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Home My WebLink About14-Tempest Court Apartments SP Applicaton Improvements Agreement Tempest Court Apartments SP IMPROVEMENTS AGREEMENT FOR THE TEMPEST COURT APARTMENTS SP APPLICATION BOZEMAN, MONTANA THIS AGREEMENT is made and entered into this day of Qjl�& t 20fLA, by and between Langlas & Associates, 1019 E. Main Street, Suite 101, 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 to allow the construction of a 24 unit apartment building on property located at .1546 Tempest Court and legally described as Lot LBlock 4, West Winds Subdivision, City of Bozeman, Gallatin County, Montana. WHEREAS, it is the intent of the Developer to obtain occupancy for the building located at 1546 Tempest Co ; 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: I. Property Description This Agreement pertains to and includes that property which is designated as R43 on the City of Bozeman Zoning Map, and identified as 1546 Tempest Court and legally described as Lot 1, Block 4, West Winds Subdivision, City of Bozeman., Gallatin County,,Montana. improvements Agreement Page 1 Tempest Court Apartments SP 212170 2. Improvements This Agreement specifically includes final landscaping, parking lot striping and a. bike rack (replacement) as provided in the a roved Final Site flan 21.2170 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 tinges 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 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 tinge. 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 [:lnited States mail addressed to the developer at T.,an Tlas & Associates Inc 1019 E. Main Street Suite 101 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 Improvements Agreement Pa ge 2 Tem est Court Apartments SP 212170 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. 8) 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. S. 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 Court, Gallatin County, State of Montana. Improvements Agreement Page 3 Tempest Court Apartments SP Z12170 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 parties hereto. 11. Invalid Provision The invalidity or unen-forceability 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 ornitted. 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. improvements Agreement Page--4-1 Tem est Court Apartments SP Z12170 y_ CORPORATION TA I�aT Y P h. SEAL State of Montana �-- i . 26.2D On behalf of Langlas & Associates, Inc. STATE OF MONTANA � )ss.. County of Gallatin ) On this 1.8"' day of February, 2014, before nee, the undersigned, a Notary Public for the State of Montana, personally appeared Bill Langlas, known to me to be the Secretary of Langlas & Associates the corporation that executed the within instrument, and acknowledged to nee that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affix ny Notarial Seal the day and year first above written. , (SEAL) Notary Po blic fo the e of Montana Residing at My Commission Expires: z , - ' l .� (Use four digits for expiration year) Improvements Agreement 7Ta e 5 Tetnpest Court Apartments SP Z1217p THE CITY OF BOZEMAN Brian. Krueger Development Review Manager �.W Wl T IAA rr S'T ATE OF MON'T'ANA) :ss Pr,+, if,:O v Ja e: County of GALLATIN On this clay P �3 of - , 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 lase 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 clay and year first above written. x ------ Notary Public for the State f Montana TA RA L ° VV'S G I E Residing at �e r I"Ic .7e: n "t�ryr ua.�yrtE. My Commission. Expires: � (, i u u r7 � 'd� � ' ... (Use four digits for expiration year) Vy r c rirrr or F /� r I1 04, 7 Im rovements A reement Fa; e G ITempest Court Apartments SP Z12170 EXHIBIT A Uncompleted Improvements Estimate: Landscaping and Bike Rack: $36,838.00 Parking Lot Striping: $650.00 Total: $37,488.00 X 150% = $56,232.00 (Total amount required in financial guarantee) Improvements Agreement Page 7