HomeMy WebLinkAbout92- IA for John Rawlings IMPROVEMENTS AGREEMENT
FOR
JOHN RAWLINGS
THIS AGREEMENT is made and entered into this l� day of
199V by and between John Rawlings , 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 a Conditional Use Permit application
to allow the use of a portion of the residence on the property in
question to be used as a bed and breakfast inn ; 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 Lots 31 and 32 , Block E,
Story ' s Addition to the City of Bozeman , Montana, and more commonly
described as 603 West Babcock Street.
2 . Improvements
This Agreement specifically includes the installation of
an off-street parking area, the installation of a remote reader on
the water system, 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, as "Exhibit B" .
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3 . Financial Guarantee, Time for Completion of Improvements
As pavement of the lot, and thus the parking thereon , has
already occurred , 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 of the bed and breakfast inn .
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 603 West
Babcock Street, Bozeman , MT 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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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 .
hn Rawlings
STATE OF MONTANA )
: ss
County of Gallatin )
On this q� day of ✓�p (' o .1R�, 1991 , before me , a Notary
Public for the State of Montana, personally appeared John Rawlings ,
known to me to be the person who executed the foregoing
Improvements Agreement 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 Publi or State of Montana
Residing at:Commission Expires :
(SEAL )
THE CITY OF BOZEMAN
" � Z��
Phillip . F r b es
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the X:71-Mday of � � 1991 , 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' for State of Montana
Residing a t: GL .y'2-�t- J
Commission Expires :
(SEAL )
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
JOHN RAWLINGS BED AND BREAKFAST INN
-----------------------------------------------------------------------------------------
DATE: A) 2Z
PROJECT: Z-9111 - Conditional Use Permit to allow the use of a portion of the residence
located at 603 West Babockc to be used as a bed and breakfast inn ,
John Rawlings , applicant
DEVELOPER'S SIGNATURE:
ITEM SQ. FT. /LN . FT. COST/UNIT EST. COST
Off-Street Parking Space
in rear of lot 180 sq . ft. $ 100 . 00
TOTAL ESTIMATED COST : 1 1 . c"C_)
x 1 . 5 =
Approved by City Engineering Office: Date: