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Home My WebLink About99- Lot 4, Valley Commons Business Park IMPROVEMENTS AGREEMENT FOR BUILDING NO. 1, LOT 4, VALLEY COMMONS BUSINESS PARK 3825 VALLEY COMMONS DRIVE 1� THIS AGREEMENT is made and entered into this 7 D day of 1999,by and between Michael L. McKenna, Katherine, R. McKenna, Todd Hillier, and Leanne Schraudner, c/o Michael L. McKenna, 3515 Sourdough Road, Bozeman, MT 59715, 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 Permit application for Valley Commons Business Park to allow the construction of one structure for a professional office building,parking lot improvements,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 Building No. 1, Lot 4,Valley Commons Business Park,3825 Valley Commons Drive,City ofBozeman,Montana. 2. Improvements This Agreement specifically includes sidewalk, landscaping and parking improvements for Building No. 1 as illustrated on the plans and specifications contained in file Z-9599 ofthe 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". IMPROVEMENTS AGREEMENT, LOT 4, VALLEY COMMONS BUSINESS PARK PAGE 1 3. Financial Guarantee. Time for Completion of Improvements If occupancy of Building No. 1 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 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 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) days after written notice specifying the default is deposited in the United States mail addressed to the developer at 3515 Sourdough Road, 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. 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. IMPROVEMENTS AGREEMENT, LOT 4, VALLEY COMMONS BUSINESS PARK PAGE 2 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. 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-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 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. 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. Michael L. NfcKenna L. l\� Katherine R. McKenna Todd Hillier r eanne S hraudner IMPROVEMENTS AGREEMENT, LOT 4, VALLEY COMMONS BUSINESS PARK PAGE 3 STATE OF MONTANA ) :ss County of Gallatin ) On this day of r �K'CLy) 1999 before me, a Notary Public for the State of Montana, personally appeared Michael L. McKenna, Katherine R. McKenna, Todd Hillier, and Leanne Schraudner, known to me to be the persons who executed the foregoing Improvements Agreement, and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. C- BRp �> Q�ARiq�ky� Not Wry Public for State of Montana s Residing at EAL = Commission Expiate :bl�p� 1(n) __ 10 THE CITY OF BOZEMAN Phillip J. For es 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 appear hillip J. F bes,known tome to be the person described in and who executed the foregoing inst ment 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 j Notary Public for State of Montana Residing at Bozeman Commission Expires: IMPROVEMENTS AGREEMENT, LOT 4, VALLEY COMMONS BUSINESS PARK PAGE 4 "EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS BUILDING NO. 1, LOT 4, VALLEY COMMONS BUSINESS PARK PROJECT: Z-9599 - CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Building No. 1, Lot 4 is for construction of an 8,000 sq.ft. professional office building DEVELOPER: Michael L. McKenna, etal ITEM NUMBER/UNIT COST PER UNIT ESTIMATED COST Asphalt parking 31,200 sq.ft. $1.25 per sq.ft. $39,000,00 5' Sidewalk on Valley Commons Drive 250 ln.ft. = 1250 sq.ft. $2.50 per sq.ft. $3,125.00 Curb 5301n.ft. $10.00 per ln.ft. $5,300.00 Landscaping per site plan Z-9599 - Summit Ash, 2" caliper (9) $195.00 each $1,755.00 - Patmore Ash, 2" caliper (16) $195.00 each $3,120.00 - Autumn Purple Ash, 2" caliper (5) $195.00 each $975.00 - Installation of trees (50% of cost of plants) $2,925.00 - Irrigation, soil preparation 12,233 sq.ft. $0.50 per sq.ft. $6,116.75 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 $62,946.75 x 1.5 $94,420.00