HomeMy WebLinkAbout90- IA for Frederick's Restaurant IMPROVEMENTS AGREEMENT
FOR
FREDERICK ' S RESTAURANT
THIS AGREEMENT is made and entered into this day of
1990 , by and between John Keserich , 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
on-premise sale of beer and wine in conjunction with a restaurant
located 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
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 the property which
is identified as Lots 1 and 2 , Block 1 , North 7th Addition , City
of Bozeman , and more commonly known as Frederick ' s Restaurant, 726
North 7th Avenue, Bozeman , Montana.
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2 . Improvements
This Agreement specifically includes the installation of
landscaping, wheel stops , striping 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 commencement of the sale of on-premise beer and wine 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 726 North 7th
Avenue , Bozeman , MT 59715 , or such other address as the Developer
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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
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 .
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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.
Joh ygeserich
STATE OF MONTANA )
:ss
County of Gallatin )
On this � day of before me, a Notary
Public for the State of Montana, personally appeared John Keserich,
known to me to be the Fredericks Restaurant, 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.
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Notary Public for the State of Montana
Residing at: C`_-->Q,Vy y
Commission Exp i r —s k-c,
(SEAL)
THE CITY OF BOZEMAN
�L� &��
Phillip J . orbes
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin )
On the day of 1991 , 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.
Notaryg ublic for tate f Montana
Residi at: Ajj4,
Commission Expi es: Ik
(SEAL )
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
FREDERICK' S RESTAURANT
-----------------------------------------------------------------------------------------
DATE: October 10, 1990
PROJECT: Z-9020 - C.U. P. for Beer and Wine - Fre5 ek' s Restaurant, 726 North 7th
DEVELOPER'S SIGNATURE: -�
Mr. n Keserich
--------------------------------- -
ITEM SQ FT /LN FT COST/UNIT EST. COST
Wheelstops Seven $25.00 $ 175. 00
Parking Lot Striping 504 ln.ft. $ 50.00
Dwarf High Bush Cranberry 16 $12 .00 $ 192 . 00
Patmore Green Ash 3 $62 .00 $ 186 .00
Silver Maple 3 $49 .00 $ 147 .00
Japanese Tree Lilac 1 $27 .00 $ 27 .00
Dwarf Korean Lilac 3 $12 . 00 $ 36 .00
Techney Aborvitae 2 $48.00 $ 96 .00
Tam Juniper 2 $19 . 50 $ 39. 00
TOTAL ESTIMATED COST: $ 948. 00
x 1 . 5 = $1 ,422 . 00
Approved by City Engineering Office: Date: O a