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HomeMy WebLinkAbout16- Improvements Agreement - B&K Holdings - 108 Bridger Center Drive Master Site Plan Application 108 iBridger Center Drive #Z-07119B Inter-office original to: City of Bozeman Department of Planning&Community Development 20 East Olive Street IMPROVEMENTS AGREEMENT FOR THE BUILDING AT 108 BRIDGER CENTER DRIVE MASTER SITE PLAN APPLICATION BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this 29th Day of July,2016,by and between B &K Holdings LLC, P.O. Box 93, Bozeman, MT 59771 hereinafter called the"Owner," 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 Master Site Plan Application to allow renovations of the existing building and related site improvements on property located at 108 Bridger Center Drive, Bozeman, MT and legally described as Bridger Center Subdivision S31 T01 S R05 E Block 2 Lot 1 2 3 & 4 Plat H-37E City of Bozeman, Gallatin County, Montana. WHEREAS, it is the intent of the Developer to obtain final occupancy for the building located at 108 Bridger Center Drive, Bozeman, MT; 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 M-1 on the City of Bozeman Zoning Map, and identified as at 108 Bridger Center Drive, Bozeman, MT described as Bridger Center Subdivision S31 T01 S R05 E Block 2 Lot 1 2 3 & 4 Plat H-37E City of Improvements Agreement Page 1'= 108 Bridger Center Drive #Z-07119B Bozeman, Gallatin County, Montana. 2. Improvements This Agreement specifically includes the screening of mechanical equipment as detailed in Master Site Plan Application #Z-07119B 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 owner at B &K Holdings LLC,P.O. Box 93,Bozeman,MT 59771or 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 Improvements Agreement Page 2 108:Brid er Center Drive #Z-07119B 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, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. Improvements Agreement Page 4 108 Bridger Center Drive #Z-07119B 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 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 master site plan. 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 parry to this Agreement to retain an attorney to enforce Improvements Agreement Page 3 108 Bridget Center Drive #Z-07119B LANDOWNER By: B& K Holdings LLC, Owner (On behalf q) (Capacity) STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of , , 2016,before me,the undersigned, a Notary Public for the State of Montana,per o ally appeared L tj�% ,,m YTIV-p ,known to me to be the landowner that executed the within instrument, and acknowledged to me that he executed the same as (insert capacity) Cd I ff\2x' and on behalf of B &K Holdings LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (Printed name) `i,\G�p KElyti�, LICIA KENNEDY NOTARY PUBLIC for the Notary Public for the State of Montana SE FAL. ; Residing at STATE OF MONTANA g �m cam- n e Residing at Bozeman,Montana 9 0 ? My Commission Expires My Commission Expires: Fj LA 90 j q y M August 04,2019 (Use four digits for expiration year) Improvements Agreement Pa e 5 108 Bridger Center Drive # Z-07119B THE CITY OF BO AN is Saunders Interim Director City of Bozeman Community Development STATE OF MONTANA) :ss County of GALLATIN ) -w� On this day of t l I , 2016, before me, a Notary Public for the State of Montana,personally appeared Christ Saunders,known to me to be the person described in and who executed the foregoing instrument as Interim 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 hand and affixed my Notarial Seal the day and year first above written. —CLOQ�4 l (SEAL) (Printed name) Notary Public for the State of Montana Residing at Bozetnan ' I My Commission Expires: S ` `l aolq ALICIA KENNEDY (Use four digits for expiration year) TAR/ °�: NOTARY PUBLIC for the �*`% — ��; j STATE OF MONTANA SEAL;c Residing at Bozeman,Montana My Commission Expires August 04,2019 Improvements Agreement Page 6 108 Bridger Center Drive #Z-07119B EXHIBIT A Total Amount per estimates= $1,500.00 Total Amount Guaranteed=$2,250.00 Improvements Agreement Pa e 7 PROPOSAL Page No. I of 1 KEARNS CONSTRUCTION,INC. P.O.Box 93 Date : 7/29/2016 Bozeman,Montana 59771 Job Name/Location Phone Phone(406)587-5450 FAX (406)994-0496 108 Bridger Center 581-5450 FED EIN 81-0425784 MT. REG.# 6831 Bozeman,MT TO: B&K Holdings LLC P.O.Box 93 Architect Date of Plans Bozeman,MT 59771 We hereby propose to fiunish,in accordance with specifications below or on attached pages,all material and labor necessary to complete the following: ( 1 ) 5'x16'utility screen wall with removable end gates at 108 Bridger Center Drive, For the sum of: Fifteen hundred dollars&no/00 $1,500.00 Payments to be made as follows: In full by 10th of month following statement date. All material is guaranteed to be as specified. All work is to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above or attached specifications involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire,tornado and other necessary insurance. Our workers are filly covered by Workman's Compensation Insurance. Authorized Signature �..�—_---- Note: This proposal may be withdrawn by us if not accepted Within days Acceptance of Proposal—The above or attached prices,specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified.Payment will be made as outlined above. Date of Acceptance Signature r Proposed work Will be scheduled upon receipt of signed original. Keep copy for your records. r ZEMAN MT Planning MEMORANDUM ------------------------------------------------------------------------------------------------------------ TO: DEPARTMENT OF COMMUNITY DEVELOPMENT,ADMIN. STAFF FINANCE DIVISION,TREASURER FROM: Ide-C)uJ Petnkr- SUNGARD PC,0 1f 1 RE: o PROJECT: �� )71 /V ADDRESS: Ro er K Dri�yr DATE: (Jb L/ GUARANTEE: CASH LOC BOND IDENTIFYING #: GUARANTEE INSTITUTION: LL-C INSTITUTION ADDRESS: ��� I�C�-r 3, 6O Zemo/) GUARANTOR: I 1 YY} Ke c.rn f, GUARANTOR ADDRESS: PO 8 oe 9 3 . 13 o-z c 1 co n 11-5q? 7/ TDD: 406-582-2301 THE MOST LIVABLE PLACE. • J L o a �