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
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