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HomeMy WebLinkAbout15- Walton Homestead Office Building SP/COA 1227 N 14th Avenue Landscaping Improvements Agreement City ofBozeman-City Clerk P.O. Box 1230 Bozeman, NIT 59771-1230 PLATTED 2523097 Page: 1 of 14 08/28/2015 09:16:19 AM Fee: $98.00 Charlotte Mills - Gallatin County, MT IMP 11111111111111 IN IMPROVEMENTS AGREEMENT FOR WALTON HOMESTEAD OFFICE BUILDING SP/COA 1227 N 14Tx AVENUE (LANDSCAPING IMPROVEMENTS) This AGREEMENT is made and entered into this a day of 2015, by and between Oakway, LLC, 1276 N 15th Avenue, Suite 103, Bozeman, MT 59715, 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 a commercial building on Lots 18 & 21, Block 7, Walton Homestead, Phase 2 Subdivision, located in the Northwest One- Quarter (NW 1/a) of Section 1, Township Two South (T2S), Range Five East (R5E), P.M.M, City of Bozeman, Gallatin County, Montana. The project is zoned R-O (Residential Office District) and is located within Class I Entryway Corridor District. WHEREAS, it is the intent of the Developer to obtain occupancy for the building at 1227 N 14th Avenue(building A); and Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 1 WHEREAS, the Certificate of Occupancy for Building "A" addressed at 1227 N 141h Avenue, was filed prior to the installation of all required improvements and an improvements agreement with financial security was provided for installation of 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 R-O on the City of Bozeman Zoning Map, and identified as Building "A" at 1227 N 14th Avenue, legally described as Lots 18 & 21, Block 7, Walton Homestead, Phase 2 Subdivision, located in the Northwest One-Quarter(NW '/) of Section 1, Township Two South(US), Range Five East (R5E), P.M.M, City of Bozeman, Gallatin County, Montana. 2. Improvements This Agreement specifically includes the following improvements for Walton Homestead Subdivision/PUD SP/COA: Landscaping. The Estimated Cost of said improvements for these improvements has been estimated by Cashman Nursery & Landscape, PO Box 10242, Bozeman, MT 59771, at Nineteen Thousand Six Hundred Seventy Five and No Cents ($19,675.00). The estimate is attached and made a part of this Agreement, as Exhibit"A". Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 2 3. Financial Guarantee, Time for Completion of Improvements, Additional restrictions It is the Developer's intent with this Agreement to secure Final Occupancy for 1227 N 14th Avenue prior to completion of all required development improvements. Therefore, this Agreement shall be secured by Cash ($29,512.00) 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 July 30, 2015: that the 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 Walton Homestead Building. 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. 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. Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 3 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 Oakway, LLC, 1276 N 15th Avenue, Suite 103, 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 and perform such work and inspection, and the Developer shall permit and secure any additional permission 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 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. Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 4 t ' 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 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. Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 5 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. Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 6 DEVELOPER BY: KEVIN COOK MEMBER OAKWAY, LLC STATE OF MONTANA ) :ss County of Gallatin ) On this 26% day of ,Tj,4c , 2015, before me a Notary Public of the State of Montana, personally appeared I<C-V/r) (je)e,)lc , 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. TNEIS _� a i r ttf�!S NOTARY PUBLIC for the ` State of Montana (Printed Name Here) SEAL Residing at Notary Public for the State of Montana #P,,: Livingston,Montana 'oF;,ai�?•• My Commission Expires Residing at L«i g r :s-a,o;. 01 j August 22,2018 My Commission Expires: &-?:g- z o/g (Use 4 digits for expiration year) Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 7 THE CITY OF BOZEMAN Fn-a--- BY: WENDY THOMAS, COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On the 77 day of Ll L , 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 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. (SEAL) , ' �,,, I•<A"FH€RIND MAINES EMq,', Notary Public (P 'nted Name Here) No':AR gZ2N'-_for the State of Montana Residing at; Public for the State of Montana --•— K 1,.s,l. ; 8eigrade, Montana ROsidlrig a My Commission Expires, ° �r M July?.2,2016 l My Commission Exp' Use 4 digits for expiration ea ( g� P� Y )� Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 8 EXHIBIT "A" ESTIMATED COST FOR IMPROVEMENTS --------------------------------------------------------------------------------------------------------------------- Date: June 25, 2015 Project: Walton Homestead Business Park, 1227 N 10'Avenue Developer: Oakway,LLC --------------------------------------------------------------------------------------------------------------------- Improvement Sq. Ft./Ln. Ft Estimated Landscaping(only building A) See Attached $ 19,675.00 Sub Total $ 19,675.00 150% $ 29,512.00 Approved b City Engineer's Office Date - 7 pp Y Y g Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 9 Landscaping Estimate Date 4/6/2015 c4s HMANPhone# ery 1 Landscaping Estimate E16 - 178 Cell Walton Offices P.O. Box 10242 Bozeman, MT 59719 <-WC5 a ��� (406) 587-3406 1.Plantings Quantity Item Size Price Extension 4 Austrian Pine 8'-10' 265.00 1060.00 4 Emerald Lustre Maple 1.5"-2" 150.00 600.00 4 American Linden 1.5"-2" 165.00 660.00 2 Northwood Maple 1.5"-2" 210.00 420.00 8 Radiant Crabapple 1"-1.25" 120.00 960.00 16 Quaking Aspen 1"-1.25" 85.00 1360.00 10 Canada Red Cherry 1"-1.25" 86.00 860.00 4 Ohio Buckeye 1.5" 165.00 660.00 5 Mugo Pine #5 46.00 230.00 12 Andorra Juniper #5 37.00 444.00 12 Bizzard Mockorange 24"-36" 25.00 300.00 20 Isanti Dogwood 24"-36" 25.00 500.00 16 Alpine Currant 18"-24" 22.00 352.00 16 Dwarf Korean Lilac 18"-24" 26.00 416.00 32 Little Princess Spirea 9"-12" 22.00 704.00 19 Goldflame Spirea 9"-12" 22.00 418.00 36 Blue Oat Grass #1 11.00 396.00 42 Stella D' Oro Daylily #1 10.00 420.00 96 Wood Tree stake, wire, strap 2" 5.00 480.00 1 Labor to Plant & Stake 4400.00 4400.00 Subtotal $15640.00 2.1-lard Goods Quantity Item Size Price Extension 270 Aluminum Edging Installed In ft 5.00 1350.00 24 1.5" Round Rock, Fabric, Labor cu yd 95.00 2280.00 5 Mulch for tree rings cu yd 70.00 350.00 7 Lichen covered boulders placed ton 225.00 1575.00 1 Timber retaining wall (South property line) 2230.00 2230.00 Subtotal $7785.00 Page 1 Landscaping Estimate AurserySHMANWalton Offices C 8 Landscaping Quantity Item Size Price Extension 3.Lawn Quantity Item Size Price Extension 14500 Sod, Fine grade, rockrake sq ft .45 6525.00 Subtotal $6525.00 Grand Total $29,950.00 Page 2 Lawn Rain Sprinkler Systems, Inc. LAWN RAIN 7067 River Road Bozeman, MT 59718 ® r 4 IC 1.JE f% (406) 586-6445 (406) 580-3053 Dana@lawnrainsprinklers.com ' e ® • e ® C Project Site Information Project Contact Information Walton Office Buildings 'Z /4P 21 zrrgaton Sprinklers 28 Hunter MP2000 1800 8 Hunter MP2000 900 20 Rain Bird 15H 24 Rain Bird 15Q 31 Rain Bird 8H 10 Rain Bird 8Q 16 Rain Bird 5000 Series 1.5 - 5004- PL-FC 24 Rain Bird 5000 Series 2.0 - 5004- PL-FC 5 Rain Bird 5000 Series 3.0 - 5004- PL-FC Nozzle Bodies 85 1804 Backflows 1 Wilkins 720A - 1" Control Valves 18 Rain Bird 100-DV 2 Rain Bird XCZ-100 Controllers 1 Rain Bird ESP-4M Pipe 519 Class 200 1" 3,116 Poly 100 1" i Drip Tubing 1,222 TLDL6-12 Merai FAMM � •v s Wire/Cable *linear lengths shown in feet 508 18-12 Multi-Strand Overhead For Labor Fees Permits Sales Tax Grand Total $9400.00 i f Is *linear lengths shown in feet I : I ifs"`;W�j vjr v t i 'ARBAG ARBAG 1 "w�� cLosu E E cLOSU _ rrj` ,tUM � � O RUM. .._. - -- ..SEW--. ---—— •� - - - - 1 teas - .J ---..SEW----------.{_.,. ..- �; :� v� LC6f?. WLL tT6li I TJ L; N �' Q I ._. ._._._...._._._ ._ .._ .. —. Irfi. ._L_._WAT,_�...._._..,. ( __ g T NEW GONcfzErE 1 r — — S 9oe a 20 I �. e 1116"=V-O" plant Table C symbol Plant1,14—Oden00 Mature "y ,T) vlanen sire V ustrianPtne(Dinusnigro) 8-10' 45-55' 4 oog+ttn/uniper(/uniperus locum) 3-4' 8-10' 4 tug Pfne(Pfnuz mug P5 34' 5 �J multi) o ndotta luNper(lunipems F5 12-1B' 12 meontalts> ro Lustr<hUple(Aar 1.5-2' 5040' 4 amen«des) m —A and<n M.114 1.5-2' 5040' 4 A—i O ort vro«1 Map (Aar!!!) , . E 1.5-2' 50.60' 2 S dUnkFkfNeringGrab(h13us � 1 ® ) 1-15' 25-35' 8 'tr4-- m E o ® uaktng Aspen(Dope us 1-iS' 25-35' 16 BOZEALANI RO(91 " T K trcmubida) ® anadaaed<erry lvmnu, A HEALTHY LANDSCAPE 1-1.5' 25-35' 10 irgint3na) O imrd Mod-mge 23 POINTS C„v 3 mf 24-3V 6-8' 12 3-4'OF3/4'WASHED ROUND ROCK c ,Q hfl el hus L-mlio —32 PARKIIAT 15 NOT IN A 5HRUB BED SHALL e o e != �j san i ag ornu POINTTABt s 24-36' 4-6' 20 cy1N) p Ipin<Currant(R+ks alptnum) 18-24- 4-5' 16 --15 POINTS AND WITH THE TREE COLLAR v wn Korgn lilac CSyringa 18-24' 4-5' 16 HAVE GRC E to N7 —5 POINTS JOK kjtt a Pa—Spina(SpiraU® 9-12' 2-3' 16 —5 POINTS I 'aponka> od am<spoea(sptroea y 12' 2-3' 19 tEVENT WEED GROWTH.TEMPORARY © a nro) u<oa crass e b 2 3, 36 —23 TOTAL R T -ADDITIOt,y, ', O H D'Oro Daylllly Pi 2-;• 42 . Hem less py1of1