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HomeMy WebLinkAbout91- IA for Buzz Cowdrey IMPROVEMENTS AGREEMENT FOR BUZZ COWDREY This AGREEMENT is made and entered into this J 7 - day of 1991 , by and between Buzz Cowdrey , 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-9152 allowing the construction of a 5 , 000 square-foot office and storage building on property described as Lots #5 Shawnee Addition and more commonly known as #10 Shawnee Way, Bozeman, Montana. WHEREAS, it is the intent of the Developer to satisfy the conditions of approval for Minor Site Plan #Z-9152 ; 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 Lot #5 Shawnee Addition , City of Bozeman, and more commonly known as #10 Shawnee Way, 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 of Improvements which is attached and made a part of this agreement 1 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 32300 E. Frontage Rd. , 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 property and perform such work and inspection , and 2 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. Buzz Cowdrey for & R Vending BY: TITLE: 3 ACKNOWLEDGMENT STATE OF MONTANA ) Count of y CCt Ida f ss.� )) On this A 7 �41 day of i 7 u,Q 6( s , 1 991 , before me, a Notary Public for the State of ONTANA, personally appeared Buzz Cowdrey , owner, Lot #5 Shawnee 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 Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed m�otarial seal the d y and year first above written . h. Notary Public for the State of Residing at My commission ex Tres: - — 3 (SEAL) CITY OF BOZEMAN "- "(,Z /I /,4� -1F7 fillip J . Forbes Director of Public Service STATE OF MONTANA ) ss. County of Gallatin ) On the "77� 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. &,� &1-1�6�,/� Notar Public or Sta a of Montana Resid g at Commission Exoir s: (SEAL) 4 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS -,•----------------------------------------------------------------------------------------------- DATE: 6/11/91 PROJECT: D & R Vending, Minor Site Plan DEVELOPER: Buzz Cowdrey ---------------------------- -------------------------------------------------------------------- �em- Sq,Ft , /Ln. Ft . Contractor Est , Cost Paving: � Asphalt 9195.5 square ft. @ $1.00/sq. ft. t $9195..50 Concrete 400 sgare ft. @ $1.90/sq. ft. $ 760.00 Sidewalks : above Curbing: 450 lin_ ft_ @ $8.25/sq. ft. $3712.00 i Landscape: 10595 sq. ft. @ $ .21/ sq. ft. $2224.95 Landscape Protection: curbing Garbage Enclosure: $ 500.00 r,xterior Lighting: Water Improvements : Sewer Improvements : Street Improvements : Retention Area CA S r`3 ` @ $4.00/ cu. yd. 330, o-D $16,7.22.45 times 1 .5 = $25,,0 93.65 Approved By City Engineering Office: �z;,�, ;� . '� Date: