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
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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.
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