HomeMy WebLinkAbout15- Great Northern Business Park SP COA 614 W Griffen Dr Landscaping and Curbing Improvements Agreement Send Original to.
City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,TAIT 59771
IMPROVEMENTS AGREEMENT FOR
GREAT NORTHERN BUSINESS PARK SP/COA
614 W GRIFFIN DRIVE
(LANDSCAPING & CURBING IMPROVEMENTS)
This AGREEMENT is made and entered into this day of
2015, by and between Longshot Equity, LLC, 1871 S 22"d, Suite A,
Bozeman, MT 59718, hereinafter called the "Developer", and the CITY OF BOZEMAN, a
municipal corporation and political subdivision of the State of Montana, with offices at City
Hall, 121 North Rouse Avenue, P.O. Box 1230, Bozeman, MT 59771-1230, hereinafter called
the "City".
WHEREAS, it is the intent and purpose of the Developer to meet the conditions of a Site
Plan and Certificate of Appropriateness to allow the construction of multiple commercial
buildings on Lots 21A & 22 of McChesney Industrial Park Subdivision, Located in Section 1,
Township Two South (T2S), Range Five East (R5E), PMM, City of Bozeman, Gallatin County,
Montana. The project is zoned M-1 (Light Manufacturing District) and is located within the
Class I, Frontage, Entryway Corridor District.
WHEREAS, it is the intent of the Developer to obtain occupancy for the building at 614
W Griffin Drive; and
Great Northern Business Park—Curbing&Landscaping Improvements Agreement 1
WHEREAS, the Certificate of Occupancy for the 614 W Griffin Drive, was filed prior to
the installation of all required improvements and an improvements agreement with financial
security was provided for installation of curing and landscaping; 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 those properties which are designated as M -1 on the City of
Bozeman Zoning Map, and identified as at 614 W Griffin Drive, legally described as Lots 2 1 A&
22 of McChesney Industrial Park Subdivision, Located in Section 1, Township Two South
(T2S), Range Five East (R5E), PMM, City of Bozeman, Gallatin County, Montana.
2. Improvements
This Agreement specifically includes the following improvements for Great Northern Business
Park SP/COA:
Partial parking lot curbing. The Estimated Cost of said improvements for these improvements
has been estimated by High County Paving, Inc., 5200 Thorpe Road, Belgrade, MT 59714, at
Four Thousand Two Hundred Ten and Ninety Cents ($4,210.90). The estimate is attached and
made a part of this Agreement, as Exhibit"A".
Great Northern Business Park—Curbing&Landscaping Improvements Agreement 2
Landscaping. The Estimated Cost of said improvements for these improvements has been
estimated by Granite Peak Handscape & Landscape, 2285 Virginia City Way, Bozeman, MT
59715, at Sixteen Thousand Three Hundred Forty Seven and No Cents ($16,347.00). The
estimate is attached and made a part of this Agreement, as Exhibit"A".
3. Financial Guarantee, Time for Completion of Improvements, Additional
restrictions
It is the Developer's intent with this Agreement to secure Final Occupancy for 614 W
Griffin Drive prior to completion of all required development improvements. Therefore, this
Agreement shall be secured by Letter of Credit (No. 2306406-11) issued by Big Sky Western
Back, 4150 Valley Commons, Bozeman, MT 59718 in the amount of $30,836.85.00 which is
acceptable to the City of Bozeman, which is one hundred and fifty (150) percent of the Estimated
Cost of said improvements.
The Developer hereby agrees that the following development related improvements
shall be installed, inspected, and accepted by the City not later than September 30, 2015:
that the asphalt and landscaping will be installed as required by the site plan in order to
avoid default on the method of security.
The Developer agrees that no delegation of performance required by this agreement shall
relieve the Developer of any duty to perform or any liability for the breach of that duty to
complete said development improvements required for the Great Northern Business Park.
Upon submission of fully documented invoices for the work performed, said work to be
inspected and certified for payment by Developer's professional engineers and the City of
Bozeman and or its agents as necessary, the City of Bozeman may release a portion of the letter
of credit for the work completed by the referenced invoices.
Great Northern Business Park—Curbing&Landscaping Improvements Agreement 3
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 of 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
Longshot Equity, LLC, 1871 S 22"d, Suite A, 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 and perform such work and inspection, and the
Developer shall permit and secure any additional perinission required to enable
them to do so. In the event that any funds remain from the financial guarantee
upon completion of all improvements, such funds shall be promptly returned to
the Developer.
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. Developer further agrees to
Great Northern Business Park—Curbing&Landscaping Improvements Agreement 4
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. Attorney 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, including fees, salary, and costs of in-house
counsel including City Attorney.
8. Warranty
The Developer shall warrant against defects of all improvements and that these
improvements are made in a good and workman-like manner for a period of two (2) years from
the date of their written acceptance by the governing body.
9. Governing Law
This Agreement shall be construed according to 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.
10. Modification or Alterations
No modifications or amendment of this Agreement shall be valid, unless evidenced by a
writing signed by the parties hereto.
11. Invalid Provision
Great Northern Business Park—Curbing&Landscaping Improvements Agreement 5
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 to City.
13. Successors
Except as provided in paragraph twelve (12), this Agreement shall be binding upon,
ensure to the benefit of, and be enforceable by the parties hereto and their respective heirs,
successors and assigns.
14. Filing
The Developer shall have this Agreement recorded in the Office of the Gallatin County
Clerk and Recorder at the within 10 business days of the signature of the Community
Development Director.
Great Northern Business Park—Curbing&Landscaping Improvements Agreement 6
DEVELOPER
BY: , MEMBER
Longshot Equity, LLC
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of , 2015, before me a Notary Public of the State of
Montana, personally appeared , known to me to be the person that
executed the foregoing Improvements Agreement, and acknowledged to me that they executed
the same for and on behalf of said Developer.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
,00 an Ko,(SEhPYLEY M KOENIG
• F2'., Notary Public
Q,Noraa�y .G- for the state of Montana 6g
- - Residing at: (Printed Name Here)
N. 1,.,,k L. Q Belgrade, Montana
';9rF0F r�o`���?: My commission Expires: Notary Public for the State of Montana
August 15,2017Residing at
My Commission Expires: $ li
(Use 4 digits for expiration year)
Great Northern Business Park—Curbing&Landscaping Improvements Agreement 7
THE CITY OF BOZEMAN
BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On the day of t 6 , 2015, before me, a Notary Public for the
State of Montana, personally appeared Vendy Thomas, known to me to be the person described
in and who executed the foregoing instrument as Community Development Director 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 seal on the day and
year first written above.
KATHERINE MAINES
Natary Public
Af a,; o':far the State of Montana
- - (SEAS§siding at:
na
r�1. N; Belgrade, Monta res:
"NoF MGc�C'\ fsy na
Comy 22 i 201on on�6
®n ( rinted Name Here)
Nota ublic for the State of Montana
Residing at
My Commission Expn _
(Use 4 digits for expiration yeao
Great Northern Business Park—Curbing&Landscaping Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
---------------------------------------------------------------------------------------------------------------------
Date: May 15,2015
Project: Great Northern Business Park, 614 W Griffin Drive
Developer: Longshot Equity, LLC
---------------------------------------------------------------------------------------------------------------------
Improvement Sq. Ft./Ln. Ft Estimated
Landscaping See Attached $ 16,347.00
Curbing 10% of total $ 4,210.90
Sub Total $ 20,557.90
150% $ 30,836.85
Approved by City Engineer's Office Date
Great Northern Business Park—Curbing&Landscaping Improvements Agreement 9
0 0 CITY OF BOZEMAN
IA
IRCI DEPARTMENT OF COMMUNITY DEVELOPMENT R
07 2015 f
IMPROVEMENTS AGREEMENT APPLICA;
1. PROJECT -- --
Development Name: Great Northern Business Park
Planning File Number: Z14207
2. PROPERTY OWNER
Name: Longshot Equity, LLC
Full Address: 1871 S 22nd Ste A Bozeman MT 59718
Phone: 406-570-88.59
Email:
longshot@kcocpa,net
— --------------------------------------
3. APPLICANT
Name: Donnie Olsson
Full Address: 1871 S 22nd, Ste A, Bozeman, MT
Phone: 406-570-8859
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Email: longshot@kcocpa.net
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4. REPRESENTATIVE BEd 11
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Name: Donnie Olsson `��� x , NII IB
Full Address: +
1871 S 22nd, Ste A, Bozeman, MT 5 CHEAT Pi 4 ,
Phone: 406-570-8859
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Email: i.r�`�3 } you
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5. PROPERTY Trap
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Full Street Address: 614 W Griffin, Bozeman, MT 59715 GC'-"
Full Legal Description: Great Northern Commercial Condomir
Current Zoning: M-1
6. IMPROVEMENTS TO BE GUARANTEED
Attach a detailed estimate of remaining improvements proposed to be guars
improvements to be dedicated to the public such as streets and water sewe
improvements shall be prepared by an appropriate professional such as a c
architect as applicable. s 1 CST! +� EffEy i
t��ft7ltft Y ���1✓ t�lfit a /r,,% ts. r`• 44ackee) #�k
Type(s) of improvements $ P
proposed for guarantee: ��✓�e(Ser /)+✓ l�r; /r' y�
Improvements Agreement Application IA Page 1 of 3 Revision Date 5-5-15
Required Forms: IA and Estimate Recommended Forms: I Presentation of submitted plans and specifications
Anticipated date of installation: GC_ VC/V/�(--Q--r '501 C) 1 �—
Name, company and title of
individual who will be signing v\vti"R_ 0`5 `�
the improvements agreement T_D � Lc�,tj feoee i_ScjrjkS X ���} � � `� ( UC,
and guaranteeing installation
of improvements:
Remaining Improvements
Estimate Amount: $ $20,557.90
Financial Guarantee Amount
(1.5 X Estimate) $ $30,836.85
An acceptable financial guarantee is required following approval of the financial guarantee amount. This guarantee shall
be submitted along with an executed improvements agreement that you will receive from staff following approval of this
application. The City accepts Cash, Letters of Credit from local banks or out of area banks where funds can be drawn
by certified mail. Bonds may be accepted, but must be approved by the City Attorney and in a form provided by the City.
Contact us if you plan to use a bond as your financial guarantee.
8. APPLICATION FEES AND MATERIALS
FA Base fee $460 or 1% of face value of guarantee, whichever is greater.
9. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if different) before the
submittal will be accepted.
Statement of Intent to Complete Improvements - I understand that the 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 that time. Said method of security shall be valid for a period of not less than twelve (12) months,
eighteen (18) months for subdivision improvements. In any event, all required improvements shall be
completed within nine (9) months of occupancy for site development and twelve (12) months for
subdivision improvements except for lot frontage sidewalks in order to avoid default on the method of
security.
Applicant Signature: i
Printed Name: Donnie OisSon
Owner
Signature:
Printed Name: Donnie OiSSOn
Owner
Signature V\
Printed Name: --� c
If signing as a corporation, please provide the title and position of the individual signing on behalf of the corporation.
Attach separate sheets for additional owner signatures.
10. CERTIFICATIONS FOR INSTALLED IMPROVEMENTS AND IMPROVEMENTS AGREEMENT REVIEW
Following submittal, this application is reviewed by City staff to determine if the proposed improvements to be
guaranteed are appropriate in relation to the improvements installed to date and that the improvements to be guaranteed
have been estimated based upon current area construction/installation costs.
Improvements Agreement Application IA Page 2 of 3 Revision Date 5-5-15
Required Forms: TIA and Estimate I Recommended Forms: I Presentation of submitted plans and specifications