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.
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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.
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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)
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
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DATE : 20 April, 1990
PROJECT: Upholstry Shop 608 W. Beall St.
DEVELOPER: Dean and Marcia Robinson
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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