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HomeMy WebLinkAbout16- Great Northern Business Park (Landscaping and Curbing Improvements Send Original to: City of Bozeman Department of Community Development P.O.Box 1230 Bozeman,A4T 59771 IMPROVEMENTS AGREEMENT FOR GREAT NORTHERN BUSINESS PARK SP/COA 614 W GRIFFIN DRIVE (LANDSCAPING & CURBING IMPROVEMENTS) This AGREEMENT is made and entered into this day of 2016, by and between Longshot Equity, LLC, 1871 S 22°d, Suite A, Bozeman, MT A718, hereinafter called the "Developer", and the CITY OF BOZEMAN, a f municipal corporation and political subdivision of the State of Montana, with offices at City Hail, 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 a Site Plan and Certificate of Appropriateness to allow the construction of multiple commercial buildings on Lots 21A & 22 of McChesney Industrial Park Subdivision, Located in Section 1, Township Two South (T2S), Range Five East(115E), PMM, City of Bozeman, Gallatin County, Montana. The project is zoned M-1 (Light Manufacturing District) and is located within the Class I, Frontage,Entryway Corridor District. i WHEREAS, it is the intent of the Developer to obtain occupancy for the building at 614 W Griffin Drive; and �j 4 Great Northern Business Park—Curbing&Landscaping Improvements Agreement(Extension) I WHEREAS, the Certificate of Occupancy for the 614 W Griffin Drive, was tiled prior to the installation of all required improvements and an improvements agreement with financial security was provided for installation of curing and landscaping;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 those properties which are designated as M -1 on the City of Bozeman Zoning Map, and identified as at 614 W Griffin Drive, legally described as Lots 2l A & 22 of McChesney Industrial Park Subdivision, Located in Section 1, Township Two South (US), Range Five East(R5E),PMM, City of Bozeman, Gallatin County, Montana. 2. Improvements This Agreement specifically includes the following improvements for Great Northern Business Park SP/COA: Partial parking lot curbing. The Estirriated Cost of said improvements for these improvements has been estimated by High County Paving, Inc., 5200 Thorpe Road, Belgrade, MT 59714, at Four Thousand Two Hundred Ten and Ninety Cents($4,210.90). The estimate is attached and made a part of this Agreement,as Exhibit"A". Great Northern Business Park—Curbing&Landscaping Improvements Agreement(Extension) 2 Landscaping. The Estimated Cost of said improvements for these improvements has been estimated by Granite Peak Hardscape & Landscalie, 2285 Virginia City Way, Bozeman, MT 59715, at Four Thousand Eighty six and Seventy Five Cents ($4,086.75). The estimate is attached and made a part of this Agreement, as Exhibit"A". 3. Financial Guarantee, Time for Completion of Improvements, Additional restrictions It is the Developer's intent with this Agreement to secure Final Occupancy for 614 W Griffin Drive prior to completion of all required development improvements. Therefore, this Agreement shall be secured by Letter of Credit(Addendum to Promissory Note No.2306406-11) issued by Big Sky Western Bank, 4150 Valley Commons, Bozeman, MT 59718 in the amount of $30,836.85.00 which is acceptable to the City of Bozeman, which is one hundred and fifty (150) percent of the Estimated Cost of the original improvements. The Developer hereby agrees that the following development related improvements shall be installed,inspected, and accepted by the City not latex- than May 15,2016: that the asphalt and landscaping will be installed as required by the site plan in order to avoid default on the method of security. The Developer agrees that no delegation of performance required by this agreement shal I relieve the Developer of any duty to perform or any liability for the breach of that duty to complete said development improvements required for the Great Northern Business Park. Upon submission of frilly documented invoices for the work performed, said work to be inspected and certified for payment by Developer's professional engineers and the City of i 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. Great Northern Business Park—Curbing&Landscaping Improvements Agreement(Extension) 3 4. 1 inpection 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 of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule tinder 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 Longshot Equity, LLC, 1871 S 22"d, Suite A, Bozeman, MT 59718, or such other address as the i 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 j 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 E 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. G. 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 i sustained by any pet-son 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 �j kky l Great Northern Business Park--Curbing&Landscaping Improvements Agreement(Extension) 4 !! i it i 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 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. 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 I i Great Northern Business Park—Curbing&Landscaping Improvements Agreement(Extension) 5 3 i i c i 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 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 Cleric and Recorder at the within 10 business days of the signature of the Community Development Director. I i i i Great Northern Business Paris—Curbing&Landscaping improvements Agreement(Extension) 6 DEVELOPER BY: Jyoo,le- as.5v., ,MEMBER Longshot Equity, LLC STATE OF MONTANA ) :ss County of Gallatin ) On this 9 day of , ufi e-u 2016, before me a Notary Public of the State of Montana, personally appeared �nrtc°e-, bkscwx , 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) (Printed Name Here) K� -P,- 14,' t � jE N I ER 1--if .T j rNGER Notary Public for the State of Montana ,.,. Notary�3a.,,rc C ih ri <.�tclte*of �itarrtt<r, Residing at Y f � t,A I.e. r My Commission Expires:J 3Q7 If a. _�. Tl•'i•v'G-'Forks,ork,1. Mcrit�:tr�a. ""•"' (Use 4 digits for expiration year) ..orl'tr'nissicn E. I i xpro- I Great Northern Business Park—Curbing&Landscaping Improvements Agreement(Extension) 7 i THE CITY OF BOZEMAN BY: WENDY THOMAS, COMMUNITY DEVELOPMENT DIRECTOR CITY OF BOZEMAN STATE OF MONTANA ) :ss County of Gallatin ) On the day of .. �' �. t;����.. , 2016, before me, a Notary Public for the State of Montana,personally appeared Wend homas, 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. (SEAL) ALICIA KENNEDY _ NOTARY PUBLIC for ft (Printed Name Here) [[ rs f 1 STATE OF MONTANA Notary Public for they to of Montana SEAL a. ,e1 Residing at Bozeman,Montana `. t. My C-mmission Wres Residing at C�=.,t yl�4 y August 04,zoos My Commission Expires: , x, c (Use 4 digits for expiration year) Great Northern Business Park—Curbing&Landscaping Improvements Agreement(Extension) 8 EXHIBIT"A" ESTIMATED COST FOR IMPROVEMENTS --------------------------------------------------------------------------------------------------------------------- Date: December 31,2015 Project: Great Northern Business Park,614 W Griffin Drive Developer: Longshot Equity,LLC --------------------------------------------------------------------------------------------------------------------- Improvement Sq. Ft./Ln. Ft Estimated Landscaping See Attached $ 4,086.75 Curbing I 0%of total $ 4,210.90 Sub Total $ 8,297.65 150% $ 12,446.48 Approved by City Engineer's Office Date Great Northern Business Park—Curbing&Landscaping Improvements Agreement(Extension) 9 ' PROPOSAL PAVING,INC. Date 5200 Thorpe Rd ----- Belgrade, MT 59714 4/28/2014 Ph: 406-388-9707 Fax 406-388-0724 To: Work to be performed at: Mountain High Homes Great Northern Offices and Warehouse _ Dan Barnes Bozeman,MT Specifications for proposed job Units Qty Price Total Furnish and install 6 inches of 1.5"minus crushed base rock - Furnish and install 3 inches hot mix asphalt material with heated,vibratory paving machine. SF 22,762 1.85 42,109.70 Compact asphalt to 95%of the theoretical maximum density with vibratory steel drum roller. I tilsfr 1 Note:This proposal may be withdrawn by as if not accepted within 30 days Total $42,109.70 Warranty Payments/Interest/Attorney's Fees This work is covered by a 2 year warranty. Application of all warranty Payment is due in full upon receipt of invoice at the completion of provisions is conditional upon full payment of the contract price. the work.Balances over 30 days may acquire interest at the rate of 1.2"/o per month(15%per annum).If legal action is required to enforce the terms of this contract,the prevailing party will be entitled to recover the reasonable costs of such action,including attorney's fees and the cost of filing and enforcing a construction lien. Respectfully submitted, You are hereby authorized to furnish all material,equipment and labor required to complete the work described in the above proposal for which the undersigned agrees to pay the amount stated in said proposal and according to the terms therefore. (Property Owner/Contractor) (Date) I F ✓ >. `c t:r=';; Ice,1500 PArk View Pl }?t�7; ' �1 {S3 V Y y ° f•.406 57(17�19c �n r7 r yaa r+y'••�,.,r> Yy �` t s ,ti �ti; a irF y E-E; _�� 1 tiP� ZF,.•�tllQr58nQbY�§Hari net - '� ' s , r.,; )n`'" !};tiv 1' ♦-,t 3'`y > '`i} , '' �-x.: 1}y - •!F F 1 d-.. -1. �S i iti WIMP �-; 3'c A •kc lei gor "' �''� Y-F'''� ` - 'J 51 4 f1{� � �!' f r tr V s N }xSSv# 7l � ,� �; tV� Pt 1rlAb,�.S' E?0-`x�3 !�x„ i_kp�.ri1�as `•' 3ti {_ ' �Y,� Attention: Project title:Landscape bid for McChesney Project and cost for Mountain High Homes Inc. mowing and snow removal. 2285 Virginia City Way Bozeman,MT 59715 406-580-0667 d arn©mQuntainhighhomes.net I I '�,���"��'Yrss�� Des n tionj r F!. , x n t66y Una s cep qs n.' '}F.�et4aE.r.Yax7uisi �.`£ 6 Maples 2"caliper 6 $ 185.00 $ 1,110.00 5 Greenspire Lindens 2"caliper 5 $ 165.00 $ 825.00 7 Discovery Elm 2"caliper 7 $ 185.00 $ 1,295.00 9 Tsanti Dogwood 9 $ 25.00 $ 225.00 20 Goldflame spirea 20 $ 24.00 $ 480.00 12 Buffalo Juniper 12 $ 27.00 $ 324.00 8'Austrian Pine 2 $ 175.00 $ 350.00 2700 square feet weed fabric 2700 $ 0.10 $ 270.00 27 yards rock mulch 27 $ 27.00 $ 729.00 40'steel edging 40 $ 2.35 $ 94.00 5000 square feet native seeding 5000 $ 0.05 $ 250.00 21000 square feet sod installed 21000 $ 0.27 $ 5,670.00 skid steer on site for one working week 1 $ 250.00 $ 250.00 labor to install landscape 105 $ 45.00 $ 4,725.00 i Maintenance(Mowing per time would be$85.00,Snow removal per time for lot would be$75.00 and all sidewalks per time would be$65.00.) Subtotal $16,347.00 Tax $ 0.00 Total $16,347.00 i Thank you for your business! 76 \� C�47ton%_ e Work URL C�p�,,ti Ccet 'k'" ( ,e- �ol� ` Sincerely yours, Patrick Thorsen i i E Pave 2 December 16,2015 Irrevocable Letter of Credit#2306403-11 Addendum Beneficiary: City of Bozeman Department of Planning and Community Development Attn: City of Bozeman PO Box 1230 Bozeman MT 59771 To whom it may concern: This writing is an addendum for the account of Longshot Equity,LLC. We hereby authorize you to extend the maturity date to July 1,2016 on the above referenced Irrevocable Letter of Credit on us at sight up to an aggregate amount of Thirty Thousand Eight Hundred Thirty Six Dollars and 85/100,($30,836.85). Drafts drawn under this Letter of Credit must specify the date and the number of the Letter of Credit and must be presented as the identified office below no later than July 1,2016. Drafts under this letter must be accompanied by your certified statement that the client did not complete the required work and further supported by proper documentation and costs that you have had the work completed. This Letter of Credit sets forth in full the terms of our obligations to you,and such undertaking shall not in any way be modified or amplified by any agreement in which this Letter of Credit relates,and any sucli reference shall not be deemed to incorporate herein by reference of any agreement. This Letter of Credit is irrevocable,unconditional and non-assignable. We hereby agree with you that sight drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored at: Big Sky Western Bank 4150 Valley Commons Dr. PO Box 818 Bozeman,MT 59771-0818 Unless otherwise expressly stated,this Letter of Credit is subject to the International Chamber of Commerce,Uniform Customs and Practice for Commercial Documentary; 1993 Revision-International Chamber of Commerce Publication No. 500. Big Sky Western Bank, II Jus in Valley Vice President f ADDENDUM TO PROMISSORY NOTE Borrower(s): Longshot Equity, LLC Lender: Big Sky Western Bank 4150 Valley Commons Drive Bozeman,MT 59718 Promissory Note Number: 2306403 Letter of Credit Number: 23064 03-11 Beneficiary: City of Bozeman Department of Planning and Community Development Amount: $30,836.85 Expiration Date: July 1, 2016 Borrower(s)hereby authorize Big Sky Western Bank to support Letter of Credit Number 2306403-11 in the amount of$30,836.85 with available funds from Promissory Note Number 2306403. Borrower(s) understands that the available funds on Promissory Note Number 2306403 will be decreased by the amount of this Letter of Credit until the Letter of Credit has expired and/or has been satisfied. All other terms and conditions of the original Promissory note remain in full force and effect. Date Borrower(s): Big Sky Western Bank Longshot Equity, LLC By �,D n Lawrence�aiz�s,_M�-n Title Donnie Olsson, Member