The URL can be used to link to this page

Home My WebLink About93- Blue Basket Minor Site Plan #Z-92141 IMPROVEMENTS AGREEMENTS ` FOR BLUE BASKET MINOR SITE PLAN #Z-92141 THIS AGREEMENT is made and entered into this ZS day of 1K144—G1-4- , 19 9,' , by and between Blue Basket Markets , Inc . , 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 Minor Site Plan application #Z-92141 allowing the construction of a 2 , 950 square foot convenience store with gasoline sales; 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 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 Lot 1 , Block 3 , Walker Property Subdivison, Gallatin County, Montana, and more commonly 1 PAGE 2 OF 5 IMPROVEMENTS AGREEMENT BLUE BASKET MINOR SITE PLAN #Z-92141 known as 1035 Reeves Road West . 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 not 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 AGREEM"NT BLUE BASKET MINOR SITE PLAN #Z-92141 I 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 P.O. Box 531 , Billings , Montana, 59103 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 AGREEMENT BLUE BASKET MINOR SITE PLAN #Z-92141 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 . 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 AGREEMENT BLUE BASKET MINOR SITE PLAN #Z-92141 Brit Miller, president Blue Basket Markets STATE OF MONTANA ) : ss County of Gallatin ) On this aca day of rn, , 19 q3 , before me , a Notary Public for the State of Montana , personally appeared Brit Miller , known to me to be the president of Blue Basket Markets , Inc . who executed the foregoing Improvements Agreement , and acknowledged to me that such corporation executed the same . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Nota 4 Public for State of Montana Residing at : i 5 CY1 Commission Expires : ( SEAL ) THE CITY OF BOZEMAN )ta.� 'd -Z� Phillip J1 F rbe Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the day of --1 �"^'� 19� , 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 on the day nd year first written above . A44141 Nota Public for Stat of Montana Resi Ong at: AJA-- Commission Exp' es : I ( SEAL ) "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS - ------------------------ ---------------------------------------------------------------------- DATE: 18 March 1993 PROJECT:Blue Basket Minor Site Plan #Z-92141 DEVELOPER: Brit Miller/Blue Basket Markets, Inc. ..- •------------------------- --------------- -----------�.�-..-------------------------------------- Item- Sq,Ft , /Ln , Ft . Cost Per Unit Estt Cost Paving: Asphalt 17, 420 SI' $1. 00/SF $17, 420. 00 Concrete 4" 2, 401 SF 1. 75/SF 4 , 202. 00 if 6" 816 SF 3 . 00/SF ; . 88 Sidewalks : 1 , 208 Sr 1. 90/SF Curbstops 25. 00/unit 275. 00 Curbing: 8 . 25/LF 3, 399 . 00 Landscape: SEE EXHIBIT B-1 6 , 858 . 00 Landscape Protection: Disabled Sign 1 unit 25. 00/unit 25 . 00 Garbage Enclosure: 1 unit 350. 00/unit 350 . 00 Bike Rack 1 unit 130 . 00/unit 130. 00 Exterior Lighting: Water Improvements : Sewer Improvements : Street Improvements : ioTa�. 3?�y02 40 g(o 100 Approved By City Engineering Office: Date: 3 �. EXHIBIT B-1 LANDSCAPING ESTIMATE BLUE BASKET MINOR SITE PLAN #fZ-92141 ------------------------------------------------------------------ Item Quantity Cost/Item Total colorado spruce 2 $155 . 00 $ 310 . 00 canada red cherry 2 67 . 00 134.00 patmore ash 4 78 . 00 312.00 sugar maple 4 78 . 00 312.00 quaking aspen 10 59 . 00 590.00 buffalo juniper 8 25 . 00 200.00 mint julep juniper 2 25 . 00 50.00 table top juniper 10 25 . 00 250.00 scandia juniper 17 25 . 00 425.00 cotoneaster 6 7 . 50 45.00 red twig dogwood 4 15 . 00 60.00 golden elder 5 12 . 50 62.00 gold flame spirea 5 10 . 00 50.00 purple leaf plum 10 19 . 00 190.00 abbottswood potentilla 4 12 . 50 50.00 goldfinger potentilla 16 14 . 00 224.00 grass/grading 17 , 115 SF .21/SF 3 ,594 . 00 TOTAL $6,858.00