HomeMy WebLinkAbout14- Town Pump #8 (Landscaping Improvements) Send Original Co:
City of Bozeman
Department of Community Development
P.O.Box 1230
Bozeman,NIT 59771
IMPROVEMENTS AGREEMENT
FOR
TOWN PUMP#8
(LANDSCAPING IMPROVEMENTS)
This AGREEMENT is made and entered into this day of
` } 2014, 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
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WHEREAS, it is the intent and purpose of the Developer to obtain occupancy for Town
Pump#8; and
WHEREAS, the Final Site Plan for the Town Pump #8, was approved with conditions
which require the installation of landscaping on the site which landscaping is not yet completed;
and
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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
Cottonwood Road; 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 1A, 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.
2. Improvements
This Agreement specifically includes the following improvements for Town Pump#8:
Seeding of grass irrigation, and street trees. The Estimated Cost of said
earthwork,
improvements for these improvements has been estimated at Nineteen Thousand Three Dollars
and Seventy-Five Cents ($19,003.75). The estimate is attached and made a part of this
Agreement, as Exhibit"A".
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Town Pump#S Landscaping Improvements Agreement 2
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3. Financial Guarantee Time for Conioletion 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 $28,505.63 (Cashier's Check No. Ot� E i.t.� ()Q acceptable to the City of
Bozeman, which is one hundred and fifty (150) percent of the Estimated Cost of said
improvements,
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The Developer hereby agrees that all the improvements shall be installed and
completed not later than July 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
Representatives of the City shall have the right to enter upon the property at any
reasonable th-ne 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
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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
sustained by any person or entity in connection with, or on account of the performance of work
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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.
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
Town Pump 48 T,andscaping Improvements Agreement 4
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. Governine 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.
13. Successors
Town Pump#8 Landscaping Improvementss Agreement 5
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.
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Town Pump#8 Landscaping Improvements Agreement 6
DEVELOP '
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BY:
PARK STREET HOLDINGS, LLG
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STATE OF MONTANA )
:ss
County of Gallatin )
On this day of 2014,before me a Notary Public of the State of
Montana,personally appeared C', Cg A WCM , 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.
(SEAL) f:
rcr A.F. MONICA A.BURT (Pr• Name Here)
lAr� 4r M07ARYPt18UCforthe Notar ublic fort a State I'M taua
State of Montana i
SEAL Residing at Butte,Montana 1 Residing a
r��t`� � My Commission Expires ? My Commission Expi•es: Rp
�ebruery 17,2016 ' (Use 4 digits for expiration year
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THE CITY OF BOZEMAN
BY: WE Y THOMAA,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:ss
County of Gallatin )
On the _day of 'U ..)`v''t . 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.
t...•r i/^tit./ �..
(SEAL)
r, -.. (Printed Name Here)
.... .......... .=I Notary Public for the State of Montana
; : ^, . r, 1-1
Residing at .a,, -Y (\, t\
i My Commission Expires: fit` '
__...._... ....... �._..._. _�.............4 (Use 4 digits for expiration year)
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EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
Town Pump#8
Landscaping Improvements Construction Cost Estimate& Bonding Amount
ITEM Unit
No ITEM DESCRIPTION Quantity unit Price Subtotal
Landscaping-On site seeding
10 Grass Seed 64,625 SF $0.16 $8.193,75
Landscaping-Cottonwood Boulevard
20 Earthwork 1 LS $750.00 $760.00
21 Top soil 110 CY $25.00 $2,750.00
22 irrigation 0.13 AC $37,000,00 $4,810.00
23 Strcet Trees 10 EA $250.00 $2,500.00
Roadway Widening Improvements Total $19,003.75
150%Bonding Amount $28,505.63
Approved 6y City Engineer's Office > `, y '`d Date [ f
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