HomeMy WebLinkAbout90- IA for College Chevron IMPROVEMENTS AGREEMENT
FOR
COLLEGE CHEVRON
THIS AGREEMENT is made and entered into this �e-i day of
1990, by and between Harold Sappington , owner of
College Chevron located in Bozeman , Montana, 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 for Conditional Use Permit #Z-9006
allowing the construction of a four hundred and eighty ( 480 ) square
foot addition to an existing gasoline station and automobile repair
establishment at 723 South 8th Avenue on Lots 11 and 12 and east
90 feet on Lots 13 and 14 , Block 50 , West Park Addition in the City
of Bozeman , Montana, and more commonly known as 723 South 8th
Avenue .
WHEREAS, it is the intent and purpose of the Developer to
satisfy the conditions of approval for Conditional Use Permit
#Z-9006 ; 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
associated with the property hereinafter described; and it is the
further intent of this Agreement , and of the parties hereto, to
satisfy the improvements guarantee requirements for the 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 those properties
which are designated and identified as Lots 11 and 12 and east 90
feet of Lots 13 and 14 , Block 50 , West Park Addition in the City
of Bozeman , Montana, and more commonly known as 723 South 8th
Avenue .
2 . Improvements
This Agreement includes the installation of all required
landscaping and site improvements , and other improvements as
depicted on the approved Final Landscaping and Final Site Plans
including landscaping , curbing , sidewalks , garbage enclosure,
fencing , and driveway aprons . Additionally, this Agreement
includes the itemized Final Cost of Improvements which is attached
and made a part of this Agreement as "Exhibit B" and
"Exhibit B-1 " .
3 . Financial Guarantee, Time for Completion of Improvements
If occupancy is to occur prior to installation of all required
landscaping and site improvements , the Developer shall submit to
the City an irrevocable letter of credit or bond in the amount of
150 percent of the cost of all uninstalled improvements .
Foreclosure proceedings shall be brought against the letter of
credit or bond if the required improvements have not been completed
within twelve months of the posting of the bond or letter of
credit.
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 723 South 8th
2
Avenue , 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 construction
and inspection of the improvements described herein ;
B. ) The City may, at its option , declare that the conditions
of approval of the Conditional Use Permit have not been
satisfied and are in violation of Section 18 . 53 of the Bozeman
Zoning Code and thereby nullify said approval ; or
C . ) The City may enforce any other remedy as 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 constued according to the laws of the
State of Montana.
8 . Modifications or Alterations
No modifications or amendment of the 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
3
from the City.
11 . Sucessors
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.
(-21L-i 11:f�-
Harold Sapping on, wner
College Chevron
STATE OF MONTANA )
:ss
County of Gallatin )
On this () day of �� 1990 , before me, a Notary
Public for the State of Montana, personally appeared Harold
Sappington, known to me to be the Owner of College Chevron , and
acknowledged to me that he executed the same for and on behalf of
said establishment.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial Seal the day and year first above written.
Notary Public for the State of Montana
Residing
Commission Expires. �Q-a' -Ci \
(SEAL)
THE CITY OF BOZEMAN
Phillip orbes
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin )
On the Jr6'�' day of koy/-- 1Qr+e 1990, 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.
&4111� Jze/
Notary ublic for the St to of Montana
Res i d i g at: 6W,4N
Commission Expires: 9
(SEAL)
4
"EXHIBIT B
ESTIMATED COST FOR IMPROVEMENTS
-------------------------------------------------------------------------------------------------
n w Z
o m o DATE: 13 Iv ov. 90
0 �•r -
r N• ¢=� PROJECT: College Chevron
o r� DEVELOPER: Harold Sappington
zP) V ,
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b
H. ---------------------------------------------- -- -------------____---------------------------__
11 o Item Sq .Ft . /Ln . Ft . Cost Per Unit Est , Cost
r+ Paving:
•. � m Asphalt 50 S .F. $1 . 00 per S .F. $50 . 00
r Concrete 246 S.F. $1 . 90 per S .F. $458 . 00
a
rt
m Sidewalks : 1080 S.F. _ $1 . 90 per S .F. $2 , 052. 00
0
Curbing: 306 L.1. $8 . 25 per S .F. $2 , 524 . 50
rtLandscape: SEE EXHIBIT B-1 $2 , 844 . 00
Landscape Protection :
Garbage Enclosure: $150. 06 per unit $150. 00
Exterior Lighting :
Fencing: 131 ;-,.F. S6. 00 ppr T. r $786. 00
TOTALS : $8 , 864 . 50
X 1 . 5
$13 . 296. 75
Approved By City Engineering Cffice : r.<., d /`
Date :