HomeMy WebLinkAbout93- Mackenzie River Pizza Co. IMPROVEMENTS AGREEMENT
FOR
MACKENZIE RIVER PIZZA CO.
THIS AGREEMENT is made and entered into this Z`z> day of
1993 , by and between MacKenzie River Pizza Co. ,
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 Certificate of Appropriateness
application allowing the .remodel of an existing retail building to
accommodate a new Pizza restaurant, and to provide for required
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 Certificate of Appropriateness
approval of said remodel .
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
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which are designated and identified as Portions of Lots 7 & 8 ,
Block C of the Original Townsite, Bozeman, Gallatin County ,
Montana, and more commonly known as 232 East Main Street .
2 . Improvements
This Agreement specifically includes the installation of
sidewalk tree( s ) to meet City Standards , the provision of the
required number of parking spaces through either physical location
or through the Cash-In-Lieu Program, 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 no case shall occupancy occur prior to providing the required
number of parking spaces . In any event , all other required
improvements on the site as delineated on Exhibit "A" , (Approved
Certificate of Appropriateness 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.
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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 .
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 232 East Main
Street , Bozeman, MT 5971.5 , 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
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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 .
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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 .
PIE IN THE SKY CORP.
doing business as :
MACKEN E RIVER PI A CO.
Don acKe zie ,
President
of MacKenzie River Pizza Co . ,
Bozeman, MT
STATE OF MONTANA )
: ss
County of Gallatin )
On this z`3 day of r 1993 , before me , a Notary
Public for the State of Montana, pers nally appeared Don MacKenzie ,
known to me to be the President of MacKenzie River Pizza Co . in
Bozeman, Montana, the company that executed the foregoing
Improvements Agreement and acknowledged to me that he 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 day and year first written above .
Notary Public for State of Mo t a
Residing at :
Commission Expir s : - —
( SEAL)
THE CITY OF BOZEMAN
d a,"I //, 1�3"
Phillip orbes
Director of Public Service
STATE OF MONTANA }
: ss
County of Gallatin )
On they day of 1993 , before me , a Notary
Public for the State of Montana, ersonally 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 .
Notary Public for State of ontana
Residing a t : „�yiC emetic , l2171',
Commission Expire .
( SEAL )
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"EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS
MACKENZIE RIVER PIZZA CO. 232 EAST MAIN
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PROJECT : Z-92157 - Certificate of Appropriateness allowing the remodel of 232 East Main.
DEVELOPER: Don MacKenzie, 232 East Main, Bozeman, Montana
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ITEM QUANTITY COST/UNIT EST. COST
Parking Space( s ) 20 . 58 Spaces , or as adjusted by the $1200 . 00 ea. $ 24 , 696 . 00
Bozeman Downtown Parking Commission
(The required parking spaces must be provided for prior to occupancy and cannot be secured
by a financial guarantee for site improvements )
ITEM QUANTITY COST/UNIT EST . COST
Patmore Ash Trees 1 $195 . 00 ea. $ 195 . 00
Sidewalk Tree Grill 1 $275 . 00 ea. $ 275 . 00
Installation Of Street Tree 1 $214 . 00 ea $ 214 . 00
TOTAL ESTIMATED COST : $ 684 . 00
x 1 . 5 = $ 1026 . 00
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