HomeMy WebLinkAbout15- Imperial Inn/Lark Hotel Reuse Application i
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Irn erial Inn/Lark Hotel Reuse COA Z13224
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IMPROVEMENTS AGREEMENT
FOR THE IMPERIAL INN/LARK HOTEL REUSE APPLICATION
BOZEMAN,MONTANA
THIS AGREEMENT is made and entered into this g day of lck :— ;
201by and between Imperial Four Hundred, LLC 3131 Sentinel Drive Bozeman MT 59715
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hereinafter called the "Developer," and the City of Bozeman, a Municipal Corporation of the
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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 Reuse COA Application to allow the renovation and construction of a hotel
building on property located at 122 West Main Street and legally described as the West 25' of
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Lot 4, Lots 5-7 and the South 18' of Lots 8-9 Block B Story Addition City of Bozeman
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Gallatin County,Montana
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WHEREAS, it is the intent of the Developer to obtain occupancy for the buildingat t 122
West Main Street; 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 and guarantee requirements for the conditional
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approval of said Site Plan Application.
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 as B-3 on
the City of Bozeman Zoning Map, and identified as 122 West Main Street and legally described
as the West 25' of Lot 4, Lots 5-7 and the South 18' of Lots 8-9 Block B Story Addition City
of Bozeman, Gallatin County, Montana.
2. Improvements
Improvements Agreement Pa a-1
Imperial Inn/ Lark Hotel Reuse COA Z13224
This Agreement specifically includes exterior paint and landscaping as provided in the approved
Final Plan Z13224 and provided estimate. The estimated cost of these improvements is attached
as Exhibit A.
3. Financial Guarantee,Time for Completion of Improvements
If the use of the structure is to occur prior to completion of all required on-site improvements,
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this Improvements Agreement must be secured by a financial guarantee, as may be deemed C
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 the
time occupancy of structures is requested. Improvements may be financially guaranteed with a
letter of credit or other acceptable form of security. 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
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completed within nine (9) months of occupancy in order to avoid default on the method of
security.
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4. Inspection
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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. Defaulttt
Time is of the essence for this Agreement. If the Developer shall default in or fail to fully
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perform any of its obligations in conformance with the time schedule under this Agreement, and
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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
Imperial Four Hundred LLC 3131 Sentinel Drive 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
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Improvements Agreement Pa e2
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Im erial Inn/Lark Hotel Reuse COA Z1 2224
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. Indemnification
The Developer hereby expressly agrees to indemnify and hold the City harmless for and against
all claims, costs and liability of every kind and nature, for injury or damage received or sustained
by any person or entity in connection with, or on account of the performance of work at the
development site and elsewhere pursuant to this Agreement. The Developer further agrees to aid
and defend the City in the event that it is named as a defendant in an action concerning the
performance of work pursuant to this Agreement except where such suit is brought by the
Developer. The Developer is not an agent or employee of the City.
7. Warranty
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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. The Developer acknowledges that
the required landscaping must be maintained in a healthy, growing condition at all times. The
Developer is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning,
and other maintenance of all plantings as needed. Any plant that dies must be replaced with
another living plant that complies with the approved landscape plan. The Developer hereby
acknowledges that failure to maintain required landscaping in a healthy growing condition at all f
times may result in revocation of the conditional use permit.
8. 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.
9. 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
Improvements Agreement Pa e 3 h
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Imperial Inn/ Lark Hotel Reuse COA Z13224
entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house
counsel including City Attorney.
10. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid, unless agreed to in writing by
the parties hereto.
11. 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.
12. 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.
13. 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.
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Improvements Agreement 7Ta e'4
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Imperial Inn/ Lark Hotel Reuse COA Z13224
CORPORATION
on Evans, President
On behalf of Imperial 400,LLC
STATE OF MONTANA )
)as.
County of Gallatin )
On this �C day of 20 , before me, the undersigned, a Notary
Public for the State of :yi 't!j L)'M a, , personally appeared Jon Evans known to me to be
the President of Imperial00, LLC the corporation that executed the within instrument, 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.
(SEAL)
Notary ublic arthe State of Montana
Residing at B n
mmission Expires
r.3 CARD° BAKER
Notary Pubes
:,A0!AR,1At for the State of Montana
Residing t:
ig 1 o' Belgrade, Montana
° icy Commission Expires:
C c August i , 2018
Improvements Agreement Pa e 5
Im erial Inn/ Lark Hotel Reuse COA Z13224
THE C TY OF'VOZEMAN
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Wendy Thomas
Director of Community Dev.
STATE OF MONTANA )
)ss.
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County of GALLATIN )
On this day of �-� , 2014, before me, a Notary Public for the
State of Montana, personally appeared Wendy Thomas, known to me to be the person described
in and who executed the foregoing instrument as Director of Community Development of the
City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me
that she executed the same for and on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
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# �ASI Notary Public for the State of Montana
7-nrnission
�st-is Residing at C (\V\
s ofMontana My Commission Expires :. ;
<r: S ,k i, (Use four digits for expiration year)
-0s r�;��`'. Ex�,res°
_. ArrH'0?, 2017
Improvements Agreement Pa e 6
Im erial Inn/ Lark Hotel Reuse COAL Z13224
EXHIBIT A
Work remain at time of occupancy 2)4/2015 '..
amount
EXTERIOR PAINTING 3750
ZONE 1.
A.GROUND COVER TO BE DECOMPOSED GRANITE 750
B.PROVIDE WEED MAT UNDER ALL LANDSCAPE AREAS 200
C.TREE GRATE PER CIVIL WHEN SHOWN,OTHERWISE NO GRATE{Iandccapo plan note 12) 4s011ed
D.VALD SCULPTURE PER PLAN(p-o.,-"d to h rnmoved) removed
E.(3)THREE SETS OF SMALL SHRUBS IN GROUPINGS OF THREE PLANTS 185
F.PROVIDE IRRIGATION TO LARGE CANOPY TREES AND SHRUBS ON SERRATE ZONES installed
ZONE 2.
A.GROUND COVER TO BE DECOMPOSED GRANITE 750 f
B.PROVIDE WEED MAT UNDER ALL LANDSCAPE AREAS 200
C.SNOW REMOVAL AREA 200 !
ZONE
.A.GROUND COVER TO BE DECOMPOSED GRANITE 900
S.PROVIDE WEED MAT UNDER ALL LANDSCAPE AREAS 320
a SNOW REMOVAL AREA 275
D.(3)THREE SETS OF SMALL SHRUBS IN GROUPINGS OF THREE PIANTS 280
E.MOSS TO GROW IN BETWEEN CONO,PAVERS TYP. na
70NE 4
.A.GROUND COVER TO BE DECOMPOSED GRANITE 750
S.PROVIDE WEED MAT UNDER ALL LANDSCAPE AREAS ISO ,rF!
C.NOT USED 0 B
D.(3)THRLE SETS OF SMALL SIIRUDS IN GROUPINGS OF THREE PLANTS 275
E.PROVIDE IRRIGATION TO LARGE CANOPY TREES AND SIiRUBS ON SERRATE ZONES Installed
F,MOSS TO GROW IN BETWEEN GONG.PAVERS TYP. no
ZONE S.
A.GROUND COVER TO BE DECOMPOSED GRANITE 750
B.PROVIDE WEED MAT UNDER ALL LANDSCAPE AREAS 210 r
C.TREE GRATE PER CIVIL WHEN SHOWN,OTHERWISE NO GRATE•gaNaaapo plan note 12) installed
0,(3)THREE SETS OF SMALL 61 MUDS IN GROUPINGS OF THREE PLANTS 275
E,PROVIDE IRRIGATION TO LARGE CANOPY TREES AND SHRUBS ON SERRATE ZONES Installed
F.MOSS TO GROW IN BETWEEN CONC.PAVERS TYK no
ZONE 6,A,GROUND COVER TO DE DECOMPOSED GRANITE 1100 is
B.PROVIDE WEED MAT UNDER ALL LANDSCAPE AREAS 270
O.NOT USED 0
0.(6)SIX SETS OF SMALL SHRUBS IN GROUPINGS OF THREE PLANTS 5S0
E.PROVIDE IRRIGATION TO LARGE CANOPY TREES AND SHRUBS ON SERRATE ZONES installed
F.MOSS TO GROW IN DETiTLN CONO.PAVERS TYP• na
ZONE 7.
A.GROUND COVER TO DE DECOMPOSED GRANITE 750
B.PROVIDE WEED MAT UNDER ALL LANDSCAPE AREAS 210
C.BIKE RACK-SEE ARCH 550I
0.(3)THREE SETS OF SMALL SHRUBS IN GROUPINGS OF THREE PLANTS 260
E PROVIDE IRRIGATION SHRUBS Instated
F.Nf056 TO GROW IN BETWEEN CONC.PAVERS TYP, no
ZONED
A.GROUND COVER TO BE DECOMPOSED GRANITE 950
B,PROVIDE WEED MAT UNDER ALL LANDSCAPE AREAS 215
C.NOT USED 0
D.($)SIX SETS OF GRASSES IN GROUPINGS OF THREE 750
E.PROVIDE IRRIGATION TO GRASSES Installed
ZONE R,A.GROUND COVER TO BE DECOMPOSED GRANITE S25
B.PROVIDE WEED MAT UNDER ALL LANDSCAPE AREAS 200
C.NOT USED 0
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D.(0)SIX SETS OF GRASSES IN GROUPINGS OF THREE 720
E.PROVIDE IRRIGATION TO GRASSES Irrslalled
17280
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Total Amount to be Guranteed $17,280 x 1.5=$25,920
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