HomeMy WebLinkAbout17- Improvements Agreement - Jarrafco - Spectators Bar & Grill Reuse Building Permit Application Spectators Bar & Grill Reuse SWIditik Permit`, _ ::;::
Inter-office original to:
City of Bozeman
Department of Planning&Community Development
20 East Olive Street
IMPROVEMENTS AGREEMENT
FOR THE SPECTATORS BAR& GRILL
REUSE BUILDING PERMIT APPLICATION
BOZEMAN,MONTANA
THIS AGREEMENT is made and entered into this 27th day of January, 2017, by and
between, Jarrafco 9 Tai_Lane, Bozeman, MT 59715 hereinafter called the "Owner," 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 Reuse BuildingPen-nit ermit to allow renovations of the existing building and related site
improvements on property located at 19 Tai Lane and legally described as Tai Lane Addition, Lot I
2, Sec. 13,T2S.RSE. City of Bozeman, Gallatin County,Montana.
WHEREAS, it is the intent of the Developer to obtain final occupancy for the building
located at 19 Tai Lane; 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
approval of said Reuse Building 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 designated as B-1 on fr
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the City of Bozeman Zoning Map,and identified as 19 Tai Lane and legally described as Tai Lane
Addition,Lot 2, Sec. 13,T2S,RSE, City of Bozeman, Gallatin County, Montana.
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2. Improvements
This Agreement specifically includes trash enclosure as provided in reuse building_permit 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,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 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 for 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 Jarrafco 9 Tai Lane,
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:
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A) The City may, at its option, declare the financial guarantee to be forfeited and secure the
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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
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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
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
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the required landscaping must be maintained in a healthy, growing condition at all times. The
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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 times may result
in revocation of the conditional use permit.
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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
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Spectators Bar& Grill Reuse Building Permit
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, ensure to the benefit
of, and be enforceable by the parties hereto and their respective heirs, successors and assigns.
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Spectators Bar & Grill Reuse Building Permit
LANDOWNER
By: ,
Jarrafcp/ Owner
(On behalf q) (Capaci))
STATE OF MONTANA )
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COUNTY OF GALLATIN )
On this dj day of nu r , 2017,bef re me, the undersigned,a Notary
Public for the State of Montana,personally appeare Q I CC , known to me to be the
landowner that executed the within instrument, and acknowledged to me that he executed the
same as (insert capacity) SLID"Y and on behalf of Jairafco.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
KATHERINE MAINESe4 t A.
,���• qiy Notary Public
TAM,, N:for the State Of Montana
{ E L,) Residing at: (Printed name)
0..SEA Q, Belgrade, Montana
. • P`; Notar or the State of Montana
OF Ma My Commission Expires: }'
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July 22,2020 Residing at
My Commission Expires:
(Use four digits for expiration year
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Im rovements Agreement Pa e 5
Spectators Bar& Grill Reuse Building Permit
THE CITY OF B/OZEMAN
artin Matsen
Director City of Bozeman Community Development
STATE OF MONTANA)
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County of GALLATIN )
On this eR4 dayofARUaN , 2017, before me, a Notary Public for the State of
Montana, personally appeared Mai ' 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 hereunt set my hand and affixed my Notarial Seal the
day and year first above written.
KATHERiNE MAINES
) name}
�E ?A, EAL Notary Public
oi f;i,y�.N:for the State of Montana Notary Pu < he State of Montana
Residing at:
SEAL,', l3elgrade, Montana Residing at Bozeman
'-� �` My Commission Expires:
of rno ,, July 22, 2020 My Commission Expires:
(Use four digits for expiration year)
Improvements Agreement Pa e 6
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EXHIBIT A
ru�tnnl lcittiC�
Estimate/Invo'ice
lamttIldldershit. (neoiaAak : _Cl-
ri Tui lane sublllittei w SPL)aU1uls.Jcc-DOMRnnl.i
R117 MUL,OF 59 7 15 Addnw: 19,a!t%r.c
itOff-522-391 City:Slala,Lip;t wIllan.Nit 59'.15
Purir.a Nw:<ixtbxga ountaiument repair
II.iHil:hxel,larrcll
littiOlf.Elllit:all.� Qurmlil7 Ynce Tntxl
flcrnorc Rt�plaretepair
Wbw ltlnlait tnent G305
'I`n repair and ruakc n;nhl l+lrl meCl r:.itg
reTrirrmenJr
Thix its
UtltatA it not to esreed E100.(IU
Mutetial and T.nlmr fors!lbl►1 �l;r1�1.�6
Aaler!a!xnd 1 diar 1rD111• V b
Grand htal 31,Otlp,tln
Jaticlt Voila ers hu:.is Jtappf to SHYP Vrot..'lltrOU Y4111 11W l OU 1304 sc!
it.Michael Jarrell,I'rc�idtml
,lurrrll6uildemhe. E Total Amount per estimates= $1,000.00
Total Amount guaranteed= $1,500.00
Improvements Agreement P