HomeMy WebLinkAbout91- IA for Dana Design IMPROVEMENTS AGREEMENT
FOR
DANA DESIGN
LIS AGREEMENT is made and entered into this � day of
L ,Z; , 1991 , by and between the Anthony Wayne Corporation ,
the owner of the property located at 1950 North 19th Avenue ,
Gallatin County , Montana, 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 application #Z-9161
allowing the construction of a 12 , 000 square foot light
manufacturing facility and related site improvements at 1950 North
19th Avenue on property located in the east 1 /2 of Section 35 , T1S ,
RSE , M . P. M . , Gard iner-Simmental Plaza, Tract #5 , Lot 3, Gallatin
County , Montana, and more commonly known as 1950 North 19th Avenue.
WHEREAS, it is the intent and purpose of the Developer to
satisfy the conditions of approval for Minor Site Plan application
#Z-9161 ; 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
associated with the property hereinafter described ; and it is the
further intent of this Agreement, and of the parties hereto, to
satisfy the improvements guarantee requirements for Minor Site Plan
approval .
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 being located in the east
1 /2 of Section 35 , T1S , RSE , M . P. M. , Gard iner-Simmental Plaza,
Tract #5 , Lot 3 , Gallatin County , Montana, and more commonly known
as 1950 North 19th Avenue .
2 . Improvements
This Agreement includes the installation of all required
landscaping and site improvements , and other improvements as
depicted on the approved Final Site Plan including the landscaping ,
curbing, sidewalks , and parking lot improvements. Additionally,
this Agreement includes the itemized Final Cost of Improvements
which is attached and made a part of this Agreement as "Exhibit
B" and "Exhibit B-1 " .
3. Financial Guarantee, Time for Completion of Improvements
If occupancy is to occur prior to installation of all required
landscaping and site 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 uninstalled improvements .
Foreclosure proceedings shall be brought against the letter of
credit or bond if the required improvements have not been completed
within twelve months of the posting of the bond or letter of
credit.
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
�S
the United States mail addressed to the Developer at 8302 StarZing
Drive , Bozeman , Montana 59715 , or such other address as the
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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 ;
B. ) The City may , at its option , declare that the conditions
of approval of the Minor Site Plan have not been satisfied and
are in violation of Section 18. 52 of the Bozeman Zoning Code
and thereby nullify said approval ; or
C. ) 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 .
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 the 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
from the City.
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11 . Sucessors
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 .
i ane S. Stewart , Secy .. for
Anthony Wayne Corp. , owner
1950 North 19th Avenue
STATE OF MONTANA )
: ss
County of Gallatin )
On this C'� day of Lt L(�S , 1991 , before me, a Notary
Public for the State of Monta a, personally appeared Diane S.
Stewart, known to me to be the legal representative for the Owner
of the previously described property , and acknowledged to me that
she executed the same for and on behalf of said establishment.
IN WITNESS WHEREOF , I have hereunto set my hand and affixed
my Notarial Seal the day and year first above written .
Z;
Notary Public,)for the State of Montana
Residing at: fie.< ,tips kc_ 1 �t .,
Commission Exp i r : i - /6/73
( SEAL)
THE CITY OF BOZEMAN
Phillip F e
Directo/.f
Plublic Service
STATE OF MONTANA )
: ss
County of Gall a�ti n )
On the / ' day ofA'66tl4L 1 991 , before me, a Notary
Public for the State of Monta a, 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 F?qbllc or h ate f Montana
Residin` at:
Comm i sslvon E,,p i res . 4112,,
(SEAL )
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
w'-------w------��-..--��--------- --...'----------------------------------------------�---w---w..�ww
DATE: 1 July 1991
PROJECT: Dana Designs
DEVELOPER: Ron $chmit
w w r w w w w w w w---w w w-w-w--w--w..-•�--w w-------------r-�--- .-..�.--T--------r------------------w-w w w w w w w w
Item, Sq,Ft , /Ln . Ft . Contractor Est , Cost
Paving: 1. 00/ SF $25,293. 00
Asphalt 25,293 SF �
Concrete _
1,365 SF 1. 90/SF
Sidewalks:
Curbing: 824 LF 8. 25/LF 6,798. 00
Landscape: _ SEE EXHIBIT B-1 y -7-7q-5
Landscape Protection: -
150 . 00 each 150 . 00
Garbage Enclosure: 1
Exterior Lighting: 3 ' 200. 00 each 600. 00
Water Improvements: -
Sewer Improvements:
Street Improvements:
TOTAL
X 1 . 5
Date: 7—•� q
Approved By City Engineering Office: .
-
EXHIBIT B-1
LANDSCAPE ESTIMATE FOR DANA DESIGN
Item Unit Cost Quantity Total
Hackberry $50 . 00 2 $100.00
Colorado Spruce 120 . 00 6 720.00
Toba Hawthorn 36 . 00 2 72.00
Norway Maple 120 . 00 7 840.00
Quaking Aspen 34 . 00 39 1 ,326.00
willow 12 . 50 2 25.00
Austrian Pine 59 . 00 7 413.00
grass cover . 21 SF 54 , 774 SF 11 ,502.54
TOTAL $14,998.54