The URL can be used to link to this page

Home My WebLink About14- Mitchell Development Group, Gateway PUD Subdivision Phase 2 Buildi S SP/COA ZM16 IMPROVEMENTS AGREEMENT FOR THE BUILDING S SP/COA APPLICATION BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this day of , 2014, by and between Mitchell Development Group, LLC PO Box 738 Great Falls MT 59403 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 and Certificate of Appropriateness to allow the construction of a commercial building on property located at 867 South 29`h Avenue and legally described as Lot 17A of the Amended Plat of the Bozeman Gateway PUD Subdivision Phase 2 City of Bozeman, Gallatin County, Montana. WHEREAS, it is the intent of the Developer to obtain occupancy for the buildingat t 867 South 291h 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 those properties which are designated as B-2 on the City of Bozeman Zoning Map, and identified as 867 South 29 'Avenue and legally described as Lot 17A of the Amended Plat of the Bozeman Gateway PUD Subdivision Phase 2 City of Bozeman, Gallatin County, Montana. 2. Improvements Improvements Agreement Page 1 Building S SP/COA ZM16 This Agreement specifically includes landscaping, irrigation, and screen wall as provided in the approved Final Site Plan Z12316 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 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 Mitchell Development Group, LLC PO Box 738 Great Falls, MT 59403 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 Improvements Agreement Pa 2 Building S SP/COA Z::W16 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 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 the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District 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 improvements Agreement Page 3 Build' S SP/COA ZM16 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 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 IBuilding S SP/COA Z12316 CORPORATION c On behalf of Mitchell Development Gry LLC STATE OF MONTANA ) )ss. County of Gallatin ) On this day of y i 7�r3E�' , 2014, before me, the undersigned, a Notary Public for the State of A ,g Al T?9W A , personally appeared TEp y known to me to be the.M#NA6 i/ye-, A121-M of Mitchell Development Group, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. N POT', EDEN POTRATZ A •' Notary Public No1ARrg4 :for the State of Montana . A-51 *: 4SEA� - Residing at: z G� F,A L ,,am - Belgrade, Montana 9 P ; g Notary Pu g lic for the S e of Montana OF Mo My Commission Expires: May 15, 2018 Residing at Bozeman Improvements Agreement Pa e 5 Buildin S SP/COA Z12316 THE CITY OF BOZEMAN Wendy Thomas Director of Community Dev. STATE OF MONTANA ) )ss. County of GALLATIN ) � On this day ^A rr��V of i (�`.\�e , 2014, before me, a Notary Public for the State of Montana, personally appeared Wendy Thomas, known to me to be the person described in and who executed the foregoing instrument as Director of 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. , - ARA i HASTIE Notary Public for the State of Montana Notnry Puhiic Residing at T M m(\ ' for the State of Montana My Commissio Expires: P t, 1�1� i=tesrdrng at: � . ".ozornan, R%iontana (Use four digits for expiratio year) t!o/Comm.scion Expires: April 04, 20'7 Improvements Agreement Page 6 Buildin S SP/COA Z12316 EXHIBIT A EXHIBIT "A" Building "S" Remaining Improvements 10-17-14 Item Quantity Material/Labor Landsca in Trees 2 $225.00 Sod 1 600 s $256.00 Asphalt Trail 1200 s $1,980.00 Plants $1 00.00 Irri ation: Heads 30 $1300.00 1" Pie 6001 $250.00 Filters $300.00 Dri $200.00 Install $3$000.00 Gas Meter Screen Wall: Labor/Material $1,000.00 Sub total $9 711.00 Total x 1.5 $14,566.50 Improvements Agreement Page-7