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
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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