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Home My WebLink About15- 392 Gallatin Park Drive Site Plan Application/ Double S. Properties, LLC. 392 Gallatin Park Drive Site Plan V Z13242 IMPROVEMENTS AGREEMENT FOR THE 392 GALLATIN PARK DRIVE SITE PLAN APPLICATION BOZEMAN, MONTANA Ird THIS AGREEMENT is made and entered into this SL day of , 2015, by and between Double S Properties LLC, 3604 Good Medicine Way, 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 warehouse building with office space and related site improvements on property located at 392 Gallatin Park Drive and legally described as Lot 11. 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 392 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 392 Gallatin Park Drive and legally described as Lot 11, 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 Page 1 392 Gallatin Park Drive Site Plan #Z13242 screening as provided in the approved Site Plan Application Z13242 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 Improuefr ai�'Agreementtinust 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 (1.2) 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 Double S Properties LLC, 3604 Good Medicine Way, 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 2 392 Gallatin Park Drive Site Plan #Z13242 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 Page 3 392 Gallatin Park Drive Site Plan #713242 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 Pa e 4 392 Gallatin Park Drive Site Plan #Z13242 LANDOWNER s Double S Propeffies LLC,Owner (On behalf q)q (Capacity) STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ga day of ,2015, before me,the undersigned, a Notary Public for the State of Montana, personegy appeared W+ rpm, , known to me to be the landowner that executed the within instrument, and acknowledged to me that he executed the same as (insert capacity) 40A//ttiy and on behalf of Double S Properties LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. /* �i (SEAL) (Printed name) Notary Public for the State of Montana a Residing at 317 4&Z4h 1 ;b"k Ann TAMI WEIST G My Commission Expires: DID /�7 NOTARY PUBLIC for thestate of Montano (Use four digits for expiration year) Residing of Bozeman.MT My Commission E)res October 11,2017 Improvements Aggreement Pa e 5 392 Gallatin Park Drive Site Plan #Z13242 THE CITY O BOZEMAN 1=oi� Wendy Thomas Director City of Bozeman Community Development STATE OF MONTANA) . . :SS 5.1. �`r• c• t ` �. County of GALLATIN ) v On this __q day of ff'I8. , 2015, before me, a Notary Public for the State of Montana, personally appeared Wendy Thomas, known to me to heutli� person described 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 Notarial Seal the day and year first•above written, ?� r•.;,�. ,R� - 0. T RA L HASTIE (Printed name) I PPPASp�, `►v4cary Public Notary Public for the State of Montana t' zAR44k rPoe.tJ.e•i tat�piMdF�:rana Residing at13oaetxt �. Residing at: My Commission Ex�Ai��?'''" 'y[:A{1�Q'"" "bcozeman, Montana i .,,jj• '` ,•. My commission Expires: (Use four d}gits fo eNP# 1-QP-,year) �FOFMo�P April 04,2017 ! C.� .:,.3rc:xr•. 1A=1_ *� Improvements Agreement Page 6 392 Gallatin Park Drive Site Plan #Z13242 EXHIBIT A R&G Sprinklers,I_L('dba HEADWATERS SPRINKLERS P.O. Box 171 Manhattan,NIT!,9711 12-14 June 5.2014 SPRINKLER SYSTEM 1111)FOR: S Conley Sales 317 Gallatin Park Dr. Bozeman,*01'Se715 585-7 33 3 SYSTEM:East 60-Sprays Hunter Pro-Spray(3 Year Warranty) 60 NoMes Hunter NIP Rotators-(3 Year Warranty) 5.'6-Valves Rain Bird f)V-100 0 Year Warranty) Controller Hunter Pro C(5 Year Warranty) Plumb Out Owner Responsibility Back Plow Wilkins 700 PVB Static Line l"Poly-pipe Laterals I"Poly-pipe Schematic C'ADD as Built BID PRICE: $3.600.00-Grass Area $250.00-Drip System for Trees(Optional) $3.570.00-Sod $175.00-Plant frees WARRAN'a: Headwaters Sprinklers will guarantee the entire system for one year from the date of installation. (leadwaters Sprinklers will do any needed repairs the second year labor free:parts at our cost. Most parts now carry a three(3)or live(5)year warranty. 1 he controller carries its own warranty.(5 years except for lightning surges) 1'he system will he winterized the first year free of charge and thcreal)er there is a nominal fee.As of now'.that fee is$50.00 for winteriaations and$50.00 for the start-up.We must blow out the system the second year 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-Much is not the result of the sprinkler design,installation.or product defect. The owater must be notified before any changes can he made. ED ROYC'E Improvements Agreement Page 7 392 Gallatin Park Drive Site Plan #Z13242 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 $325.00 is S;pO— -ov 3N C-?"Iaz" t 392- 6a.LtAnfl, �a-f-J- �$ I�25a C � 392 Gallatin Park Drive Site Plan #Z13242 (IIOW�— su %% KELLE R��„�.�..— CJMfA7vY Quotation �V�, -..o,..is.`• ,.t ., ,. ... , KILLER AIR R07CMAN#64 I ' - 70 TIMBERLINE DRIVE 01/Z2/15 S008289985 BOZEMAN MT 597110 CRCER TO 408.582•5784 Fax406-587.417J ..�.. .... .. .. 1 III 0001E TO: SHIP TC: S. CONLEY SALES, INC S. 00NLEY SALES, 1NC 317 GALLATIN PARK DRIVE 317 GA:,LATIN PARK DRIVE AOZEMA3:, NIT 59715 AOZEMAN, MT 59715 .. _,. ......_.... is n. ...- .....1 ..... .. ... ;. 10,3 6 pads .64 PLtor strom.b..era 2 011GthNet 30 / 2(15 No I :LI4 J r�;1 .. :furl�•. r, ...,, *** This quote expires on di/29%15 �R* Zea' 111060 DIV UC3642-3 ULTRALITE PAD 33.427 66.85I Pt): TAXES NOT INCLUDED Ii S�LCr � 36LI d 3R Z �C(ufiL, Wyk I � I i I I I I I i Ta s G�otattor.has been prepared for ynr convenierce per--ur interpretation of thn. Subtotal 66.65 specifications sent to us. Your protection is a recheck of the mterial contained I S&H CHGS 0.00 herein. Fixtures are white except Where noted. Pr1-es gaoted are guararteed for a period of(7)days, unless otherwise stated, (ram tre date of this quote. Clerical errors are srtject to correction, I Amount Due, 66.85 Total Remaining improvements Estimate Amount= $7,790.93 Total Financial Guarantee Amount (1.5 x estimate) = $11,686.40 improvements Agreement Pa e 9