HomeMy WebLinkAbout90- Improvements Agreement for Parking and Landscaping - Life-Link International, Inc
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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:
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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-
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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
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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
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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.
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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
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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/
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(Notarial.' Seal)
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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
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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)
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
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DATE: January 9, 1990
PROJECT: . Life-Link International, Inc. - Tract B-1, C.O.S. No. 4A
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DEVELOPER: . John Krisik, President, Life Link International, Inc.
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It"em' Sq. Ft. /Ln. Ft. Contractor Est, Cost
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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
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