HomeMy WebLinkAbout97- Infrastructure Improvement for the Hampton Inn Motel IMPROVEMENTS AGREEMENT FOR
INFRASTRUCTURE IMPROVEMENTS FOR
THE HAMPTON INN MOTEL, 75 BAXTER LANE
THIS AGREEMENT is made and entered into this . day of J Q L c r , 1997,
by and between Westmont Corporation, 2800 Spring Meadow Drive, Bozeman, MT, 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
infrastructure improvements required for Major Site Plan application Z-95133 to construct a Hampton Inn
Motel on the hereinafter described property; and
WHEREAS,it is the intent of the Developer to obtain a building permit for the project prior to the
installation and acceptance of all required infrastructure; 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 of said Major Site Plan approval.
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 and Estimated Cost of Improvements
This Improvements Agreement specifically includes:
a) Completion of manhole turnouts for all turnouts on the project.
b) A deviation from the Montana Department of Environmental Quality for the
portions of the sewer main extension that will be outside the tolerances allowed by
the approved specifications must be obtained, or corrections shall be made so the
project conforms to the specifications.
c) All sections of the sewer main that are raised shall be tested for infiltration and the
T.V. inspection shall be repeated. These tests shall be completed prior to
acceptance of the sewer main by the City of Bozeman.
IMPROVEMENTS AGREEMENT, HAMPTON INN MOTEL INFRASTRUCTURE PAGE 1
d) A T.V. inspection all sections of the sewer main that are raised shall be conducted
by the Contractor during the 23rd month after City of Bozeman acceptance to allow
for adequate information to perform the two year warranty inspection. The
Contractor shall pay the City Water/Sewer Department for this service prior to final
acceptance, or the Contractor may financially guarantee the inspection by some
other means.
e) The depth of the water within the pipe at the following locations equals or exceeds
one inch along the sewer main extension. These areas shall be corrected:
From Station To Station Max Depth Length
6+16 6+29 1" 13'
6+83 7+16 1-3/4" 33'
7+52 7+75 2-3/4" 23'
8+16 8+42 1-1/4" 26'
8+56 8+75 1-3/4" 19'
12+81 12+88 1" 7'
27+97 28+05 1" 8'
Note: Station values are approximate based on video log.
The Estimated Cost of said improvements, as calculated by the Developer's Engineer, and accepted
by the City of Bozeman, is Twenty Eight Thousand Four Hundred Dollars ($28,400.00). All
improvements are shown and referenced on the approved construction plans and specifications contained
in the files of the City Engineering Office, 35 North Bozeman Avenue, Bozeman, Montana.
3. Financial Guarantee Time for Completion of Improvements
It is the Developer's intent to obtain a building permit for the structure prior to the completion of
all required infrastructure improvements. Therefore, this Agreement shall be secured by a financial
guarantee in the form of First Security Bank of Bozeman Irrevocable Letter of Credit No. 19-970551,
dated July 2, 1997, with a maturity date of January 2, 1998, in the amount of Forty Two
Thousand Six Hundred Dollars ($42,600.00), which is one and one-half times the estimated cost of the
installation of all required improvements. The Developer hereby agrees that the improvements will be
completed prior to occupancy of the subject Hampton Inn Motel.
All required improvements shall be completed within the time frame provided herein for the
completion of the improvements 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.
IMPROVEMENTS AGREEMENT, HAMPTON INN MOTEL INFRASTRUCTURE PAGE 2
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 2800 Spring Meadows Drive, Bozeman, MT
59715, and to the Contractor, Williams Plumbing, 2131 Inudstrial Drive, Bozeman, MT 59715, or such
other addresses as the Developer and/or Contractor 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 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.
b. Warran
The Developer shall warrant against defects of all infrastructure improvements for a period of two
years from the date of their written acceptance by the City. A two-year warranty period is being required
due to concerns relating to the future integrity of the sewer line. The acknowledgment of the bonding
company for the project and appropriate changes in the bonds, if any, shall be provided to cover this two
year warranty period.
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 writing 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.
IMPROVEMENTS AGREEMENT, HAMPTON INN MOTEL INFRASTRUCTURE PAGE 3
10. 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 by 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.
WESTMONT CORPORATION
By: Carl Tange, Jr., Its P siden
STATE OF MONTANA )
:ss
County of Gallatin )
On this �?k��`day of Ot4Q 1997,before me, a Notary Public for the State of Montana,
personally appeared Carl Tange, A., known to me to be the president of Westmont Corporation, the
Corporation that executed the foregoing Improvements Agreement, and acknowledged to me that he
executed the same for and on behalf of said Corporation.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and
year first above written.
Q
Notary P blic fVazprl�
te f Mo tana
Residing at =4
Commission Expires: sa3
THE ITY OF BOZEMAN
Phillip J. Fo es
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin )
On theta day of 1997,before me, a Notary Public for the State of Montana,
personally appeared Phillip,�YforbdA,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
firs,writ n above
Notary Public for State of Montana
Residing at Bozeman
Commission Expires:
IMPROVEMENTS AGREEMENT, HAMPTON INN MOTEL INFRASTRUCTURE PAGE 4
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First Security Bank
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July 2, 1997 1y10
City of 13ozeman
P. O. Box 640
Bozeman, MT 59771-0640
RE: Williams Plumbing and Heating, inc.
P. O. Box 1 152
Bozeman, MT 59771-1 152
Letter of Credit No. 19-970551
Gentlemen:
We hereby open our irrevocable letter of credit in your favor for the account of Williams
Plumbing; and Heating, Inc. of Bozeman, Montana for a sum not to exceed the aggregate amount
of$42,600 U.S. Dollars available by your one or more clean drafts drawn at sight on us. Each
draft so drawn must be marked "Drawn under First Security Bank of Bozeman, P.O. Box 910,
(3ozeman, Montana 59771-0910 Letter of Credit No. 19-970551" and be accompanied by a
signed statement from City of Bozeman that Williams Plumbing and Heating, Inc. has tailed to
honor its contractual agreement with you.
This credit is subject, so far as applicable, to the "Uniform Customs and Practice for
Documentary Credits", 1993 Revision, the International Chamber of Commerce Publication No.
500.
We hereby agree with you that all drafts drawn under and in compliance with the terms of this
credit will be duly honored if drawn and presented for payment to our main office, First Security
Bank of Bozeman, P.O. Box 910, Bozeman, Montana 59771-0910.
This letter of credit is for sewer correction for the Hampton inn and will terminate January 2,
1998.
Sig •rely, J
RONALD R. FARMER
Executive Vice President
RRF/klm
P.O. Box 910 Bozeman, MT 59771-0910 - 406-585-3800 • Fax:406-585-3802