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HomeMy WebLinkAbout90- IA for West End Professional Center IMPROVEMENTS AGREEMENT FOR WEST END PROFESSIONAL CENTER This AGREEMENT is made and entered into this G 3 day of �C .0' 1990 , by and between Gene E. Cook , 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 for the Conditional Use Permit allowing a 17 , 848 square foot commmercial business center on the property in question; WHEREAS, it is the intent and purpose of the Developer to obtain Final Site Plan Approval ; 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 guarantee requirements for the Final Site Plan approval of said Conditional Use 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 and identified as Tracts 3 & 4 of the Tora Diteman property , City of Bozeman, Montana. 2 . Improvements This Agreement specifically includes the installation of landscape, landscape irrigation system, sidewalk and other improvements as illustrated on the plans and specifications hereto 1 attached and made a part of this Agreement, as Exhibit "A" . The estimated cost of said improvements is attached and made a part of this Agreement, as Exhibit "B" . 3. Financial Guarantee Time for Completion of Improvements If occupancy of any structure is to occur prior to installa- tion of the improvements , it must be secured by the 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 that time. In any event, all required improvements on the site as delineated on Exhibit "A" , which is attached and made a part of this Agreement, shall be completed within twelve ( 12 ) months of written approval of the Final Site Plan by the Local Governing Body , or their designated representative. 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 of 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 (5 ) days after written notice specifying the default is deposited in the t United States mails addressed to the Developer at �Q �� hu't Bozeman , Montana 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 2 construction and inspection of the improvements described herein. 1 . The City' s representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection , and the Developer 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 . 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. All landscaped areas required by this Agreement shall be permanently maintained by the Developer pursuant to section 18. 50. 100 .G of the Bozeman Interim Zone Code. 7 . Governing Law This Agreement shall be construed according to the laws of the State of Montana. 8. Modification or Alterations No modifications or amendment of this Agreement shall valid, unless evidenced by a writing signed by the parties hereto. 9 . Invalid Provision The invalidity or unenforceabi l ity 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. 10 . No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent to City . 3 11 . 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. DEVELOPER By: Gene E. Cook STATE OF MONTANA ) :ss County of Gallatin ) On this ,2,� day of 1990 , before me, a Notary Public for the State of Montana, personally appeared Gene E . Cook known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Montana Residing : Commission Expires: (Notarial Seal ) THE CITY OF BOZEMAN Phillip J . Forbes Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the day of 1990 , before me, a Notary Public for the State of Montana, personally appeared Phillip J . Forbes, known to me to be the person described in and who executed the foregoing instrument as Director of Public Service of the City of Bozeman, 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 seal on the day and year first written above. Notary Public for the State of Montana Residing : Bozeman , Montana Commission expires: (Notarial Seal ) 4 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------- DATE : October 15, 1990 PROJECT: West End Profess ' al Center DEVELOPER: Gene Cook C -------------------------------- ----------------------------------------------------------------- Item Sq .Ft . /Ln . Ft . Contractor Est , Cost Paving: Asphalt 28, 587 sq. ft. $ 24 , 298 . 95 Concrete N/A Sidewalks : 3 , 528 sq. ft. $ 6 , 703 . 20 Curbing: 990 ln. ft. $ 8, 167. 50 Landscape : 16, 195 sq. ft. $ 3 , 562 . 90 Landscape Protection : N/A Garbage Enclosure : M $ 500 . 00 Exterior Lighting : (6) $ 3, 000 . 00 Water Improvements : N/A Sewer Improvements : N/A Street Improvements : N/A Total $ 46, 232. 55 x 1. 5 $ 65, 348 . 83 Approved By City Engineering Office : Date: /?