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Home My WebLink About92- Westland Corporation for Simkins-Hallin IMPROVEMENTS AGREEMENT FOR WESTLAND CORPORATION FOR SIMKlNS-HALLIN "THIS AGREEMFNT is made and entered into this /J day of A 'vy wL 1992 . by and between Westland Corporation . hereinafter called the "Developer" . and the City or Bozeman . a Municipal Corporat. iori 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 Conditional Use Permit application for a Planned t'nit De-elopment allowing construction of an 11 , 800 so . ft . main floor retail sales and office building , with 1 . 920 square feet of second floor level office space , and related parking and site improvements 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 Aereement , and of the parties hereto . to satisfy the improvements guarantee requirements for the Final Site Plan approval of said Planned Unit. Development . NOW. THEREFORE . in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows : 1 I . Property Description This Agreement pertains to , and includes those properties which are desineated and identified as Lot 18 , Block 46 and Lots 16 through 27 . both inclusive , in Block 49 , Lots 1 through 8 , inclusive , in Block 46 , Lots 9 through 16 , inclusive , in Block 46 of the Northern Pacific Addition to Bozeman, Gallatin County , Montana , and an irregular shaped parcel of land containing approximately 3 . 98 acres in the Northern Pacific Additijn to Bozeman , Gallatin County , Montana, and more commonly known as the 300 Block of North Broadway . 2 . Improvements This Agreement specifically includes the installation of landscaping , landscape irrigation systems , paving , curbing and headers , sidewalks , stormwater detention/retention basin( s ) , water main extensions , 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 val id for a period of riot less than twelve ( 12 ) months . In any event , all 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 9 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 . 5 . Default. Time is of the essence of this Agreement . If the Developer shell 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 ) daps after written notice specifying the default is deposited in the United States mail addressed to the Developer at 124 North Wallace , 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. 3 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 he construed in all respects as if such invalid or• unernforceable provision were omitted . 10 . No Assignment. Tt is expressly agreed that the Developer shall not assign this Agreement in whole , or• in part , without prior written consent to City . 11 . Successors Fxcept as provided i_n 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 . WESTLAND COR.POR. ION By: Thomas R. Simkins , Vice President of Westland Corporation , Bozeman, MT STATE OF MONTANA } : s s County of Gallatin } On this _N�)- day of 1992 . before me , a Notary Public for the State of Montana, personally appeared Tom Simkins , known to me to be the Vice President of Westland Corporation in Bozeman, Montana , the corporation that executed the foregoing Improvements AiQreement and acknowledged to me that he executed the same for and on behalf of said corporation. TN 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 : Commission Expires : ( SEAL ) THE CITY OF BOZEMAN j Phillip ,j ✓rbe Director o Public Service STATE OF MONTANA } : ss County of Gallatin 1 On the �� day of Ae4y'�Wu , 1992 , 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 mN seal on the day and year, first. written above . Notary ublic f r _a(- of Montana R _ at : .60L-2-� Commission Exu_ s : ( SEAL )