HomeMy WebLinkAbout16- Improvements Agreement - RSIC LLC - South Town Square Building 4 Modification to Approved Site Plan South Town Square Building 4 Modification to Approved Site Plan #Z-15099
IMPROVEMENTS AGREEMENT
FOR THE SOUTH TOWN SQUARE BUILDING 4
MODIFICATION TO APPROVED SITE PLAN
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this 15th day of September, 2016, by and
between RSIC LLC 1871 S. 22"d Avenue Ste. 1 Bozeman MT 59718 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 Modification to an approved Site Plan to allow construction of new commercial
building and related site improvements on property located at 2000 S. 3rd Avenue and legally
described as Third Avenue Condo,Lot 3A,Block 4, Sec. 18,T2S,R6E, City of Bozeman,Gallatin
County, Montana.
WHEREAS, it is the intent of the Developer to obtain final occupancy for the building
located at 2000 S. 3rd 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 B-1 on
the City of Bozeman Zoning Map, and identified as 2000 S. 3rd Avenue and legally described as
Third Avenue Condo, Lot 3A, Block 4, Sec. 18, T2S, R6E, City of Bozeman, Gallatin County,
Montana.
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2. Improvements
This Agreement specifically includes the installation of four mechanical equipment screens as
shown on Application#Z-15099 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 developer at RSIC LLC, 1871 S.
22°a Avenue, Ste. 1, Bozeman, MT 59718 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
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South Town Square Building 4 Modification to Approved Site Plan #Z-15099
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 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
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South Town Square Building 4 Modification to Approved Site Plan #Z-15099
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.
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South Town Square Building 4;Modification to Approved Site Plan #Z-15099
THE CITY OF B -ZEMAN
Chris Saunders
Interim Director of Community Development
STATE OF MONTANA)
:ss
County of GALLATIN )
On this day of ^� 'rt. ��P , 2016, before me, a Notary Public for the State of
Montana,personally appeared Chris 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 m and affixed my Notarial Seal the
day and year first above written.
(SEAL) (Printed name)
Notary Public for the,State-of Ontana
Al ICIA KENNEDY Residing at Bozeman
My Commission Expires:
NOT�R/q��.c i NOTARY PUBLIC for the
sL;r= STATE of MONrANA
Res (Use four digits for expiration year)
o`r> P=' in ing at Bozeman,Montana
ww.OF MOt >> Y commission Expires
w.»•�" August 04,2019
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South Town Square Building 4 Modification to Approved Site Plan #Z-15099
LANDO E'R
RSIC LLC, Owner
(On behalf q) (Capacity)
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this k day of SeXr�, bC4— , 2016,before me,the undersigned, a Notary
Public for the State of Montana, personally appeared fjjXkrcw t uwe,known to me to be the
landowner that executed the within instrument, and acknowledged to me that he executed the
same as (insert capacity) (Xt,rLQ r- and on behalf of RSIC LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
l
(SEAL) (Printed name)
"KEro. AI_fCIAKENNEDY Notary Public for the State of Montana
c�P t
NOTARY PUBLIC for the Residing at 7- QC- 1 Cl
3 STATE OF MONTANA
u�', SEAL_{ Residir�at Bozeman,Montana My Commission Expires:.. R
s
•. My Commission Ecvires Use four digits for.expiration ear
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South Town Square Building 4 Modification to Approved Site Plan #Z-15099
EXHIBIT A
Good Morning,
Sorry for the delay,the plant was busy!
Your net on 4 screens total,2 have 36"08"access doors,standard color,is$5,287.00_ These will be the
EV-700's_ The paint has a 30 year warranty which is great! Let me know if you have any questions!
Thank you!
Cheryl Albrecht
Vemco,Inc-
Bozeman, Montana
7535 Shedhom Dr.
Bozetnan.AIT 59718
406-551-1186(P)
406-551-1187(F)
Total Amount per estimates= $5,287.00
Total Amount guaranteed= $7,930.50
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BOZ E MAN MT
Planning
MEMORANDUM
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TO: DEPARTMENT OF COMMUNITY DEVELOPMENT,ADMIN. STAFF
FINANCE DIVISION, TREASURER
FROM: �G
RE: vC7�� V 1 �(,c� l�t�CC sul t 11
SUNGARD PROJECT: 2 9 9
ADDRESS: C�)00 o 3
DATE: 9 / 4)0/62
GUARANTEE: CASH LOC BOND IDENTIFYING#:
GUARANTEE INSTITUTION: ES I C LLC-
INSTITUTION ADDRESS: Lobo D o ve- OZ�Ph.Ci
GUARANTOR:
GUARANTOR ADDRESS:
TDD: 406-532-2301 THE MOST LIVABLE PLACE.