HomeMy WebLinkAbout93- Thompson Properties- 2107 North Seventh Ave. IMPROVEMENTS AGREEMENT
FOR
THOMPSON PROPERTIES - 2107 NORTH SEVENTH AVENUE
This AGREEMENT is made and entered into this day of
1993 , by and between William Thompson,
representing Thompson Properties , 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 Final Site Plan Review for a
conditional use permit to modify an existing building for retail
use on the property in question;
WHEREAS , it is the intent and purpose of the Developer to
obtain Final Site Plan Approval ;
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 Review.
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 a being :
Lot 1 , Gordon Mandeville State School Section
Subdivision, located in the Southeast One-Quarter of
Section 36 , Township 1 South, Range 5 East , M.P.M. ,
Gallatin County, Montana.
2 . Improvements
This Agreement specifically includes the installation of
pavement , curb, sidewalk, landscape, site surface drainage,
improvement of Mandeville Lane and other improvements as
1
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" .
If the paving improvements to Mandeville Lane are made by the
developer at the developer' s expense (not otherwise reimbursed)
pursuant to conditions of Conditional Use Permit in zoning
Application #Z-9326 , the developer shall be given credit for half
of the cost of said improvements in any Special Improvements
District for additional Mandeville Lane improvements if said
Special Improvements District is created within five ( 5 ) years of
this agreement .
3 . Financial Guarantee , Time for Completion of Improvements
Because occupancy of said structure has occurred prior to
installation of the required improvements , all on-site improvements
and improvements to Mandeville Lane must be secured by the
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 . The financial guarantee
for improvements to Mandeville Lane shall be secured by a
certificate of deposit in the name of the City of Bozeman and the
applicant , or a security of equal protection approved by the City
Attorney, equal to one and one-half ( 1 1/2 ) times the amount of the
estimated cost of the scheduled improvements not yet installed.
In any event , all required improvements on the site as
delineated on Exhibit "A" , which is attached and made a part of
this Agreement , shall be completed within nine ( 9 ) months of Final
Site Plan approval by the Planning Director.
Improvement of Mandeville Lane to a twenty-four ( 24 ) foot wide
asphaltic paved County road standard shall be completed within
eighteen ( 18 ) months of Final Site Plan approval by the Planning
Director.
4 . Inspection
Representatives of the City shall have the right to enter upon
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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 ( 5 ) days after
written notice specifying the default is deposited in the United
States mails addressed to the Developer at
(03n W • Nt(,�n �'1ri���ruF�, Bozeman, Montana 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) In the event it becomes necessary for either party to
enforce any of the terms or conditions of this agreement
through the use of an attorney, then the prevailing party
shall be entitled to reasonable attorney' s fees and costs,
including fees, salary, and costs of in-house counsel to
include City Attorney.
C ) The City may enforce any other remedy provided by law.
6 . Attorney Fees
In the event it becomes necessary for either party to enforce
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any of the terms or conditions of this agreement through the use of
an attorney, then the prevailing party shall be entitled to
reasonable attorney' s fees and costs , including fees, salary, and
costs of in-house counsel to include City Attorney.
7 . Warranty
The Developer shall warrant that these improvements are made
in a good and workman-like manner for a period of one year from the
date of their written acceptance by the governing body. All
landscaped areas required by this Agreement shall be permanently
maintained by the Developer pursuant to section 18 . 50 . 100(H ) of the
Bozeman Area Zoning Code .
8 . Governing Law
This Agreement shall be construed according to the laws of the
State of Montana.
9 . Modification or Alterations
No modifications or amendment of this Agreement shall 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 Developer shall not assign
this Agreement in whole , or in part, without prior written consent
to City.
12 . 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 .
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DEVELOPER
William Thompson
Thompson Properties
STATE OF MONTANA )
: ss
County of Gallatin )
On this /_3 day of ,�Q� 1993 , before me , a
Notary Public for the State of Montana, personally appeared William
Thompson, known to me to be the person whose name is subscribed to
the within instrument and acknowledged to me that they executed the
same .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year first above written.
01
Notary Public for the State
of Montane
Residing : c?vv�c�
Commission Expires :
(Notarial Seal )
THE CITY OF BOZEMAN
Phillip J . rbes
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the �� day of , 1993 , 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 .
6�jl� I-A- �L/4�
Nota Public or th State
of M tana
Residing: Bozeman, Montana L
Commission expires: lrj �1
(Notarial Seal )
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
-------------------------------------------------------------------------------------------------
DATE: July 7 , 1993
PROJECT: K.B.M.N. Retail Use/C.U. P. - 2107 North 7th Avenue
DEVELOPER: William B. Thompson
-------------------------------- -----------------------------------------------------------------
Item Sq .Ft . /Ln . Ft . Contractor Est , Cost
Paving:
Asphalt 9, 480 sq. ft. $ 9 , 480 . 00
Concrete N/A
Sidewalks : 885 sq. ft. $ 1 , 681. 50
Curbing: 381 ln. ft. $ 3 , 143 . 25
Landscape: $ 8 , 000 . 00
Landscape Protection :
Garbage Enclosure : (1) $ 800 . 00
Exterior Lighting: (2) $ 2 , 000 . 00
Water Improvements : N/A
Sewer Improvements : N/A
Street Improvements : Mandeville Lane 440 ln. ft. @ $25. 00/ln. ft. $ 11 , 000 . 00
t
Total $ 36 , 104 . 75
a
x 1 . 5 = $ 54 , 157 . 13
Approved By City Engineering Office : Date :