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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 , rr 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 :