HomeMy WebLinkAbout91- IA for Simkins Hallin Truss Manufacturing Facility, 485 Front St. IMPROVEMENTS AGREEMENT
FOR
SIMKINS HALLIN TRUSS MANUFACTURING FACILITY
485 FRONT STREET
This AGREEMENT is made and entered into this �G' 7LA day of
�C-,%-cI, C,r , 1 991 , by and between Tom Simkins, Vice-President,
Westland Enterprises, Inc . , 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 the Minor Site Plan Review
appl ication to construct a seventy-foot ( 70 ft. ) by one hundred and
twenty ( 120 ft. ) truss manufacturing facility 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
Minor Site Plan Review.
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 being :
Lots #1 -12 and Lots #61 -64 of Block #47 , Northern Pacific
Addition to the City of Bozeman, Montana.
2 . Improvements
This Agreement specifically includes the installation of
pavement, curb, gravel improvements to alley right-of-way, and on-
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site fire hydrant and extension of water main 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 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 nine (9 ) months of
occupancy of any structure.
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
United States mails addressed to the Developer at i° 6 °X �J?
, 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
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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 Area
Zoning 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 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 .
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.
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The terms, covenants and provisions of the Waiver shall
extend to, and be binding upon the heirs, executors,
administrators, personal representatives , successors and assigns
of the parties hereto.
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DATED this �� day of CIL, 1991 .
m Simkins , Vice-President
Westland Enterprises, Inc.
STATE OF MONTANA )
: ss
COUNTY OF GALLATIN ) J
On this � day of C:4O V, 1991 , before me, a Notary
Pubic for the State of Montana, personally appeared Tom Simkins,
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 official seal the day and year first above written .
Notary Public for the State of
Montana.
Residing :
Commission Exp res : -/ z
(Notarial Seal )
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
-------------------------------------------------------------------------------------------------
DATE : October 8 , 1991
PROJECT: Simkins Hallin Truss Manufacturing Facility - 400 Block, North Broadway Avenue
DEVELOPER: Tom Simkins
----------------------------------------------- -------------------------------------------------
Item Sq,Ft . /Ln . Ft . Contractor Est . Cost
Paving :
,Asphalt 5, 381 sq. ft. $ 5, 381 . 00
Concrete
Sidewalks : N/A
Curbing: 230 :In. ft. $ 1 , 897. 50
Landscape: N/A
Landscape Protection: N/A
Garbage Enclosure : N/A
Exterior Lighting : N/A
Water Improvements : Fire Hydrant & Main Extension $ 12 , 600. 00
Sewer Improvements :
Street Improvements : Gravel - Alley & N. Broadway $ 666. 00
$ 20, 544. 50
x 1 . 5 = $ 30, 816. 75
Approved By City Engineering Office : Date: D / 4,74
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