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Home My WebLink About99- Lot 9, Valley Commons Business Park IMPROVEMENTS AGREEMENT FOR LOT 9, VALLEY COMMONS BUSINESS PARK THIS AGREEMENT is made and entered into this /f)— day of 7u e-,X , 1999,by and between Big Sky Western Bank, P. O. Box 160489, Big Sky, MT 59716, hereinafter called the "Developer",and the City ofBozeman,a Municipal Corporation ofthe 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 for Valley Commons Business Park to allow the construction of a structure for a bank/office structure, parking and landscaping on the subject property; and WHEREAS, it is the intent of the Developer to obtain a building permit; 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 identified as Lot 9,Valley Commons Business Park, City of Bozeman, Montana. 2. Improvements This Agreement specifically includes sidewalk, landscaping and parking improvements as illustrated on the plans and specifications contained in file Z-9599 of the Bozeman City-County Planning office,referenced hereto and therefore made a part of this Agreement. 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 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 IMkiVEEid'C 1kGRM1'�, LOT 9VALLEY COMMON $ SINES ,. _._.... FPS. . 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 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 P. O. Box 160489, Big Sky,MT 59716, 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. 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. 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 and Venue This Agreement shall be construed under and governed by 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. I RE VEME N.T LOT ;:.V L�� ON�if�I��. ��S�Z �S• � I� ��E. 8. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-hour counsel including City Attorney. 9. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless agreed to in writing by the parties hereto. 10. 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. 11. No Assinment It is expressly agreed that the Developer shall not assign this Agreement in whole,or in part, without prior written consent of the City. 12. Successors Except as provided in paragraph 11, 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. BIG SKY WESTERN BANK By: ichael . Richards, President STATE OF MONTANA ) :ss County of Gallatin ) On this day of ! c�IF- 1999, before me, a Notary Public for the State of Montana, personally appeare iichards, known to me to be the President of Big Sky Western Bank, the company that executed the foregoing Improvements Agreement, and acknowledged to me that he executed the same for and on behalf of said company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notat Pub] o State of tana Resid' t y �[ Commission Expires: r ! LI oVME9T8t A09.88ME ,..LOT 9 VAUEY Commolq k3 S xzd§ x .`... . PAGE ..... THE CITY OF BOZEMAN Phillip J. For es Director of Public Service STATE OF MONTANA ) :ss County of Gallatin) On the I r day of , 1999 before me, a Notary Public for the State of Montana, personally appeared Phillip J. orbes, known to me to be the person described in and who executed the foregoing instrument as Director of Public Service ofthe 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. I Notary Public for Sidte of Montana Residing at Bozeman Commission Expires: .S 1 L3 S R(VEMENfiS AC1 -'M, LOT 5 VALLEY CtJMMt M .BT.TSPw "EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS LOT 9, VALLEY COMMONS BUSINESS PARK BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 9; construction of a bank/office building. Owner: Big Sky Western Bank NUMBER/ COST PER ESTIMATED ITEM UNIT UNIT COST 1. Asphalt parking per Site Plan, SD-3 23,000 sq.ft. $1.80/sq.ft. $41,400 2. 5' Sidewalk on Valley Commons Drive 243 In.ft. = 1,215 sq.ft. $4.00/sq.ft. $4,860 3. Curb & Gutter 1,025 ln.ft. $13.00/In.ft. $13,325 4. Landscaping per Site Plan SD-3 - Autumn Purple Ash, 2" caliper Nine (9) $195.00/ea $1,755 - Patmore Ash, 2" Caliper Twenty-one (21) $195.00/ea $4,095 - Installation of trees (50% of cost of plants) $2,925 - Irrigation, soil preparation 18,000 sq.ft. $0.50/sq.ft. $9,000 5. Trash Enclosure One (1) $2,000 $2,000 6. Bike Rack One (1) $500 $500 7. Accessible Parking Signs Two (2) $125.00/ea $250 TOTAL ESTIMATED COST $81,110