HomeMy WebLinkAbout92- IA for Rocky Mountain Auto and RV Sales and Services 712-716 E. Main St. IMPROVEMENTS AGREEMENT
FOR
ROCKY MOUNTAIN AUTO AND R/V SALES & SERVICE
712-716 EAST MAIN STREET
This AGREEMENT is made anrr�tered into this _ r day of
fir._-,�:✓
1992 , by and between Gen E. Badgley, 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 Review to operate an
automobile and recreational vehicle sales and service on the
property in question;
WHEREAS , it is the intent and purpose of the Developer to
obtain Final Site Plan Approval ;
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
Minor Site Plan Review.
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 a being :
All of Tract 4 and a portion of Tract 5 , Industrial Site
Bozeman, located in the southeast one-quarter, northeast
one-quarter, Section 7 , Township 2 South, Range 6 East ,
M.P.M. , Gallatin County, Montana, and more commonly
described on the attached Exhibit "C" .
2 , Improvements
This Agreement specifically includes the installation of
pavement , curb, sidewalk, landscape, site surface drainage, and
other improvements as illustrated on the plans and specifications
hereto attached and made a part of this Agreement , as Exhibit "A" .
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The estimated cost of said improvements is attached and made a part
of this Agreement , as Exhibit "B" .
3 . Financial Guarantee, Time for Completion of Improvements
If occupancy of any structure is to occur prior to installa-
tion of the improvements , it must be secured by the 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 that time.
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 Final
Site Plan approval by the Planning Director.
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 ( 5 ) days after
written notice specifying the default is deposited in the United
States mails addressed to the Developer at Pc ' 13a•X'.,2//
, 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 .
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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 . Warranty
The Developer shall warrant that these improvements are made
in a good and workman-like manner for a period of one year from the
date of their written acceptance by the governing body. All
landscaped areas required by this Agreement shall be permanently
maintained by the Developer pursuant to section 18 . 50 . 100( H ) of the
Bozeman Area Zoning Code .
7 . Governing Law
This Agreement shall be construed according to the laws of the
State of Montana.
8 . Modification or Alterations
No modifications or amendment of this Agreement shall 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
Parties hereto and their respective heirs , successors and assigns.
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DEVELOPER
�CfrVI / G,� E. Badgley
STATE OF MONTANA )
: ss
Countv of Gallatin )
On this dap of , 1992 , before me , a
Notary Public Por the State of Montana, personally appeared Gene E.
Badgley, known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that he 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
-i ..
of Montana
Residing:
Commission Expi es : b- -,15
l:
( Notarial Seal ) f
THE CITY OF BOZEMAN
iZ
Phillip rbes
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin ) l
On the P�V day of �,(, CCY? , 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 ,
& 4.
Notary Public for the State
of Montana
Residing: Bozeman, Montana
Commission expires :
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
-------------------------------------------------------------------------------------------------
DATE:
PROJECT: Rocky Mtn. RV & Auto Sales, 714-716 East Main Street
DEVELOPER: Gene Badgley, P.O. Box 211 , Bozeman, MT. 59715
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Item Sq .Ft . /Ln . Ft . Contractor Est . Cost
Paving :
Asphalt 6, 005 sq. ft. $ 5, 104 . 00
Concrete N/A
Sidewalks : 1 , 125 sq. ft. $ 2, 138 . 00
Curbing: 115 ln. ft. $ , 949 . 00
Landscape : 3, 975 sq. ft. $ 3 , 975. 00
Landscape Protection:
Garbage Enclosure : N/A
Exterior Lighting : N/A
Water Improvements : N/A
Sewer Improvements : N/A
Street Improvements : N/A
Total = $ 12, 166. 00
x 1 . 5 = $ 18 , 249 . 00
Approved By City Engineering Office : �` -�--- - Date %3