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Home My WebLink About93- Gallatin Valley Seed Company, 201 South Wallace Avenue IMPROVEMENTS AGREEMENT FOR GALLATIN VALLEY SEED COMPANY 201 SOUTH WALLACE AVENUE THIS AGREEMENT is made and entered into this _G.1_.�ay. of 1993 , by and between Gallatin Valley Seed Company , 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 of a Conditional Use Permit application to modify and expand an e�.isting non-conforming office and warehouse complex , known as the Gallatin Vallee Seed Company building , on the property in question ; and WHEREAS , it. is the intent of the Developer to obtain Final Site Plan approval ; and WHEREAS , it is the intent and purpose of both the Developer' acid the City to hereby enter into an Agreement which will guarantee the fill and satisfactory completion of the required improvements on the property hereinafter described , Bind it, is the intent of this Agreement , and of the parties hereto , to satisfy the improvements guarantee requir•em-rits for the conditional approval of said Conditional Use Permit . NOW, THEREFORE , in consideration of the mutual covenants and (loriditions contained herein, it is hereby agreed as follows : 1 . Property Description This Agreement pertains to and includes those properties which are designated and identified as Lots 11 through 20 , Block D , Rouse ' s Second Addition to the City of Bozeman, Gallatin Count\- , Montana, and more commonly described as 201 South Wallace Avenue . 2 . Improvements This Agreement specifically includes parking lot improvements , landscaping , sidewalks , alley and street paving , curb and gutter , and other improvements as illustrated on the plans and specifications hereto attached and made a part of this Agreement , <is "E-1-hibit A" . The estimated cost of said improvements is attached and made a part of this Agreement , as "Ex)-ribit B" . 1 3 . Financial Guarantee , 'lime for Completion of Improvements If issuance of a building permit. for Phase l is to occur prior to the installation of the improvements required for Phase 1 , i . e . the appropriate number of off-Street parking spaces , curb and sidewalk on Wallace and Oli \-e , and associated landscaping , the Improvements agreement. 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 acid one-half times the estimated cost of the installation of any required improvements for that phase riot yet installed . Said method of seciirity shall be va.l i.d for a period of not less than twelve ( 12 ) months . In any event , al required improvements shall be completed within nine ( 9 ) months of occupancy- in order- 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 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 . 5 . Dc-fault, Time is of` the essence of this agreement . If the Developer shall default in or fall 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 rafter written notice specifying the default is deposited in the Uni Led States mail addressed to the Developer at 201 South Wallace Avenue , Bozeman, Montana 59715 or such other address as the Developer shall provide to the Citv from time to time , without being completely remedied , satisfied , acid 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 lie rein. 1 . The City , s representative , cuntractors , and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developer shall permit and secure any additional permission required to enable them to do SO . B ) The City may enforce any other remedy provided by law . 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. .any required landscaping must be maintained in a healthy , growing condition at all times. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. 7 . Governing; Law This Agreement shall be construed according to the laws of the State of Montana . R . 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 to 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 . GALLATIN VAL SEED CO PANY By: -- Titl : STATE OF MONTANA ! : ss County of Gallatin ) On this day of `! `.- 1993 , before me , a Notary Public for the State of Montana, personally- appeared �c •.` _ _ known to me to be the �:-�� , of Gallatin- Valley Seed Company , the company which executed the foregoing Improvements Agreement and acknowledged to me that he/she executed the same for and on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the dad- and year first above written. Notary Public for State of Montana Residing at Bozeman, Montana Commission Expires: ' '`1_� -_ THE CITY OF BOZE�I-V\ Phillip J . F4lic e Director of Service STATE OF MONTANA ) : ss County of Gallatin ) On the dad- of _ , 1993 , 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 - rll on tie day and vear first written above . Notar Pub] ic car Sta e. of Montana Residi g at : Commission Expires:./�-►_A1_� -1 "EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS GALLATIN VALLEY SEED COMPANY 201 SOUTH WALLACE AVENUE ----------------------------------------------------------------------------------------- PROJECT : Z-9315 - Conditional Use Permit allowing the modification and reuse of existing structures at 201 South Wallace Avenue DEVELOPER: Gallatin Valley Seed Company ---------------------------------------------------------------------------------------- ITEM SQ. FT . /LN. FT . COST/UNIT EST . COST PHASE lA IMPROVEMENTS Asphalt parking 10 , 260 sq. ft . $ 1 . 00/sq. ft . $10 , 260 . 00 Sidewalk , on site 160 ln. ft . x 5 ' = 800 sq. ft . $ 1 . 90/sq. ft . $ 1 , 520 . 00 Sidewalk, on Wallace 150 ln . ft . x 5 ' = 750 sq. ft . $ 1 . 90/sq. ft . $ 1 , 425 . 00 Sidewalk on Olive Street 65 ln. ft . x 5 ' =825 sq . ft . $ 1 . 90/sq. ft . $ 1 , 568 . 00 Landscaping , general 1 , 600 sq . ft . $ . 21/sq. ft . $ 336 . 00 ( sod, irrigation , grading , berms ) Norway Maple Trees 8 $ 69 . 00 ea. $ 552 . 00 Mountain Ash Trees 5 $195 . 00 ea. $ 975 . 00 Techny Arborvitae 34 $ 34 . 00 ea. $ 1 , 190 . 00 ( Trees for all street frontages and 1A parking lot ) Bike Rack 1 $130 . 00 ea . $ 130 . 00 Signs ( disabled ) 2 $ 25 . 00 ea. $ 50 . 00 Concrete Curb in Lot 88 ln . ft . $ 8. 25/ln. ft . $ 726 . 00 Concrete Curb on Wallace 160 ln. ft . $ 8 . 25/ln. ft . $ 2 ,409 . 00 Rail & Timber Curb in Lot 295 ln. ft . $ 4 . 00/1n. ft . $ 1 , 180 . 00 Street Approaches ( 6"concrete ) 44 ' xl6 ' =704 sq. ft . $ 3 . 00/sq. ft . $ 2 , 112 . 00 ( on Wallace ) East Curtiss Street Improvements from Wallace through the alley to City standard with curb, gutter and sidewalk ( and two approaches ) on north side -- 210 lineal feet $24 , 995 . 40 TOTAL ESTIMATED COST: $49 , 428 . 40 x 1 . 5 = $74 , 142 . 60 Exhibit B, Gallatin Valley Seed Company Improvements Agreement ITEM SQ. FT . /LN . FT . COST/UN T EST. COST PHASE 1B IMPROVEMENTS Alley paving 26 ' x 330 ' = 8580 sq. ft . $16 , 895 . 85 Parking lot asphalt 1620 sq . ft . $1 . 00/sq . ft . $ 1 , 620 . 00 Concrete curb 44 ln. ft . $8 . 25/ln. ft . $ 363 . 00 Rail & Timber curb 90 ln. ft . $4 . 00/ln. ft . $ 360 . 00 General Landscape ( sod , irrigation, grading ) 1 , 500 . sq. ft . $0 . 21/sq. ft . $ 315 . 00 Mountain Ash Tree 1 $195 ea. $ 195 . 00 Norway Maple Tree 1 $ 69 ea. $ 69 . 00 Techny Arborvitae 10 $ 35 ea. $ 350 . 00 TOTAL ESTIMATED COST: $20 , 167 . 85 X 1 . 5 = $30 , 251 . 78 ----------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------- PHASE 2 IMPROVEMENTS Parking lot asphalt 3684 sq. ft . $1 . 00/sq. ft . $ 3 , 684 . 00 Concrete curb 170 ln. ft . $8 . 25/ln. ft . $ 1 , 402 . 00 Rail & Timber curb 158 ln. ft . $4 . 00/ln. ft . $ 632 . 00 Disabled Parking Sign 1 $25 . 00 ea. $ 25 . 00 General landscaping 3 , 659 sq. ft . $0 . 21/sq. ft . $ 732 . 00 ( sod, irrigation, grading ) Mountain Ash Trees 1 $195 . 00 ea. $ 195 . 00 Norway Maple Trees 1 $ 69 . 00 ea. $ 69 . 00 Techny Arborvitae 10 $ 35 . 00 ea. $ 350 . 00 TOTAL ESTIMATED COST: $ 7 , 089 . 00 X 1 . 5 = $10 , 633 . 50