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HomeMy WebLinkAbout91- IA for David and Thelma Manley IMPROVEMENTS AGREEMENT FOR DAVID AND THELMA MANLEY This AGREEMENT is made _and entered into this _ day of ` " between David and Thelma Manley , 1 �9�, My and het e n Y , hereinafter called the "Developers" , 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 Developers to meet the conditions of approval for a Minor Site Plan , No. Z-9081 , allowing the remodeling of a 1200 square-foot space to accommodate a retail bake shop at Lots 2 and 3 , Block F , of Story ' s Addition in Bozeman , Montana and more commonly known as 708 West Main Street , Bozeman , Montana; WHEREAS, it is the intent of the Developers to satisfy the conditions of approval for Minor Site Plan No. Z-9081 ; and WHEREAS, it is the intent and purpose of both the Developers 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 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 2 and 3 , Block F, of Story ' s Addition , City of Bozeman , Gallatin County , Montana, and more commonly known as 708 West Main Street, Bozeman , Montana. 2 . Improvements This Agreement specifically includes the installation of improvements as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as "Exhibit A" . The estimated cost of said improvements is attached and made a part this agreement. 3. Financial Guarantee, Time for Completion of Improvements If occupancy of the described retail space is to occur prior to 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 all required improvements not installed at the time of occupancy . The financial guarantee shall be submitted in conjunction with and at the time of Final Site Plan approval and should be completed within twelve ( 12 ) months of approval . In any event , all required improvements on the site as delineated on Exhibit "A" and listed on Exhibit "B" , which are attached and made a part of this Agreement, shall be completed within twelve ( 12 ) months of Final Site Plan approval . 4. Default Time is of the essence of this Agreement. If the Developers 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 689 Manley Road , Bozeman, Montana 59715 , or such other address as the Developers 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 . B. The City may enforce any other remedy as provided by law. 5 . Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time to inspect and to determine if 2 the Developers are in compliance with this Agreement and the Developers shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 6 . Warrant The Developers shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body . 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. L David and Thelma Man-ley/ ACKNOWLEDGMENT STATE OF MONTANA ) ss . County of Gallatin ) On this day of 1 99� before me , a Notary Public for the State of Monta a, personally appeared David or Thelma Manley , known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that he executed the same. J IN WITNESS WHEREOF , I have hereunto set my hand and affixed my Notarial seal the day year first above written . tary Public for the State of ontana ( SEAL ) Res i d i ng at�� My commission expires : CITY OF BOZEMAN fillip orbes Director of Public Service STATE OF MONTANA ) ss . County of Gallatin ) ey, 1 On the day of 199*, before me , a Notary Public for the State of Monta a, 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 a ove . ( SEAL ) Nota Public for he State of Mont na Residing at Commission Expires : 9 z 4 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS - ----------------------------------------------------------------------------------------------- DATE ; 11/14/90 PROJECT: Minor Site Plan; Bozeman Bake Shop, 708 West Main Street DEVELOPER: David and Thelma Manley -------------------------------- --------------- -------------------------------------------------- Iteii Sq .Ft . /Ln . Ft . Cost-Per-Unit Est , Cost Paving:Asphalt 55ft.x 20ft.= 1100sq. ft. $1.00 x 1100 sq. ft. $1100.00 Concrete Sidewalks : Curbing: Landscape: Landscape Protection: r Garbage Enclosure: Exterior Lighting : Concrete Wheel Stops (6) $25.00/unit x 6 $150.00 SUB- TOTAL: $1250.00 1 .5 x $1250.00 = $1875.00 Total TOTAL EST. COST OF IMPROVMENTS $1875.00 Approved By City Engineering Office : Date :