HomeMy WebLinkAbout91- IA for Emmett Birrerr IMPROVEMENTS AGREEMENT
FOR
EMMETT BIRRER
Th i s AGREEMENT is made and entered into this day of
1991 , by and between Emmett Birrer, 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-9153 allowing the
construction of a 6 , 564 square-foot parking lot and Lanscaping
pursuant to the Bozeman Interim Zoning Code on property described
as Lots 15 and 16 of Block B, Alderson ' s Addition and more commonly
known as 110 South Grand Ave. , Bozeman , Montana.
WHEREAS , it is the intent of the Developer to satisfy the
conditions of approval for Minor Site Plan #Z-9153 ;
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 15 and 16 , Block B, Alderson ' s
Addition , City of Bozeman , and more commonly known as 110 South
Grand Ave . , Bozeman , Montana.
2 . 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
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of Improvements which is attached and made a part of this agreement
as "Exhibit B" .
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 110 South
Grand Ave. , 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 :
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
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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 shall be permanently maintained by the
Developer pursuant to Section 18 . 50 . 100. (G) of the Bozeman Interim
Zone Code.
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 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 .
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.
Emmett Birr for Grand Ave . Christian
Church
BY.
TTITLE a ?
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ACKNOWLEDGMENT
STATE OF MONTA )
ss.
County ofAeV Y )
On this day of 1991 , before me,
a Notary Public—for the State of TANA, personally appeared
Emmett Birrer, representative of Grand Ave Christian Church , Lots
15 and 16 , Block B, Alderson 's Addition , Bozeman , 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 Church .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial seal the day and year first above written .
No ary Public or the Sate of
Residing at r. 7y't-
My commission e pires :
(SEAL)
CITY OF BOZEMAN
Phillip J . Forbes
Director of Public Service
STATE OF MONTANA )
ss .
County of Gallatin )
On the 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.
Notary Public for State of Montana
Residing at
Commission Expires:
(SEAL)
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