HomeMy WebLinkAbout96- Lot 5, Valley Commons Business Park IMPROVEMENTS AGREEMENT FOR
LOT 5, VALLEY COMMONS BUSINESS PARK
THIS AGREEMENT is made and entered into this `"day of , 1999,by and
between Valley Commons, L.L.C., 4135 Valley Commons Drive, Suite A, Bozeman, MT 59718,
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 Pen-nit application for Valley Commons Business Park to allow the construction
of a structure for an office/retail building, 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 5,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-
xMPRpVEMVNTS AGREEMENT, LOT 5, VALLEY COMMONS BUSINESS PARK PAGE I
half times the estimated cost of the installation of any required improvements not completed at that
time. Generally, life and public safety improvements such as paving in the parking lot and installation
of disabled parking signs are not able to be financially guaranteed. The improvements to be
financially guaranteed must be approved by the City's Development Review Committee. The 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 final site plan approval 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) clays after written notice specifying the
default is deposited in the United States mail addressed to the developer at 4135 Valley Commons
Drive, Suite A, Bozeman, MT 59718, 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.
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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.
S. Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain any 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 costs of in-house 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 Assijznment
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.
VALLEY COMMONS, L.L.C.
I
By. ��46�M•l�r-
X0!0VEM)W ' AGA'REMENT, LOIP 5 VALLEY::
STATE OF MONTANA )
:ss
County of Gallatin )
On this day of ,/LA- 1999 before me, a Notary Public for the State of p
Montana, personally appeared`M � Gte k k* w , known to me to be the 0.
of Valley Commons,L. L. C., the corporation that executed the foregoing Improvements Ag em t,
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.
—6r""-,
Notary Public for ate of Monta a
Residing at
Commission Expir !'? t o�
TI iE CITY OF BOZEMAN
Phillip J. For s
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin )
On the day of , 1999, before me, a Notary Public for the State of
Montana, personally appeared Phil l p 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 ofBozeman,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.
4o ry Public for State of Montana
Residing at Bozeman
Commission Expires:
ZNl tOV M NY' `. AGREEMENT.,. LOT 5 VALLtY COWONS'.UU8TXgSS pAttX
t?AM :4
"EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS
LOT 5, VALLEY COMMONS BUSINESS PARK
PROJECT: Z-9599 - CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 5 is for construction of a retail/office
building.
DEVELOPER: Valley Commons, L.L.C.
ITEM NUMBER/UNIT COST PER UNIT ESTIMATED COST
Asphalt parking per site plan Z-9599 20,250 sq.ft. $1.25 per sq.ft. $25,3 I2.50
5' Sidewalk on Valley Commons Drive 2401n.ft. = 1200 sq.ft. $2.50 per sq.ft. $3,000.00
Curb 955 ln.ft. $10.00 per ln.ft. S9,550.00
Landscaping per site plan Z-9599
-Lanceleaf Cottonwood, 2" caliper One (1) $195.00 each $195.00
- Patmore Ash, 2" caliper Twenty-five(25) $195.00 each $4,875.00
-Mayday Tree, 2" caliper One (1) $100.00 each $100.00
- Installation of trees (50% of cost of plants) $2,585.00
- Irrigation, soil preparation 14,620 sq.ft. $0.50 per sq.ft. $7,310.00
Trash Enclosure (1) $250.00 each $250.00
Bike Rack (1) $130.00 each $130.00
Accessible Parking Signs (2) $125.00 each $250.00
TOTAL ESTIMATED COST 53,557.50