HomeMy WebLinkAbout92- IA for Jackpot Casino Cup IMPROVEMENTS AGREEMENT
FOR
JACKPOT CASINO CUP
APPLICATION #Z-91137
7-9THIS AGREEMENT is made and entered into this .1 day of
1992 , by and between Jack McKee, 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 Conditional Use Permit application
#Z-911.37 allowing the adaptive re-use of an existing gas station
into a restaurant/bar and casino ; and
WHEREAS , it is the intent of the Developer to obtain Final
Site Plan approval ; 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
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
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 Lot 2 , Block 1 , Amended Plat
of Kirk' s Second Subdivision, City of Bozeman, Montana, and more
commonly described as 1801 West Main Street , Bozeman, Montana.
2 . Improvements
This Agreement specifically includes the installation of
landscaping , sidewalks , garbage enclosure , the closure of a
curbcut, utility improvements , site lighting, and other
improvements 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
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this Agreement, as "Exhibit B" and "Exhibit B-1" .
3 . Financial Guarantee , Time for Completion of Improvements
If the use of the structure is to occur prior to the
installation of the improvements, the improvements must be secured
by a 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 this time. Said method of security
shall be valid for a period of not less than twelve ( 12 ) months .
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
in order to avoid default on the method of security.
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 2708 1st Avenue
North, Billings, MT 59101 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.
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1 . The City' s representatives, 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 landscaping must be
maintained in a healthy, growing condition at all times. Any plant
that dies must be replaced with another living plant that complies
with the approved landscape plan.
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
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
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parties hereto and their respective heirs , successors and assigns .
Jac cKee , representative
STATE OF MO fNTANA )
4c\lnw5 IM,•k-: ss
County of ra Ja+ ; n )
On this day of , 1992 , before me , a Notary
Public for the State of Montana personally appeared Jack McKee,
known to me to be the person who executed the foregoing
Improvements Agreement and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first above written.
ar pry Public o State of Montana
�rpi g a t:
ti .Com4s& on Expires : 'S
Ri '. .O
• O
( SEYUi)
SEAL _``
THE CITY OF BOZEMAN
OF
/')V�Czw
Phillip orb s
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the z day of /►� , 1992 , 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.
Notary Public f State of ontana
Residing at
Commission Expires• 1-1a- 957
( SEAL)
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
-- -----------------------------------------------------------------------------------------------
DATE: 12 May 1992
PROJECT:Jackpot Casino CUP
DEVELOPER: Jim Bos
-- ---------------- ---------------------------•------ -------------------------------------------
Item- Sq,Ft , /Ln . Ft . Cost Per Unit Est, Cost
Paving:
,Asphalt 6, 684 SF $1. 00/SF $69684 . 00
Concrete
Sidewalks : 1 , 052 SF 1 . 90/SF 1 , 999 . 00
Curbing: 617 LF 8. 25/LF 5, 090. 00
Landscape : SEE EXHIBIT B-1
Landscape Protection:
Garbage Enclosure : 1* unit 250 . 00/unit 25Q . QQ_
Exterior .Lighting:
Water Improvements :
Sewer Improvements :
Street Improvements :
fencing 992 SF 1 . 50 SF 1 , 488. 00
on-site one way sign 1 unit 25. 00/unit 25. 00
X
Approved By City Engineering Office: Z Date:-
EXHIBIT B-1
JACKPOT CASINO
LANDSCAPING ESTIMATE
Item Quantity Cost/Unit Total
skyline honeylocust 6 $ 290 . 00 $ 1,740.00
aspen 23 49 . 00 1,127.00
pondarosa pine 9 29 . 00 261.00
flowering almond 51 14 . 00 714.00
blue creeper juniper 57 19 . 50 1,112.00
sweet woodruff 20 5 . 00 100.00
black-eyed susan 167 5 . 00 835.00
grass 1 , 027 SF . 21/SF 216.00
TOTAL 5,889.00