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/