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Home My WebLink About15- 2931 Warbler Way Site Plan Application/ NHB, LLC. 2931 Warbler SP Z14210 IMPROVEMENTS AGREEMENT FOR THE 2931 WARBLER WAY SP APPLICATION BOZEMAN, MONTANA THIS AGREEMENT is made and entered into this day of , 2011, by and between NHB, LLC PO Box 11530 Bozeman MT 59719 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 multi-household residential buildings on property located at 2931 2933 2935 2937 Warbler Way and legally described as Lot 4 Block 8 Cattail Creek Subdivision, Phase 1, City of Bozeman, Gallatin County. Montana WHEREAS, it is the intent of the Developer to obtain occupancy for the buildings at 2931 2933 2935 2937 Warbler Way; 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 R-O on the City of Bozeman Zoning Map, and identified as 2931 2933 2935 2937 Warbler Wad legally described as Lot 4, Block 8 Cattail Creek Subdivision Phase 1 City of Bozeman Gallatin County, Montana. 2. Improvements This Agreement specifically includes landscaping irrigation signage curb paint concrete pad improvements Agreement Page 1 2931 Warbler SP Z14210 and bicycle parking as provided in the approved Final Site Plan Z14210 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 NHB, LLC PO Box 11530 Bozeman MT 59719 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 improvements Agreement Pa e 2 2931 Warbler SP Z14210 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 entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house Improvements Agreement Pa e 3 2931 Warbler SP Z14210 counsel including City Attorney. 1.0. 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 Pa e 4 2931 Warbler SP 714 27107 CORPORATION On behalf of NHB, LLC STATE OF MONTANA ) )ss. County of Gallatin ) ao15 On this 6— day of Lk , i6i- . before m , the undersi ned, a Notary Public for the State of ,personally appeared den NI�� Ir known to me to be the (Y1 1'" of NHB, LLC the corporation that executed the within instrument, Md 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. R'NE MAI :4,, Notary p NES ` th ublic* StateofMontana•SF,A �: Residing at: No dry Public for the State of Montana Belgrade, MontanaOp MO My oor,, Residing at Bozeman mission Expires; JWY 22,201 s My Commission Expires a Il.e improvements Agreement Pa e 5 2931 Warbler SP Z14210 THE ITY BOZEMAN Wendy Thomas Director of Community Dev. STATE OF MONTANA ) )ss. County of GALLATIN ) _ On this day 4� of 0 , 2014, before me, a Notary Public for the State of Montana, personally appeared Wendy Thom s, 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. A� W'A�- t e { A L HASTIE Notary Public for the State of Montana ' Notary Public Residing at (v� ti f rAR,,q for the State of Montana - Residing at: My Commission Expires: LA I �l::�l. �;' Gozerr�an, Montana (Use four digits for expiration ear) �� My Commission Expires. I a April 04,2017 Improvements Agreement Pa e 6 2931 Warbler SP Z14210 EXHIBIT A M - E January 21,2015 Mr.Brian Krueger City of Bozeman Mt Dear Brian, Regarding the Improvements Agreement for the Thatch Wood Condominiums(2931/2933/2935/2937 Warbler Way)The remaining improvement are: -Landscaping-to include irrigation,topsoil,shrubs,sod,trees and planter beds an estimate from Morrison Landscaping is attached $40,300 -Fire lane curb painting:an estimate from Blaze Striping is attached $500.00 -Bike Rack,park benches and fire lane signage:NHB will install estimated value$1400.00 Total of above improvements are$42,200 and will be completed as soon as weather permits. NHB LLC Ben Nistler Manager Improvements Agreement Pa e 7