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HomeMy WebLinkAbout16- Resurrection Parish Catholic Church Addition Plan Application Resurrectiop Parish..Cathbiichureh Adtlitinn. =: :.: GUP/VAR.#Z-10356 IMPROVEMENTS AGREEMENT FOR THE RESURRECTION PARISH CATHOLIC CHURCH ADDITION FINAL SITE PLAN APPLICATION BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this day of ,2016, by and between Resurrection Parish Catholic Church-1725 S 11 to Avenue, Bozeman, MT 59715 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 construction of an addition of the existing Church and ' associated site improvements on property located at 1725 S 11 to Avenue and legally described as Lot 11A Tai Lane Subdivision, City of Bozeman, Gallatin County, Montana. WHEREAS, it is the intent of the Developer to obtain occupancy for the addition at 172.5 S 11t"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 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 R4 on the City of Bozeman Zoning Map, and identified as 1725 S 11 th Avenue and legally described as Lot 11 A Tai Lane Subdivision, City of Bozeman, Gallatin County, Montana. 3� ee en I Res.u.'rrect�o��:P.arisl .CatlColic;:Church:°Addstiart: ;::,; ;:::.:::: :..::..:; :.:. :UELdAR# 1o356:.:.:.:: 2. Improvements This Agreement specifically includes the Landscaping and Irrigation improvements required as pLovided in the approved Site Plan CUP/VAR#Z-10356 and rovided 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. The Estimated Cost of said improvements has been estimated by Cashman Nursery and Landscaping, PO Box 10242, Bozeman, MT 59719, at Thirty Thousand, Three Hundred and Thirty Dollars and Zero Cents ($30,330.00). The estimate is attached and made a part of this Agreement, as Exhibit"A". It is the Developer's intent with this Agreement to file the Final Plat prior to completion of all required subdivision improvements. Therefore,this Agreement shall be secured by a Cashier's Check for an amount not to exceed $45,495.00 acceptable to the City of Bozeman, which is one hundred and fifty(150)percent of the Estimated Cost of said improvements. 4. Inspection E 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. Tm r4ye�ent� teeuzent Pa & Resurrection:Parish t?atholie;-hfi ch Add'tion :::i: ; :.. ::::-;.: ':: ::<.::::`: ;GURIVAR#Z=10356.;,:.21 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 Resurrection Parish Catholic Church-1725 S 11"' Avenue Bozeman MT 59715 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 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 f 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 F year from the date of their written acceptance by the Governing Body. The Developer i acknowledges that the required landscaping must be maintained in a healthy, growing condition I.J rgvenients A''� reeinent Age�3 i I� i Resun'ect�on.:Parish.Catholic Church.Addit#on:: ;', CUP%VAR#Z-10356.. 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 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, ensure to the s benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. E t Irn rdveiitiets: eeirient . `: Pa-e,4, CUP/VAR 0 :0356:::':.`'.'': Resurrection Parish Catholic Church 1725 S I1t"Avenue, Bozeman, MT 59715 STATE OF MONTANA) :ss County of GALLATIN ) On this I Al day of U7 ,2016,before me,the undersigned, a Notary Public for the State of Mo tana,personally appeared. t: 1� �f`k ?cl.11 k , known to me to be the A'5 Tom of Resurrection Parish Catholic Church, that executed the within instrument,and acknowledged to me that he executed the same for and on behalf of Resurrection Parish Catholic Church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. " CHRIS BUDESKI Chris Budeski .30. S suo�s - �SE Q)ary Public (Printed name) NO7aRrq4. f r the State of Montana Notary Public for the State of Montana g *' SEAL:'*' Residing at: oF'r�oP2e, Commission Expire Residing at Bozeman MT My November 26,eat 9 My Commission Expires:November 26,20I 9 (Use four digits for expiration year) i i I Im roveti�eiti#t .• teenient ...:; . ;, ,. Pa 'e 5 °Resurrection:Parish::Cathol .: ........:. .... Gi7P/VAR#tZ=1035b' THE CITY OF BOZEMAN 4-3 Wendy Thomas Director City of Bozeman Community DeveloptnciA STATE OF MONTANA) :ss County of GALLATIN ) On this t�day of iY 2016, before me, a Notary Public for the State of Montana, personally appeared Wendy Tho as, 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 handLAnd affixed my Notarial Seal the day and year first above written. �- Uvv"h R = (Printed name) ALtCiA KENNEDY Notary Public for the State of Montana NOTARY PUBLIC for the STATE OF MONTANA Residing at Bozeman SEAL lJ . N ,a Residing at Bozeman,Montana My Commission Expires: �. = My Commission Expires August 04,zote (Use four digits for expiration year) i I Im rQ�rem`ets xe4eint :''. -.:: Page 6 Exhibit A Resurrection Parish Catholic Church 2/3/2016 Landscaping&Irrigation Improvements Estimated Construction Cost ITEM No. ITEM DESCRIPTION Quantity Unit Unit Price Sub Total Landscaping 10 Norway Maple 1.5"bare root 8 EA $110.00 $880.00 11 Burr Oak 1.5"#10 container 12 EA $150.00 $1,800,00 12 Prairie Spire Ash 1.5"bare root 5 EA $120.00 $600.00 13 Colorado Spruce 8' B&B 13 EA $300.00 $3,900.00 14 Canada Red Cherry 1-1.5"bare root 4 EA $100.00 $400.00 15 Welchi Juniper#5 container 21 EA $50.00 $1,050.00 16 Labor to Plant 1 EA $4,000.00 $4,000.00 17 Mulch tree rings 18"diameter 1 LS $400.00 $400.00 18 Staking and staking materials 1 LS $900.00 $900.00 19 Sod. Preparation, lay sod and labor 30,000 SF $0.30 $9,000.00 20 Black knight edging. Material and installation 400 LF $2.00 $800.00 Landscape Rock-1.5" Material and installation 16 CY $100.00 $1,600,00 Irrigation 30 Install new irrigation system 1 LS $5,000.00 $5,000.00 Estimated Construction Cost $30,330.00 150%Bonding $45,495.00 Approved by City Engineer's Once y>� Date :' ✓' .. I i i Resurrection Parish Landscape and Irrigation Estimated Construction Costs Page 7 of 7 MT Planning MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: DEPARTMENT OF COMMUNITY DEVELOPMENT, ADMIN. STAFF FINANCE DIVISION,TREASURER FROM: v. RE: y.'t a�(Yl 2,r;�h C�4''w' r�� -Rt1CJS��f�rl1c� n U SUNGARD PROJECT: ~ ADDRESS: r✓7-2S- 5• f J-74& / vend q. DATE: ols I&of GUARANTEE: CASH LOC BOND IDENTIFYING #: GUARANTEE INSTITUTION: Re-5 urrec- -'Do cG"wl�G C hu rc,h INSTITUTION ADDRESS: l 1 I:L- r1u2 Bcj7e-moo, MT 5q 7/5— GUARANTOR: Res to r re c�(Ot'1__ Po n'M� CGS-\ o`+ c `-ul x(-c,h GUARANTOR ADDRESS: I'�o�S S• N E/�f1 l�-Q OZeN'��+r� 7/S-- i 3 N' I a 0 W NESao : o eo a Tin: 406-582-2301 THE MOST LIVABLE PLACE.