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HomeMy WebLinkAbout92- Bozeman Shelter Care, Inc. Conditional Use Permit at 3025 Westridge Dr IMPROVEMENTS AGREEMENT FOR BOZEMAN SHELTER CARE, INC . CONDITIONAL USE PERMIT AT 3025 WESTRIDGE DRIVE THIS AGREEMENT is made and entered into this c.,?(a day of 1992, by and between Bozeman Shelter Care, Inc . , hereinafter called the "Owner" , 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 Owner to meet the conditions of approval imposed on the project by the City Commission and stated in Bozeman City-County Planning Office letter to the Owner dated September 2, 1992, and pertaining to Conditional Use Permit application No . Z-9289 to allow the use of the subject property for purposes of housing a youth group home; and WHEREAS, the City will not approve occupancy of the subject property for the intended purpose until said conditions are met; and WHEREAS , it is the intent and purpose of both the Owner 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 that property which is designated and identified as Lot 1, Block 7, Figgins Addition No . 4, City of Bozeman, Montana, and more commonly described as 3025 Westridge Drive . 2 . Improvements This Agreement specifically includes the installation of a privacy fence along the north property boundary as required by the Montana Department of Family Services, and a City-standard sidewalk along Westridge Drive . The estimated cost of said 1 improvements is attached and made a part of this Agreement, as "Exhibit A" . 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 Letter of Credit or Performance Bond undertaken and issued by a Corporate Surety acceptable to the City and authorized to conduct business in the State of Montana, payable to the assurance and use of 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 for the limited purpose of completing said improvements . Said Performance Bond or letter of credit 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 following early 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 Owner is in compliance with this Agreement, and the Owner shall not deny the City 's representatives access to the property for this limited purpose at any reasonable time in the normal business day. 5 . Default Time is of the essence of this Agreement . If the Owner shall default in 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 Bozeman Shelter Care, Inc . , 3025 Westridge Drive, Bozeman, MT 59715, or such other address as the Owner shall provide to the City from time to time, without being completely remedied, satisfied , and discharged, the City may elect to enforce any or all of the following specified remedies: 2 (A) The City may, at its option , declare the Letter of Credit or Performance Bond to be forfeited and to use its proceeds to procure completion of the improvements described herein . (B) The City may enforce any other remedy provided by law. 6 . Warranty The Owner shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. 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 . Att_orney's Fees and Costs That in the event it becomes necessary for either Party to this Agreement to retain an attorney or use in-house counsel to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party shall be entitled to reasonable attorney fees and costs, to include reasonable fees, costs, and salary of in-house counsel related to this action . 9 . Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto . 10 . 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 . 11 . No Assignment It is expressly agreed that the Owner will not assign this Agreement in whole, or in part , without the prior written consent of City, which said consent the City shall not unreasonably 3 withhold . 12 . Successors 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 . Bozeman Shelter Care Inc . By: Bruce Gerlach Title : President STATE OF : ss County of A C 1 ) ` \ On this c day of v�' '� 1992, before me, a Notary Publip for ;th State of y, ;��, �� , personally appeared I .��-e�l� � . known to me to be a General Partner of PMF, a Wyoming Partnership, the entity that executed the foregoing Improvements Agreement and acknowledged to me that he executed the same for and on behalf of said partnership . WITNESS WHEREOF, I have hereunto set my hand and affixed my t rial Seal the day and year first above written . Notary Public for State of '- !," i Residing at : Lr-- Commission Expire . THE CITY OF BOZEMAN Ids Phillip J Fo,drbes Director of Fublio Service STATE OF MONTANA ) : ss County of Gallatin ) On the tf` day of f kt)r'- 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 my seal on the day and year first written above . Nota ll Public or ate of Montana Res i i n g a t : ,7•e,LUtG c_ Commission Expires : /1 4