HomeMy WebLinkAbout92- Richard Embry and Burton Wastcoat IMPROVEMENTS AGREEMENT
FOR
RICHARD EMBRY & BURTON WASTCOAT
THIS AGREEMENT is made and entered into this day of
�1992 , by and between Richard Embry & Burton
Wastcoat , 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 Minor Site Plan application #2-9276
allowing construction of a 2 , 340 sq. ft . office building , 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
Agreement , and of the parties hereto , to satisfy the improvements
guarantee requirements for the Final Site Plan approval of said
Minor Site Plan.
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 Portion of E. parcel shown
on C of S 178 , located in Southwest 1/4 of Section 11 , Township 2
South, Range 5 East in the City of Bozeman, Montana, and more
commonly described as 2621 West College, Bozeman, Montana.
2 . Improvements
This Agreement specifically includes the installation of
landscaping, landscape irrigation systems , paving , parking lot
striping , curbing, sidewalks , stormwater detention/retention
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basin( s ) , fire water service line , fire suppression sprinkler
system as approved by the City Fire Marshal , 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 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
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
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 RCI Realty, 2621
West College , Bozeman, MT 59715 , or such other address as the
Developer shall provide to the City from time to time, without
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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
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.
S . 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.
T-D PART HIP
RICHARD EMBRY, tner
A At
By RTON WA , Partner
STATE OF MONTANA )
: ss
County of Gallatin )
On this Q� day of 92 , before me, a Notary
Public for the State of Monta a, pens ally appeared Richard Embry
& Burton Wastcoat , known to me to be partners of T-D Partnership,
the partnership that executed the foregoing Improvements Agreement
and acknowledged to me that he executed the same for and on behalf
of said partnership.
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 ntana
Residing at:
Commission Expires :
( SEAL )
THE CITY OF BOZEMAN
Phillip t. F rbes
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the c�W day of 1992 , before me, a Notary
Public for the State of Mon ana, 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.
t 171 �Vr,&&-�
otary Public f State of Oontana
Residing at :
Commission Expires
T
( SEAL )
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