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HomeMy WebLinkAbout13- Springhill Presbyterian Church Improvements Agreement SPRINGHILL PRESBYTERIAN CHURCH MSP/CUP IMPROVEMENTS AGREEMENT FOR THE SPRINGHILL PRESBYTERIAN CHURCH MSP/CLJP APPLICATION BO�ZEMAN, MONTANA THIS AGREEMENT is made and entered into this Zvi day of Peces,%L c(._ 20 l , by and between Springhill Presbyterian Church 7 W. Main Street. 205 Bozeman, MT 59715 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 meet the conditions of approval of a Master Site Plan/Conditional Use Permit to allow the construction of a commercial building on property located at 4769 W. Babcock Street and legally described as Tract 2, Block 3 of the Valle West Subdivision, City of Bozeman, Gallatin County, Montana, WHEREAS, it is the intent of the Developer to obtain occupancy for the building at 4769 W. Babcock Street; 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. Propei-ty Description This Agreement pertains to and includes those properties which are designated as RA/M on the City of Bozeman Zoning Map, and identified as 4769 W. Babcock Street and legally described as Tract 2, Block 3 of the Valley West Subdivision, City of Bozeman County, Montana. 2. Improvements This Agreement specifically includes landsca ping as aDproved in Final Site Plan #Z-12254 and Improvements Agreement Pa I SPRINGHILL PRESBYTERIAN CHURCH MSP/CUP # the 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 fall 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 Springhill Presbyterian Church 7 W, Main Street, Suite 205 Bozeman, NIT 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. The City's representative, contractors, and engineers shall have the night to enter upon the property Improvements reement 2 P 7 ISPRINGHILL PRESBYTERIAN CHURCH MSP/CUP #Z=-12254 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 . on at all t' growing condition times may result in revocation of the conditional use permit. S. 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. 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 Improvements Aregiment Page SPRINGHILL PRESBYTERIAN CHURCH MSP/CUP #Z-1225 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 Agreement Page 4 ILP-TRINGHILL PRESBYTERIAN CHURCH MSP/CUP #Z-12254 CORPORATION DAQ 4r-gT--reL- On behalf of Springhill Presbyterian Church STATE OF MONTANA County of Gallatin On this "Z 6,""4 day of IVo vel, 2013,1 before me, the undersigned, a Notary Public for the State of , o-' w- z —, personally appeared [),�, 1-1,e,--1, / known to me to be the 251drp— of Springhill Presbyterian Church the corporation that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of said corporation, IN WlTNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seat the day and year first above written. I �V// Marc T. �711Gorl Notary Public for the State of Montana Residingat: B.Iernan, Montana My Cllrnrn�ssiori Expires: Notary Public for We State of Montana July 05, 2015 Residing at Bozeman My Commission Expires Improvements reement Page 51 SPRTNGHILL PRESBY'T'ERIAN CHURCH MSP/CUT" ,#Z-12254 THE QTY OF BOZEMIAN Director of Commuiirity Lqvelopnicnt STATE OF MONTANA )ss. County of GA:LLATIN ) On this day of 2013, before me, a Notary Public for the State of Montana, personally appeared known to me to be the person described in and who executed the foregoing instrument as Director of Community Development of the City of Bozeman, 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 WI-IEREOF, I have hereunto set my hand and affixed my Notarial. Seal the day and year first above written. ' � ( Notary Public for the State of Montana * No1 ,t,Y � yd, sr for t}ro� .;1c �i 1f�rt � z Residing at y Expires: (��e fa digits for expira tion tion e�a r )ray _ improvements Agreement Page G SPRINGHILL PRESBYTERIAN CHURCH MSP/CUP #Z-12254 EKIEBIT A Bid Form Springhill Presbyterian Church Schedule 1—All Bid Packages Church.130ding Bozeman,Montana. f ° BID PACKAGE(Number acrd Tillie): <-11 f, �i� "f' (For Subs and Suppliers submitting on rndre Wis one 8id'Package,Olease use separate Bid Forms for each Package submitted.) Bid PACKAGE ITEM NUMBEiRIS)(if uppl,catac) SubmiLed By: To: Martel Construction,Inc. 1,203 S.Church Bozeman,M7 69'715 On Behalf of: Springhill Presbyterian Church Bozeman,MT We,the undersigned Company,having carefully read the Documentsfor the proposed contract„including the Garwesai Conditions,Supplemental Conditions.,Specificetiens„and I0rawhigs and Addendurns wid having carefully ascertained the conditions tinder which the Work is to be performed,hereby propose and otter to enter into a Contract to perform the Work as described in accordance with the Documents,complete and ready for use by the Vme'specified,forth a price of: Base Bid: p Ccmpiijtee as per r3W'..R4;,rga nAnvo FabeMn. $ 1 'S--5-_rD _dollars Bond- Elate as a Percentage to Supply 100%Performance and Payment Bond, Subject to such additions and deductions as may be properly made under the terms of finalizing the Contract, the prices are firrn and are not subject to escalation for the entire duration of the project. PERIOD Of ACCEPTANCE: Ti,a proposer agrees that this bid shall remain open for acceptance and the price shall remari unchanged and notwithstanding any error in the Bid at the amount "stated for a period of sixty (60) days from the date of closing of this F ruposal. CONTRACT: The Bidder agrees that this Bid is Subject to a formal AIA 401 Contract Modified being prepared and executed with the Constr`acticn Manarger. $69,385 x 1.5 —$104,078 to he guaranteed. Improvements Agreement I' e 7 ........... Blg , -7 Sky 'Western Bank December 2, 2013 LWEVOCABLE LETTER OF CREDIT#2306001-11 LOC Beneficiary. City of Bozeman 411 East Main Street PO Box 1230 Bozeman, MT 59771-1230 To City of Bozeman: For the account of Springhill Presbyterian Church,we hereby authorize you to draw on us at sight up to an aggregate amount of One Hundred and Four Thousand Seventy Eight dollars and 00/100, ($104,078,00). Drafts drawn under this Letter of Credit#2306001-11 must specify the date and the number of the Letter of Credit and must be presented at the identified office below not later than December 2, 2014. Drafts under this letter must be accompanied by your certified statement that the client did not complete the required work and further supported by proper documentation and costs that you have had the work completed. This Letter of Credit sets forth in full the terms of our obligations to You,and such undertaking shall not in any way be modified or amplified by any agreement in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference of any agreement. This Letter of Credit is irrevocable, unconditional and non-assignable. We hereby agree with you that sight drafts drawn under and in compliance with the terms of this Letter of Credit will be duly honored at: Big Sky Western Bank 4150 Valley Commons Dr. PO Box 818 Bozeman, MT 59771-0818 Unless otherwise expressly stated,this Letter of Credit is subject to the International Chamber of Commerce, Uniform Customs and Practice for Commercial Documentary Credits; 2007 Revision -International Chamber of Commerce Publication No. 600, Sincerely, COPY Jolene Randall _VP/Senior_Credit.Gfficer- . ...................-------- ........... �mqbl,, 13, CITY OF BOZEMAN DEPARTMENT OF COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 P.O. Box 1230 plcnning@bozemon.net Bozeman, Montana 59771-1230 www.bozeman.net TO: Laurae Clark, Treasurer FROM: Tara Hastie, Planning Technician DATE: December 20,2013 RE: #Z-12254 Springhill Presbyterian Church Master SP/CUP Enclosed you will find the original Letter of Credit #2306001-11, dated December 2, 2013, for the account of Springhill Presbyterian Church and City of Bozeman in the amount of$104,078.00, from Big Sky Western Bank which was issued to guarantee improvements related to the Springhill Presbyterian Church Master Site Plan and first Phase Conditional Use Permit Application project approval. Please hold it until you are either directed to issue drafts against them due to default, or to return the amount to the issuer when improvements are completed. Development Review Division Policy and Planning Division Building Division COPY