Loading...
HomeMy WebLinkAbout90- Billion Auto Dealership Construction Agreement Pending P.U.D. Approval " I " ^ ' . (, ./\i,'; . (, CONSTRUCTION AGREEMENT PENDING P.U.D. APPROVAL Agreement made this 10th day of December, 1990, by and between the City of Bozeman, a municipal corporation and political subdivision of the State of Montana, hereinafter referred to as the City and Joe and Susan Billion, d/b/a/ J. C. Billion Auto Dealership, hereinafter referred to as Billion. Recitals A. Whereas, Billion has made application to the City for a Conditional Use Permit (C.U.P.) for a Planned Unit Development (P.U.D.) to develop a 20,000 square foot auto dealership on a 4.5 acre lot of a 20-acre parcel adjacent to the intersection of D. S. Highway 191 and Cottonwood Street; and B. Whereas, the proposal is only Phase I consisting of 4.5 acres of a multi-phase 20-acre Planned Unit Development; and C. Whereas, the City Commission prefers to review the entire P.D.D., not merely Phase I; and D. Whereas, Billion is willing to submit an application for the entire P.D.D.; and E. Whereas, the City Commission conceptually approves the proposed P.U.D.; and F. Whereas, the proposed building of Phase I can be allowed to be constructed if Billion enters into a legal agreement binding the 20-acre parcel to comply with the developmental guidelines to be developed by Billion and approved by the City and binding the Phase I site to comply with a final site plan for Phase I to be prepared by Billion for approval by the City; and G. Whereas, Billion is willing to execute said agreement. TERMS AND CONDITIONS THEREFORE, in consideration of the foregoing recitals and the terms and conditions contained herein, the parties hereto agree as follows: 1. Property Description: The location of the aforementioned C.U.P. for the development of a 20,000 square foot auto dealership on a 20 acre tract of land is described as being " . .. , the East , of the Southeast i of the Southeast i of Section 8, Township 2 South, Range 5 East, M.P.M. , Gallatin County, Montana. 2. Approved Construction: Upon execution of this Agreement by the parties hereto, and subject to the terms of this Agreement, Billion is specifically authorized to obtain a building permit from the City for the construction of the 20,000 square foot auto dealership according to the foot print submitted to the City in C.U.P. Application #Z-9052. 3 . Acknowledgment of Risks: Billion hereby acknowledges that the final site plan for Phase I is subject to DRB review and City Commission approval which may require revision to signage, including but not limited to building mounted signs, landscaping and rules for use of landscaped, display and parking areas, but will not include revisions to the proposed building size, construction material, orientation and location. Billion acknowledges that the remaining portions of the P.U.D. , as well as Phase I, are subject to the development guidelines to be developed within 45 days of the execution of this Agreement for the entire 20 acre parcel, following DRB and Planning Board review and City Commission approval. The development guidelines may include, but are not limited to the conditions recommended by the DRB, the City/County Planning Board, the City Commission and the list of items set forth in Exhibit A which exhibit is incorporated by this reference as though fully set forth herein. Nothing herein shall be construed as approving any portion of the Billion's proposal except for the Phase I building size, construction material, orientation and location. 4. Default and Time: Time is of the essence in the performance of this Agreement. If Billion defaults in or fails to fully perform any of his obligations under this Agreement and in compliance with the time schedule set forth in this Agreement, and if such default or failure shall continue for a period of five (5 ) days following receipt of written notice specifying such default or failure to perform, the City may elect to enforce any of the following specified remedies: -2- , . t: .. . a) Billion shall not be allowed to occupy the structure or site. b) The City may enforce any other remedy available in law or equity. 5 . Notice: Notice shall be deemed complete upon depositing into the United States Mail, postage prepaid and addressed to either party at the following addresses: City of Bozeman Joseph and Susan Billion P. O. Box 640 105 Silverwood Drive Bozeman, MT 59771-0640 Bozeman, MT 59715 or such other address as each party shall provide to the other party in writing. 6. Governing Law: This Agreement shall be construed according to the laws of the State of Montana, and if applicable the Bozeman Municipal Code. 7. Modifications or Amendments: No modification or amendment of this Agreement shall be binding unless evidenced by writing signed by all parties hereto. 8. Invalid Provision: The invalidity of unenforceability of any provision of this Agreement shall not affect the other provisions thereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 9. No Assignment: This Agreement shall not be assigned by Billion, in whole or in part, without the prior written consent of the City. 10. Binding Effect: 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. EXECUTED in Bozeman, Montana, the day and year first aforementioned herein. J. C. BILLION AUTO DEALERSHIP ~~ ~N tz ./~#~ .... SUSAN BlL ON -3- 1 t. \7 . .- . . . STATE OF MONTANA ) : ss. County of Gallatin) On this I()~ day of December, 1990, before me a Notary Public for the State of Montana, personally appeared JOSEPH BILLION and SUSAN BILLION, known to me to be the persons whose names are subscribed to the above instrument 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. SEA L ATTEST: J J;p~ ~ RO IN L. SULLIVAN Clerk of the Commission STATE OF MONTANA ) : ss. County of Gallatin) On this fact day of December, 1990, before me a Notary Public for the State of Montana, personally appeared ROBERT L. HAWKS and ROBIN L. SULLIVAN, known tome to be the persons whose names are subscribed to the above instrument and acknowledged to me that they executed the same. I have hereunto set my hand and affixed and ye~ first above written. -4- -- ---- --- -------