HomeMy WebLinkAbout15- Walton Homestead Office Building B by Oakway, LLC City of Bozeman-City Clerk
P.O. Box 1230
Bozeman, MT 59771-1230
IMPROVEMENTS AGREEMENT FOR
WALTON HOMESTEAD OFFICE BUILDING B SPICOA
1276 N 15m AVENUE
(LANDSCAPING IMPROVEMEN,rs)
i
� I
This AGREEMENT is made and entered into this day of
2015 y, by and between Oakwa , LLC, 1276 N 15th Avenue, Suite 103,
Bozeman, MT 59715, 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 a Site
Plan and Certificate of Appropriateness to allow the construction of a commercial building on
Lot 21,Block 7,Walton Homestead,Phase 2 Subdivision, located in the Northwest One-Quarter
(NW 1/) of Section 1, Township Two South (T2S), Range Five East (R5E), P.M.M, City of
Bozeman, Gallatin County, Montana. The project is zoned R-O (Residential Office District) and
is located within Class I Entryway Corridor District.
WHEREAS, it is the intent of the Developer to obtain occupancy for the building at
1276 N 15a'Avenue(building B); and
N
It
I�
t
Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 1
J
7
Y
3
S
WHEREAS, the Certificate of Occupancy for Building "B" addressed at 1276 N IP
Avenue, was filed prior to the installation of all required improvements and an improvements
agreement with financial security was provided for installation of 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 R-O on the City of
Bozeman Zoning Map, and identified as Building "A" at 1276 N 15"' Avenue, legally described
as Lot 21, Block 7, Walton Homestead, Phase 2 Subdivision, located in the Northwest One-
Quarter(NW %) of Section 1, Township Two South(T2S), Range Five East (R5E), P.M.M, City
of Bozeinan, Gallatin County,Montana.
2. improvements
This Agreement specifically includes the following improvements for Walton Homestead
Subdivision/PUD SP/COA:
Landscaping. The Estimated Cost of said improvements for these improvements has been
estimated by Cashman Nursery & Landscape, PO Box 10242, Bozeman, MT 59771, at
Nineteen Thousand Six Hundred Seventy Five and No Cents ($I9,675.00). The estimate is
attached and made a part of this Agreement, as Exhibit"A".
Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 2
3. Financial Guarantee, Time for Completion of Improvements, Additional
restrictions
It is the Developer's intent with this Agreement to secure Final Occupancy for 1276 N
15th Avenue prior to completion of all required development improvements. Therefore, this
Agreement shall be secured by Cash ($29,512,00) which is 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 the following development related improvements
shall be installed, inspected, and accepted by the City not later than August 31, 2015: that
i
the landscaping will be installed as required by the site plan in order to avoid default on the
method of security. 1
i
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 development improvements required for the Walton Homestead Building A
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
I
Bozeman and or its agents as necessary, the City of Bozeman may release a portion of the letter
f
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 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
,.
1
inspect the property at any reasonable time.
II
I
ro
Walton Homestead Site Plan/COA—Landscaping improvements Agreement 3 j
3
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 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
Oakway, LLC, 1276 N 15"' Avenue, Suite 103, 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
Developer shall permit and secure any additional permission required to enable
them to do so. In the event that any fiends 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
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.
Walton Homestead Site flan/COA—Landscaping Improvements Agreement 4
7. Attornev 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 peiiod 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.
i
11. Invalid Provision
The invalidity or unenforecability of any provision of this Agreement shall not affect the
r
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
pail, without prior written consent to City.
Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 5 �
a
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.
Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 6
DEVELOPER
BY: KEVIN COOK MEMBER
OAKWAY,LLC
STATE OF MONTANA )
:ss
County of Gallatin )
On this�day of .,J L,zM , 2015, before me a Notary Public of the State of
Montana, personally appeared J<c vtto l ceo_>& , 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.
i
JUDITH THEIS
NOTARY PUBLIC for the J�b r'rt4 rK Cf 5
°'�•NpSARLi<S State of Montana (Printed Name Here)
SEAL Residing of Notary Public for the State of Montana
My Livingston, ntana es g �-1 d 1 o g S r y Aj M T-
Residing at `
August 22,201$ My Commission Expires:
(Use
(Use 4 digits for expiration year)
I
I
Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 7
s
THE CITY OF BOZEMAN
BY: WENDY THOMAS,
COMMUNITY DEVELOPMENT DIRECTOR
CITY OF BOZEMAN
STATE OF MONTANA )
:SS
County of Gallatin40
)
On the 0 0 day of , 2015,before me, a Notary Public for the
State of Montana, personally appealvh 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.
(SEAL)
At ES NotaN (P tinted Name Here)
�NM9i` ?ubll ontana
Slate of M Public foT the State of Montana
X'%oTARJAt sN r�aglding at' a esidin a
_. a f3efgrade,Montana g
y mrrmcss'on expires: y Commission. 7 ;
=,q7 `� �'sul 22� Use 4 di foir;. x
Fc,�pa v gib e. piratian.
Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 8
EXHIBIT "A"
ESTIMATED COST FOR IMPROVEMENTS
---------------------------------------------------------------------------------------------------------------------
Date: July 29,2015
Project: Walton Homestead Business Park, Building B, 1276 N 15'h Avenue
Developer: Oakway, LLC
---------------------------------------------------------------------------------------------------------------------
Improvement Sq. Ft./I.,n. Ft Estimated
Landscaping(only building B) See Attached $ 19,675.00
Sub Total $ 19,675.00
150% $ 29,512.00
Approved by City Engineer's Office .. z.-' Date
1
r
f
f
t
t
I
r
r
Walton Homestead Site Plan/COA—Landscaping Improvements Agreement 9 C