HomeMy WebLinkAbout94- Johnson Office Building IMPROVEMENTS AGREEMENT
FOR
JOHNSON OFFICE BUILDING
THIS AGREEMENT is made and entered into this o��� day of
, 1994 , by and between Scott Johnson, 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 Minor Site Plan application
allowing the construction of a second floor level addition and
remodel of an existing building with related parking , and site
improvements on the property in question; and
WHEREAS , it is the intent of the Developer to obtain the
required Building Permit( s ) ; 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 approval of said Minor Site Plan
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 Lots 1 , 2 , and 3 of Block H,
Original Townsite, Bozeman, Montana, and more commonly known as 101
East Mendenhall .
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2 . Improvements
This Agreement specifically includes the installation of a
paved parking lot and landscape 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, as "Exhibit B" .
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 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 not less than twelve ( 12 ) months.
In any event, all other required improvements on the site as
delineated on Exhibit "A" , (Approved Final Site Plan) , Exhibit "B" ,
(Estimated Cost For Final Improvements ) , and Exhibit "B-1" ,
Estimated Cost For Landscape Improvements ) , which are attached and
made a part of this Agreement, 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 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.
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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 15 West Olive ,
Bozeman, MT. 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 representative , 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
written acceptance by the Governing Body, and insure that all
required pedestrian sidewalks shall be maintained in safe walking
condition, and cleared of snow and debris at all times . 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.
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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
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
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parties hereto and their respective heirs , successors and assigns .
DEVELOPER
ott ion-son
STATE OF MONTANA )
: ss
County of Gallatin )
On this day of 1994 , before me, a Notary
Public for the State of Montana, personally appeared Scott Johnson,
known to me to be the person described herein who executed the
foregoing Improvements Agreement and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first written above.
Notary Public for State of Montana
Residing at : c��
Commission Expires :`
( SEAL)
THE CITY OF BOZEMAN
Phillip J. F rbes
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the day of ' , 1994 , 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 o the day and year first written above .
otary Public Vr State of Montana
Residing at• J
Commission Exp res :
( SEAL)
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