HomeMy WebLinkAbout16- Improvements Agreement - The Yellowstone Center LLC - Yellowstone Center Site Plan Application ......,...
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Inter-office original to:
City of Bozeman
Department of Planning&Community,Development
20 Fast Olive Street
IMPROVEMENTS AGREEMENT
FOR THE YELLOWSTOE CENTER
SITE PLAN APPLICATION
BOZEMAN,MONTANA
THIS AGREEMENT is made and entered into this 8th day of December, 2016, by and
between The Yellowstone Center LLC PO Box 1561 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 Site Plan Application to allow renovations of the existing building and related site
improvements on property located at 1123 Research Drive and legally described as Minor
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Subdivision 273, Lot 5, Block 3, Sec. 14, T2S, RSE, City of Bozeman, Gallatin County
Montana.
WHEREAS, it is the intent of the Developer to obtain final occupancy for the building
located at 1123 Research Drive; 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: 5
1. Property Description
This Agreement pertains to and includes those properties which are designated as BP on
the City of Bozeman Zoning Map, and identified as 1123 Research Drive and legally described
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The Yellowstone Center Site Plan #16161
as Minor Subdivision 273, Lot 5, Block 3, Sec. 14, T2S, RSE, City of Bozeman, Gallatin
County,Montana.
2. Improvements
This Agreement specifically includes mechanical screening, landscaping improvements, as
provided in the approved Site Plan Application #16161 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 might 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 The
Yellowstone Center LLC, PO Box 1561, Bozeman, MT 59771 or such other address as the
.........
The Yellowstone Center Site Plan
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 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.
b. 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
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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
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Developer is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, z
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
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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
........... ....:.......... .:........ .......... ......
Irn rovements Bement.:.:.:: ::.::: :;::
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The Yellowstone Center Site Plan #16161
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 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 reemenf :::'.':..;;.:
Pa a.4
The Yellowstone Center Site Plan # 16"161
LANDOWNER
Q�
By:
Yellowstone Center LLC, Owner
(On behalf ofi (Capacity)
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this day of Itumly r ,2 16,befor menthe undersigned, a Notary
Public for the State of Montana,personally appeared L nn 1 s r Ity)known to me to be the
landowner that executed the wi hin instrument, and acknowledged to me that he executed the
same as (insert capacity) In awner and on behalf of Yellowstone Center LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
KATHERINE MAINES
FOF
Notary Public
for the State of Montana
-'ee 0
Residing at:
SEAL. �< Belgrade, Montanarated name,;, AL�^yCommission Expires:
Duly 22,2020
)
Notar is for the State of Montana
Residing at
My Commission Expir
(Use four digits for expiration
Irn rovements Agreement Pa e 5
The Yellowstone Center Site Plan # 16161
THE CITY OF BOZE AN
rtin Matsen
Director City of Bozeman Community Development
STATE OF MONTANA)
:ss
County of GALLATIN )
On this day of, , 2016, before me, a Notary Public for the State of
Montana, personally appeared Martin Matsen, known to me to be the person described in and
who executed the foregoing instrument as Director of the City of Bozeman Department of
Community Development,whose name is subscribed to the within instrument and acknowledged
to me that he executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto et my and and affixed my Notarial Seal the
day and year first above written. naW3
-1u,"" -
(SEAL) ed name)
Notary u or the State of Montana
1NE
KATHERINE MAINES Residingat BOZema
.Mq�2 Notary Public
Z43.'ao7ARi,q4.rt,-_for the State of Montana My Commission Expires:
„_ Residing at: (Use four digits for expiration year
.0- SEAL. - Belgrade, Montana
My Commission Expires:
of NIo July 22,2020
Improvements Agreement Page 6
The Yellowstone Center Site Plan # 16161
EXHIBIT A
December 8.2016
Andrew Boughan
Bozeman Community Development,Planning
20 East Olive Street
Bozeman,MT 59715
Andrew,
The estimate to construct a screen for mechanical equipment on the roof of
1111 Research Drive is$2,000 which is reflected on the attached spreadsheet.
An allowance of$400 has been added to the plantings line item in order to
screen the lower compressor as we discussed,
Thank you,
Dennis J Derham
1234 Main Street Bozeman,164T 60715 (406)576-5048
Improvements Agreement Pa e 7
The Yellowstone Center Site Plan #16161
2016 12 08 YELLOWSTONE IMPROVEMENT VALUATIONS
Description Amount
Irrigation I 5750.00
. ..__. . _ ..... ........ . __....._._ .__ ... ._. .__-----.
Topsoil $1,000.00
......... .... ... ....... -._..
Parannial Plantings $1,250.00
._... ............
Grass Seeding $2,000.00
_.._._ _..... _......... _ ....._..v,... ..............._._..._....._ ..
Raof#op Mechanical Screen f $2,000.00
_._...._......._._.._.._...._...._.... .—...._._.........................._..............................................................._.....,.._...._._........,.....................................__.._..
_._......._._._..._._........._......._..._._........_.__......._................._......................_..._........._......................_.............................
F........,_._.__....._...............,_.,.,..__......._.
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............._...._............... 4.............._............................-.......-...
. ... . .........
............................................................................ ........................,......_._......._.._....__ _........_
. . . .. . ....._.......
......_........_............................ ............................................................._...... ._..__........__.. _.....
. .
. ....._.....__...._......._........_........_.................._........................................_....._ _. _
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.................._...................I......._........................_...__..v........._...._......__.............._........_,_..._....._,..........._..._.._.............._........�....._......_._....._...._..............._..._._...._.
Total $7,000.00
Total Amount per estimates= $7,000.00
Total Amount guaranteed= $10,500.00
Im rovements ement a 8