HomeMy WebLinkAbout90- IA for Barnard Construction IMPROVEMENTS AGREEMENT
FOR
BARNARD CONSTRUCTION
THIS AGREEMENT is made and entered into this ��' day of
, 1990 , by and between Timothy Barnard , , of
Barnard Construction , 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 7 , 500 square foot single-occupancy office
building 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 . Propert_y.._Description
This Agreement pertains to, and includes those properties
which are designated and identified as C . O. S . 893 , being more
commonly known as 701 Gold Avenue , 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" .
Financi_ 1 -_Guaran.i;ee,._Time for Complet ion__Qf_ ImQrovements
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 Or-) 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 . I11specti_on
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 . Defau1 t
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 P . O. Box 99 ,
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 Citv 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 . Gov_e r n i n.g__L aw
This Agreement shall be construed according to the laws of the
State of lHontana .
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 unenforceabi I 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.Assi_gn_ment
It is expressly agreed that the Developer shall not assign
this Agreement in whole , or in part , without prior written consent
to City .
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 .
BARNARD CONSTRUCTION
Timothy B nard ,
r
STATE OF MONTANA )
: ss
County of Gallatin )
On this . day of 1990 , before me , a Notary
Public for the State of Mo ana, personally appeared Timothy
Barnard , known to me to be th owner of Barnard Construction , 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 Pub] ' the State of Montana
Residing at:
Commission Expires :
( SEAL )
THE CITY OF BOZEMAN
Phillipgal bes
Director of ublic Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the _\ day of / 1990 , before me , a Notary
Public for the State of Mo ana, personally appeared Phillip J .
Forbes , !.nown 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 .
"\J$1
Notary Public for StaAf Montana
Residing at :�
Commission Expire ( ,, -,�a (q (
(SEAL )
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EXHIBIT "B"
ESTIMATED COST FOR IMPROVEMENTS
DATE: July 2 , 1990
PROJECT: Barnard Construction Office Building - 701 Gold Avenue
DEVELOPER: Barnard Construction
ITEM Sq . Ft ./Ln ,Ft^ Cost Per Unit Estimated Total Cost
Site Preparation: N/A N/A --
Paving: 111_05 Qy $1 . 00 s . ft . _ $115050. 00
Concrete Drives (4"): N/A _ 1 . 75 s .ft . --
Concrete Approaches (611): N/A $3 . 00/sq . ft . --
Sidewalks : 850 sq. ft. $1 . 90�sg . ft. $ 1 , 615 . 00
Curbing: 506 . 00 425 ln. ft. $8 . 25/ln. ft . $ 3 See site plan ,
Landscaping X)FjWRM: 7, 259 sq. ft_ $ . 11/s2. ft. _ $ 7, 259 . 00
Landscaping Protection (fences , wheelstops): _ N/A N/A
Garbage Enclosure : (1) $500 ea. $ 500 . 00
Lighting: N/A N/A --
EWMXXTOTAL: --------------------------------------------------------------------$23 , 930. 00
X
Approved by City Engineering Office : `
Date .