HomeMy WebLinkAbout15- Sundance Apartments at Baxter Meadows Improvements Agreement Sundance Apartments at Baxter Meadows Ph.2,3, &4 CUP #Z-12220
IMPROVEMENTS AGREEMENT
FOR THE SUNDANCE APARTMENTS AT BAXTER MEADOWS
CONDITIONAL USE PERMIT APPLICATION
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this day of February, 2015, by and
between Baxter Meadows Apartments, LLC, Steve Broadbent, 9980 South 300 West, Ste. 310,
Sandy, UT, 84070 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 Conditional Use Permit to allow construction of a new 195 unit apartment complex
with related site improvements on property located at 3715, 3725, 3735, 3745, 3755, & 3765
Galloway Street and legally described as Lot 1, Phase 2B, Baxter Meadows, City of Bozeman
Gallatin County, Montana.
WHEREAS, it is the intent of the Developer to obtain occupancy for the building at
3715, 3725, 3735, 3745, 3755, & 3765 Galloway Street; 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 3715 3725 3735 3745 3755 & 3765
Galloway Street and legally described as Lot 1, Phase 2B, Baxter Meadows, City of Bozeman,
Gallatin County, Montana.
2. Improvements
Improvements Agreement Pa e 1
i
Sundance Apartments at Baxter Meadows Ph. 2,3,&4 CUP #Z-12220
This Agreement specifically includes landscaping improvements as provided in the approved
Final Plan for Phases 2, 3, & 4 Conditional Use Permit #Z-12220 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 Baxter
Meadows Apartments, LLC, Steve Broadbent, 9980 South 300 West, Ste. 310, Sandy UT
84070 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
Improvements Agreement Page 2
Sundance,Apartments at Baxter Meadows Ph.2,3,&4 CUP #Z-12220
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.
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.
E
9. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an attorney to
r
Improvements Agreement Page 3 `
Sundance Apartments at Baxter Meadows Ph.2,3,&4 CUP #Z-12220
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 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.
i
i
Improvements Agreement Page 4
Sundance Apartments at Baxter Meadows Ph. 2,3, & 4 CUP #Z-12220
CORPORATION
N $$pE
(Printed name)(Capacity)
Baxter Meadows Apartments, LLC
STATE OF UTAH )
:ss
County of SALT LAKE)
On this 2 day of , 2015, before me, the undersigned, a Notary Public for the State
of Utah, personally appeare Steve Broadbent, known to me to be the Manager of Baxter
Meadows Apartments, 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.
V
(SEAL) (Pry t nam
Notary Public for the State ofMmnsota
Residing at LrT
4s; RY O
� � � My Commission Expires:
1 (Use four digits for expiration year)
_.''^;" M
APRIL .20_
STA:T-E OF MAIM If
Improvements Agreement Pa e 5
Sundance Apartments at Baxter Meadows Ph.2,3, &4 CUP #Z-12220
THE CjTjY OF B ZEMAN
r `F Ca
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 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.
.SEAL)-- (Printed name) 1
'1A, � ' Notary Public for the State of Montana
tit F '<<ary Pur he
�,ozARm4 *or tvie `-state of mont2na Residing at Bozeman
Residing My Commission Expires '�
.Sl �U � Bo7crr<ar, o�t r
My Co ":ssion�Y„ re : (Use four digits for expiration year)
Im rovements Agreement Pa e 6
9
Sundance Apartments at Baxter Meadows Ph. 2,3, &4 CUP #Z-12220
EXHIBIT A
SUNDANCE Q BAXTER MEACOINS-BOZEMAN,MT
LANDSCAPING BID FORM
OVAq" UNR CSTIVATEO COST SU2TOTAL
LAWNS AND PLANTING: UA on-us or3s4e Prz. wlaee Coro 0n 3 a3sa3
Tops9U 3 kryu9V4
ITEM:
1TF1A,
REM. 3 3 3 3
1TEM s s s s
REM: 3 3
SWA.W
E ah —d
[IVA:F-Cvada E— s4f 23140 -S 005 3 +.130.W 4 f 1.18600 3
41232 2 10 E 0 W f 2-.-.._ __,04J W f 2,23I.W 3 /A43.E0
REM:Fh4('z:rdi Sod 33 t S31 W f
REM $ f S S
REM S E t. 4
ITEMSeaWr -4� SW199an0
REM:Sod ns3.Aed T 45232 2M70 S 045 3 20.33410 S 9,SJ1 A 3 %39U0
REM k"amm S 42At000 E19.:03 f 16W)COREM:W'pf+S'-oerirq f 4.TS4W S `Z016W 3 2at3CO
REM ! fITEMf
3ub1
PW6itg
ttFM.Troa! exY;2W
44 ';:3A S 200W 3 10,140 f `.7.�0.W f 10.120.W 3 7,62O0
FTC"GertPcar9 4xf140 S MW i 14'3 W f f A. co f
REM'.SNIDS e4cF621 S 2000 $ 10,4V.W 3 - f 10,420.00 !
REM:(s'atsxs d P r-i-b s4J+ J35 S 9.W 3 3,01J W 1 3 J,OiS.W f
REM.L&. S 14,- W S :4,U.UW S /e,SW.W 3 4.000,00
Su31aW
RAMOS
REM.Ed9r.9 w nbTEM RxR Nkh S Fatrc i>✓V4 S 34.W f 14.1HW 3REM Cadaz bkkh Fu Tress a 9 -11 E 74W S 2&4W 3 814W S 6WW f d1403
f I.aAW S '7'.aW i i.�t00.W S 790.t0
uTEM 0x 1d— e 6 S 2
50 W S 1.wo W f S i 5W.00 S
SUElctal 3 30.910. t 1$14W
3U0T0TALUW4SA40 PUVTdtO
�79� fo
We have already spentfCM
about $5,000 of sleeving
and prep work before the
snow started. There is
$200,000 left to landscape
the whole project, Phase
Two, Three and Four are
about 90% of the
landscaping so $180,000.
i
Total Amount Guaranteed per estimates= $270,000.00
Improvements Agreement Page 7