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HomeMy WebLinkAbout90- IA for The Store IMPROVEMENTS AGREEMENT FOR THE STORE THIS AGREEMENT is made and entered into this /�� day of 1990 , by and between Harry C. Huntsinger , 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 Conditional Use Permit allowing the expansion of an existing food convenience store and the addition of two gas pumps on the property in question; and WHEREAS , it is the intent of the Developer to obtain Final Site Plan approval ; 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 guarantee requirements for the Final Site Plan approval of said Minor Site Plan . 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 the property which is identified as Tract 5-A, C.O. S . No. C-23-R, City of Bozeman , and more commonly known as 1210 East Main Street, Bozeman , Montana. 1 2 . Improvements This Agreement specifically includes the installation of asphaltic pavement, landscaping , and other improvements as illustrated on the plans and specifications hereto 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 the new structure is to occur prior to installation of the improvements , the improvements 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 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 eighteen ( 18) months of written approval of the Final Site Plan by the Planning Director . 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 thirty ( 30) days after written notice specifying the default is deposited in the United States mail addressed to the Developer at 1210 East Main Street, 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: 2 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. 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. 7 . Governing Law This Agreement shall be construed according to the laws of the State of Montana. 8. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. 9 . 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 . 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. 4 flAA-4A arry C. untsinger STATE OF MONTANA ) : ss County of Gallatin ) On this / Sfi day of LouemkeK , 1990 , before me, a Notary Public for the State of Montana, personally appeared Harry C. Huntsinger, known to me to be the person that executed the foregoing Improvements Agreement, 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 . (1�,1� -61 Notary Public r the State of Montana Residing at: :I Commission Expire - — 3 ( SEAL ) THE CITY OF BOZEMAN lZ�7� Phillip J . F roes Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) i99a, On the e2 day of , 449 , before me, a Notary Public for the State of Montan , 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. 7 ,i ,rotary Public f r State of Njontana Residing at: Commission Expires . ( SEAL ) 4 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS I -'------------------------------------------------------------------------------------------------ DATE; October 26, 1990 PROJECT: The Store C.U.P. DEVELOPER: H rry C. 11untsinger Item Sq .Ft . /Ln. Ft . Cost Per-Unit Est , Cost Paving: Asphalt - includes 4001 sa. ft. $1 . 00 s=. ft _ 54 . 001 . 00 striping Concrete Sidewalks : 350 sq. ft. $11 . 50/sg- ft. ��4� n9s nn Curbing: 342 ln. ft. $ 8 . 25/ln. ft. $2, 821 . 00 Landscape: 9 . 629 sg. ft. $ _ 2i /.q"_ ft $2 , 022. 00 Landscape Protection: Garbage Enclosure: Exterior Lighting : $12 , 869 . 00 x 1 . $19 , 303. 50 r Approved By City Engineering Office : -- Date : 2IP qZ