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HomeMy WebLinkAbout93- Lincoln Square Building two Steve Sparks IMPROVEMENTS AGREEMENT FOR, LINCOLN SQUARE BUILDING TWO STEVE SPARKS THIS AGREEMENT is made and entered into this day of 400 1993 b and between Steve S y parks, 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 application to construct a 5 , 077 sq. ft . office building on the property in question; and WHEREAS , it is the intent of the Developer to obtain Final Site Plan approval. ; 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 guarantee requirements for the conditional approval of said Conditional Use Permit . 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 and identified as Lot 1 of the Remington Subdivision, City of Bozeman , Gallatin County, Montana, and more commonly described as 1822 West Lincoln Road . 2 . Tn-roy_ements 'Phis Agreement specifically includes the installation of landscaping , access , and other improvements as illustrated on the plans and specifications hereto attached and made a part of this Agreement , as "Exhibit A" . The estimated cost of said improvements i.4 attached and made a part of this Agreement , as "Exhibit B" . 1 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 , the 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 that time . Said method of security shall be valid for a period of not less than twelve ( 1.2 ) 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 . Ins . ectii.on 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 are in compliance with this Agreement , and the Developers 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 32 Gardner Park, 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 Cho V01.l.ow:i ng spec i f.i ed 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. 2 1 . The City ' s representative , contractors , and engineers shall have the right to enter upon the property and perform si_tch 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 provided by law. G . Warranty The Developer shall warrant against defects in these i-mprovements 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 Slate of Montana. 8 . Mod:i.fJ.cat ions or. Alterations No modifications or amendment of this Agreement shall be valid , tinless 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 IL- is expressly agreed that the Developer shall not assign Lhi Agreement, in whole , or in part , without prior written consent Lo C_i- Ly . 3 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 . S STATE Or MONTANA ) : ss County of Gallatin ) On this 671t� day of 1993 , before me , a Notary Public for the State of Montana, personally appeared Steve Sparks , known to me to be the person who executed the foregoing Improvements Agreement 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 State of Residing at Commission Expires : THE CITY OF BOZEMAN 94(4 Phillip J . L'or s Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the 10"t day of 44�l 1993 , 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 WIIEREOF, I. have hereunto set my hand and affixed my seal on the day and year first written above . jNotar Public for tat of Montana d a t : N. v Commission Expires : 4 "EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS LINCOLN SQUARE BUILDING TWO 1822 WEST LINCOLN ROAD ----------------------------------------------------------------------------------------- PROJECT: Z-9356 - Conditional Use Permit allowing the construction of a 5 , 077 sq. ft. office building at 1822 West Lincoln Road DEVELOPER: Steve Sparks ---------------------------------------------------------------------------------------- ITEM SQ.FT . /LN. FT. COST/UNIT EST COST Landscaping , general 1 , 500 sq. ft . $ . 21/sq. ft . $ 315 . 00 ( sod, irrigation, grading, berms ) Bike Rack 2 $130 . 00 ea. $ 260 . 00 Signs (disabled) 2 $ 25 . 00 ea. $ 50 . 00 Concrete Pavers 400 sq. ft . $ 1 . 00 sq. ft . $ 400 . 00 6 ' high fence 150 ln. ft. ( 900 sq. ft . ) $ 1 . 50 sq. ft . $ 1 , 350 . 00 TOTAL ESTIMATED COST: $ 2 , 375 . 00 X 1 . 5 = $ 3 , 562 . 50