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HomeMy WebLinkAbout90- IA for RCI Realty of Bozeman IMPROVEMENTS AGREEMENT FOR RCI REALTY OF BOZEMAN This AGREEMENT is made and entered into this day of e�r'- .erg 1990 , by and between RCI Realty of Bozeman , 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 a Minor Site Plan , No. Z-9078A , allowing the demolition of part of an existing structure and the construction of a 2000 square-foot office building on a lot of land described as the Southeast parcel of Lot 1 , of Block 2 , of The Triangle Area Annexation , City of Bozeman , Montana, and more commonly known as 2621 West College Street, Bozeman , Montana; WHEREAS, it is the intent of the Developer to satisfy the conditions of approval for Minor Site Plan No. Z-9078A; 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 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 the Southeast parcel of Lot 1 , Block 2 , of the Triangle Area Annexation and more commonly known as 2621 West College Street Bozeman , Gallatin County, Montana. 2 . Improvements This Agreement specifically includes the installation of landscaping improvements , driveway and parking improvements , and other 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 of this agreement . 3 . Financial Guarantee, Time for Completion of Improvements If occupancy of the office building is to occur prior to installation of the improvements, the improvements not yet installed 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 . Said method of security shall be valid for a period of not less than twelve ( 12 ) months ; however , all on-stie improvements shall be completed by the applicant within nine ( 9 ) months of occupancy to avoid defalult on the method of security. 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 nine ( 9 ) months of occupancy. 4. 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 Developers at 2621 West College Street, Bozeman , Montana 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 : 2 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 . b . Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time to inspect 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. 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 landscape improvements shall be maintained in a healthy and growing condition at all times. 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 . 3 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 , RCI R tt z man l� BY: ACKNOWLEDGMENT STATE OF MONTANA ) ss. County of Gallatin ) On this day of ID-P. L,(� �T IU p 1�- r 1990, before me, a g�tary Pu lic for the State of Montana, personally appeared r fo,lI) ) S{±C- 0C4- known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year first above written . l� br--- Notary Public or State of Montana Residing at My commission expi r s: 7 2- ,1 (SEAL) CITY OF BOZEMAN / Philli J/ Forbes Director of Public Service STATE OF MONTANA ) ss. County of Gallatin ) On the t4 day of 1990, 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. 41�� eo't",'Zo�z Notar Public for Itate of Montana Resid ng at D Commission Expires: (SEAL) 4 ADDENDUM TO IMPROVEMENTS AGREEMENT FOR RCI REALTY OF BOZEMAN This AGREEMENT ADDENDUM is made and entered into this day of d .AWOW "`� , 1990 , by and between RCI Realty of Bozeman , 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 a Minor Site Plan , No. Z-9078A, allowing the demolition of part of an existing structure and the construction of a 2000 square-foot office building on a 1 . 398-acre lot of land described as the Southeast parcel of Lot 1 , of Block 2 , of The Triangle Area Annexation , City of Bozeman , Montana, and more commonly known as 2621 West College Street, Bozeman , Montana; WHEREAS , a legal opinion by counsel to the developer concludes that the private street depicted as primary access on The Final Site Plan along the west boundary of the subject property does provide legal access to said property; and WHEREAS , said access to the subject property has historically been via the private street along the west boundary of said property; NOW, THEREFORE , IT IS HEREBY AGREED AS FOLLOWS ; THAT, In addition to the terms set forth in the Improvements Agreement and the Estimated Cost o ,lImprovements for Minor Site Plan No. Z-9078A, dated � � 7" f 1990 , it is hereby expressly understood and agreed to by the City and the Developer that the Developer shall construct a twenty-four ( 24) foot-wide City Standard access to West College Street as shown on the Final Site Plan , within sixty ( 60 ) days of any legal action or Page 2 of 2 , ADDENDUM TO IMROVEMENTS AGREEMENT, RCI REALTY determination that the Developer does not have a legal right of access to the subject property from the private street located to the West. RCI Realty o zeman BY : ACKNOWLEDGMENT STATE OF MONTANA ) ss . County of Gallatin 1 ) On this 3— day of 1990 , before me , a� otar,y Public for the tate of Montana, personally appeared �CC sl C � a known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF , I have hereunto set my hand and affixed my Notarial seal the day and year first above written . 0�1�4 -� tr-- Notary Publi for State of Montana Residing at , A-+ My commission exp es : ` - , ( 73- (SEAL ) CITY OF BOZ,EMAN 44 P fillip J . or es Director, Public Service STATE OF MONTANA ) ss. County of Gallatin ) On the day of 1990 , 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. Notar Public for St to of Montana Residing at �i�'1 N _ Commission Expires : Z (SEAL ) 2 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS - ------------------------------------------------------------------------------------------------ DATE : 11/15/90 PROJECT: RCI Realty of Bozeman, 2621 West College' 4- DEVELOPER; Richard Embry and Tony Wastcoat ` Item Sq.Ft . /Ln . Ft . Cost-Per Unit Estr Cost Paving: Asphalt 3,780 sq. ft. $1.00/sq. ft. $3780.00 Concrete Sidewalks : 296 sq. ft. $1 .90/sq. ft. 562.40 Curbing: �293 linear ft. $8,25/lin. ft, 2417.25 Landscape: 2595 Square ft. $ .21 sq. ft. 544.95 Landscape Protection: Garbage Enclosure : (1) $500.00 500.00 Exterior Lighting: ASPEN TREES (2) $ 60.00 120.00 CLUMP BIRCH (4) $165.00 660,00 COTONEASTER (200 sq.ft.) $ .75 150.00 SUBTOTAL $8734.30 TOTAL:"' $8734.20xl.5 =$13,101.90 Approved By City Engineering Office : Date nut