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HomeMy WebLinkAbout91- IA for Comfort Inn IMPROVEMENTS AGREEMENT FOR COMFORT INN THIS "AGREEMENT is made and entered into this 31 day of 0( w , 1991 , by and between Gene Cook , lessee with an option to purchase the property at 1370 North 7th Avenue, located in Bozeman , 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 Major Site Plan application #Z-9154 allowing the construction of a three story, sixty seven unit hotel and related parking , landscaping , and site improvements on a 2 . 76 acre artificial lot in the northwest 1 /4 of Section 1 , T2S , RSE , P. M .M. , Gallatin County , Montana, and more commonly known as 1370 North 7th Avenue. WHEREAS , it is the intent and purpose of the Developer to satisfy the conditions of approval for Major Site Plan application #Z-9154 ; 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 the Major Site Plan application . 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 the property which is designated and identified as a 2 . 76 acre artificial lot located in the northeast 1 /4 of Section 1 , T2S, RSE , P.M. M . in Gallatin County , Montana, and more commonly known as 1370 North 7th Avenue. 2 . Improvements This Agreement includes the installation of all required landscaping and site improvements, and other improvements as depicted on the approved Final Landscaping and Final Site Plans including landscaping , paving and curbing , garbage enclosure, and sidewalks . 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 nine months of the posting date of 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 the United States mail addressed to the Developer at 2504 West Main Street, 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 2 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. Gene Cook , lessee of 1370 North 7th Avenue , Bozeman , Montana STATE OF MONTANA ) : ss County of Gallatin ) On this j_ day of � 1, 1991 , before me , a Notary Public for the State of Montana, personally appeared Gene Cook , known to me to be the lessee of the property at 1370 North 7th Avenue , Bozeman , Montana, and acknowledged to me that he 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 . Notary Public for the Sta e of Montana Residing Commission Expi r ( SEAL ) THE CITY OF BOZEMAN Phillip or es Direct o Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the /-/Ck 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. C� Notary Public for the State of Montana Residing at: '60'S.G2 Commission Expires : A4, 41,141A (SEAL) 4 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS - ------------------------------------------------------------------------------------------------ DATE: 29 OCT. 91 PROJECT:Comfort Inn Major Site Pfan DEVELOPER: Gene Cook ------------------------- -------------------------- -- -------------------------------------- Item- Sq,Ft , /Ln . Ft . Cost Per Unit Fst , Cost - riving: 1 . 00/SF $40 , 747. 00 Asphalt 40 , 747 SF r Concrete Sidewalks : 3 , 340 SF 1 . 90/SF 6, 346 . 00 Curbing: 1 , 825 LF 8 . 25/LF 15, 056 . 00 Landscape: SEE EXHIBIT B-1 14, 200 . 00 Landscape Protection: Garbage Enclosure : 1 unit 500 . 00 each 500 . 00 r'xterior Lighting: 4 units 350 . 00 each 1, 400 . 00 Water Improvements : Sewer Improvements : Street Improvements : TOTAL COST $ 78 ;249 COST X 1.5 = $117, 370 Approved By City Engineering Office: , ,�. �, Date : EXHIBIT B-1 COMFORT INN LANDSCAPING ESTIMATE Item Quantity Cost/Unit Total Colorado Spruce 4 $100 .00 $ 400.00 Radiant Crab 3 185 . 00 555.00 Quaking Aspen 28 49 . 00 1 ,373.00 Scotch Pine 12 42 . 00 504.00 Canada Red Choke Cherry 12 46 . 00 552.00 Patmore Green Ash 10 275 . 00 2,750.00 Pfitzer Juniper 18 22 . 00 396.00 Caragana 225 2 . 50 562.50 Peking Cotoneaster 11 12 . 00 132.00 Norway Maple 2 265 . 00 530.00 grass 30 , 693 SF . 21 /SF 6 , 446 . 00 TOTAL $14,200.00