HomeMy WebLinkAbout92- IA for PMF, A Wyoming Partnership Minor Site Plan at 1160 Research Drive IMPROVEMENTS AGREEMENT
FOR
PMF, A WYOMING PARTNERSHIP
MINOR SITE PLAN AT 1160 RESEARCH DRIVE
THIS AGREEMENT is made and entered into this day of
7jwf , 1992 , by and between _ 1/ r /� £i'' ,
of PMF , a Wyoming Partnership, consisting of
Roger Pasch, Duane Madsen , and Bill Fielder, hereinafter called the
"Owner" , and the City of Bozeman, a Municipal Corporation of the
State of Montana, hereinafter called the "City" .
WHEREAS , it is the intent anti purpose of the Owner to meet the
conditions of approval imposed on the project by the Development
Review Committee and stated in Bozeman City-County Planning Office
letter to Lowell Springer, dated May 27 , 1992 , and pertaining to
Minor Site Plan application No . Z-9257 to allow the construction of
a 6 , 842+ sq . ft . office/laboratory building on the property in
question; and
WHEREAS , the City will not approve Owner' s Final Site Plan
until the said conditions are met ; and
WHEREAS , it is the intent and purpose of both the Owner 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 .
NOW, THEREFORE, the parties , for and in consideration of the
MUtual promises contained herein and for other good and valuable
considerations , hereby agree as follows :
1 . Property Description
This Agreement pertains to and includes those properties which
are designated and identified as Lot 4 of the proposed minor
subdivision of Lots 3 and 4 , Block 1 , Advanced Technology Park
Subdivision, Phase 2 , City of Bozeman , Montana, and more commonly
described as 1160 Research Drive ( Minor Site Plan #Z-9257 ) .
2 . Improvements
This Agreement specifically includes the installation of
landscaping , parking , storm water retention/detention and other
improvements as illustrated on the plans and specifications hereto
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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 . Financial Guarantee, Time for Completion of Improvements
If occupancy of the structure is to occur prior to the
installation of all. required on-site improvements , this
Improvements Agreement must be secured by a Performance Bond
undertaken and issued by a Corporate Surety acceptable to the City
an authorized to conduct business in the State of Montana, payable
to the assurance and use of 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 that time for the
limited purpose of completing said improvements. Said Performance
Bond shall be valid for a period of not less than twelve ( 12 )
months . In any event , all required improvements as delineated on
Exhibit "A" , which is attached and made a part of this Agreement ,
shall be completed within nine ( 9 ) months following early occupancy
in order to avoid default.
4 . Inspection
Representatives of the City shall have the right to enter upon
the property at any reasonable time in the normal business day in
order to inspect it and to determine if the Owner is in compliance
with this Agreement , and the Owner shall not deny the City' s
representatives access to the property for this limited purpose at
any reasonable time in the normal business day.
5 . Default
Time is of the essence of this Agreement . If the Owner shall
default in 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 PMF, a Wyoming Partnership, 555 Absaraka, Sheridan, WY
82801 , or such other address as the Owner shall provide to the City
from time to time , without being completely remedied, satisfied ,
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and discharged , the Cite may elect to enforce any or all of the
following specified remedies:
( A ) The City may, at its option, declare the Performance Bond
to be forfeited and to use its proceeds to procure
completion of the improvements described herein.
( B ) The City may enforce any other remedy provided by law.
6 . Warranty
The Owner shall warrant against defects in these improvements
for a period of one year from the date of their written acceptance
by the Governing Body. Any required landscaping must be maintained
in a healthy, growing condition at all times . Any plant that dies
must be replaced with another living plant that complies with the
approved landscape plan.
7 . Governing Law
This Agreement shall be construed according to the laws of the
State of Montana. In the event of litigation, venue is in the 18th
Judicial District in and for the County of Gallatin, State of
Montana.
8 . Attorney ' s Fees and Costs
That in the event it becomes necessary for either Party to
this Agreement to retain an attorney or use in-house counsel to
enforce any of the terms or conditions of this Agreement or to give
any notice required herein, then the prevailing Party or the Party
giving notice shall be entitled to reasonable attorney fees and
costs , to include fees , costs , and salary of in-house counsel .
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 .
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11 . No Assignment
It is expressly agreed that the Owner will not assign this
Agreement in whole , or in part , without the prior written consent
of City , which said consent the City shall not unreasonably
withhold .
12 . Successors
This Agreement shall be binding upon, enure to the benefit of ,
and be enforceable by the parties hereto and their respective
heirs , personal representatives , successors and assigns .
PMF, A WYOM P
B Y: 01 �-
Title : General Partner
STATE OF
: ss
County of
On this 1C) day of 1992 , before me , a Notary
Public for the State of ,nZe)'x\c; , , ti , personally appeared
\�)\\1 V "C\Xrs, ' known to me to be a General Partner of
PMF, a Wyoming Partnership, the entity that executed the foregoing
Improvements Agreement and acknowledged to me that he executed the
same for and on behalf of said partnership.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first above written.
Notary Public for State of
Residing at :
Commission Expires :
THE CITY OF BOZEMAN
Phillip orbes
Director- of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the 11�A day of V� , 1992 , 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 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
sea on the day and year first written above .
notary Public fo Stat:e of Montana
Residing at : 1 �
Commission Expires .
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"EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS
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PROJECT: Z-9257 - Minor Site Plan allowing the construction of a 6 , 842+ sq. ft . office/
laboratory building on Lot 4 of the proposed minor subdivision of Lots 3 and 4 ,
Block 1 , Advanced Technology Park Subdivision, Phase 2 . PMF, A Wyoming
Partnership, Owner
OWNER' S SIGNATURE: By:
General Partner
-------------------------------------------------
ITEM SQ. FT /LN FT COST/UNIT EST COST
Curb 460 ln. ft . $ 8 . 25/ln. ft . $ 3 , 755 . 00
Sidewalk ( on site ) 620 ln. ft . x 5 ' width = 3100 sqft . $ 1 . 90/sq. ft . $ 5 , 890 . 00
Landscaping, general 29 , 296 sq. ft . $ . 21/sq. ft . $ 6 , 152 . 00
( sod , irrigation, grading )
Colorado Spruce Trees 2 $175 . 00 ea. $ 350 . 00
Norway Maple Trees 4 $225 . 00 ea. $ 900 . 00
Green Ash Trees 4 $ 72 . 00 ea. $ 288. 00
Redmond Linden Trees 2 $ 59 . 00 ea. $ 118. 00
Russian Olive Trees 2 $ 38 . 00 ea. $ 76. 00
Purple Leaf Plum 6 $ 20 . 00 ea. $ 120 . 00
Quaking Aspen Trees 15 $ 37 . 00 ea. $ 555 . 00
Rocky Mountain Juniper 5 $ 25 . 00 ea. $ 125 . 00
Tam Juniper 25 $ 25 . 00 ea. $ 1 , 400 . 00
Asphalt ( drives/pkg ) 9 , 690 sq. ft. $ 1 . 00/sq . ft. $ 9 , 690 . 00
Garbage Enclosure ( 1 ) $250 . 00 ea. $ 250 . 00
Retention Area 22 cu . yd. $ 4 . 00/cu. yd. $ 88. 00
TOTAL ESTIMATED COST: $29 , 757 . 00
x 1 . 5 =
$44 , 635 . 50
Approved by City Engineering Office : Date : \\