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Home My WebLink About14-Bozeman Self Storage/Spacebank Phase 3 SP/COA Improvements Agreement BOZEMAN SELF STORAGE/SPACEBANK PHASE 3 SP/COA Zoning File No. Z13085 IMPROVEMENTS AGREEMENT FOR THE BOZEMAN SELF STORAGE/SPACEBANK PHASE 3 SP/COA (ZONING FILE NO. Z13085 and Z13085A), BOZEMAN, MONTANA THIS AGREEMENT is made and entered into this day of 204, by and between Randy Schubert of Space Bank Ltd., 811 Mandeville Lane 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 Conditional Use Permit and Certificate of Appropriateness to allow the new construction of a multi-story self storage building to an existing mini-warehouse self-storage facility on property at 811 Mandeville Lane and legally described as 10 acres in the SW t/a N of I-90, Section 36 T1S, R5E, City of Bozeman Gallatin County, Montana. WHEREAS, it is the intent of the Developer to obtain occupancy for the new building at 811 Mandeville Lane; 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 Conditional Use Permit/Certificate of Appropriateness application. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description This Agreement pertains to and includes those properties which are designated as M-1 on the City of Bozeman Zoning Map, and identified as 811 Mandeville Lane and legally described as 10 acres in the SW IA N of I-90, Section 36 TIS R5E City of Bozeman Gallatin County, Montana. 2. Improvements Improvements Agreement Pa e 1 BOZEMAN SELF STORAGE/SPACEBANK PHASE 3 SP/COA Zoning File No.Z13085 This Agreement specifically includes repair of landscaping and exterior building siding_provided in the approved Final Site Plan Zoning File Nos. Z13085 and Z13085A and the provided estimate. The estimated cost of these improvements is attached as Attachment 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 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 default is deposited in the United States mail addressed to the developer at Randy Schubert of Space Bank Ltd., 811 Mandeville Lane Bozeman MT 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 Improvements Agreement Pa e 2 BOZEMAN SELF STORAGE/SPACEBANK PHASE 3 SP/COA Zoning File No. Z13085 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, 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 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 Improvements Agteement Page 3 BOZEMAN SELF STORAGE/SPACEBANK PHASE 3 SP/COA Zoning File No. Z13085 entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house 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. Im tovements Agreement Pa e 4 BOZEMAN SELF STORAGE/SPACEBANK PHASE 3 SP/COA Zoning File No.Z13085 BUSINESS OWNER Randy Schubert STATE OF MONTANA ) )ss. County of Gallatin ) On this 201 '0 day of P(pn , 2014, before me, the undersigned, a Notary Public for the State of M-,A-\k& AU , personally appeared Randy Schubert , known to me to be the business owner of Space Bank Ltd 811 Mandeville Lane, that executed the within 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. AFTON JOLENE BURRELL SCSEAL NOTARY PUBLIC For the LSTATE OF MONTANA 1Residing at Greycliff,Montana Notai Publi for the State of Montana My Commission Expires Residin at Bozeman OCTOBER 28,2014 g My Commission Expires b4,' 28, ZQ(4 Improvements Agreement Pa e 5 BOZEMAN SELF STORAGE/SPACEBANK PHASE 3 SP/COA Zoning File No. Z13085 THE CITY OF BOOZZ 7EMAN � -7� Wendy Thomas Director of Community Development STATE OF MONTANA ) )ss. County of GALLATIN ) On this day_ (� of i` A , 2014, before me, a Notary Public for the State of Montana, personally appeare Wendy Thomas, 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 Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana *Lllq TARA L HASTIE Residing at r1 No-iry PUblic My Commission Expires: LI =6 + ,i!Aili,jj for the State of Montana (Use four digits for expiration dear) - Rosiding at: SE E 0,- oozernan, Montana Y'• My Comrn,ssion Expires: Apr;[04, 2017 improvements Agreement Pa e 6 BOZEMAN SELF STORAGE/SPACEBANK PHASE 3 SP/COA Zoning File No. Z13085 Attachment A Exterior building siding $21,452.20 Landscaping repair $3,169.00 Total $24,621.20 X 1.5 $36,931.80 Improvements Agreement Page 7