HomeMy WebLinkAbout90- IA for Highland Park Medical Office Buidling II IMPROVEMENTS AGREEMENT
FOR
HIGHLAND PARK MEDICAL OFFICE BUILDING II
This AGREEMENT is made and entered into this /% ,-4day of
&I(-"e1�i , 1990, by and between Bozeman Deaconess Foundation
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-9074
allowing the construction of a 34 , 220 square-foot medical office
building at 915 Highland Boulevard on an artificial lot in a Tract
of Land of the NW 1 /4 of the NW 1 /4 of Section 17 , T2S, R6E ,
P.M.M . , Bozeman , Montana, and more commonly known as 915 Highland
Boulevard , Bozeman , Montana;
WHEREAS , it is the intent of the Developer to satisfy the
conditions of approval for Major Site Plan Application #Z-9074 ;
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
associated with the property hereinafter described ; and it is
further the intent of this agreement, and of the parties hereto,
to satisfy the improvements guarantee requirements for said Major
Site Plan ;
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, that property which
is designated and identified as an artificial lot in a Tract of
Land of the NW 1 /4 of the NW 1 /4 of Section 17 , T2S, R6E, P.M .M. ,
in the City of Bozeman , and more commonly known as 915 Highland
Boulevard , Bozeman , Montana.
2 . Improvements
This agreement also includes the installation of all required
parking and landscaping improvements , storm detention area, and
other improvements as depicted on the approved Final Landscaping
and Final Site Plans and itemized on the Estimated Cost of
Improvements which 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 or commencement of the use is to
occur prior to the installation of all required 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 un-
installed improvements . Said method of security shall be valid for
a period of not less than twelve ( 12 ) months; however , all on-site
improvements shall be completed by the application within nine (9)
months of occupancy 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 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 915 Highland
Boulevard , Bozeman , Montana, 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.
1 . The City ' s representative, contractors, and
engineers shall have the right to enter upon the
property and perform such work and inspection , and
the Developer shall permit and secure any additional
permission required to enable them to do so.
B . 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 this 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
of the City.
L%
11 . 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.
BOZEMAN DEACONESS FOUNDATION
TITLE:
ACKNOWLEDGMENT
STATE OF MONTANA )
ss.
County of (�u[ICA-'-s )
On this Iq_ day of l)oierAbe,, 1990, before me,
a otary Public for the State of MONTANA, personally appeared
"qa,r./ K-e.11nec , known to me to be the legally authorized
representative of the Bozeman Deaconess Foundation and the person
whose name is subscribed to the above instrument and acknowledged
to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial seal the day and year first above written .
�--
Notary Public for the State of o �
Residing at ° �
My commission expires: 2_
(SEAL)
CITY OF BOZEMAN
A,�&'�'
Phillip or es
Directo of Public Service
STATE OF MONTANA )
ss.
County of Gallatin )
On the Z/ day of I014-1-1,3rZ 1990, 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.
NotaryyJ ublic for Stat of Montana
Residing at
Commission Expires: c4 . /-/, /-i-'jZ.
( SEAL )
O
"EXHIBIT B"
j ESTIMATED COST FOR IMPROVEMENTS
------ -----------------------------------------------------------------------------------------
DATE: 11/16/90
PROJECT: HIGHLAND PARK MEDICAL OFFICE BUILDING II
DEVELOPER: BOZEMAN DEACONESS FOUNDATION
Item Sq.Ft . /Ln . Ft . Cost Per-Unit Este Cost
awing:Asphalt 55,826 sq. ft. $1.00 / sq. ft. $ 55,826.00
Concrete
Sidewalks : 7300 sq. ft. $1.90 / sq. ft. 13,870.00
Curbing: 3500 tin. ft. $8.25 / lin. ft, 28,879_nn
Landscape: 1160350 so. ft, $, .21 / sq. ft, 24,433.00
Landscape Protection:
Garbage Enclosure :
Exterior Lighting:
TREES (all Species) see file work-up 7548.00
SUBTOTAL $130,552.00
TIMES W (1.5) _ $195,828.00
Approved By City Engineering Office: i, __ Date : ; r v�