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HomeMy WebLinkAbout93- Kwikawy, Inc. IMPROVEMENTS AGREEMENT FOR KWIKWAY INC . THIS AGREEMENT is made and entered into this 2-3r4 day of 1993 , by and between KwikWay 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 of a Certificate of Appropriateness application allowing the addition of a canopy over existing fuel pumps , the installation of new signage, and to provide for site and landscaping improvements on the property in question; and WHEREAS , it is the intent of the Developer to obtain the required Building Permit( s ) ; 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 Certificate of Appropriateness approval of said site modifications. 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 1 which are designated and identified as Lots 22 , 23 , 24 , Block 119 , Northern Pacific Addition, Bozeman, Gallatin County, Montana, and more commonly known as 401 East Peach Street. 2 . Improvements This Agreement specifically includes the installation of sidewalk tree( s ) to meet City Standards , and other landscaping 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 the time of final inspection by the City. Said method of security shall be valid for a period of not less than twelve ( 12 ) months . In any event, all other required improvements on the site as delineated on Exhibit "A" , (Approved Certificate of Appropriateness 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. 2 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 P.O. Box 20799 , Billings , MT. 59104 , 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. 6 . Warranty 3 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 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. 4 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 . KWIKWAY INC . By: Charlean K ller, I President of KwikWay Inc . , Billings , MT STATE OF MONTANA ) yellol'v S•*ic: s s County of -a =-n ) S On this day of �U-"9e , 1993 , before me , a Notary Public for the State of Montana, personally appeared Charlean Keller, known to me to be the President of KwikWay Inc . in Billings , Montana, the company that executed the foregoing Improvements Agreement and acknowledged to me that she executed the same for and on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first written above . 'Deol-tary Public for State of Montana Residing at : B,//,,'n5S Commission Expires: ( SEAL ) THE CITY OF BOZEMAN ✓ r Phillip J Ferrbes Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the day off 1993 , before me , a Notary Public for the State of Mon na, 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 . Notary Public � or State of Montana Re S i d i ng at : CX�Z, ' f nu-'Y'-\ Commission Expires: ( SEAL ) 5