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Home My WebLink About93- 539 East Main Street ?.l J. =000L f',TT`. 113C EEC- r 7 qZ IMPROVEMENTS AGREEMENT FOR 539 EAST MAIN STREET This AGREEMENT is made and entered into this 1�L day of 1993 , by and between Harvey J . She in, for S & B Limited Partnership, 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 Minor Site Plan Review approval to convert an existing Warehouse building to 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 : Tracts of land being described as Lots 3 , 4 , and 5 of Block E, Rouse' s Addition to the City of Bozeman, Gallatin County, Montana. 2. Improvements This Agreement specifically includes the installation of pavement, curb, gutter, sidewalk, landscape, site surface drainage , alley improvements and other improvements as illustrated on the plans and specifications hereto attached and made a part of this Agreement, as Exhibit "A" , being Final Site Plan approval by the Planning Director. The estimated cost of said improvements is 1 SEP i4 '93 10; 10 J.W. �'AE'OL-ATTY406 597 9752 P.6 attached and made a part of this Agreement , as Exhibit "B" . 3 Financial Guarantee, Time for Completion of Improvements If occupancy of any structure is to occur prior to installs t on of the improvements, it must be secured by the financial g arantee , 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 e timated cost of the installation of any required improvements not completed at that time . 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 S ' te Flan approval by the Planning Director, 4 . Inlaw oti.on 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 five ( 5 ) days a4er written notice specifying the default is deposited in the United States mails addressed to the Developer at a�Llv ' La' Sa If� SA L or such other adi ress 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 2 SEP 14 '93- 10: 10 J.W. SHEOL-WTY406 587 975E P ' I 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 that these improvements are made in a good and workman-like manner for a period of one year from the da a of their written acceptance by the governing body. All landscaped areas required by this Agreement shall be permanently ma Lntained by the Developer pursuant to section 18 . 50 , 100(H) of the Bozeman Area Zoning Code . 7 . Governing Law This Agreement shall be construed according to the laws of the St to of Montana. 8 . Modification or Alterations No modifications or amendment of this Agreement shall valid, un ess evidenced by a writing signed by the parties hereto . 9 . Invalid Provision The invalidity or uneaforceabil.ity of any provision of this Ag eement shall not affect the other provisions hereof , and this Ag eement shall be construed in all respects as if such invalid or un nforceable provision were omitted. 10 No Assignment It is expressly agreed that the Developer shall not assign th' s Agreement in whole, or in part, without prior written consent 11 Successors Except as provided in paragraph 10 , this Agreement shall be bi ding upon, enure to the benefit of, and be enforceable by the pa ties hereto and their respective heirs, successors and assigns . 3 I S&B LIMITED PARTNERSHIP BY: 539 EAST MAIN CORPORATION Its Gelieral Partner j Har ey J,— ein / It-8 President STATE OF ILLINOIS ) . ss County of Cook ) On this lL1�µday of � "'°_ 1993 , before me , a Not ry Public for the State of Illinois, personally appeared Harvey J. hein, 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. No ry Public for the State of Illinois Residing, 2900 S. Downjng,L WLsLchester, IL Co ission Expires : 4/18/94 (Notarial Seal ) "Offlaa SEAL" Fknm NokgPa65 51*ofllm. THE CITY OF BOZEMAN *Comw Wion Evim 4118/94[--------------00 AAAAAAA1 /,/// Phillip X. 4or8es 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 ozeman, whose name is subscribed to the within instrument and ac owledged to me that he executed the same for and on behalf of sai City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above . Not r Public for t e State of o tana Residing: Bozeman, Mo-ttana Co ission expires : (Notarial Seal ) , I 1 A 1 "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------- DATE : August 4, 1993 PROJECT: 539 East Main Street - Convert Warehouse to Commercial Retail Building DEVELOPER: Harvey Shein -------------------------------- ----------------------------------------------------------------- Item - Sq ,Ft , /Ln . Ft . Contractor Est , Cost Paving : Asphalt 6 , 750 sq. ft. $ 6 , 750. 00 Sidewalks : 180 sq. ft. $ 1, 485. 00 Curbing : 100 ln. ft. $ 190 . 00 Landscape : 1, 000 ln. ft. $ 2, 160 . 00 Landscape Protection : 14 wheelstops $ 350 . 00 Garbage Enclosure : (1) $ 800 . 00 Exterior Lighting : N/A N/A Water Improvements : Landscape Irrigation $ 1, 500. 00 Sewer Improvements : Improvements : Total $ 13 , 235. 00 x 1 . 5 $ 19, 852. 50 Approved By City Engineering Office : L � Date : �