HomeMy WebLinkAbout14- Town Pump #8 (Cottonwood Road Improvements) Send(Id ' al to:
City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,MT 59771
IMPROVEMENTS AGREEMENT
FOR
TOWN PUMP##8
(COTTONWOOD ROAD IMPROVEMENTS)
This AGREEMENT is made and entered into this day of
12014, by and between PARK STREET HOLDING, 600 S. Main
Street, Butte MT 59701, 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
Conditional Use Permit approval, Planning Application Nos. Z13132 and Z14289, for the
construction of an automotive fueling station and retail store at 5050 S. Cottonwood Road;and
WHEREAS, it is the intent and purpose of the Developer to obtain occupancy for Town
Pump 48; and
WHEREAS, the Final Site Plan for the Town Pump #8, was approved with conditions
which require the installation of street improvements to Cottonwood Road which improvements
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are not yet completed;and
Town Pump#8 Cottonwood Road Expansion Improvements Agreement 1
WHEREAS, the municipal code of the City of Bozeman allows for occupancy of a
building to be granted prior to completion of all required work filed prior to the installation of all
required improvements with an improvements agreement with financial security; and
WHEREAS, a separate improvements agreement has been prepared for improvements to
landscaping related to the project; and
WHEREAS, the City of Bozeman has committed transportation impact fee funds to pay
for a portion of the widening of Cottonwood Road and the City funded portion of the project
does not require a financial guarantee and therefore this improvements agreement is only for the
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project related improvements; 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
remaining required improvements related with the property hereinafter described; and it is the
intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee
requirements for the occupancy approval of Town Pump#8.
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 and
identified as being:
Lot IA, Minor Subdivision No. 454A, according to the plat thereof, on file and of record in the
office of the Clerk and Recorder, Gallatin County, Montana. Address is 5050 S. Cottonwood
Road.
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2. Improvements
This Agreement specifically includes the following improvements for Town Pump#8:
Town Pump#8 Cottonwood Road Expansion Improvements Agreement 2
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Expansion of Cottonwood Road, stormwater controls, and improvements to the traffic signal at
Huffine Lane and Cottonwood Road. The Estimated Cost of said improvements for these
improvements has been estimated at Two Hundred Two Thousand Six Hundred Ninety-Seven
Dollars and Seventy-Eight Cents ($202,697.78). The estimate is attached and made a part of
this Agreement, as Exhibit"A".
3. Financial Guarantee, Ttme for Completion of Improvements, Additional
restrictions
It is the Developer's intent with this Agreement to obtain occupancy of the building prior
to completion of all improvements. Therefore, this Agreement shall be secured by cashiers
check for $304,046.67 (Cashiers Check No. ft,?) 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 all the improvements shall be installed and
completed not later than October 1, 2015 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 subdivision improvements required for the Town Pump#8.
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
Town Punzp#8 Cottonwood Road Expansion Improvements Agreement 3
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.
S. 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 Park
Street Holdings, 600 S. Main St. Butte MT 59701, 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
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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
Town Pump#8 Cottonwood Road Expansion Improvements Agreement 4
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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 attorneys 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 Assi2nnient
Town Pump#8 Cottonwood Road Expansion Improvements Agreement 5
It is expressly agreed that the Developer shall not assign this Agreement in whole, or in
pail, 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.
Town Punip 98 Cottonwood Road Expansion Improvements Agreement 6
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DEVELOPER
PARK STREET HOLD1NG5-, LLG
STATE OF MONTANA )
:ss
County of Gallatin )
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On this day of (�}l?� ;2014, 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.
(SEALI
MONICA A.BURL
Print acne ere
NOTARY PUBLIC for the
;�`'•",< State ct Montana
SEp,I Res',ding at butte,Montana Notary Public or t e State of M n1ana
tAy Commiss'on Expires Residing at
�FC f14 EebruVY 17,2016 I My Commission Expires: 8
{Use 4 digits for expiration y at)
'rown hump#8 Cottonwood Road Expansion 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 i t; a El_E ? 2014, 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.
4 1
(SEAL)
' (Printed Name Here)
Notary Public for the State of Montana
Residing at
My Commission Expires: t- 1
(Use 4 digits for expiation y(iar)
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Town Pump#8 Cottonwood Road Expansion Improvements Agreement 8
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EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
Cottonwood Improvements for Town Pump#8
Public infrastructure Improvements Preliminary Cost Estimate& Bonding Amount
Town Pump Share
ITEM Unit
No. ITEM DESCRIPTION Quantity: Unit . Price Subtofal
Rawa
ly
10 Pavement Sawcut 1,064 LF $1.75 $1,862.00
11 Asphalt Removal&Disposal Off-Site 1,064 SF $1,50 $1,696.00
12 Clear&Grub(9"Stripping)Dispose Off Site 30,838 SF $0.18 $5,550.84
13 Excavation 29"[Jeep-Dispose off-site 2,315 CY $6.50 $15.047.50
14 Ernbankment-On Site Material 609 CY $4.25 $2,585,26
16 Curb&Clutter 590 LF $12.75. $7,522,50
16 Asphalt(5"thickness) 28,040 SF $1.80 $50,472.00
17 1 112"minus crushed gravel base course(6"thick) 520 CY $24.00 $12,480.00
18 6"minus uncrusbed sub-base course(18"thick) 1,660 CY $18.00 $28,080.00
19 Woven Geofabric 3,116 SY $2.60 $7,788.89
20 PCC Sidewalk(6"M-4000 concrete, 3"gravel base) 156 SF $7.50 $1,170.00
21 Pedestrian Ramp(PCC) 98 SF $7.50 $660.00
22 Detectable Warning Surface-5'Wide 2 EA $550,00 $1,100.00
23 Curb Inlet 1 EA $3,250.00 $3,260.00
23 Signage 4 EA $475.00 $1,900,00
24 Topsoil-Boulevard (6"depth,bivd&slopea) 26 CY $22.00 $572.00
25 Remove ext'g striping
a.8"White Epoxy 931 LF $1.50 $1,396.50
b.24"White Thermoplastic 29 LF $22.50 $662,50
c. 24"White Epoxy 44 LF $5.00 $220,00
d-"ONLY"Text and Turn Arrow Thermoplastic 3 EA $50.00 $150,00
e.4"Double Yellow Epoxy 1,122 LF $1.00 $1,122.00
f,24"Yellow Epoxy 93 LF $5,00 $465.00
26 4"White Epoxy 921 LF $1,00 $021,00
27 4"White Dashed Epoxy(10'.Lines, IS'Spacing) 020 LF $1.00 $920,00
28 8"wide Solid White Inlaid Thermoplastic 564 LF $8.70 $4,906,80
29 24"wide Solid White Inlaid Tl ermoplastlo 100 LF $32.00 $6,272.00
30 4"Double Yellow Epoxy I'm LF $2 00 $2,198.00
31 24"Yellow Epoxy 94 LF $36.00 $3,384.00
32 White Thermoplastic Symbols 10 EA $325,00 $3,250,00
33 Traffic Signal Modificatoins 0A LS $88,000,00 $35,200.00
Roaalway Widening Improvements Total $202,697.78
160%Bonding Amount $304,046.47
Approved by City Engineer's Offi Date if
Town Pump#8 Cottonwood Road Expansion Improvements Agreement 9