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Home My WebLink About93- Lot 10, Evergreen Business Park James W. Kack, Developer IMPROVEMENTS AGREEMENT FOR LOT 10 , EVERGREEN BUSINESS PARK JAMES W. KACK, DEVELOPER THIS AGREEMENT is made and entered into this 2t day of 1993 , by and between James W. Kack, 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 Major Site Plan application to allow the construction of a 22 , 131 sq. ft . structure for office/ light industrial uses 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 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 conditional approval of said Major 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 those properties which are designated and identified as Lot 10 of the preliminarily approved Evergreen Business Park Planned Unit Development Subdivision, City of Bozeman, Gallatin County, Montana, and more commonly described as a 2 . 6 acre tract located north of I-90 and south of Griffin Drive and the Cardinal Distributing Company. 2 . Improvements This Agreement specifically includes the installation of paving , gutter, landscaping , sidewalks , 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" . It is expressly understood that sewer and water 1 line improvements and base grade of the private street must be completed prior to issuance of a building permit for the facility. 3 . Financial Guarantee, Time for Completion of Improvements If occupancy of the structure is to occur prior to the installation of all required on-site improvements , 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 and one-half times the estimated cost of the installation of any required improvements not completed at that time . Said method of security shall be valid for a period of not less than twelve ( 12 ) months . In any event, all 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 . 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 6531 Jackson Creek Road, 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. 2 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. 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 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 . -�) . t/""� Jam . Ka k STATE OF MONTANA ) : ss County of Gallatin) On this t A�-- day of C , 1993 , before me, a Notary Public for the State of Montana, personally appeared James W. Kack, known to me to be the person 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 above written. � "A"� S, �� --�-�k,"I , , Notary Public for State of Montana Residing at Bozeman, Montana Commission Expires: THE CITY OF BOZEMAN Phillip orbes Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the _ Q'2'�_ day o , 1993 , before me , a Notary Public for the State of tang, 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 eal on the d '3� a d yeal first written above . otary Publi for State of Montana Residing at : Commission 4 "EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS LOT 10 , EVERGREEN BUSINESS PARK PUD SUBDIVISION ----------------------------------------------------------------------------------------- PROJECT: Z-92158 - Major Site Plan allowing the construction of a 22 , 131 sq. ft . structure for office/light industrial uses DEVELOPER: James W. Kack, 6531 Jackson Creek Road, Bozeman, Montana ---------------------------------------------------------------------------------------- ITEM S9. FT. /LN.FT. COST/UNIT EST. COST Sidewalk 4 , 726 . 80 sq. ft. $ 1 . 90/sq. ft . $ 8 , 981 . 00 Landscaping , general 38 , 239 . 00 sq. ft . $ . 21/sq. ft. $ 8 , 030 . 00 ( sod, irrigation, grading, berms ) Patmore Ash Trees 5 $195 . 00 ea. $ 975 . 00 Douglas Fir 13 $ 60 . 00 ea. $ 780 . 00 Ponderosa Pine 10 $ 69 . 00 ea. $ 690 .00 Chokecherry 4 $ 25 . 00 ea. $ 100 . 00 Amur Maple Trees 11 $125 . 00 ea. $ 1 , 375 . 00 Scandia Juniper 64 $ 7 . 50 ea. $ 480 . 00 Asphalt Paving 49 , 977 sq. ft . $ 1 . 00/sq. ft. $49 , 977 . 00 Concrete Curb 1 , 710 ln. ft . $ 8 . 25/ln. ft. $14 , 108 . 00 TOTAL ESTIMATED COST: $ 85 , 496 . 00 x 1 . 5 = $128 , 244 . 00 Approved by City Engineer,: � Date: 6 Z 36