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Home My WebLink About93- Kid's Depot Conditional Use Permit #Z-9309 YMPROVEMENTS AGREEMENTS FOR KID' S DEPOT CONDITIONAL USE PERMIT #Z-9309 THIS AGREEMENT is made and entered into this day Jof �� 19� , by and between Buz Cowdrey, 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 application #Z-9309 allowing the construction of a 4 , 334 square foot day care center; and WHEREAS , it is the intent of the Developer to obtain final approval for said application; 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 the intent of this Agreement, and of the parties hereto , to satisfy the improvements guarantee requirements for the final approval of said Conditional Use Permit application. 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 those properties which are designated and identified as Lot 2 , Block 1 , University Square Subdivison, Bozeman , Gallatin County, Montana, and more commonly known as 2010 West Koch . 1 PAGE 2 OF 5 IMPROVEMENTS AGREEMENT KID' S DEPOT CUP #Z-9309 2 . Improvements This Agreement specifically includes the installation of landscaping and parking lot improvements , and other improvements illustrated on the plans and specifications attached and made a part of this Agreement , as "Exhibit A" . The estimated cost of said improvements is attached as "Exhibit B" and "Exhibit B-1 . " 3 . Financial Guarantee , Time for Completion of Improvements If the use of the structure is to occur prior to the 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 ( 1 1/2 ) times the estimated cost of the installation of any required improvements not completed at this time . Said method of security shall be valid for a period of riot less than twelve ( 12 ) months . In any event , all required improvements as delineated on Exhibit "A" , which is attached and made a part of this Agreement , shall be installed within nine ( 9 ) months of occupancy of the structure or commencement of the use . 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 . PAGE 3 OF 5 IMPROVEMENTS AGREEMrNT KID' S DEPOT CUP #Z-9309 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 32300 East Frontage Road , 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 : 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. 1 . The City' s representatives , contractors , 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 PAGE 4 OF 5 IMPROVEMENTS AGREEMLAT KID' S DEPOT CUP #Z-9309 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 . 8 . Modifications or Alterations No modifications or amendment of this Agreement shall be valid , unless evidenced b.- 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 . 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 . PAGE 5 OF 5 IMPROVEMENTS AGREEMtNT KID' S DEPOT CUP #Z-9309 Buz Co rey , owner 2010 West Koch, Bozeman, MT STATE OF MONTANA ) : ss County of Gallatin ) On this DQ day of 19_ _�j_, before me , a Notary Public for the State of Montana, personally appeared Buz Cowdrey, known to me to be the owner of 2010 West Koch, Bozeman, MT who executed the foregoing Improvements Agreement , and acknowledged to me that he executed it on behalf of the same . IN- WITNESS WHEREOF, I have hereunto set my hand and affixed my N to ial Seal the day and year first above written. Notary Publi for to of Montana Residing at :_ ��LZT Commis lion Expire t - \I d► 1 ,0 ( SEAL ) THE CITY OF BOZEMAN w Phillip J1 Fo bes Director of Public Service STATE OF MONTANA ) sS County of Gallatin ) On the ZQ day of _, 19�, before me , a Notary Public for the State of kontana, 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 sea]. on the day and year first written above . A"*64�- �-av'xe� . Notar, Public for _tat of Montana R e s i d e , at : 'ktti*t- Commission Expi. -es :,1JVA,W � ( SEAL ) "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS - ----------------------------------------------------------------------------------------------- DATE; 18 March 1993 PROJECT: Kid' s Depot CUP #Z-9309 DEVELOPER: Buz and Judy Cowdrey ---------------------------- ----------- -----r------ ----------,----------------------------- Item- Sq,Ft , /Ln , Ft . Cost Per Unit Este Cost Paving: Asphalt 7, 796 SF $1. 00/SF $ 7, 796. 00 Concrete 4 353 SF 1. 75/SF 618. 00 3 . 00/SF 804. 00 Concrete 6" 268 SF 1. 90/SF 2, 384. 00 Sidewalks : 1, 255 SF Curbing: 187 LF 8 . 25/LF 1, 543 . 00 Landscape: SEE EXHIBIT B-1 4, 570. 00 Landscape Protection: . 00 350 . 00/unit Fencing .1, 608 SF 1 . 50/SF � 350 . 00 Garbage Enclosure: 1 unit 0 Bike Rack 130 . 00/unit 1 unit Exterior Lighting: 3 units 350 . 00/unit 1 050. 00 Disabled Sign 1 unit 25. 00/unit 25. 00 Water Improvements: Sewer Improvements : Street Improvements : X 32, .Sn O Approved By City Engineering Office: Date : 3 •3) f3 EXHIBIT B-1 LANDSCAPING ESTIMATE KID' S DEPOT CUP 4.iZ-9309 ------------------------------------------------------------------ Item Quantity Cost/Unit Total spring snow crab apple 4 $ 36 . 00 $ 144 . 00 sugar maple 7 78 . 00 546 . 00 colorado spruce 3 110 . 00 330 . 00 quaking aspen 16 59 . 00 944 . 00 tam juniper 14 25 . 00 350 . 00 techny arborvitae 3 39 . 00 117 . 00 potentilla coronation 10 12 . 50 125 . 00 alpine currant 3 13 . 00 39 . 00 cotoneaster 70 3 . 00 210 . 00 rose tree of china 3 15 . 00 45 .00 grass/grading 8 , 189 SF . 21/SF 1 , 720 . 00 TOTAL $4, 570 . 00