HomeMy WebLinkAbout94- Bridger Professional Center 517 South 22nd Avenue IMPROVEMENTS AGREEMENT FOR
BRIDGER PROFESSIONAL CENTER
517 SOUTH 22ND AVENUE
THIS AGREEMENT is made and entered into this _2.5 day of
1994 , by and between Fen LeClair , 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 Major Site Plan application to
develop two commercial buildings with a total of 9 , 830 sq . ft . with
condominiumized suites 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 conditional approval of said Major
Site Plan.
NOW , THEREFORE, in consideration of the mutual covenants and
conditions contained herein, it is hereby agreed as follows :
1 . Property- Descriptiori
This Agreement pertains to and includes those properties which
are designated and identified as Lot 3 , Block 2 , University Square
Subdivision, City of Bozeman, Gallatin County , Montana, and more
commonly known as 517 South 22nd Avenue .
2 . Improvements
This Agreement specifically includes the installation of
parking Lot , landscaping , sidewalks , 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" .
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3 . Financial Guarantee , Time for Completion of Improvements
If occupancy of the project 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 .
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 are in compliance with this Agreement ,
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
after written notice specifying the default is deposited in the
United States mail addressed to the Developer at 2421 Highland
Boulevard , Bozeman, MT 59771 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 .
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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 Cite 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 .
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 riot 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 Areement in whole , or in part, without prior written consent
to City .
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1l . 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 , suc•ce •s and assigns .
en LeClair ------.- -� Y
STATE OF MONTANA )
: ss
County of Gallatin )
On this day of � _ 1994 , before me , a Notary
Public for the State of Montana, personally appeared Ken LeClair,
known to me to be the person who executed the foregoing
Improvements Agreement , and acknowledged to me that tie executed the
same .
IN WITNESS WHEREOF , I have hereunto set my hand and affixed my
Notarial Seal the day and year first above written .
-
Notary Public for State f Montana
Residing at Bozeman
Commission Expires :_ t, -Q.\ -I�kq —
THE CITY OF BOZEMAN
Phillip J rbes
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the oWTH day of y 1994 , 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 City .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
seal on the day and (year first written above .
Notary Public Late of Montana
Residing at Bozeman
Commission Expires: 4.
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