HomeMy WebLinkAbout16- Improvements Agreement - Jam Fusion - Conditional Use Permit and Certificate of Appropriateness Application - Street Sign and Asphalt Replacement Jam Fusion CUP/COA Improvements #16-199
Inter-office original to:
City of Bozeman
Department of Planning&Community Development
20 Bast Olive Street
IMPROVEMENTS AGREEMENT
FOR THE JAM FUSION CONDITIONAL USE PERMIT AND
CERTIFICATE OF APPROPRIATENESS APPLICATION
BOZEMAN,MONTANA
THIS AGREEMENT is made and entered into this � day of December, 2016, by
and between Richard Haile, PO Box 6429, Bozeman, MT 59771 hereinafter called the "Owner,"
and Aaron Parker, 25 W. Main Street, Bozeman, MT 59715 hereinafter called the "Tenant" 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 Owner and Tenant to meet the conditions
of approval of a Conditional Use Permit (CUP) and Certificate of Appropriateness (COA)
Application to allow renovations of the existing building and related site improvements on
property located at 25 West Main Street and legally described as Tracy lst Add, S07, T02S, R06E,
Block A, Lot 9, &27' W S Lot 8, City of Bozeman, Gallatin County, Montana.
WHEREAS, it is the intent of the Owner and Tenant to obtain final occupancy for the
building located at 25 West Main Street; and
WHEREAS, it is the intent and purpose of both the Owner and Tenant 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 approval of said Conditional Use Permit Application and Certificate of
Appropriateness.
NOW,THEREFORE,in consideration of the mutual covenants and conditions contained
herein, it is hereby agreed as follows:
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Jam Fusion CUP/COA Improvements - #16-199
1. Property Description
This Agreement pertains to and includes those properties which are designated as B-3 on
y g p, _ legally.........—......ibed
the City o Bozeman Zoning Ma and identified as at 25 West Main Street and described
as Tracy I"Add, S07, T02S, R06E, Block A, Lot 9, &27' W S Lot 8, City of Bozeman Gallatin
County,Montana.
2. Improvements
This Agreement specifically includes street sign replacement and asphalt replacement in front of
25 W. Main St, Bozeman, MT 59715. 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, 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 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 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 Owner and Tenant are in compliance with this
Agreement, and the Owner and Tenant 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 for this Agreement. If the Owner and Tenant 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
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Jam Fusion CUP/COA Improvements'.:.i::. #16-199
the default is deposited in the United States mail addressed to the Owner at Richard Harte,PO Box
6429 Bozeman MT 59771 and Tenant at Aaron Parker, 25 W. Main Street Bozeman MT 59715
or such other address as the Owner and Tenant 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. Indemnification
The Owner and Tenant 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 Owner and Tenant 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
Owner and Tenant. The Owner and Tenant is not an agent or employee of the City.
7. Warranty
The Owner and Tenant 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 Owner and Tenant
acknowledges that the required landscaping must be maintained in a healthy, growing condition at
all times. The Owner and Tenant 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 Owner and
Tenant hereby acknowledges that failure to maintain required landscaping in a healthy growing
condition at all times may result in revocation of the conditional use permit.
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Jam Fusion CUP/COA Improvements'.`.;
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 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 Owner and Tenant 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,
s
and be enforceable by the parties hereto and their respective heirs, successors and assigns.
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am Fusion CUP/COA Improvements... #16-199
LANDOWNER
By:
Ric and Harte , Owner
STATE OF MONTANA )
:ss
COUNTY OF GALLAT )
On this day of ,2016, befor5 me,the undersigned, a Notary
Public for t e State of Montana,personally appeared 144--/e ,known to me to be the
landowner that executed the within instrument,and whose name is subscribed to the within
instrument and acknowledged to me.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
MGILAf l SAM GILMER
otary Pubfic
o f
- :NoTnsl,�(•• S&•�IaN Stag:of Montana (Printed name)
Bozemadingo t: Notary Public ar the State of Montana
My Comrhigslon Expires: Residing at
January 25,2020 My Commission Expires:^ k h . 2 S . ;�?«.2Ln
(Use four digits for expiration year)
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Jam Fusion CUP/COA Improvements #16-199
TENANT - -
4
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Aaron Parker ,Tenant
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this— �day of �nyber , 201 , before me, the undersigned, a Notary
Public for the State of Montana, personally appeared g roll Rr ,Jqr, known to me to be the
tenant that executed the within instrument, and whose name is subscribed to the within
instrument and acknowledged to me.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
. r
(SEAL) (Printed name)
, PiNE KATHERINE MAINES Public for the State of Montana
` Notary Public
o7AW X`' for the State of Montana Residing a
Residing at: My Commission Exp
>,,5;.SEAL."e- Belgrade, Montana (Use four digits for expiration y
9oF MoP My Commission Expires:
"• ,,,, July 22,2020
Improvements Agreement Pa e 6
Jam Fusion CUP/COA Improvements #16-199
THE CIE F:rAN
rtin MatseW
Director City of Bozeman Community Development
STATE OF MONTANA)
:ss
County of GALLATIN )
On this day of , !'Q M)l 1' , 2016, before me, a Notary Public for the State of
Montana,personally appeared Martin Matsen,known to me to be the person described in and who
executed the foregoing instrument as Director of the City of Bozeman Department of Community
Development,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 Notarial Seal the
day and year first above written.
(SEAL) ( r ame)
Notary Pub is a State of Montana
P;NF�q: KATHERINEMAINES Notary Public Residing at Bozeman
,oTARiq4': '_for the State of Montana My Commission Expires:
Residing at:N SEAL Belgrade, Montana
(Use four digits for expiration year)
�. .•Q-
"oFMo�*° My Commission Expires:
July 22, 2020
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Jam Fusion CUP/COA Improvements:.
EXHIBIT A
S +w S T E M es sf Air
125 Central Ave,Unit 1
662eman,MT S9718
406•S22-1i14
Fox406-S86.9a69
lkconher 6.2016
Aaron Packer
RE:Jain<'aAr
Awun.
Per}rout request we are phased to oMr you our t:stimuted proposal to repeir the asphalt on Main street in
14oat o0orn Cite in the size of appmximaleb,10%13(I So N11)to indu&ctny airect nwtf inlet and imtTtc
control as needed to complete the pr*o.It ix agsumcd that all gimvel ur toed mixiere is in phift aml
coinpactcd as required.
As dt.sedbud alxwo we ptopnao to complete this wont o.follttv,°s:
HVAC'Basc Bid Slig-'lilt
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Jam Fusion CUP/COA Improvements #16-199
CiC7M,Irrsl,T,r
SYS ? E M S o1MT
125 Central Ave,Unit J
Bozeman,MT 59718
406-522-1114
Fax 40r,596-9369
December b,2016
Aaron Parker
RE:Jam W&
Aaron,
Per your request we are pleased to offer you our estimated proposal for the following items:
• Installation ofsign sleeve
• installation of Sign
• All labor and miscellaneous materials required.
As described above we propose to complete Elvis work as follows:
UV AC Base Bid 5300.00
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Total Amount per estimates= $1,287.00
Total Amount guaranteed= $1,930.50
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