HomeMy WebLinkAbout16- Improvements Agreement - K. Svobada - Calvary Chapel Site Plan Development Application (Includes Light) Calvary Chapel Site Plan Application #15-371
Inter-office original to:
City of Bozeman
Department of Planning&Community Development
20 East Olive Street
IMPROVEMENTS AGREEMENT
FOR THE CALVARY CHAPEL
SITE PLAN DEVELOPMENT APPLICATION
BOZEMAN, MONTANA
THIS AGREEMENT is made and entered into this 2th day of November, 2016, by and
between Katherine Svobada 2273 Boothill Court, Suite 110, 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 Site plan and Commercial Certificate of Appropriateness to allow the construction
of a new commercial building and related site improvements on property located at 2270 Boothill
Court and legally described as Lewis & Clark Subdivision, Lot 2A, Block 2, Sec. 36 T1S R513
City of Bozeman, Gallatin County, Montana.
WHEREAS, it is the intent of the Developer to obtain final occupancy for the building
located at 2270 Boothill Court; 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 2270 Boothill Court and legally described as
Improvements Agreement Pa e 1
Calvary Chapel Site Plan Application #15-371
Lewis & Clark Subdivision, Lot 2A, Block 2, Sec. 36, T1S, R5E, City of Bozeman, Gallatin
County, Montana.
2. Improvements
This Agreement specifically includes trash enclosure, mechanical screening, and street light as
provided in the approved Site Plan/Commercial Certificate of Appropriateness Application#15-
371 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 Katherine Svobada
2273 Boothill Court Suite 110 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
Improvements'Agreement Page 2'
Calva Chapel Site Plan Application #15-3 11
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.
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.
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Calvary Chapel Site Plan Application ' #15-371
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, ensure to the benefit
of, and be enforceable by the parties hereto and their respective heirs, successors and assigns.
Improvements Agreement Page 4,
Calvary Chapel Site Plan Application # 15-371
LANDOWNER
State of Montana DNRC,Bozeman Unit Office Manager
(On behalf ojq (Capacity)
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this�day of��.) e'vt,6e ,2016,before me, undersigned, a Notary
Public for the State of Montana,personally appeared{� /�f 2 Shbia
e Aft to me to be the
landowner that executed the within instrument, and acknowledged to me that he executed the
same as (insert capacity)Q yYon behalf of State of Montana DNRC.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the
day and year first above written.
eSl�e Q rod
S�t-11gR "" (SEAL LIB BARRY (Printed name
fl;-4 otary Publlc )
:NornRi,y4. >for the State of Montana Notary Public for the State of Montana
Residing at: Residing at
S EAL.`�y, Bozeman, Montana
OF
tiro M Commission Expires:
9 P; My Commission Expires: y p
May 01,2019 (Use four digits for expiration year)
Improvements Agreement Pa g e 5
Calvary Chapel Site Plan Application #15-371
THE CI Y OF BO EMAN
Martin Mats
Director City of Bozeman Community Development
STATE OF MONTANA)
:ss
County of GALLATIN ),,I 1
On this q day of ,N�IN�/VY�YW , 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
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. &k M, W
_ kka K.
LEY M KOENIG
�Ey•^^.Ko 41, (Printed na e)
L Notary Public j
for the state of Montin - Notary Public for the State of Montana
k -- , _ Residing at: Residing at Bozeman
N�.SEAi . Belgrade, MontanE
�. My Commission Expi� My Commission Expires:
OF ,10 August 15,201 7
_ (Use four digits for expiration year)
Improvements Agreement Pa e 6
Calvary Chapel Site Plan Application #15-371
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Improvements`Agreement Page 8
Calvary Chapel Site Plan Application #15-371
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Total Amount guaranteed= $11,850.00
Improvements` reement Page 9