HomeMy WebLinkAbout94- Technical Services Center- Phase 3- 825 Technology Blvd IMPROVEMENTS AGREEMENT
FOR
TECHNICAL SERVICES CENTER - PHASE III - 825 TECHNOLOGY BLVD.
This AGREEMENT is made and entered into this /
(D `-` day of
YtSZ 1994 , by and between Clair W. Daines , President ,
Clair W. Daines Inc . , 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 Minor Site Plan Review, Zoning
Application No . Z-93113 , to construct a two story, 4 , 800 sq. ft.
foot-print office building on the property in question;
WHEREAS, it is the intent and purpose of the Developer to
obtain Final Site Plan Approval ;
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
related to 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 Final Site Plan
approval of said Minor Site Plan Review.
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 a being :
Lot 2E of amended subdivision plat of Lot 2 , Block 2 , Advanced
Technology Park, being a portion of Tract "C" , Certificate of
Survey No . 1243 , situated in the northeast one-quarter and
northwest one-quarter of Section 14 , Township 2 South, Range
5 East , M.P.M. , Gallatin County, Montana.nd Lot #11 of Wheat
Commercial Subdivision, City of Bozeman,
2 . Improvements
This Agreement specifically includes the installation of
pavement, curb, sidewalk, landscape, irrigation system, site
surface drainage , and all other improvements as illustrated on the
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glans and specifications hereto attached and made a part of this
Agreement , as Exhibit "A" , Final Site Plan . The estimated cost of
said improvements is attached and made a part of this Agreement , as
FNhibit "B" .
3 . Financial Guarantee_, Time_ for Completion _of Im movements
If occupancy of said structure is to occur prior to
installation of the required improvements , all improvements 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 , for a period not
less than twelve ( 12 ) months .
T.n and event , all required improvements on the site as
delineated on Exhibit "A" , which is attached and made a part of
this Agreement. , shall be completed within nine ( 9 ) months of
occupancy of said structure .
•1 . 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 represeritatives to
enter upon and inspect the property at any reasonable time .
1)P fau l 1.
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 fifteen ( 15 ) days
after written notice specifying the default is deposited in the
United States mails addressed to the Developer at 45 East Kagy
Boulevard , Bozeman, Montana , 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 Citi 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
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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 provided by law.
6 . Attorney Fees
Tn the event it becomes necessary for either- party to enforce
arid- of the terms or conditions of this agreement through the use of
an attorney , then the prevailing, party shall be entitled to
reasonable attorney ' s fees and costs , including fees , salary , and
costs of in-house counsel to include City Attorney .
7 . Warranty
The Developer shall warrant that these impro ements are made
in a good and workman-like manner for a period of one year, from the
date of their written acceptance by the ;overnirig body . All
landscaped areas required by this Agreement shall. be permanently
maintained by the Developer pursuant to section 18 . 50 . 100 ( FI ) of the
Bozeman Area Zoning Code .
8 . Governing I_aw
This Agreement shall be construed accordin,• to the laws of the
State of Montana.
9 . Modification or Alterations
No modifications or amendment of this Agreement shall vs-ilid ,
unless evidenced by a writing signed by the parties hereto .
10 . Invalid Provision
The invalidity or unenforceability of any provision of this
Agreement sha11 not affect the other provisions hereof , and this
Agreement shall be construed in all respects as if' such invalid or
unenforceable provision were omitted .
1 1 . No _ Ass i 1nment.
11, is expressly agreed that the Developer shall riot assign
this Agsreement in whole , or in part , without prior written consent
to City .
12 . 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 .
D : EOPER
t \
Clair W. Dairies , Preside zt
Clair W. Daines , Incorporated
STATE OF MONTANA 1
: ss
County of Gallatin )
On this Z 1�-v� dad- of ���Q��� __— , 1994 , before me , a
Notary Public for the State of Mont(a"Ina, personally appeared Clair
W. Daines , Clair W. Daines Incorporated , known to me to be the
person whose name is subscribed to the within 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 da.y and year first above written .
Notary Public for' he State
of Montana
Commission
No �ar_ial Seal )
4
THE CITY OF BOZEMAN
oe
Phillip J F rues
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the r day of 1994 , before me , a Notary
Public for the State of ;he
ana, personally appeared Phillip J .
Forbes , known to me to beperson 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 the da and year first written above.
Notary Public for the State
of Montana
Residing : Bozeman, Montana,
Commission expires : 4 -/�yl
(Notarial Seal )
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
-------------------------------------------------------------------------------------------------
DATE: May 18 , 1994
PROJECT: Lot 2E of Tec ni �l ervices (enteX - Phase III
DEVELOPER: Clair Daine
-------------------------------------------------------------------------------------------------
Itbin- Sq .Ft . /Ln. Ft . Contractor Est Cost
Paving: 11
,Asphalt 6, 074 sq. ft. $ 6, 074. 00
Concrete
Sidewalks : 180 ln. ft. $ 1, 710 . 00
Curbing: 268 ln. ft. $ 2, 211 . 00
Landscape: Lot 2E $ 5, 000 . 00
Landscape Protection:
Garbage Enclosure: (1) $ 800 . 00
Exterior Lighting:
Retention Area Lot 2A $ 3 , 000. 00
Total $ 18 , 795. 00
x 1 . 5 $ 28, 192. 50
Approved By City Engineering Office: Date : S -