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Home My WebLink About92- IA for Golden Goose Cup IMPRO%7EMENTS AGREEMENT FOR GOLDEN GOOSE CUP APPLICATION #Z-9136 ` THIS AGREEMENT is made and entered into this / 7 Z day of -,3Gtil , 1992 , by and between John Kesserich, 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 of Conditional Use Permit application Z-9136 allowing the conversion of the property from a restaurant serving beer and wine to a restaurant/bar and casino ; and WHEREAS , it is the intent of the Developer to obtain Final Site Plan approval ; 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 on the property hereinafter described; and it is the intent of this Agreement. , and of the parties hereto , to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Conditional Use Permit . 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 Lots 1 and 2 of Block 1 , North Seventh Addition, City of Bozeman, Montana, and more commonly described as 726 North 7th Avenue , Bozeman, Montana. 2 . Improvements This Agreement specifically includes the installation of landscaping , garbage enclosure . a sidewalk along ;North 7th Avenue for public use , marking of off-street parking spaces and the installation of wheel stops , and other improvements as illustrated on the plans and specifications hereto attached and made a hart of this Agreement, , as "Exhibit A" . The estimated cost of said improvements is attached and made a part of this Agreement , as "Exhibit B" and "Exhibit B- 1 . " The existing freestanding sign shall be brought into conformance with the Bozeman Area Sign Code in accordance with the Sign Amortization Schedule set forth in the Bozeman Zoning Ordinance as that Section presently exists or is ultimately- amended by the City Commission . 3 . Financial Guarantee , Time for Completion of Improvements If the use of the structure is to occur prior to the installation of the improvements , the improvements must be secured by a financial guarantee , as may be deemed acceptable by the City, payable to the City of Bozeman , in an amount equal to one and one- half times the estimated cost of the installation of any required improvements not completed at this time . Said method of security shall be valid for a period of not less than twelve ( 12 ) months . In any event , all required improvements on the site as delineated on Exhibit "A" , which is attached and made a part of this Agreement , shall be completed within twelve ( 12 ) months of occupancy in order 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 407 North 7th Avenue , Bozeman , MT 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 elect to enforce any of the following specified remedies : 9 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 he reiri . 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 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. Any required landscaping must, be maintained in a healthy , growing condition at all times. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan . 7 . Governing Law This Agreement shall he 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 to City. 11 . Successors 3 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 . Joh Kesserich, owner Golden Goose Casino STATE OF MONTANA 1 : ss County of Gallatin ) On this 1 day of �� 1992 , before me , a Notary Public for the State of Montana, personally appeared John Kesserich, known to me to be the person who executed the foregoing Improvements agreement and acknowledged to me that they executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary ',Public for State of Montana Residing at : 8 C)"z CVYI0- &t rn 1 Commission Expires : ( SEAL ) THE CITE- OF BOZEMAN Phillip J F bes Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the _ /7A day of 1992 , before me, a Notary Public for the State of Moletang, 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 . otary P,ibl i_c f r State of Montana Residing at. :_ m4-h Commission E.: pi res ( SEAT., ) 4 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS t: ��--••------ --------- ---- ----------------------------------------------•------------- -------�- DATE: 30 April 92 PROJECT: Golden Goose Casino DEVELOPER: John Kesserich X • --r- -------------...........r--t.--------------r----- -r------------'--------------- Item Sq,Ft . /Ia1. Ft . Cost Per Unit Fst , Cost Paving: Asphalt Concrete Sidewalks: 650 SF 1 . 901SF = ��s _ nn CtTi`'b*n: curbstops 17 unit._s_ 5. 001nni t 425. 00 Landscape: SEE EXHIBIT B-1 1, 411_ 00 Landscape Protection: rbage Enclosure: 1 unit 250. 00/unit 250 . 00 Exterior Lighting: Water Improvements: Sewer Improvements: Sttteet- -s : .- "compact only" signs 6 units 25. 00/unit 150. 00 x gym= Date;Approved By City Engineering Office: 2�- -t - 7 00' Tit` I$ riviol 00 ' OZ 00 ' OI Z Bastds atusi3 pToB 0019E 00 ' ZI E ulIT4ualod doap pToB 00 ' 99 00 ' ZZ E sadtunC daTnC 4utw 00 ' 6E 00 ' 6£ T aBITT aasq asausdBC 00 ' tlZZ 00 ' vi 91 Xjjaqus.:o jaump 00 ' Z9T 00 ' tI9 £ aidetu sanTTs 00 ' SZ8 00' SLZ E qss uaas8 asowgvd 00 ' 6E $ 09 ' 61 $ Z sadtunC mvq Ts401 }tun gsoO XjTjusn wa-4I 3IVRIISa adVOSQNV I dflO HSOOJ NHagOJ I-H .LIgIHXa