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Home My WebLink About15- 1919 W. Main Site Plan Application City of,Bozeman-City Clerk i P.O. Box 1230 Bozeman, MT 59771-1230 11919 AV. Nrau, sP #7..-15052 IMPROVEMENTS AGREEMENT FOR THE 1919 W.MAIN SITE PLAN APPLICATION BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this day ofbYAn�W2015, by and between Dick Anderson Construction, 4498 Jackrabbit Lane., Bozeman, MT 59719 hercinafter 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 the commercial triplex on property located at 1919 W. Main Street 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 building at 1919 W.Main Street; 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 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 B-2 on the City of Bozeman Zoning Map, and identified as CVS 19th& Main Condo, S11, T02 S, R05 E, lot 2A Blk 8 West Park Manor 1 st Add Condo Master, City of Bozeman, Gallatin Count Montana. 2. Improvements This Agreement specifically includes landscaping, planter boxes, and sculpture improvements as j i i i 1 Improvements reement i 2534413 Page: 1 of 9 12131/2016 10:15:36 AM Fee: $63.00 j tlll III I��(A�III IIII��I IIIII f�lll IIII�IIIII�1��III IIII�Ili�I ills Gallatin Ca t MT IMP I 3 s 1919 W. Main SP #Z-15052 provided in the approved Final Site Plan#Z-15052 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 Dick Anderson Construction,4498 Jackrabbit Lane.,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 j 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 3 Improvements Agreement ;............ . .... .. ..... Page 2 t i. 1919 W. Main SP #7.-15052 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. S. 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 City Attorney. Improvements Agreement Page 3 1919 W. Main SP #Z-15052 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 1919 W. Main SP #"L-15052 CORPORATION / Dick Anderson Constitiction, (Capacity) STATE OF MONTANA) :ss County of GALLATIN ) On thin clay of�_ - t';},= ; - 2015,before me, the undersigned, a Notary Public for the State _... known to me to be the of Montana, personally appeared.`k e� .h-t`C�l"°�'1fN t- of Dick Anderson 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 first above written. f (SEAL) (Printed name) ALICIA}fNNEDY Notary Public for the State of Montana 6N NOTARY PUBLIC for the Residing at .� ' -�`,m r) St+AI g STATE OF MONTANA ,. „��{ Residing at Bozeman,Montana My Commission Expires:' - f C.0 `- ,•'a�`� My Commission F)OM August o4,2ofa (Use four digits for expiration year) Improvements Agreement 1919 W. Main SP #Z-15052 THE CITY OF BOZEMAN Wendy Thomas, Director City of Bozeman Community Development STATE OF MONTANA) :ss County of GALLATIN ) On this t 0 day of 1" ;ref ;r2015, 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 myjand_aad.affixed my Notarial Seal the day and year first above written. t .-- (SEAL) (Printed name) ---------- Notary Public for the State of Mon Ana ,o4'.NpKElyy,,, ALICIAIC !+ EDY . p7ARl,�°cl NOTARY PVI—i_IC i„c Ehe Residing at Bozeman srAr o: ,.:? (Use four digits for expiration F SEAS, a AEm M Commission Expires:Nam. ,� Residing e;'}xc ..e;,±Y3o11tdR My rr..... . . ;: a tion year) m rovements reemeiit :: :..:...:: .. .. a e 6I II I I E 1919 W. Main SP #Z-15052 EXHIBIT A Greater Gallatin Contractors, Inc. 1919 Main St-Landscape/irrigation Dick Anderson Construction Item City Unit Cost Mobilization Landscape Material ; 6,970.00 Top Soil 38 yds Match 28 yds Sod 4989 sqR Plastic Edging 250 If Weed Fabric 2000 sgft Staples too ct Ornamental Trees = 775.00 Dwarf Crabapple 3 ea Red Jewel Crabapple 2 ea Spring Snow Crabapple 1 ea Shrubs 3,719.00 Fragrant Sumac EverbioomingRoser ee ,;•. Perennials 'c. R,512.00 Snow In Summer '••k"12 Blanket Flower 24 Dayilily ...,;,;,._!:,9g ell'. ,,.•.; , Vatigated Sweet fds a8''.:.'.,;:,,.:•.:`_"�a,: Catmint 44-= Sedum Mix 28 p Ornamental Grass ti 002.00 Tufted Hairgress 30 ea Irrigation 4,347.00 Total Bid Cost ; 10,925.00 Note;Bid based off of plan set dated 712f15.Any additional top soil will be;221yard delivered and placed.Bid does not include any metal planter beds,bikes racks or benches, Greater Gallatin Contractors,lnc.*406-570-3784*Www.greatergallatin,com Page 1 Improvements Agreement Page 7 1919 W.Main SP #Z-15052 kykniture FABRICATION Date: December 1,2015 Quote tf 15-120 ve,tt�xc-Eol-ni<.'-tjic''s r° Dick Anderson Construction 2G; lit li? 4498 Jackrabbit ln. 13eis_tttt�i4 tJl l 101,14 Bozeman,MT 59718 Contact Job/Protect Pcvne It Terms Quoin good for. - --........_.._._...__..._..._.. .. .._...-- -- - . — -- Joel Sprecher 1919 West Main Sculpture 30 days from receipt - j Qty Description - Unit Price _- - Unerotol - - - .........- _ .......- .— proposal to fabricate andlnstall metol sculpture per defallslptons as I ^ per Comma Q Architecture,Including materials and powder coat $2675.00 finish I._.._._..__._........__.....-------- ..__.___............_...-..-.._._.-..----- .. ......_..__.._ . __..._..._._...___...___._._...�._..__........_. _ Sublotal $2675.00 Please sign end dale to accept quote as noted: Soles Tax 10101 $2673.00 J Thank you for the opportunity to quote your project. Venture fabrication 201 South WeaverUnit B.Belgrade,MT 59714 Phone:i406.599.49311 fax 1406.294.40511 venturefabshcp@gmall.com Improvements Agreement ms Page n W. Maid SP #Z-15052 �e TW Welding and Fabrication Inn, P30 N.Boundary P.O.Box 1007 West Yeltowstons,Mt 5975E phone 406.646.7267 twweld@msn.com 12-17-15 To:Dick Anderson Construction Bozeman,Mt 59715 Project;1919 W.Main Bozeman,Mt59715 Steel Planter Boxes Total Cost$5,800.00 Thank you, Trent White Total Amount for Remaining Improvements per Estimates= $26,900.00 Total Amount Guaranteed $40,350.00 Improvements Agireement i