HomeMy WebLinkAbout93- Sleep Inn Motel-817 Wheat Dr IMPROVEMENTS AGREEMENT
FOR
SLEEP INN MOTEL - 817 WHEAT DRIVE
This AGREEMENT is made and entered into this day of
1993 , by and between Kevin Christianson,
President , W.C .P. Incorporated, 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 Major Site Plan Review to construct
a 56-unit Sleep Inn Motel 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
related to 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 Major 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 #9 and Lot #11 of Wheat Commercial Subdivision, City of
Bozeman, located in the northeast one-quarter of Section 1 ,
Township 2 South, Range 5 East , M .P.M. , Gallatin County,
Montana.
2 . Improvements
This Agreement specifically includes the installation of
pavement , curb, sidewalk, landscape , irrigation system, site
surface drainage , improvement of Mandeville Lane to a twenty-four
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( 24 ) foot wide asphaltic paved County road standard, and all other
improvements as illustrated on the plans and specifications hereto
attached and made a part of this Agreement , as Exhibit "A" , Final
Site Plan. 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 Major Site Plan Review, set forth in
Zoning Application #Z-93149 , 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
If occupancy of said structure is to occur prior to
installation of the required improvements , all on-site improvements
and improvements to Mandeville Lane 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 . The financial guarantee for improvements
to Mandeville Lane shall be secured by a letter of credit ,
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, for
a period not less than twenty-four ( 24 ) months .
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
occupancy of said structure .
Improvement of Mandeville Lane to a twenty-four ( 24 ) foot wide
asphaltic paved County road standard shall be completed within
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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
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 fifteen ( 15 ) days
after written notice specifying the default is deposited in the
United States mails addressed to the Developer at 2796 5th Avenue
South, Fargo , North Dakota 58103 , 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 . Attorney Fees
In the event it becomes necessary for either party to enforce
any of the terms or conditions of this agreement through the use of
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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 .
DEVELOPER
evi Christians n, President
W.C .P. Incorporated
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STATE OF MONTANA )
: ss
County of Gallatin )
On this � day of &7Q C _ 1993 , before me , a
Notary Public for the State of Montana, personally appeared Kevin
Christianson, President , W. C .P. Incorporated, known to me to be the
person whose name is subscribed to the within instrument and
acknowledged to me that he 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 Publ1c for the tate
of Monta
Residing
Commission Ex s : (n-
(Notarial Seal )
THE CITY OF BOZEMAN
Phillip/J.— oibes
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the day of �e _/l�U , 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 City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
seal on the day and year first written above .
&'4X4X 474�
Notary Public for the State
of Mo ana
Residing : Bozeman, Montana
Commission expires :
( Notarial Seal )
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
-------------------------------------------------------------------------------------------------
DATE: December 21, 1993
PROJECT: 56-Unit Sleep Inn Motel - 817 Wheat Drive
DEVELOPER: Kevin Christianson for W.C.P. , Inc.
-------------------------------- -----------------------------------------------------------------
Itet- Sq .Ft . /Ln . Ft . Contractor Est , Cost
Paving:
Asphalt 28, 146 sq. ft. $ 28, 146 . 00
Concrete N/A
Sidewalks : 4, 400 sq. ft. $ 8 , 360 . 00
Curbing: 1, 402 ln. ft. $ 11 , 566 . 00
Landscape: see attached $ 7 , 200 . 00
Landscape Protection:
Garbage Enclosure : �I� $ 800 . 00
Exterior Lighting: (10) $ 5, 000 . 00
Irrigation System $ 3 , 000 . 00
Mandeville Lane $ 10, 000 . 00
Total
x 1 . 5 $ 111, 108 . 00
Approved By City Engineering Office : Date : !._a�j-(L3
LANDSCAPE ESTIMATE DETAIL
SPECIES QUANTITY COST TOTAL
QUAKING ASPEN 15 $ 59 . 00 EA. $ 885 . 00
LITTLELEAF LINDEN 19 $ 49 . 00 EA. $ 931 . 00
SNOWDRIFT CRAB 2 $145 . 00 EA. $ 290 . 00
TECHNY ARBORVITAE 37 $ 39 . 00 EA. $1443 . 00
TAM JUNIPER 129 $ 16 . 00 EA. $2064 . 00
BLACK HILLS SPRUCE 4 $155 . 00 EA . $ 620 . 00
COMPACT AMER. CRANBERRY 4 $ 12 . 50 EA . $ 50 . 00
JACKMAN POTENTILLA 46 $ 9 . 50 EA . $ 437 . 00
GENERAL LANDSCAPING 16 , 574 sq . ft . $ 0 . 21/sq . ft . $ 480 . 00
( typically includes irrigation system. Applicant has estimated
irrigation at $3 , 000 )
TOTAL LANDSCAPE $7200 . 00