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Home My WebLink About93- Wal-Mart Stores Major Sit Plan IMPROVEMENTS AGREEMENT FOR WAL-MART STORES MAJOR SITE PLAN THIS AGREEMENT is made and entered into this al day of 1993 , by and between Michael R. Nelson, Assistant Vice- President of Real Estate of Wal-Mart Stores , Inc . , Bentonville, Arkansas, 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 imposed on the project by the Bozeman City Commission as stated in a Bozeman City-County Planning Office letter to Alex Szewczyk, Civil Land Consultants , dated December 23 , 1992 , and pertaining to Major Site Plan application No . Z-92135 to allow the construction of a125 , 000 sq. ft . ( approximate ) single user retail store, auto care and garden center (Wal-Mart ) on the property in question; and WHEREAS , the City will not approve the Developer' s Final Site Plan until the said conditions are met; 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. NOW, THEREFORE, the parties, for and in consideration of the mutual promises contained herein and for other good and valuable considerations , hereby agree as follows: 1 . Property Description This Agreement pertains to and includes those properties which are designated and identified as a 17 . 373 acre parcel located in a portion of Westlake' s 3rd Addition and a portion of the unplatted NE4 of Section 1 , T2S , R5E, PMM, Gallatin County, Montana, and more commonly described as being located at the northeast corner of the intersection of North 7th Avenue and Baxter Lane . The property is owned by George Westlake and Kay Martinen, Vancouver, Washington. 1 2 . Improvements This Agreement specifically includes the installation of landscaping , parking , storm water retention/detention, 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 occupancy of the structure is to occur prior to the installation of all required on-site improvements, this 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 as delineated on Exhibit "A" , which is attached and made a part of this Agreement, shall be completed within nine ( 9 ) months following occupancy in order to avoid default . 4 . Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in the normal business day 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 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 Wal-Mart Stores , Inc . , 701 So. Walton Boulevard Bentonville , AR 72716 , or such other address as the Developer shall provide to the City from time to 2 time , without being completely remedied, satisfied, and discharged, the City may elect to enforce any or all 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. (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. In the event of litigation, venue is in the 18th Judicial District in and for the County of Gallatin, 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 the prior written consent of 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 , personal representatives , successors and assigns . WAL-MA INC. By:fYliChc�L R,Nel5oµ Title:ass{ v*Lce I�rGS.o,F ►^2er-t 'V_sbcle STATE OF fi8f�(Zn.SC�S ) : ss County of 6en�On ) On this th day of , 1993 , before me, a Notary Public for the State of �g n nSn s , personally appeared t�pjf3nr) known to me to be A-z�+. \(�ca. Rpt-j of Wal-Mart Stores, Inc . , the Corporation that executed the foregoing Improvements Agreement and acknowledged to me that he/she executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for State of Residing at: tnl f�gyi I1� Commission Expires : THE CITY OF BOZEMAN /L-�/ * d Phillip J. F bes Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the �� day of -S qAj� , 1993 , 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 s 1 on Lday nd year first written above . Notar Public or State f Montana Resi i g at: Commission Expires: 4 EXHIBIT 'A' WAL-MART FINAL SITE PLAN ENGINEER' S COST ESTIMATE MAJOR SITE PLAN Z-92135 ONSITE PRIVATE IMPROVEMENTS 1 . PARKING LOT ITEM QUANTITY UNIT UNIT COST TOTAL 6" Curb & Gutter 8 , 400 LF 5 . 50 46 , 200 . 00 Heavy Duty Concrete 2 , 860 SY 13 . 00 37 , 180 . 00 Heavy Duty Asphalt 2 , 265 SY 10 . 00 22 , 650 . 00 Standard Duty Asphalt 34 , 400 LF 10 . 00 344 , 000 . 00 10 ' Concrete Walkway w/ ramps 750 LF 12 . 00 9 , 000 . 00 Paint Striping & Signage 1 LS 2 , 500 . 00 2 , 500 . 00 Lighting 1 LS 45 , 000 . 00 45 , 000 . 00 Asphalt Fire Lane 1 , 500 SY 10 . 00 15 , 000 . 00 Bike Racks 3 EA 200 . 00 600 . 00 SUBTOTAL $522 , 130 . 00 2 . SANITARY SEWER SYSTEM ITEM QUANTITY UNIT UNIT COST TOTAL 6" Dia. PVC Service Line 20 LF 20 . 00 400 . 00 Tap and Saddle 1 EA 600 . 00 600 . 00 SUBTOTAL $1 , 000 . 00 3 . STORM SEWER SYSTEM ITEM QUANTITY UNIT UNIT COST TOTAL Inlet With Grate 5 EA 1 , 000 . 00 5 , 000 . 00 8" Dia. R.C. P. 55 LF 10 . 00 550 . 00 12" Dia. R.C . P. 110 LF 12 . 00 1 , 320 . 00 18" Dia. R. C . P. 230 LF 20 . 00 4 , 600 . 00 21" Dia . R.C .P. 550 LF 25 . 00 13 , 750 .00 24" Dia. R.C. P. 60 LF 28 . 00 1 , 680 . 00 Roof Drain System 1 LS 5 , 000 . 00 5 , 000 . 00 Detention Pond Grading 1 LS 7 , 500 . 00 7 , 500 . 00 Oil & Grease Separator at Pond Outlet 1 EA 3 , 000 . 00 3 , 000 . 00 SUBTOTAL $42 , 400 . 00 4 . EARTHWORK ITEM QUANTITY UNIT UNIT COST TOTAL Clear and Grub 17 . 5 AC 1 , 000 . 00 17 , 500 . 00 Cut/Fill/Import 1 LS 200 , 000 . 00 200 , 000 . 00 SUBTOTAL $217 , 500 . 00 5 . MISCELLANEOUS ITEM QUANTITY UNIT UNIT COST TOTAL Landscaping 1 LS 150 , 000 . 00 150 , 000 . 00 SUBTOTAL $150 , 000 . 00 TOTAL IMPROVEMENTS: $933 ,030 . 00 11 TIMES ESTIMATED COST FOR GUARANTEE: $1 , 399, 545 .00