HomeMy WebLinkAbout16- Bridger Center Sub, S31, T01 S, R06 E, Acres 1.81, Tract A, Plat H-37-D, Improvements Agreement Resonon Site Plan #Z-15004
Inter-office original to:
City of Bozeman
Department of Planning&Community Development
20 East Olive Street
IMPROVEMENTS AGREEMENT
FOR THE RESONON BUILDING SITE PLAN APPLICATION
BOZEMAN,MONTANA
THIS AGREEMENT is made and entered into this f
day of January, 2016 by
and between Resonon Inc. 123 Commercial Drive Bozeman MT 59715 hereinafter called the
"Owner," 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 Application to allow new construction and related site improvements on
property located at 123 Commercial Drive and legally described as Bridger Center Sub, 531, TO
S, R06 E, Acres 1.81, Tract A-1-A, Plat H-37-D, City of Bozeman, Gallatin County, Montana.
WHEREAS, it is the intent of the Developer to obtain final occupancy for the building
located at 123 Commercial Drive and legally described as Bridger Center Sub, 531, TO S, R06
E, Acres 1.81, Tract A-1-A, Plat H-37-D, City of Bozeman, Gallatin County, Montana.
WHEREAS, it is the intent and purpose of both the Owner 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 123 Commercial Drive and legally described
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as Bridger Center Sub, S31, TO1 S, R06 E, Acres 1.81, Tract A-1-A Plat H-37-D City of
Bozeman, Gallatin County, Montana.
2. Improvements
This Agreement specifically includes landscaping improvements as provided in the approved
Site Plan Application #Z-15004 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 owner at Resonon
Inc. 123 Commercial Drive Bozeman MT 59715 or such other address as the Developer shall
Improvements Agreement Pa e 2
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Resonon Site Plan #Z-15004
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 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,
i
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
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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
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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LANDOWNER
By:
Resonon Inc. ,Property Owner
(On behalf ofi (Capacity)
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of January, 2016,before me, the undersigned, a Notary Public for the
State of Montana,personally appeared x i < < }f;mown to me to be the property owner that
executed the within instrument, and acknowledged to me that he executed the same as (insert
capacity) ;�, %— and on behalf of Resonon Inc.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
a
(SEAL) (Printed name)
Notary Public for the State of Montana j
�•'�n;K�N' ALICIAKENNEDY
R
.w "F esiding at
NOTARY PUBLIC for the
-
STATE OF MONTANA My Commission Expires:
SEAL,_,
< Residing at Bozeman,Montana
?� My Commission Expims (Use four digits for expiration year) f'
•' to�w August 04,2019
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Improvements Agreement Pa e 5
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Resonon Site Plan #Z-15004
THE CITY OF BOZEMAN
Wendy Thomas
Director City of Bozeman Community Development
STATE OF MONTANA)
:ss
County of GALLATIN )
On this day of January, 2016, 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, and and affixed my Notarial Seal the
day and year first above written.
(SEAL) (Printed name)
Notary Public for the State of Montana
p,`G�pKENy�O` ALICIA
BN for me Residing at Bozeman
i a; AR""' NOTARY STATE OF MONTANA My Commission Expires: _ C
N; SQL;al Residing at Bozeman,Montana
My Commission Expires (Use four digits for expiration year)
August 04,2019
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EXHIBIT A
Greater Gallatin Contractors Inc.
\r�o+���,� Estimate
c�rxacmas R 257 Hulbert Rd E
s Bozcman,NIT 59718 Data Estimate#
t+..grmtn rea I I atin.com
406-570-3784 6i5;2u15 46
Name/Address
Lanelas and Associates Inc.
Attn:Eric Baker
1019 E Main St,Ste 101
Boorman,MT 59715
Project
Resonon
Description City Cost Total
Mobilization 1 724.50 724.50
Deciduous Trees Completed EMB 5 each 1,220.26 1;220.26
Com leted EMB
Edging 1 161.19 261.19
Weed Fabric 1 323.09 323.09
Mulch 1 377.69 377.69
Sezd Disturbed Areas Approx. 42,000 sf 3.313.32 3.313.32
Irrigation S�stcm 1 1.932.00 1.932.00
Subtotal 9.247,25
Addendum/Alternates:
Boulder (1.5° river rock at entry planter) 1 1.675.90 1,675.90
Additional Trees '{0 2 of 7 Completed 871 92 871.92
Completed ERB
Sub[mal 3.007.64
Landscape Material t 450.04 450.04
Change Order I-Conduit Install 4b 1 1,400.00 IA00.00
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Total
Customer Signature Balance due ® spring kii 149.g1
Phone Fax# 2016 Completion
hl6-570-3 7844 406-388.3485
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Total Amount per estimates= $11,149.81
Total Amount Guaranteed= $16,724.72
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