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HomeMy WebLinkAbout15- Cattail Springs Site Plan Application, Chase Skogen Construction .. Cattail Springs Condos SP 3045 and 3093 N.27tit #Z-14024 IMPROVEMENTS AGREEMENT FOR THE CATTAIL SPRINGS SITE PLAN APPLICATION BOZEMAN, MONTANA THIS AGREEMENT is made and entered into this 2A day of —, 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 two of the four 16-plex structures on property located at 3024 and 3093 North 27th 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 3024 and 3093 North 271h 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 �i OHS the parties hereto, to satisfy the improvements and guarantee requirements for the conditional approval of said Site Plan Application. U. NOW,THEREFORE,in consideration of the mutual covenants and conditions contained 0.� 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 U= C=� N� the City of Bozeman Zoning Map, and identified as 3045 and 3093 North 27th Avenue and is legally described as Lots 2 and 3 of the Cattail Creek Subdivision Phase 1, City of Bozeman, ors Gallatin County, Montana. M o-2. Improvements NThis Agreement specifically includes landscaping, barking lot line striping, garage painting, and a Im rovements' reement ... Page 1 Cattail Springs Condos SP 3045 and 3093 N. 27<1 #Z-14024 metal fates for four trash enclosures improvements as provided in the 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 77 improvements Agree Pa e 2 Cattail Springs Condos SP 3045 and 3093 N. 270' #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. b. 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 counsel including Improvements Agreement` ; . . :.: :: '' Pa e`3 Cattail Springs Condos SP 3045 and 3093 N.27rh #Z-14024 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. Improvements reement ' c°. ::: ;: Cattail Springs Condos SP 3045 and 3093 N.27th #7-14024 CORPORATION Vi Chase Skogen Construction, (Capacity) STATE OF MONTANA) :ss County of GALLATIN ) On this day of , 2015,before me,the undersigned, a Notaryfl-eSi&t ublic for the State of Montana,personally appeared Mike Skogen,known tome to be the ', l 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 fist above written. q �KOENIG (Printed name) Notary Public Notary Public for the State of Montana `yp�n:31��;G=_for the State of Montana Residing at Residing at: ;EAL,.�,: Belgrade, Montana My Commission Expires: M Commission Expires: 'fioF'rn0�,`,� y August 15,aoi� ! (Use four digits for expiration year) „ -- Ints reement ,.: pioir�me : :::. :::................... .. ...:.:.. : ...:.....Pale 5 Cattail Springs Condos SP 3045 and 3093 N.271a #Z-14024 THE CITY OF BOZEMAN Wendy Thomas,Director City of Bozeman Community Development STATE OF MONTANA) :ss County of GALLATIN ) On this '9--\ day ofP-C-e , 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. f Y KOENIG `���!•""•"�c2,(S otary Public (Printed name) for th©State of Montana Notary Public for the State of Montana _ - - Residing at: Residing at Bozeman N• Sl.,rri :� Belgrade_ Montana Commission Expires: My Commission Expires: ., ,oFinlfo � august 15,2017 (Use four digits for expiration year) Cattail Springs Condos SP 3045 and 3093 N. 271h #Z-14024 EXHIBIT A MOSSCUIRK LANDSCAPES,INC. Estimate 76 Garnet Ln. Belgrade,MT 59714 Date Estimate _ s 679 Name/Address r t Chasc/Skogen Homes 2149 Dmshm Rd H 31 l i })}• " Bozeman,MT 59718 a �o-ry ply Desctlptlon Total LANDSCAPE&SPRINKLBR PROPOSAL-3093 N,27th Ave- ! Automatic Raiebird Spsinlder System w/drip system for pleating beds 9,925.00 14,500 Kentucky Blucgrass sod installed w/finish grade 6,525.00 550 SteelBdging ],650.00 3,950 1 112"Washed Oravel over lWar weed fabric 1,975.00 4 Evergreen Trees(6) 600.00 22 Deeidluous Trees(1,5"CAL) 3,300.00 138 Shcobs(2 gal) 5.036.0 3 Moss Boulders(Y) 510.00 60 Screened Black Topsoil(CY) 600.00 PAYMENT:Upon acceptance 12 of total balance Is due,end final 1/2 due ao later than 30 days aftarptojeet completion.Any unpaid balance is subject to late fees andlor finance Total $28,121.00 chnrgcs,A Pinaacc charge of 1.5%(1 8%ANNUM)will be charged on accounts past 30 days. :Im rovemtents Agreement .:'.. Page 7 Cattail Springs Condos SP 3045 and 3093 N.27th #Z-14024 High Country Paving,Inc. Invoice Belgrade,MT 59714 Date Invoke# Ph: 406-388-9707 12115l2015 3129 Bill To Job Locallon Cbase Skogen Construction,Inc Cattail Condos 2149 W Durston 431 Bozeman,MT Dommsn,MT 59718 Towns 101h of month Descrlptlon Qty Rate Amount Line Striping - - --- -- 250.00 250.00 I Thank you for your business.Please remit to above address. Total azw.00 Im rovements reement ........ ... . . Cattail Springs Condos SP 3045 and 3093 N. 27th #Z-14024 Chase Skogen Construction,Inc. Invoice 2149 W Durston#31 Bozeman,MT 59718 Date invnica c 1v16r2o1s sae Bill To seven Ox seven 2149 W Dnrston#31 Bozevnan,Mr 59718 3045 N 27th P.O.No, TeIFn5 ProJart extra Quantity Descdptlon Rate Antouat 0. Mefal gate for trash enc€osures 375.00 E,500.00 3I G Total $1,500.00 d Y I! Improvements Agreement.. :' .. .. .. .....'Pa 9.:: Cattail Springs Condos SP 3045 and 3093 N.27Ua ` #Z-14024 Lovelace Painting,Inc. Invoice 328 Hanley Ave Bozeman,MT 59718 Date Invoice a 12/10/2015 3 Bill To Shlp To Chase Skogen Hames 2149 W Dursion#31 Homman,MT 59718 P.O.Number Terms Rep Ship Via F.O.B. Project €2110120€5 Quantity Item Coda Description PricoEach Amount 1 24 Paint Painting 3045 M 27th Garages 4,000.00 4,0W.00 I r I I Total $4.000.00 �i Improvements Agreement .. : Page 10 j� J Cattail Sprin s Condos SP 3045 and 3093 N.27th #Z-1 0024 MOSSCREEK LANDSCAPES,WC. Estimate 76 Gamet Ln. Belgrade,MT 59714 Date Esltmale I 679 Name/Address Chase/Skogen Homes , 2149 Durston Rd d 31 Boumau,MT59718N Lj_ fi aty Description Total LANDSCAPE&SPRINKLER PROPOSAL-3 OWN.271h Ava- 1 Automatic Rainbird Sprinkler System 4,458.00 12,000 Kentucky Bluegrass sad installed w/finish grade 5,400.00 5001 Steel Edging 1,500.00 3,950 1 W"Washed Gravel aver Typar weed fabric 1,975.00 0 Evergreen Trees(6) 090 _ 22 Deciduous Trees(1.5"CAL) 3,300.00 136 Shrubs(2 gal) 2,992.00 4 Moss Boulders(Y) 680.00 I i =I PAYMENT;Upon acceptance U2 oftotal balance is due,and final 1/2 duo no later than 30 days atterproject completion.Anyunpaid balance is subject to late fees and/or fine aee Total charges.A Finance charge of 1.5%(18%ANNUM)will be charged on accounts past 30 $20,305.00 days. Total Amount for Remaining Improvements per Estimates= $54,176.00 Total Amount Guaranteed= $81,500.00 Improvements Agreement '--Page 11 �I f i i= 4