HomeMy WebLinkAbout15- Cattail Springs Site Plan Application Cattail Springs Condos SP #Z-14024'
IMPROVEMENTS AGREEMENT
FOR THE CATTAIL SPRINGS SITE PLAN APPLICATION
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this 7 day of D' &/ _,., 2015, by and
between Chase Skogen Construction, 2149 W. Durston Rd., Bozeman, MT 59718 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 Final Site Plan to allow occupancy of the first of four 16-plex structures on
property located at 3011 and 3079 North 271h Avenue and is legally described as Lots 2 and 3 of
the 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
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3011 and 3079 North 27th 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-3 on
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the City of Bozeman Zoning Map, and identified as 3011 and 3079 North 27 h Avenue and is
legally described as Lots 2 and 3 of the Cattail Creek Subdivision Phase 1, City of Bozeman
Gallatin County,Montana.
2. Improvements
This Agreement specifically includes landscaping and paving improvements as provided in the
Improvements Agreement Page 1
Cattaff Springs Condos SP #Z-14024;
approved Final Site Plan #Z-14024 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 Chase
Skogen Construction, 2149 W. Durston Rd., Bozeman, MT 59718 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
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Cattail Springs Condos SP #Z-14024`
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
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Cattail Springs'Condos SP #Z-14024
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.
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Cattail Springs Condos SP #Z-14024
CORPORATION
Chase Skogen Construction, (Capacity)
STATE OF MONTANA)
:ss
County of GALLATIN )
On this 9 day of Mq✓c4- , 2015, before me, the undersigned, a Notary Public for the State
of Montana, personally appeared Mike Skogen, known to me to be the I/i,.,- A'u' eo of
Chase Skogen Construction, 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.
i
T/reresr� L- /°�7fi�a ti
(Printed name)
THERESA L POWAY Notary Public for the State of Montana
NOTARY PUBLIC for the Residing at
State of Montana
Residing at Bozeman,Montana My Commission xpires: 9�o6 LA.IS
My Commission Expires Se (Use four digits for expiration year)
ar rr,< ptember 06,2015
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Cattail Springs Condos SP #Z-14024
THE CITY OF EMAN
Wendy Thomas, Director
City of Bozeman Community Development
STATE OF MONTANA)
:ss
County of GALLATIN )
On this ° - day of ' f , 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.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed,my Notarial Seal the
day and year first above written.
(SEAL) (Printed name)
— Notary Public for the State of Montana
h ` ' �ASTIEResiding at Bozeman
146 r d ?I� f $r rE §dLC C?$ �$C7P E38"} My Commission Expires .7 it 3
� Residing�lAl, ��-crrtn, Montana (Use four digits for ex iratio Sear)
A re;04, 201 d
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Cattail Springs Condos SP #Z-140TA
EXHIBIT A
PROPOSAL
Bflb�� �,9l�1 b
AVINer/Na. Date
5200 Thorpe Rd Irz9nms
Belgrade,MT 59714
Ph: 406-388-9707 Fax 406.388.0724
To: _ Work to be performed at:
CS Homes Cattail Condos
2149 W Darsten#31 Phase 1
Bozeman,MT 59718 Bozeman,MT
Specifications for proposed Job City price Total
Blade existing road base material to grade and compact 20,014 0.05 1,000.70
Famish and install 3 inches compacted hot mix asphalt material with paving machine. 20,014 1.25 25,017.50 '..
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Note;Thls proposal may be withdrawn by us if not accepted within 30 days Total $26,018.20
Warranty Payment racrest/Atlomcy's Fees
This work is covered by a 2 year warranty.Any detects in the work will be Payment is due in full upon receipt of invoice at the completion of
promptly repaired.Warranty does not cover failure due to base not installed the work.Balances ova 30 days may acquire interest at the rate of
by High Country Paving,Inc.Application of all warranty provisions is 1.2%per month(15%per annum).Iflogal action is required to
conditional upon fall payment of the contract pried. enforce the terms of this contract,the prevailing party will be
entitled to recover the reasonable costs ofsuch action,including
attomoy's fees and the cost of filing and enforcing a construction
lica,
Respectfully submitted,
You are hereby authorized to famish all material,equipment and labor required to complete the work described
in the above proposal for which the undersigned agrees to pay the amount stated in said proposal aad according to
the tem s therefore.
(Property Owned Contractor) (Date) ;
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Cattail Springs.Condos SP "#Z=14024
Chase Skogen Construction,Inc. Estimate
2149 W Durston#31
Bozeman,MT 59718 Date Estimate tt
2/2112/11 12
Name 1 Address
Chase Skogen Construction Inc.
21,19 W Durstun 431
Bozeman,NIT 59719
Project
Description City Cost Total
Provide and Install 2 park benches 2 600,00 1,200,00
Complete block work as per plan 1 12,000,00 12,000.00
Install sidewalk and appropriate chases 1 5,500.00 5,500.00 ''...
Install sibhtlparking signage I 3,500.00 3,500.00
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Total S22,2o0.00
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Cattail Springs Condos SP #Z=14024
MOSSCREEK LANDSCAPES,INC. Estimate
76 Garnet Ln,
Belgrade,MT $9714 Date estimate p
u62o15 619
Name IAddress
ChasdSkogen Homes {,1
2149 Durston Rd Or 31
13ouman,MT 59718
Qty Description Total
LANDSCAPE&SPRINKLER PROPOSAL.3011 N.27th Ave-Phase I
I Automatic Rainbird Sprinkler System 4,458.00
12,000 Kentucky Bluegrass and installed w/Rnish Snide 5,400.00 '...
500 Steel Edging 1.500.00
3,950 1 12"Washed(travel over Typal weed fatsrie 1,975.00
0 E-,V—T—(6') 0,00
22 Doeiducus Trees(1.5°CAL) 3,300,00
136 Shrubs(2 gal) 2,992.00
4 Moss Boulders(31 680.00
PAYMENT:Upon acceptance 12 of total balance is due,and final 12 due no later than 30
days after project completion.Any unpaid balance is subject to late fats and/or finance, Total $20,305.00
charges.A Finance charge of 1.5%(I8%ANNUM)will be charged an accounts past 30
days.
Total Amount Guaranteed per estimates= $138,996.30
Improvements Agreement —Page 9