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HomeMy WebLinkAbout91- IA for United Building Centers IMPROVEMENTS AGREEMENT FOR UNITED BUILDING CENTERS KG{ This AGREEMENT is made and entered into this —Z day of 1�1 AY 1 1991 , by and between United Building Center 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 Conditional Use Permit #Z-9103 allowing the expansion of outside lumber storage and the non- structural expansion/remodeling of the existing retail sales area from 4100 to 8200 square feet at 501 East Main Street, on property described as Lots 10-19 and the West one-half of Lot 20, Block E of Rouse ' s First Addition, Bozeman , Montana. WHEREAS , it is the intent of the Developer to satisfy the conditions of approval for Conditional Use Permit #Z-9103 ; 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 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 , that property which is designated and identified as Lots 10-19 and the West one-half of Lot 20 , Block E of Rouse' s Addition, City of Bozeman, and more commonly known as 501 East Main Street, Bozeman , Montana. 1 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 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 125 West Fifth Street, Winona, MN 55987 , 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: 2 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. UNITED BUILDING CENTERS BY: TITLE: ACKNOWLEDGMENT STATE OF MONTANA ) ss. County of ) �,,� C- On this day of GZ C 1991 , before me, a Notary Public for the State of MOINTANA, personally appeared Geoffrey McBride, Manager, United Building Center, 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 my tarial seal the day and year first above written. Notary Publ i c for the State of Residing My commission ex res: (SEAL) CITY O B2'E�M�A N 9YAok Phillip J orbes Directo of Public Service STATE OF MONTANA ) ss. County of Gallatin ) On the 6 t14 day of 1991 , before me, a Notary Public for the State of M ntana, 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. A" (4� Za4lllw� Notar Public for State of Montana Residing at Commission Exp i es: /q,?Z (SEAL) 4 ATTACHMENT TO EXHIBIT "B" , ESTIMATE OF LANDSCAPING COSTS UNITED BUILDING CENTER CONDITIONAL USE PERMIT #Z-9103 I . Trees and Shrubs: Species Number Unit Price Total A. Linden, (tree) (5) $50.00 $250.00 B. White Birch ( 1 ) 50.00 50.OD C. Japanese Lilac ( 1 ) 30. 00 3D.OD D. Maple ( 1 ) 50. 00 50.OD E. Honeysuckle ( 1 ) 30.00 3D.OD F. Sweet Mockorange ( 1 ) 10.00 10.00 G. Hydrangea ( 1 ) 15 .00 15.00 H. Currant ( 1 ) 15 .00 15.00 Subtotal Trees: $450.00 II . Landscaping: Square Feet Cost/square feet Sub-total 1250 $ . 21 26� 2.50 Total . plantings/landscaping: $712.50 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------- DATE: 3/28/91 PROJECT: United Building Center, 501 East. Main Street Conditional Use Permit DEVELOPER: United Building Centers, 125 West Fifth Street, Winona, MN, 55987 b Geo - ffrey McBride Bozeman Manager __ ___ Ttem- Sq_Ft , /Ln . Ft . cost per/ Unit Est Cost, MaMEMa Paving. Asphalt 4200 square feet @ $1 ,00/sq. ft. ' $4200.00 Concrete Sidewalks : Curbing: Landscape: 1250 square feet @ $.21/sq, ft, $262.50 Landscape Trees, Shrubs (see attachment) $450.00 Garbage Enclosure: .terior Lighting: Water Improvements : Sewer Improvements : Street Improvements : Concrete Parking Stops (13) @ $25,00 each $325,00 Total Estimated Costs: 45237.00 Total Costs X 1.5 (%150) $7855.50 A oved By City Engineering Office: 77 Date: 6 — �—f/