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Home My WebLink About16- Improvements Agreement - K. Svobada - Calvary Chapel Site Plan Development Application (Does Not Include Light) Calvary Chapel Site Plan Application #15-371 Inter-office original to: City of Bozeman Department of Planning&Community Development 20 Last Olive Street IMPROVEMENTS AGREEMENT FOR THE CALVARY CHAPEL SITE PLAN DEVELOPMENT APPLICATION - � IAK�l.I UCT 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 T1 S R5E 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 and mechanical screening 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' Calvaty Chapel Site Plan Application #15-371 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. Improvements Agreement Pa e 3 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 Y- L N ec ►�U zc-w�a,. l OA�C WA*r (On beha f o�) (Capacity) STATE OF MONTANA ) :SS COUNTY OF GALLATIN ) On this day of Y 3 2ytii�t✓ , 2016, before me,the undersigned,a Notary Public for the State of Montana,personally appeared KrfApny)e STQbpjmwn to me to be the landowner that executed the within instrument, and acknowledged to me that he executed the same as (insert capacity) � on behalf of s D3ya o I (� IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. LESLIE BARRY �... ; Notary PublfC - -CARIgi. :`for�&Epj"of Montana ( tinted name) Residing SEAL 4;' Bozeman, Montana Notary Public for the State of Montana My Commission Expires: Residing at OF May 01,2019 My Commission Expires: (Use four digits for expiration year) Improvements Agreement Page 5 Calvary Chapel Site Plan Application #15-371 THE CITY OF OZEMAN Martin Mats Director City of Bozeman Community Development STATE OF MONTANA) :ss County of GALLATIN ) On this - 1 I t.I day of KloVe tr , 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. (SEAL) ted name) Notary or the State of Montana - KATHERI JE MAINES Residing at Bozem ' rcPiNE tgq�'< NotaN Public c2��'` for the State of Montana My Commission Expires: oT"R'A Use four digits for ex iration ear Residing at: ( g p year) * SEAL Belgrade, Montana My Commission Expires: July 22,2020 Improvements Agreement Page 6 Calvary Chapel Site Plan Application #15-371 C'hm Skogcit t ordruction,Inc. Invoice 2149 NV Dwh(un 1431 Buicntun,ATT' .c:i?ao 5971 R 21.- Invoice# ie aac Rill To �.� �m �• Ghm skq�.o-'k,>.r-w,m 2149 W D"'.1-,*11 Bn�'uart.N'1 SV71Y P.O.No. Taws project ryuanUty Daarripiian Rate Amount Total s,.lnnul, Total Amount per estimates= $2,900.00 Total Amount guaranteed= $4,350.00 Improvements Agreement reement Page 8 Calvary Chapel Site Plan Application #15-371 rh>Ltie Skilget1 t'c,i,ru��ctifrtl. Inc_ Invoice a]49 W Dtu-stcw.q31 N)zemar1. MT 5, 7M B PxiG Irr ruix# DA Bill To Ovs,SLc@mVxwyau-^'.khi '2148 Vi Durum V31 Bf,n57an,W1 3Y,1}S 1 P.O.Na. rerma r'raj�x Quanky ❑4°seiiplien Rsie Amount 1 Ull-Lk IL aLl fir u�L e,b.Josw- I,A6C.tn7 "900.0 F, Total ,�11u,r1 Improvements'Agreement Page ! I