HomeMy WebLinkAbout92- IA for Ready Lube Minor Site Plan Application IMPROVEMENTS AGREEMENT
FOR
READY LUBE MINOR SITE PLAN
APPLICATION #Z-91154
O
THIS AGREEMENT is made and entered into this L r day of
1'1A�c0 , 1992 , by and between :Nike Ward , 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 Minor Site Plan application 4Z-91. 154
allowing construction of an 62.1 square foot addition and other
alterations to the existing building on the property; 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
uarantee requirements for the Final Site Plan approval of said
Minor Site Plan .
NOW, THEREFOR; , 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 1 , Minor Subdivision No .
72 , ('it -,- of Bozeman , Montana, and more commonly described as 2119
West. Mein Street , Bozeman , Montana .
2 . Improvements
This AgFreement, specifically includes the installation of
landscaping , paving and curbing , "one way" signage , a sidewalk in
the North 20th Avenue right-of-way, 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 this Agreement. ,
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as "E-:hibit B" .
3 . Financial Guarantee , Time for Completion of Improvements
If the itse 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 arty 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 t-he property at any reasonable time .
5 . Defat.tl t.
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 2119 West Main
Street , Bozeman , 'MT 59715 . or such other address as the Developer
shall provide to the Ci.t�, 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 Ci.t.y 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 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.
6 . Warrarity
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 . Any required 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 . Governinj Law
This Agreement: shall he construed according to the laws of the
State of Montana.
8 . Modifications or Alterations
W 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
Fxcept 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 .
Mike Ward , owner
Ready Lube
STATE OF MOtiTANA f
: ss
County of Gallatin )
On this — day of A r� _ , 1992 , before me , a Notary
Public for the State of Montana, personally appeared Mike Ward ,
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 .
Notary Public for State of Montana
Residing at :' z x—z
Commission Expires :_..tP-
( SEAT )
THE CITY OF BOZ.EMAN
wad-4 /�;�Z4- V—
Phillip J F bes
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the day of 1992 , before me , a Notary
Public for the State of Montana, personally appeared Phillip J .
Forbes , known to me to l:)e 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 Cite .
IN WITNESS WHFRF.OF, I have hereunto set my hand and of fixed my
seal on the day and year first written above .
ji-
Notary Public f - State of Montana
Residing at. : _
Commission E,%Pire. :_I-/0? -�5
( SEAL )
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENT'S
- ------------------------------------------------------------------------------------------------
DATE: 2/26/92
PROJECT; Ready Lube Minor Site Plan
DEVELOPER: Mike Ward
--'------------------------- -----------------T-------- -- --------r----------------------------
Item- Sq.Ft , /Ln . Ft . Cost Per Unit Est , Cost
Paving:
Asphalt 1, 200 SF 1 . 00/SF 1, 200. 00
Concrete (patio) 286 SF 1 . 75/SF 500 . 00
Sidewalks : 1 , 030 SF 1. 90/SF 1 , 957. 00
Curbing: 248 LF 8 . 25/LF 2, 046. 00
Landscape:
SEE EXHIBIT B-1 l� �o
Landscape Protection:
Garbage Enclosure:
Exterior Lighting:
Water Improvements:
Sewer Improvements :
Street Improvements : 7,206
X 1 . 5
TOTAL
Approved By City Engineering Office: _ _ Date; 2
EXHIBIT B-1
READY LUBE LANDSCAPING ESTIMATE
item number unit cost total
potentilla 7 12 . 00
rugosa rose 7 12 . 00 SL�i .f)(
blue ,juniper 11 19 . 50 24-4-�
scandia juniper 12 22 . 00 264 .60
tam juniper 3 19 . 50 c43 .
weeping birch 63 . 00 T-29.90
canada red cherry 65 . 00 1-3-E�1t7
patmore ash 5 275 . 00 1 , 375 . 00
mountain ash 4 195 . 00 9$8 -e$
TOTAL