HomeMy WebLinkAbout97- The Hampton Inn Block 3, Tange's Addition IMPROVEMENTS AGREEMENT FOR
THE HAMPTON INN
BLOCK 3, TANGE'S ADDITION
THIS AGREEMENT is made and entered into this �_day of
1997, by and between with a mailing address of
ka, 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 Major Site Plan application No. Z-95133 to allow the construction of a Hampton Inn Motel on
the subject property; 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 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 those properties which are designated and identified
as Block 3, Tange's Addition, City of Bozeman, Gallatin County, Montana, and more commonly
addressed as 75 Baxter Lane.
2. Improvements
This Agreement specifically includes landscaping, paving, and other improvements as
illustrated on Final Site Plan Z-95133 on file in the Bozeman City-County Planning Office,made a
part of this Agreement through reference. The estimated cost of said improvements is attached and
made a part of this Agreement, as "Exhibit A".
3. Financial Guarantee Time for Completion of Improvements
If occupancy of the structure is to occur prior to completion of all required on-site
improvements, this Improvements Agreement must be secured by a financial guarantee, as may be
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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 (12) months. In
any event, all required improvements shall be completed within nine(9)months of occupancy of the
building in order 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, 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 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. The
City's representative, contractors, and engineers shall have the right to enter upon the
property and perform such work and inspection, and the Developers 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. Warran
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. 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.
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7. Governing Law and Venue
This Agreement shall be construed according to the laws of the State of Montana. In the
event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court,
Gallatin County, State of Montana.
8. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid, unless agreed to in a writing
signed by both parties.
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.
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.
DEVELOPER ?1,'E s ►�-i u ti o p .
Signature and Title
STATE OF 61Lf-.>>Ati )
:ss
County of ("cL.1161 h ) )
On this 2 day of ,mt---- 1997, before me, a Notary Public for the State of
rl,L a ti•c- , appeared fir; , /Lnc;�, Q1 , known to me to be the person who executed
the foregoing Improvements Agreement, and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day
and year first above written.
G 4"
Notary Pu g lic for State of O c-7t to o a—
Residing at
Commission Expires: a?�Llf
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THE CITY OF BOZEMAN
,
Phillip J. Forb
Director of Public Service
STATE OF MONTANA )
:SS
County of Gallatin)
On the day of 1997, before me, a Notary Public for the State of
Montana,personally appeared lip J. Forbes,known to me to be the person described in and who
executed the foregoing ' ent 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.
WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year fi t written ove.
Notary Public for State of Montana
Residing at Bozeman _
Commission Expires:
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EXHIBIT `A'
ESTIMATED COST OF IMPROVEMENTS
HAMPTON INN MOTEL
75 BAXTER LANE
ITEM S .FT./LN.FT. COST/UNIT EST.COST
Asphalt Parking (per site plan) 48,244 sq.ft. 1.25/sq.ft. $60,305.00
Curb 2,4601n.ft. $10.00/ln.ft. $24,600.00
Landscape (per landscape plan)
Little Leaf Linden 1'/z"caliper/8'high Six(6) $65.00 ea. $390.00
Russian Olive 1 Y" caliper/8'high Six(6) $65.00 ea. $390.00
Redlea£Mayday 1'/z" caliper/8'high Nine (9) $64.00 ea. $576.00
Quaking Aspen 4-5' seedling, min. Thirteen(13) $15.00 ea. $195.00
Water Birch, 8' b&b Seven (7) $165.00 ea. $1,155.00
Lilac, 2-3' seedling, min. Three (3) $6.50 ea. $19.50
Potentialla Fruticosa, 15" min. Eighteen (18) $12.75 ea. $229.50
Flowering Almond, 15" min. Three (3) $12.75 ea. $38.25
Harrisons Yellow Rose, # 1 cont. Ten (10) $12.75 ea. $127.50
Flowering Crab Shrub, #1 cont. Four(4) $12.75 ea. $51.00
Scotch Pine, 8'min. Thirty-five (35) $175.00 ea. $6,125.00
Installation of landscape (50% cost ------------------- -------------- $4,648.50
of plants)
Site Grading/grass/irrigation 47,850 sq.ft. $0.50/sq.ft. $23,925.00
On-Site Sidewalk 3,350 sq.ft. $2.50/sq.ft. $8,375.00
Wood Garbage Enclosure (1) $250.00 ea. $250.00
Wood fence for mech. equipment 45'x 5'=225 sq.ft. $1.50/sq.ft. $337.50
Bike Rack (1) $130.00 ea. $130.00
Signs (disabled) (4) $125.00 ea. $500.00
TOTAL ESTIMATED COST $132,368.00
x 1.5 = Cost of financial guarantee if
occupied prior to installation of
improvements $198,552.00