HomeMy WebLinkAbout90- IA for Michael Garcia DBA Northern Lights Trading Co. IMPROVEMENTS AGREEMENT
FOR
MICHAEL GARCIA DBA NORTHERN LIGHTS TRADING COMPANY
THIS AGREEMENT is made and entered into this �l day of
1990 , by and between Michael Garcia, 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 Minor Site Plan allowing the
construction of a 6 , 264 square foot structure to be used as a
retail business and related parking and landscaping 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 those properties
which are designated and identified as a one ( 1 ) acre tract located
in the West Half , Northwest Quarter of the Southwest Quarter,
Section 12 , T2S , RSE, M . P.M. , and being more commonly known as 1716
West Babcock Street , City of Bozeman , Gallatin County, Montana.
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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 twelve ( 12 ) 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 1627 West 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 :
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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 shal1 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 Assiqnment
It is expressly agreed that the Developer shall not assign
this Agreement in whole, or in part, without prior written consent
to City.
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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.
Mi hael arc '
STATE OF MONTANA )
: ss
County of Gallatin )
On this day of 1990, before me, a Notary
Public for the State of M nta , personally appeared Michael
Garcia, known to me to be the person who 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 Notar ' 1 Seal the day and year first above written .
i
Notary Public fgr the State of Montana
Residing
Commission Expir": Ji
(SEAL)
THE CITY OF BOZEMAN
i
Phillip orbes
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 Mi an personally appeared Phillip J .
Forbes, known to me to be the pe on 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.
N t ry Public for State of Montana
Residing at:
Commission Expires
(SEAL)
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
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j -------------------------------------------------------------------------------------------------
DATE: July -{i + 1990
PROJECT: Northern Tights
DEVELOPER: (Y\G \
Michae Garcia
Item Sq.Ft . /Ln . Ft . Cost_Per_Unit Este Cost
Paving:
Asphalt 12 . 958 sa. ft_ $ i _ nn,/�_ fi- 12., QSA . 00
Concrete
Sidewalks : Waiver
Curbing: 1 , 160 ln. ft. 58 . 25/in _ f+ _ S 9 , 570 _ 00
Landscape: 8 , 510 sg. ft. $ . 21/sq. ft, S 17R7 _ nn
Landscape Protection:
Garbage Enclosure : (1) $500 ea. $ 500 . 00
Exterior Lighting: (5) $500 ea. $ 2 , 500 . 00
Screening Fence 110, ln. ft. $10/1n. ft. $ 1 , 100 . 00
One-Way Sign (1) $60 ea. S hn _ nn
TOTAL: 828 , 475_ 00
x 1 . 5 = $42 , 713 . 00
Approved By City Engineering Office : Date : <��