HomeMy WebLinkAbout92- IA for Frank Harrington IMPROVEMENTS AGREEMENT
FOR
FRANK HARRINGTON
This AGREEMENT is made and entered into this 9th day of
April 1992, by and between Frank Harrington, 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 for Minor Site Plan #Z-9193
allowing the surfacing of 10, 740 square feet of parking area with
landscaping and other improvements pursuant to the Bozeman
Interim Zoning Code on property described as Lots 12, 13, 14, 15
and east 17 feet of Lot 26 and all of Lot 27, Block D, Tracy 's
First Addition and more commonly known as 403, 405, 407, 409 West
Main Street and 412 West Mendenhall Street , Bozeman, Montana.
WHEREAS, it is the intent of the Developer to satisfy the
conditions of approval for Minor Site Plan #Z-9193 ;
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 associated with the property hereinafter described;
and it is further the intent of this agreement, and of the
parties hereto , to satisfy the improvements guarantee
requirements for 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, that property
which is designated and identified as Lots 12 , 13, 14, 15 , and
east 17 feet of Lot 26 and all of Lot 27, Block D , Tracy's First
Addition and more commonly known as 403, 405, 407, 409 West Main
Street and 412 West Mendenhall Street , Bozeman , Montana.
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5 . Improvements
This agreement also includes the installation of all
required parking and landscaping improvements and other
improvements as depicted on the Final Site Plan and itemized on
the Estimated Cost of Improvements which is attached and made a
part of this agreement as "Exhibit B" .
3 . Financial Guarantee Time for Completion of Improvements
If occupancy of the structure or commencement of the use is
to occur prior to the installation of all required improvements,
the Developer shall submit to the City an irrevocable letter of
credit or bond in the amount of 150 percent of the cost of all
un-installed improvements . Said method of security shall be
valid for a period of not less than twelve ( 12) months; however,
all on=site improvements shall be completed by the applicant
within nine (9) months of occupancy 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 .O . Box 1290, Bozeman, Montana, 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 :
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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 .
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 as 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 landscaped areas
required by this Agreement and existing at the time of agreement
shall be permanently maintained by the Developer pursuant to
Section 18 . 50 . 100 . (G) of the Bozeman Interim Zone Code .
7 . Governino 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
of the City.
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11 . Successors
Except as provided in paragraph 10, this Agreement shall be
binding upon, ensure to the benefit of, and be enforceable by the
parties hereto and their respective heirs, successors, and
assigns .
BY.
TITLE :
ACKNOWLEDGMENT
STATE OF MONTANA )
ss .
County of
On this day of , 1991,, before me,
a Notary Public for the State of MON ANA, personally appeared,
/1/4 , Frank Harrington, representative of
Harrington "s Inc . , the owner of Lots 12, 13, 14, 15, and east 17
ft . of Lot 26 and all of Lot 27 , Block D, Tracy "s First Addition
and more commonly known as 403, 405, 407, 409 West Main St . and
412 West Mendenhall St . , Bozeman, Montana, known to me to be the
person who signed the foregoing Improvements Agreement and
acknowledged to me that he executed the same for and on behalf of
said Corporation .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial seal the day and year first above written .
Notary Public for the State of t
Residing at r� � —�--
My commission exp es :
(SEAL)
CITY OF BOZEMAN
Phillip J Forbes
Director of Public Service
STATE OF MONTANA )
ss .
County of Gallatin )
On the iJ day of 1992 before me, a Notary
Public for the State of Montana, personally appeared Phillip J .
Forbes, know 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.
N WITNESS WHEREOF, I have hereunto set my hand and affixed
my al on the ay and year first written above .
otary Public r State of Montana
Residing at G -a-✓�
Commission Expire : / -/a
(SEAL)
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