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Home My WebLink About15- 384 Gallatin Park Drive Site Plan Application/ Scot Spratt 384 Gallatin Park Drive Site PIan #Z13241 IMPROVEMENTS AGREEMENT FOR THE 384 GALLATIN PARK DRIVE SITE PLAN APPLICATION BOZEMAN, MONTANA THIS AGREEMENT is made and entered into this �— day of , 2015, by and between Scot Spratt, 317 Gallatin Park Dr. Bozeman, MT 59715 hereinaft 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 warehouse building with office space and related site improvements on property located at 384 Gallatin Park Drive and legally described as Lot 10, Block 1, Gallatin park Subdivision, City of Bozeman, Gallatin County, Montana. WHEREAS, it is the intent of the Developer to obtain final occupancy for the building located at 384 Gallatin Park Drive; 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 M-1 on the City of Bozeman Zoning Map, and identified as 384 Gallatin Park Drive and legally described as Lot 10, Block 1, Gallatin park Subdivision, City of Bozeman, Gallatin County, Montana. 2. Improvements This Agreement specifically includes landscaping improvements and HVAC concrete pad and Improvements Agreement 7Taie 1 384 Gallatin Park Drive Site Plan #Z13241 screening as provided in the approved Site Plan Application Z13241 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 ImprovbffibtitPAgreement 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 Scot Spratt, 317 Gallatin Park Dr. 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: 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 Page 2 384 Gallatin Park Drive Site Plan #Z13241 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 P 384 Gallatin Park Drive Site Plan # Z13241 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 4 384 Gallatin Park Drive Site Plan #Z13241 LANDOWNER y: Scot Spratt Owner (On behalf ofl (Capacity) STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this,�day of 7q&1L"-4-2 , 2015,before me, the undersigned, a Notary Public for the State of Montana, persorAlly appeared Scot Spratt,known to me to be the landowner that executed the within instrument, and acknowledged to me that he executed the same as O&New and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) (Printed name) Notary Public for the State of Montana Residing at S7&&dth ?W,i to r TAMi WEW My Commission Expires: Ct,,. Z42017 NOTARY PM C for me (Use four digits for expiration year) State of Monk= Residing al Bozeman.MT My Corn *lion Expires October 11,2017 Improvements Agreement Pa e 5 384 Gallatin Park Drive Site Plan #Z13241 THE C,ITTY O]FBOZEMAN Wendy Thomas Director City of Bozeman Community Development STATE OF MONTANA) :ss County of GALLATIN On this day of , , 2015, before me, a Notary Public for the State of Montana, personally appeared Wendy Thomas, known to me to be the person dew itecl.in and who executed the foregoing instrument as Director of the City of Bozeman Department of Community Development, 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 otarial Seal the day and year first above written. , TAR L HASTIE (Printed name) PPP L HASA/�, Notary Public Notary Public for the State of Montana tiAR'�� 1QC the; f Residing at 2rte i?fllIc?ntairla Bozeman �. - * •. ,�+Residing at" i►,�?5 .(1b..2e 48ozeman, Montana My Commis ion Expi?ros,w; M Commission Expires: " ' ` ' ^ ' + ��OF MO Y p (Use four di its flSr ex1f irir�year) t t April 04,2017 *,- " JA3$ 1M.%xtwA<)$ :)pr i a9 x�nt�x3 ry,rz.:.'srr•.n::tir,� .'�:�., :9p Im tovements Agreement Page 6 384 Gallatin Park Drive Site Plan #Z13241 EXHIBIT A It&(i Sprinklers.I.I.0 dba HEADWATERS SPRINKLERS P.O.Box 174 Manhattan, !k`l 9 7.11 .tune 5.2014 SPRINKLER SVSTENl 1111)FOR: S Conley Sales - Gallatin Park Dr. Bozeman,Ntl'59715 585-73.3 SYSTEM:West 66-Sprays Iltutter Pro-Spray(3 Year Warranty) G Nozzles -Hunter MP Rotators 0 Year Warranty) 5!6-Valves -Rain Bird UV- 100(3 Year Warranty) Controller -I Iunler Pro C(5 Year Warranty) Plumb Out -Owner Responsibility Back(-*low -Wilkins 700 PVB Static line - I"Poly-pipe Laterals - 1"Poly-pipe Schematic CADD as Built Rif)PRICE: $3.9h0.00-Grass Area $250.01) Drip System for frees(Optional) $3.625.00-Sod $225.00-Plant Trees NVARRAN I'V: Headwaters Sprinklers will guarantee the entire system fi)r one year from the date of installation. Headwaters Sprinklers will do any needed repairs the second year labor Free.parts at our cost. Most parts now carry a three(3)or five(5)year warranty. The controller carries its own warranty.(5 years except for lightning surges) the system wi II he winterized the first year free of charge and thereafler(here is a nominal fec.As of now,that lec is S50.00 kir winterizations and$50.00 for the start-up.M`e Waist blow out the system the second�ear or the warranty will be voided. The above warranty and bid price are subject to change in the event of an abnormal situation that may arise which is not the result of the sprinkler design,installation,or product detect. The owner must be notified before any changes can be made. ED ROYCE improvements Agreement Pa e 7 384 Gallatin Park Drive Site Plan #Z13241 To: S Conley Sales/Scott Spratt Fr: Headwaters Sprinklers/Ed Royce Re: Bushes/Shrubs Proposal for planting shrubs and bushes and the extension of the drip system to irrigate new plantings. 2—Savin Juniper @$37.00 Each $74.00 2—Alpine Current @$19.00 Each $38.00 2—Snowberry Bushes @$24.00 Each $48.00 Labor for planting shrubs $65.00 Extension of Drip System$50.00 Each Side $100.00 Total $325.00 -w4-a t i5 Sp1;'-k- -�v 3N 3R2- 6aJWOrif 384 Gallatin Park Drive Site Plan #Z13241 KELLER��I -- coalFarrr on � uo a i KELLER AIR BOZEMAN#64 10 TIMBERLINE DRIVE 01/:2/15 f 5008299935 DOZEb1AN NIT 597t8 CRDER TC: 406.581.57M Nu 406.587-4173 QUOTE TO: SHIP TC: S. CONLEY SALES, INC S. CONLEY SALES, INC 317 GAILATIN PARK DRIVE 317 GeALLATIN PARK DRIVE BOM47U,, MT 59715 AOZEMP24, MT 59715 CJ+Ivn', �eY cEct,.:aJ•':E' .u.t'i✓:4'r.'• 1036 1?a�c..-....... I1O5U.S✓FI l6ls4 .. .. .. .. .x.: e„{ t -omberg 5Rt^a Sti 2 , 22 NosCdED Yl1et•- ' *"* This quote expires on di/29/i5 w+* l Zeal 111060 DIV UC3642-3 ULTRALITE PAD 33.427 66.85 Pit: TAXES NOT INCLUDED I � 'u S -M7-ku LIT Fi,2 3 4 d 3R Z 0 a-Cfa hvj uj,JC i � I � I l I This gaotatton has been prepared for your converierce per our interpretation of the Subtotal) 66.BSI spec) 1cat.fons sent to us. Your protection is a recheck of the material contained S&H CHGS 0.001 herein Fixtures are white ex.ept wrere W.ed Prices gaoted are guaranteed for a period of(7) days, unless otherwise stated, from the date of this quote. Clerical errors are subject to correction. Amount Due 66.85 Total Remaining improvements Estimate Amount= $8,255.93 Total Financial Guarantee Amount (1.5 x estimate) = $12,383.90 improvements Agreement Page 9