HomeMy WebLinkAbout14-Safeway MRH Partners Reuse/COA Improvements Agreement SAFEWAY RETAIL REUSE/COA Z5
IMPROVEMENTS AGREEMENT
FOR THE SAFEWAY RETAIL REUSE/COA APPLICATION
BOZEMAN,MONTANA
THIS AGREEMENT is made and entered into this 2-6`4 day of �>
Pavf��!
2011 y, by and between MRH, LLC 13356 Metcalf Overland Park KS 66213 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 Reuse and Certificate of Appropriateness Permit to allow the constriction of
improvements to an existing commercial building and site on property located at 901 West Main
Street Bozeman, MT 59715 and legally described as All of Block 3 of the Springbrook Addition
City of Bozeman. Gallatin County.Montana.
WHEREAS, it is the intent of the Developer to obtain occupancy for the building at 901
West Main Street; and
WHEREAS, it is the intent and put-pose 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:
I. Property Description
This Agreement pertains to and includes those properties which are designated as BB=2 on
the City of Bozeman Zoning Map, and identified 901 West Main Street Bozeman, MT 59715
and legally described as All of Block 3 of the Springbrook Addition City of Bozeman Gallatin
County,Montana.
2. Improvements
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1SA1<EWAY RETAIL REIJSE/COA Z1380
This Agreement specifically includes paving. seal coating,striping, paint, EFTS, and landscaping,
as provided in the approved final plan for the application and 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. DefauIt
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 de ault is deposited in the United States mail addressed to the developer at
between MRFL LLC 13356 Metcalf Overland Park KS 66213 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
Im rovements Agreement Pa je72
�SAFEWAY RETAIL REUSE/COA Z1380
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, moNving 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.
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
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SAFEWAY RETAIL REUSE/COA Z1380
entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house
counsel including City Attorney.
10. Modifications or AIterations
No modifications or ainendment 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 pant,
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.
Im rovements Agreement Pa e 4
SAFEWAY RETAIL REUSE/COA Z1380
CORPORATION
On bed,alf of MRJ LLC
kAIsI�f P"el�r
STATE OF AgSiVMA )
T'>jf1j'VA1 )ss.
County off ))�
On this day of /"(�l-/ , 2014, before me, the unpersipne , a Notary
Public for the State of 5-4 y personally appeared PVt4qW Z
known to me to be the " er of M LL the corporation that
executed the within instrument, and a knowledged to me that he1p:4,PO&Y
cuted 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.
(SEAL)
Notary Public for the State of Montana
Residing at Bozeman 1 t
��� My Commission Expires
CAITLIN WEST
pry COMMISSION EXPIRES
sy�6EAl:
ApOI S0,2016
Improvements Agreement Pa e 5
SAFEWAY RETAIL REUSE/COA Z1380 i
THE CITY OF BOZEMAN
Direr or of Community Development
STATE OF MONTANA )
)ss,
County of GAL )
On this day of , 2014, b fore me,a Notary Public for the
State of Montana, personally appeared o , 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 WHEREOF,I have hereunto set my hand and affixed my No rial Seal the
day and year first above written.
R _
(SEAL) Notary Public for the State of Montana
Residing at
TARA L HASTIE My Commission Expires: '0\ C��
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40TAFUAZ _for the St
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I ;a.SE I Bazonian, Montana
My Cornm,ssion Expires:
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Improvements Agreement 77age 6
SAFEWAY RETAIL REUSE/COA Z1380
EXHIBIT A
W:ALKER
OONSTRUC71011'
re brual V 2 7.201•t
Bozeman Retail and I ool B:u•n
Bozeman.\fI'
_at►entiou:Doll-lienzlik
The follovi-ina is au estimate for the n•oik that will need to be completed after We line a
tempiminy C of to alld when the wentllel.liell11it5.
1. Paving 56,600
2. Lot Striping $750.00
3. Seal Coating $4,810.00
4. Eatenor Painting 531,S00.00
S. EIFS $3,200.00
6. Landscaping/Fire Sprinkler S 1 SS1_00
TOTAL S 64,011.00
i'lialilc}-ou for the oppzntunin•to pan•ide you Willi Ihtu bid. We look ibnvmd to wotkiug
Willi you ill the liltule. Please rill ssitb mly questions ar canceitls reParding our estimate.
Improvements Agreement Paae 7
rst
1 BANK CO
Y
IRREVOCABLE STANDBY LETTER OF CREDIT
IRREVOCABLE STANDBY LETTER OF CREDIT NO: 1460-3 DATE:MARCH 24,2014
BENEFICIARY: APPLICANT:
CITY OF BOZEMAN MRH PARTNERS,LLC
411 EAST MAIN STREET 13356 METCALF AVE.
PO BOX 1230 OVERLAND PARK,KS 66213
BOZEMAN,MT 59771-1230
TO WHOM IT MAY CONCERN;
WE HEREBY ISSUE IN YOUR FAVOR OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO: 1460-3 FOR THE
ACCOUNT OF MRH PARTNERS, LLC FOR AN AMOUNT OR AMOUNTS NOT TO EXCEED IN THE AGGREGATE
U.S. $96,01650 (NINETY SIX THOUSAND SIXTEEN DOLLARS AND 50/100)AVAILABLE BY YOUR DRAFTS ON
CROSSFIRST BANK EFFECTIVE MARCH 24,2014 AND EXPIRING AT OUR OFFICE ON MARCH 24,2015.
DRAFT(S) MUST BE PRESENTED ON OR BEFORE THE EXPIRATION DATE HEREOF AND MUST BE MARKED
"DRAWN UNDER CROSSFIRST BANK, LETTER OF CREDIT NUMBER 1460-3". THE FOLLOWING DOCUMENTS
MUST ACCOMPANY DRAFTS PRESENTED FOR PAYMENT:
1. BENEFICIARY'S SIGNED AND DATED STATEMENT AS FOLLOWS: "THE ATTACHED INVOICE(S)COVER
GOODS OR SERVICES DELIVERED TO MRH PARTNERS, LLC OR ITS DESIGNEE ACCORDING TO THE
SPECIFICATIONS SET FORTH IN PURCHASE ORDER AND DELIVERED ON OR BEFORE THE DUE DATE
ON THE PURCHASE ORDER,AND SAID INVOICE(S)REMAIN(S)UNPAID."
2. COPY(IES)OF INVOICES MARKED"UNPAID"
3. DELIVERY RECEIPT SHOWING DELIVERY ON OR BEFORE DUE DATE OF PURCHASE ORDER.
4. WRITTEN INSPECTION ACCEPTANCE DOCUMENT SIGNED BY EMPLOYEE OR AGENT.
WE ENGAGE WITH YOU THAT DRAFTS DRAWN UNDER AND IN CONFORMITY WITH THE TERMS OF THIS
CREDIT WILL BE DULY HONORED ON PRESENTATION OR BY CERTIFIED MAIL IF PRESENTED OR RECEIVED
ON OR BEFORE THE EXPIRATION AT 4707 W 135 H ST, LEAWOOD, KS 66224. THE ORIGINAL LETTER OF
CREDIT MUST ACCOMPANY THE DOCUMENTS REQUIRED UNDER THIS CREDIT FOR ENDORSEMENT.
EXCEPT AS OTHERWISE SPECIFIED HEREIN, THE LETTER OF CREDIT IS SUBJECT TO THE INTERNATIONAL
STANDBY PRACTICES(1998),INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.590.
THIS STANDBY LETTER OF CREDIT WILL NOT BE AUTOMATICALLY EXTENDED.
SINCER
�r
Tom Robinson,Chief Credit Officer Sta C o , siness Banker
PeopleServing
P 913.327.1212 1 F 913.327.121414707 West 135th Street I Leawood,KS 66224 1 crossfirstbank.com
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