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HomeMy WebLinkAbout90- Improvements Agreement for Parking and Landscaping - Life-Link International, Inc . f . ~ " \ I IMPROVEMENTS AGREEMENT FOR PARKING AND LANDSCAPING - LIFE-LINK INTERNATIONAL, INC. This AGREEMENT is made and entered into this J~~ day of January, 1990, by and between Life-Link International, Inc. , hereinafter called the "Developer", 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 obtain Final Site Plan approval of Parking and Landscaping Review for the property in question; WHEREAS, it is the intent and purpose of the City to secure the completion of ongoing construction of improvements on the property; 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 guarantee requirements for the Final Site Plan approval of Parking and Landscaping Review. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: . i , . I 1. Property Description This Agreement pertains to, and includes, those properties which are designated and identified as being Tract B-1, of Certificate of Survey No. 4A, Gallatin County, Montana. 2. Improvements This Agreement specifically includes the installation of Phase I improvements which include pavement, curb, sidewalk, landscaping, garbage enclosure and exterior lighting as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit A". The estimated cost of said improvements is attached and made a part of this Agreement, as Exhibit "B" . 3. Sanitary Approval The City and Developer understand that Developer currently has an application pending for sanitary approval of the septic system for the property. Developer agrees to respond to any request for information by a reviewing agency, concerning the application, within 15 days of receipt of such request. Developer further agrees that all responses made to a reviewing agency shall be made in a complete and detailed manner. 4. Financial Guarantee, Time for Completion of Improvements Occupancy of the existing structure has occurred prior to completion of installation of the improvements, therefore completion of the improvements 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 (1- 2 i . 1/2) times the estimated cost of the installation of any required improvements not completed in accordance with the following schedule: A) Completed construction of the improvements required by this Agreement within 120 construction days from the receipt, by Developer, of final sanitary approval for a septic system for the property or 120 construction days from April 15, 1990, whichever date is later. B) For purposes of this Agreement, a construction day means a 24 hour calendar day, between the dates of April 15 and October 31 of each year, when outdoor construction is feasible, excluding Saturdays and Sundays. If the construction required herein is not completed within an annual construction period (April 15 - October 31), and 120 construction days have not elapsed since Developer was required to commence construction, Developer shall have the right to utilize the balance of the 120 construction days remaining to complete construction, beginning on April 15, of the next annual construction period. C) If Developer has not completed construction and installation of the improvements required by this Agreement by the end of the 120 construction day 3 , " period, Developer shall immediately post the financial guarantee provided for herein. The financial guarantee, as provided for herein, shall be tendered to the Bozeman City-County Planning Director and will be binding on Life-Link International, Inc. for one ( 1 ) year from the date of tender. All required Phase I improvements on the site as delineated on Exhibit "A" , which is attached and made a part of this Agreement, shall be completed in accordance with the following schedule: Phase I shall be completed, inspected, and accepted by the City of Bozeman no later than the date provided for in paragraph 4.A herein. Improvements will specifically include: ( I ) Construction of an off-street parking lot for 75 parking stalls, including pavement, striping, curbs, driveways, sidewalks, exterior lighting, landscaping and landscape irrigation system; (2 ) Construction of trash enclosure at northwest corner of Phase 3B addition. 5_ 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 4 - ----------------- . . representatives to enter upon and inspect the property at any reasonable time. 6. Default Time is of the essence of this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time scheduled under this Agreement, and such default or failure shall continue for a period of five ( 5 ) days after written notice specifying the default is deposited in the United States mail addressed to the Developer at 8454 Huffine Lane, Bozeman, Montana 59715 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 complete construction and inspection of the improvements described herein. l. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer 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. 5 ~ 7. Warranty The Developer shall warrant against defects in these improvements for a period of one ( 1 ) year from the date of their written acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently maintained by the Developer pursuant to Section 18.62.130(E) of the Bozeman Area Zoning Code. 8. Governing Law This Agreement shall be construed according to the laws of the State of Montana. 9. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. 10. 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. II. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to the City. 12. Successors Except as provided in paragraph 10, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the 6 . , . .' parties hereto and their respective heirs, successors and assigns. STATE OF WYOMING ) : ss. County of TEll) 1'-\ ) On this JitlL day of ~1/l7t{~ , 1990, before me, a Notary Public for the State f Wy m'ng, personally appeared John Krisik, known to me to be the President of Life-Link International, I nc. , the corporation that executed the above instrument and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. /"7&# S pen Ce,{', Nota Public for the State '- of "~h _ w~':'IY\'ll'lb - Residing: -- .-". Commission Expires: ~/I;if/ - - (Notarial.' Seal) -~ ~ THE CITY OF BOZEMAN Service STATE OF MONTANA ) : ss. County of Gallatin) On this 15th day of January , 1990, before me, a Notary Public for the State of Montana, personally appeared Phillip J. Forbes, known to me to be the person described in and who executed the foregoing instrument as Director of Public 7 . . ' . ~ ' , 1 . Service of the City of Bozeman, 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 set my hand and affixed my Notarial Seal the day and year first above written. ?~ Notary Public or the State of Montana Residing: b~z-~......,.;l.-J,1Y1 r Commission Expires: ?>-J~r"'}f (Notarii'l,l Seel) - - 8 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS -~---~-~~--------------------~------------------------------------------------------------------- DATE: January 9, 1990 PROJECT: . Life-Link International, Inc. - Tract B-1, C.O.S. No. 4A - DEVELOPER: . John Krisik, President, Life Link International, Inc. -----------------------------~-------~---------~-------~----------------------------------------- It"em' Sq. Ft. /Ln. Ft. Contractor Est, Cost - Paving: " Asphalt 21,620 sq. ft. $ 18,377.00 Concrete N/A -0- . . 3,656 sq. ft. $ 6,944.50 Sidewalks: ~ Curbing: 1,166 In. ft. $ 7,579.00 Landscape: 7,655 sq. ft. $ 3,352.00 Landscape Protection: N/A -0- Garbage Enclosure: (1) $ 500.00 Exterior Lighting: (3) $ 2,100.00 Total $ 38,852.50 . fULJ/i ~. x 1.5 $ 58,278.75 Approved By City Engineering Office: Date; 11101'10 . . . f .