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HomeMy WebLinkAbout90- IA for Robinson Upholstery Shop- 608 W. Beall St. IMPROVEMENTS AGREEMENT FOR ROBINSON UPHOLSTERY SHOP - 608 WEST BEALL STREET THIS AGREEMENT is made and entered into this c;L3 _ day of 1990, by and between Dean and Marcia Robinson , 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 re-use of a site developed prior to adoption of the zoning ordinance per Section 18. 52 . 060 of the Bozeman Zone Code; 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 further the intent of this agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for Final Site Plan approval of said re-use of the property; 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 the north 33 feet of Lot 13 and Lot 14, plus the north 33 feet of east 1 /2 Lot 15 , plus 56 .5 feet of Lot 23 and Lot 27 , Tracy ' s Third Addition to the City of Bozeman , Montana, and more commonly known as 608 West Beall Street, Bozeman , Montana. 2 . Improvements This Agreement specifically includes the installation of all improvements as illustrated on the approved Final Site Plan, including the approved landscaping plan, pin-down concrete wheelstops and new asphalt pavement made a part of this Agreement as "Exhibit A" . The estimated cost of said improvements is attached and made part of this Agreement, as Exhibit "B" . 3 . Financial Guarantee, Time for Completion of Improvements If occupancy of any new structure is to occur prior to completion of the improvements , it must be secured by financial guarantee, as may 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 the time of occupancy. In any event, all required improvements , as delineated on "Exhibit A" , shall be completed within eighteen ( 18 ) months of written approval of the Final Site Plan by the Planning Director. 4. 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 O 'D K LO , e 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 . 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. 2 5 . Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time to inspect 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 . 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. In addition , all landscaped areas required by this agreement shall be permanently maintained and irrigated by the property owner of the above described parcel pursuant to Section 18. 62 , 130 E. of the Bozeman Area Zoning Code. 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 of the 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. 3 DEVELOPER Dean Robinson r Marc la Robinson STATE OF MONTANA ) ss County of Gallatin ) On this �� day of 1990, before me, a Notary Public for the State bf Montana, personally appeared Dean and Marcia Robinson , known to me to be the persons whose name is subscribed to the above instrument and acknowledged to me that he executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial se 1 the day and year first above written . Notary Pub i c for State of Montana Residing at My commission ex-Ores: i (SEAL) CITY OF BOZEMAN //'U& Z I Phillip orbes Director of Public Service STATE OF MONTANA ) ss. County of Gallatin ) On the day of 1990 , before me , a Notary Public for the State of4Montana, 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 th day and year first written above. Notary Public for State of Montana Residing at - Commission Expires : (SEAL) 4 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------- DATE : 20 April, 1990 PROJECT: Upholstry Shop 608 W. Beall St. DEVELOPER: Dean and Marcia Robinson ------------------------------------------------------------------------------------------------- Item Sq_Ft . /Ln. Ft . Contractor Est , Cost Paving: 11 Asphalt 294 sq. ft. $ 190.00 Concrete N/A Sidewalks : N/A Curbing: N/A Landscape: 4 - evergreen trees $ 200.00 Landscape Protection: 8 - pin-down conc. wheelstops $ 200.00 Garbage Enclosure : N/A' Exterior Lighting : N/A Approved By City Engineering Office : Date: &Z3lqo