HomeMy WebLinkAbout91- IA for Dan Shyne Storage Building IMPROVEMENTS AGREEMENT
FOR
DAN SITYNE STORAGE BUILDING
THIS AGREEMENT is made and entered into this 51 day of
�L)6 , 1991 , by and between Dan Shyne, 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 Minor Site Plan application
allowing the construction of a 14 unit storage building for use of
tenants at 714 North Bozeman Avenue on the property in question;
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
Minor Site Plan.
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 15, Block 41 , Imes
Addition to the City of Bozeman, Montana, and more commonly
described as 706 North Bozeman Avenue.
2 . Improvements
This Agreement specifically includes the installation of alley
improvements 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
If use of the structure is to occur prior to 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 that 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 the commencement of the use 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 P. 0. Box
1594, 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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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 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 . 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 unenforceabi 1 i ty 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 .
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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.
Dan Shyn
STATE OF MONTANA )
: ss
County of Gallatin )
On this day of 1991 , before me, a Notary
Public for the State of Montana, personally appeared Dan Shyne,
known to me to be the person who executed the foregoing
Improvements Agreement and acknowledged to me that she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial Seal the day and year first above written.
otary Public rfor State of Montana
Residing at:�L
Commission
(SEAL)
THE CITY OF BOZEMAN
d;11'" d V,-,64
Phillip orbes
Directo of Public Service
STATE OF MONTANA )
:ss
County of Gallatin )
On the _5 day 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.
i -
Notary Public for State of Montana
Residing at:
Commission Ex�i re LL—Z �- -Olt
(SEAL)
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
DAN SITYNE
-----------------------------------------------------------------------------------------
DATE:
PROJECT: Z-91115 - Minor Site Plan allowing the construction of a 14 unit storage
building for use of tenants of the 12-plex located at 714 North Bozeman Avenue
on property locat d at 706 North Bozeman Avenue
DEVELOPER'S SIGNATURE:
Dan Shyne
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ITEM SQ FT /LN FT COST/UNIT EST. COST
Gravel alley 2" x 14' x 100' $ 300.00
(Per Engineering Department Estimate)
TOTAL ESTIMATED COST: $ 300.00
x 1 . 5 = $ 450.00
Approved by City Engineering Office: /10t� J Date:
-t