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Home My WebLink About93- Peter Bade 624 North Wallace Avenue IMPROVEMENTS _AGREEMENT FOR PETER BADE 624 NORTH WALLACE AVENGE THIS AGREEMENT is made and entered into this _L`� day of October , 1993 , by and between Peter Bade , 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 or the Deti'eloper to meet the conditions of approval of a Minor- Site Plan application to construct a 2 , 500 sq. ft . building intended for m-1 zoning; district uses 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 Cite to hereby enter into an Agreement c,,hich will guarantee the full and satisfactory; completion of the required improvements on the property hereinafter described ; and it is the intent of this Agreement , .rnd of the parties hereto , i.o satisfy the improvements guarantee requirements for the conditional 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 , Pr oper•ty Description 'Phis Agreement pertains to anti includes those properties i,hich are designated and identified as Lot 1 of C .O . S , ;:C-23-L in the Northern Pacific Addition, City of Bozeman, Gallatin County, Montana , and more commonly described as 621 North Wallace Avenue . 2 . Improvements This Agreement specifically includes the installation of parkins; lot , landscaping , access and other- improvements as illustrated on the plans and specifications hereto attached and made a part of this :1,_greement , as "Exhibit A" . The estimated cost of said improvements is attached and made a part of this Aggreement , as "Exhibit B" . 1 This Improvements Agreement also pertains to Cottonwood Street paving improvements , which includes paving from Wallace Avenue to OM \ the subject property east property line to a City Standard ( � width . Construction of curb 3 7J gutter, sidewalk, and storm draiiia� e facilities shall be required on the south side of Cottonwood Street only . 3 . Financial Guarantee , Time for Completion of Im1")rovements If' occupancy of any structure is to occur prior to the installation of all required on-site improvements , the Improvements Agreement 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 that time . Said method of security- 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 of occupancy in order to avoid default on the method of security. Prior to occupancy of the building , the applicant shall provide a satisfactory- one-rear financial guarantee for the paving, improvements to Cottonwood Street , as required in Section 2 above . Construction of the street improvements ( including curb, gutter and sidewalk ) shall be completed within one year of occupancy; but shall not be initiated until the Cottonwood Street water line replacement project has been completed by the Cite of Bozeman. 4 . Inspection Representatives of the City shall ha--e the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer are in compliance with this Ag-reement , and the Developers 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 2 after written notice specifying the default is deposited in the United States mail addressed to the Developer at P. 0 . Bo:: 1621 , Bozeman, MT 59771-1624 or such other address as the Developer shall provide to the City from time to time , without being completely remedied, satisfied , and discharged, the Cite 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 Ci.ty' s representative , contractors, and ena,ineers 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 clef ects 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 liming plant that complies with the approved landscape plan . 7 . Governip_v__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 . 3 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. 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 . ' 4 Peter Bad STATE OF MONTANA ) . ss County of Gallatin ) On this _-} day of October , 1993 , before me , a Notary Public for the State of Montana, personally appeared Peter Bade , known to me to be the person who executed the foregoing Improvements Agreement and acknowledged to me that he executed the same . IN WITLESS WHEREOF , I have hereunto set my hand and affixed my Notarial Seal the dad- and year first above written. Notary Public -lor State of Montana Residing at � C- Commission Expires :_ — THE CITY OF BOZEMAN Phillip J F bes 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 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 Citt . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my seal on the day and year first written above . ?votary Public 'oT• St� to of Montana Residi g at: Commission Expir s : 9 l "EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS PETER BADE 624 NORTH WALLACE .AVENUE ----------------------------------------------------------------------------------------- PROJECT : Z-9399 - Minor Site Plan application to construct a 2 , 500 sq. ft . building inteded for M-1 zoning district uses DEVELOPER: Peter Bade ---------------------------------------------------------------------------------------- ITEM _ SQ_FT ,1L:v ._FT . COST/UNIT — EST . COST Curb Gutter 125 ln. ft . S9 . 00/111. ft . S1 , 125 . 00 Road Paring 125 ln . ft . 3i 'width Gaston Eng . S3 , 655 . 00 Sidewalk 192 ln. ft . 5 ' width $1 . 90/sq . ft . $1 , 824 . 00 Parking Lot Paving 3310 sq . ft . $0 . 56/sq. ft . $1 , 854 . 00 Parking Lot Concrete 162 ln . ft . $3 . 10/ln. ft . S 551 . 00 Plantings per Site Plan $ 325 . 00 Landscaping , general 2565 sq . ft . S0 . 21/sq. ft . S 539 . 00 Bike rack ( 1 ) $130 . 00 $ 130 . 00 Disabled Parking Sign ( 1 ) $ 25 . 00 $ 25 . 00 TOTAL S10 , 028 . 00 x 1 . 5 $1 5042 . 00 Approved by: Date : Engineering Department