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Home My WebLink About14-Bozo, LLC Dairy Queen Improvements Agreement DAIRY QUEEN FURTHER DEVELOPMENUCOA Z12227 IMPROVEMENTS AGREEMENT FOR THE PP-kk&6,� e� F,,(Z r t Fk)COA APPLICATION BOZEMAN,MONTANA THIS AGREEMENT is made and entered into this day of ( �_, 20_A, by and between Bozo, LLC/Jason Howell PO Box 484 West Yellowstone MT 59758 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 Further Development and Certificate of Appropriateness Permit to allow the constriction of improvements to an existing commercial building and site on property located at 107 North 7h Avenue Bozeman, MT 59715 and legally described as Lots 7-10 Block 8 Springbrook Addition, City of Bozeman, Gallatin County Montana WHEREAS, it is the intent of the Developer to obtain occupancy for the building at 107 North 71h Avenue; 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 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-2 on the City of Bozeman Zoning Map, and identified 107 North 71h Avenue Bozeman, MT 59715 and legally described as Lots 7-10 Block 8, Springbrook Addition City of Bozeman Gallatin County, Montana. 2. Improvements Im rovements Agreement Pa e 1 DAIRY QUEEN FURTHER DEVELOPMENT/COA Z12227 This Agreement specifically includes paving, concrete and landscaping as provided in the approved final plan for the application and the 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 between Bozo, LLC/Jason Howell PO Box 484 West Yellowstone MT 59758 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 Im rovements Agreement Pa e 2 DAIRY QUEEN FURTHER DEVELOPMENT/COA Z12227 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 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 perfonnance 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 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 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 Im rovements Agreement Page 3 DAIRY QUEEN FURTHER DEVELOPMENT/COA Z12227 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 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. Im rovements Agreement Page 4 DAIRY QUEEN FURTHER DEVELOPMENT/COA Z12227 CORPORATION -J�SQA J( On b+y f o fV6:r.-'-L1 C STATE OF MONTANA ) )ss. County of Gallatin ) On this Q 6 day of No -ch , 2014, before me, the undersigned, a Notary Public for the State of ovt a n , personally appeared � n �a So 000 /1 known to me to be the , P m e r , p ha -P Y of Bozo, 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. �h PI� e -1�•�L.d CI N� (SEAL) Notary Public fort e State of Montana Residing at 'J�'D7 Piyul r) �I My Commission Expires: Lc" (Use four digits for expiration y ar) Penelope H. Idland 4E N tor: a2a��n,ntq�.2o�=_fc, t� :,a,:f ui ilc:r�ejlna Lj qP My commission Expires: OF M Im rovements Agreement Pa e 5 DAIRY QUEEN FURTHER DEVELOPMENT/COA Z12227 T� H�`'IITY F BOZEMAN n i Director of Commu Development STATE OF MONTANA ) )ss. County of GALLATIN ) On this day A f"P—) L- of , 2014, before me, a Notary Public for the State of Montana, personally appeared T3 P.-� ja-r--s y. A-2-v Ems , 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. WL HASTIE Notary Public for the State of Montana `fin ASli�=, NotarV Public Residing at lac, c: i/� 0 rA111g4 for the State of Montana My Commission xpires: t y - - Residing at: tit-U, •' Dozernatn, Oiontana (Use four digits for expiratio year) o�- My Comm ssion Expires. April 04,2017 Im rovements Agreement Pa e 6 DAIRY QUEEN FURTHER DEVELOPMENT/COA Z12227 EXHIBIT A North 7th Ventures Inc. Bozeman Dairy Queen , PO Box 484 West Yellowstone, MT 59758 Ph. 406-646-9026 March 5,2014 Mr. Brian Krueger City of Bozeman 20 E Olive St. P.O. Box 1230 Bozeman, MT 59771 Dear Brian, Please find attached the Application for the Improvements Agreement for the Bozeman Dairy Queen at 107 North 7"'Ave in Bozeman, MT. We have determined the final improvements that remain to finish the project are as follows: Landscaping and site furnishings see attached breakout from Cashman Nursery Items include irrigation,shrubs,topsoil,trees,boulders, etc.. =$9,728.60 Concrete and asphalt work remaining is about 25%and the estimated cost is $10,085.25. This work will be finished by Kruse Enterprises Inc.whom is our General Contractor. The total value of the remaining improvements is equal to$19,813.85. Our intentions are to complete the work as soon as possible. The remainder of the work is both dependent upon the weather and materials availability from the nursery's and asphalt suppliers. Our intentions are to have things completed by June 1,2014. If you have any further questions please feel free to contact me Sincereiy A�H Improvements Agreement Page 7