.
406-580-8602
m 0 Its 0 Q @j—MUm–t-,-c-0m
Commercial Residential NUCOP Buildings
[Pines Apartments SP-COA 213041
J.B.C.Landscaping Inc. Estimate
1417 S.Montana Ave,
Bozernari,MT 59715 Date Estimate#
9f7/2013 15
Name/Address
Mike Zarnban
S.201f]St.
13ozenian MT
Project
Item ❑escripbon 1Qty Cost Total
bobcat Machine billed at 5 75,001day.Babein plus,attachments 3 75,00 225-00
I'm gniding,and planting,
labor Labor billed at$35.001 Im 48 35.011
materials Quaking Aspen,1 1/2"-2"Caliper 12 100,00 1,200,0'0
materials Littic leaf Lindcri 1 1/2",-2"Caliper 3 125,00 375.00
materials Ahhoinswoed poWatifla 12-18" 9 15.00 135.00
materials Dwarf Kurcan Lilac 13-24" 3 22.00 66 00
materials Dwarl'Mugho Pint:10 galloij 5 35.00 175.00
rnatcTialx Carl Forester Grasses.(Fcalhor Reed Grass)I Gallon 15 15.00 225.00
lwalerijjs Sod for lawn areas,@2000 S,q,fL 2,000 0.17 340.00
;w,narials Filging fabric and mulch'ror landscape hc&,black 650 0.50 3250(1
diamond edging,typar landscape fabric and 1,112"
washed rock
cy"650 Sq.(I
Total $4,74600