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HomeMy WebLinkAbout16- 815 Manley Road Site Plan Application Gallatin Park Sub—*Lot 12 SP #Z-14340 Inter-office original to: City of Bozeman Department of Planning&Community Development 20 East Olive Street IMPROVEMENTS AGREEMENT FOR THE BUILDING AT 815 MANLEY ROAD GALLATIN PARK SUBDIVISION LOT 12 SITE PLAN APPLICATION BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this 15th Day of January, 2016, by and between Old Marsh Holdings,PO Box 1167,Bozeman,MT 59771 hereinafter called the"Owner," and the City of Bozeman,a Municipal Corporation of the State of Montana,hereinafter called the "Cit " Y• WHEREAS, it is the intent and purpose of the Developer to meet the conditions of I approval of a Site Plan Application to allow renovations of the existing building and related site improvements on property located at 815 Manley Road, Bozeman, MT and legally described as Gallatin Park Sub,S36,TO S,R05 E,Block 1,Lot 12,Acres 0.534,Plat J-300 Plus Open space,City of Bozeman, Gallatin County, Montana. WHEREAS, it is the intent of the Developer to obtain final occupancy for the building located at 815 Manley Road,Bozeman,MT; 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 li approval of said Site Plan Application. NOW,THEREFORE,in consideration of the mutual covenants and conditions contained herein,it is hereby agreed as follows: '! i 1. Property Description This Agreement pertains to and includes those properties which are designated as M-1 on Im rovements' reement:;::'. ::. Page 1 Gallatin Park Sub —Lot 12 SP #Z-14340 the City of Bozeman Zoning Map,and identified as at 815 Manley Road,Bozeman,MT and let a 1 described as Gallatin Park Sub, S36, T01 S, R05 E. Block 1,Lot 12, Acres 0.534, Plat J-300 Plus Open Space City of Bozeman, Gallatin Count,Montana. 2. Improvements This Agreement specifically includes landscaping, irrigation, and curb striping improvements as provided in the approved Site Plan Application#Z-13260 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 i at any reasonable time. j 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 Old Marsh Holdings,PO E Box 1167, Bozeman, MT 59771or such other address as the Developer shall provide to the City E from time to time, without being completely remedied, satisfied, and discharged, the City may age P i i� Gallatin Park Sub—Lot 12 SP #Z-14340 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,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. Im rovements Agreement ` P Gallatin Park Sub—Lot 12 SP #7.-14340 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. Improvements Agreement ;.:`.,, `. �.:..::: ::...: ..:;: ., .. ...: ..: ,:,.:,....; ;.....::::..,: , ., ,. .._..... :.........:...�.. ... a c Gallatin Park Sub—Lot 12 SP #Z-14340 LANDOWNER By: Old Marsh Holdings, Owner (On behalf of) (Capacity) STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this t day of :� 1 ,2016,before me,the undersigned,a Notary Public for the State of Montana,personal ppeared %1 ( 13 :.gt`1,1 'twn to me to be the landowner that executed the within instrument,and acknowledged to me that he executed the same as (insert capacity) ,( _r C ,( and on behalf of Old Marsh Holdings. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. a,C' ', ,r y t (SEAL) (Printed name) Notary Public for the State of Montana °G AL.ICIAKENNEDY Residingat �o�ws,�Fo NOTARY PUBLIC for the STATE OF MONTANA M Commission Expires: s � y p —�— �n, ,_ Redding at Bozeman,Montane (Use four digits for expiration year) 'A My Commission EVIres August 04,2019 Improvements Agreement Page Gallatin Park Sub—Lot 12 SP #'L-14344 THE CITY OF BOZEMAN Wendy"Thomas Director City of Bozeman Community Development STATE OF MONTANA) :ss County of GALLATIN ) On this ' -today of fCiat-ukCE V0 , 2016, before me, a Notary Public for the State of Montana, personally appeared Wendy Tomas, 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 d affixed my Notarial Seal the day and year first above written. (SEAL) (Printed name) Notary Public for the State of Montana ALICIAKENNEDY Residingat Bozeman 6 O7ARi �dt NOTARY PUBLIC for the — ,t STATE OF MONTANA My Commission Expires: , - .-� Residing at Bozeman,Montana (Use four digits for expiration year) of,off+, My Commission Expires August o4,2Q19 Page 6 Im rovements reement:.:_:.,. Gallatiti Park Sub—Lot 12 SP #Z-14340 EXHIBIT A A,OCHER 1� Archer Construction, Inc. Proposal P.O. Box 1167 01114/16 Bozeman MT 59771 Proposal To by Phase;with Notes (:ONS(11�1(:t70N h RB[.f()DEL]NC Job#199€.19 9 ItemlCost Code Description Amount 199 815 Manley Paving 0-Nona 321000.000 Bases,Ballasts&Paving 2,592.00 323000.000 Site Improvements 168.00 323000.000 Site Improvements 620.00 Phase Total: 3,380.00 Grand Total: 3,380.00 Notes: Materials and Labor to perform the following; ! Asphalt paving of trail and dedicated turnaround to COB Engineering spec-$2,692.00 Curb Painting to indicate hire lane to COB FirelPtanning spec-$168.00 Materials and labor to install(3)Fire lane/no parking signs to COB Fire spec-$620,00 6-1-11-63 Report 01l14116 Page 1 of 01:03 PM Im rovements Agreement Pa e 7 Gallatin Park Sub—Lot 12 SP #Z-14340 Sproul Inc.Land&Hardscaping P.O.Box 913 Bozeman,MT 59771 Dare 1/11/2016 Name/Address Archer ConstnrcGon Dennis Steinho%wr P.U.Box 1167 Bozeman,MT 59771 Description Coy Rate Total Gallatin Park Subdivision,Lai 12 Landscape Improvements Landscape Labor Cos(lncludes: 4,800.00 4,800.00 •Final grading of off areas to be landscaped Installation of all bed edging -installation of all said plant material Installation of all weed fabric Installation of bicycle,rack. Installation ofmalch installation of all native seed -All loader work •All cleanup Amur Mapfe,2"Culiper 10 175A0 1,750.00 Barberry,"Japanese Red",Siff. I 1 .40.00 330.00 Mock Orange,"Blizzard',5g1. 7 28.00 196.00 Ninebark,"Diablo",5aL 6 29.00 174.00 Currant,"Golden",S91. 12 29,00 348.00 Yucca Filamentosa,5g1. 7 21.00 147.00 Shredded Cedar Mulch 13.5 48,00 648.00 Steel lnadscupe edging With rebar 80 2.75 220.00 Weed Fabric,price per square fool 1,350 0,20 27D.00 Native grass seed,"Sireambaok Whealgrav"I lb per 100Dsgf! 5 16.25 81.25 Wced control,2%w cks prior to seeding native grass as per plan speci4rafion 1 450.00 450.00 Bike rack and concrete mounting foundation 1 I55 oD 155.00 Total Phone# 406-581-2682 Office Page 1 Improveirients Agreement :: ':: ::.::...::.:::.''Pa e 8 I Gallatin Park Sub—Lot 12 SP #Z-14140 Sprout Inc.Land&Hardscaping P.O.Box 913 Bozeman,MT 59771 Pala vllrzal6 Name I Address Archer Construction Dennis Steinhouvr P.O.Box 1167 %'Amax,Mr 59771 pasOriptian Qty Rate Total Irrigation halollalimr 1 2,300.00 2,800.00 Installation cost include: .All labor and Palls to install irrigation SW-na -Parts inetude,sptem clock,back0ow assembly,valves,p430,fittings,valve boxes,heads, emilten mid drip robing -Pnrls will be Rninbird Professional grade -PrIcedoes not include Irrigation wmerslub Ott Tram building Total S12,369.25 Phone II 406.5914682 Office Page 2 Total Amount per estimates= $15,749.00 Total Amount Guaranteed=$23,623.50 Improvements reementi .:::.,..