HomeMy WebLinkAbout91- IA for Video Lottery Consultants IMPROVEMENTS AGREEMENT
FOR
VIDEO LOTTERY CONSULTANTS
THIS AGREEMENT is made and entered into this day of
X)fi-e,X� , 1991 , by and between Larry Lippon , owner of the
property at 2311 South 7th Avenue, located in Bozeman , Montana,
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 for Major Site Plan application #Z-9197
allowing the construction of a one story 3 , 600 square foot office
addition , a two story 20,400 square foot office addition , and a
6 , 000 square foot addition to the existing structure, and related
parking and landscaping improvements on Tract 1A of Certificate of
Survey #1393A, Summit Engineering Annexation in the City of
Bozeman, Montana, and more commonly known as 2311 South 7th Avenue.
WHEREAS, it is the intent and purpose of the Developer to
satisfy the conditions of approval for Major Site Plan application
#Z-9197 ; 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 r
associated with the property hereinafter described; and it is the
further intent of this Agreement, and of the parties hereto, to
satisfy the improvements guarantee requirements for the Major Site
Plan 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 the property
which is designated and identified as Tract 1A of Certificate of
Survey #1393A, Summit Engineering Annexation in the City of
Bozeman , Montana, and more commonly known as 2311 South 7th Avenue.
2 . Improvements
This Agreement includes the installation of all required
landscaping and site improvements, and other improvements as
depicted on the approved Final Landscaping and Final Site Plans
including landscaping , paving and curbing, selective removal of
existing pavement, sidewalks, and utility improvements.
Additionally, this Agreement includes the itemized Final Cost of
Improvements which is attached and made a part of this Agreement
as "Exhibit B" and "Exhibit B-1 " .
3. Financial Guarantee , Time for Completion of Improvements
If occupancy is to occur prior to installation of all required
landscaping and site improvements, the Developer shall submit to
the City an irrevocable letter of credit or bond in the amount of
150 percent of the cost of all uninstalled improvements.
Foreclosure proceedings shall be brought against the letter of
credit or bond if the required improvements have not been completed
within nine months of the posting date of bond or letter of credit.
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 of 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 2311 South 7th
Avenue, Bozeman , Montana 59715, or such other address as the
Developer shall provide to the City from time to time, without
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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;
B. ) The City may, at its option, declare that the conditions
of approval of the Major Site Plan application have not been
satisfied and are in violation of Section 18.52 of the Bozeman
Zoning Code and thereby nullify said approval ; or
C. ) The City may enforce any other remedy as provided by law.
6 . 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.
7 . Governing Law
This Agreement shall be construed according to the laws of the
State of Montana.
8 . Modifications or Alterations
No modifications or amendment of the Agreement shall be valid ,
unless evidenced by a writing signed by the parties hereto.
9 . 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.
10 . No Assignment
It is expressly agreed that the Developer shall not assign
this Agreement in whole, or in part, without prior written consent
from the City .
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11 . Sucessors
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, succ sors d assigns.
Larry L ' o owner of
2311 outh h Avenue,
Boze an , Mon ana
STATE OF MONTANA )
: ss
County of Gallatin )
On this day of 1991 , before me, a Notary
Public for the State of Montana, personally appeared Larry Lippon,
known to me to be the owner of the property at 2311 South 7th
Avenue, Bozeman, Montana, and acknowledged to me that he executed
the same for and on behalf of said establishment.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial Seal the day and year first above written .
hz�4 7�,L-,-7� v
Notary Public f e State of Montana
Residing
Commission Expir
(SEAL)
THE CITY OF BOZEMAN
da�l� "J--
Phillip orbes
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin )
On the Zs°k day of 1er00F(z 1991 , 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 seal on the day and year first written above.
NotarV Public for the State of Montana
Residing at: E`l. A
Commission Expires :
(SEAL )
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
- ----------------------------------------------------------------------------------------------- j
t
DATE: 20 SEPTEMBER 91
PROJECT: Video Lottery Consultants Maj. SP
DEVELOPER: Larry Lippon
w w------------------------w w- w w-----�•---------r-------- -----------r----------------------------
Item- Sq,Ft , /Ln . Ft . Contractor Est , Cost
Paving:Asphalt 27, 500 SF 1. 00/SF ' $27, 500 . 00
Concrete
Sidewalks : 3 , 960 SF . 90/SF 7, 524. 00
Curbing: 1 , 438 LF 8. 25/LF 11 , 863 . 50
Landscape: SEE EXHIBIT B-1 27, 224. 01
Landscape Protection:
Garbage Enclosure:
Exterior Lighting: 7 units 350 . 00/unit 2, 450 . 00
Water Improvements : (tier attached) Via Engineer's Estimate 44 , 000 . 00
Sewer Improvements: S�
Street Improvements :
2a
TOTAL ` ,41
X 1 . 5
GRAND TOTAL
round to $2 00 0
Approved By City Engineering Office: Date: r 3 Lt4
--
_ a\
_ � Q
EXHIBIT B-1
Video Lottery Consultants
Landscaping Estimate
item # of units cost/unit total
Patmore Green Ash 33 $275 . 00 $9 ,075. 00
Colorado Spruce 13 138. 00 1 , 794. 00
Cotoneaster ill 7 . 50 832 . 50
Prince of Wales Juniper 37 19 . 50 721 . 50
Flowering Crab 3 49 . 00 147 . 00
grass 69 , 781 SF . 21 /SF 14, 654. 01
TOTAL $27 , 224 . 01
VLC WATERMAIN IMPROVEMENTS
ENGINEER' S ESTIMATE
9/30/91
ITEM QUANTITY UNIT PRICE TOTAL PRICE
6" Class 51 DIP, Installed 1430 LF $ 22 LF $ 31 ,460
6" Gate Valves w/Box 6 $ 500 ea. $ 3, 000
Fire Hydrant Assembly 1 $ 1 , 600 ea. $ 1 , 600
900 Bends 1 $ 150 ea. $ 150
6" Plugs 4 $ 70 ea. $ 280
6" Tees 4 $ 225 ea. $ 11000
6" x 6" Cross 2 $ 350 ea. $ 700
Connection to existing 2 $ 500 ea. $ 11000
Domestic RPZ Backflow Preventor 1 $ 2 ,000 ea. $ 2 ,000
Fire Service Entrance Riser 2 $ 1 , 500 ea. $ 3 , 000
Total Cost Estimate $ 44, 190