HomeMy WebLinkAbout94- McCloy Office Duplex Structure IMPROVEMENTS AGREEMENT
FOR
McCLOY OFFICE/DL'PL,F.X STRUCTURE
THIS AGREEMENT is made and entered into this e2h4/_ day of
1994 , by and between Daniel R . McCloy ,
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 appro-val of Minor Site flan application ;;Z-93112
allowing tare construction of a 3616 Sq. Ft , combination office and
two apartment dupleX with attached garage , related parking , and
site improvements on the property in question; and
WHEREAS , it is the intent of the Developer to obtain the
required Building, Permit ( s ) ; and
WHEREAS , it is the intent and purpose of both the Developer
and the City to he-reby 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 approval of said ?Minor Site Plan
appl i cat _ion .
NOW, THEREFORE, in consideration of the mutual covenants and
conditions contained herein , it is hereby agreed as follows :
1 . Prouerty Description
This agreement pertains to , and includes those properties
which are designated and identified as Lot 1 , Block 12 , :Annie
SuhdivisLor1 , Bozeman , Montana , and more commonly known as 704 ?north
22nd .
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2 . I row ements
This agreement specifically- .includes the installation of a
pared parking lot , curbing' , and landscape improvements , and other
improvements as illustrated on the plans and specifications hereto
attached and mwle a part of this Agreement , as "E-:hibit A" . The
estimated cost of said improvements is attached and made a part of
this Agreement , as "E�.hibit B" .
3 . Financial Guarantees_ Time for Completion of Improvements
If the use of the structure is to occur prior to the
installation of the improvements , the improvements must be secured
b\ a financial guarantee , as may be deemed accept Bible by the City ,
payahle to the City of Bozeman , in an amourit equal to one and one-
half t.i.mes the estimated cost of the installation of any required
improvements not completed at this time . Said method of security
shall be valid for, a period of not less than twelve ( 12 ) months .
In any event , all other re(_lirired improvements on the site as
del ineatod on E�,.hibi t "A" , ( Final Si to P1 aril , Exhibit "B" ,
( Fstimrated Cost. For Firial Improvements ) , and Exhibit "B-1
( Fstimated Cost For Landscape Improvements ? , which are attached and
m:=tde a part of this Agreement , shall he completed r. ithin nine ( J )
months of occupancy in order to avoid default on the method of
security .
-1 . 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 tliis :17reament ,
and the Developer shall permit the Cat% :and its representatives to
Piiter >>pon and inspect the property ,;it any reasonable t ime .
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5 . Default
Time is of the essence of this :Agreement . If the Developer
shall default- iii or fail to full- perform any of its obligations in
conformance with the time schedule lender this :agreement , and such
default or failure shall continue for it period of thirty ( 30 ) days
after written notice speci fyinQ the default is deposited in the
t;nited States mall addressed to the Developer at -1958 Annette Park
Drive , Bozeman , SIT . 59715 , or such other- address as the Developer
shall provide to the Cite from time to Lime , without be in
(-om1)1eteIy remedied , :;atisfiF,d , and discharged , the City may elect
to enforce any of the following specified remedies :
A } The City mad , at, its opt ion , dec:Iare t he financial
gu;Irarttee to he forfeited anri secure the complete
construct ion ante itispectioIi of the i nil,ro%,e ate Iits described
here Ln.
l . 'File Cit Y , s represent at ive , contractors , and
engineer-, shall have the right to ertt e r upon the
property- and perform such work and inspection , and
the Developer shall hermit and secure any
additional permission required to enable t heni to do
B 1 The Cit. - may enforce any other remedy provided by law .
6 . Warranty
The Developer shal1 warrant against defects in these
improvements for- a period of one year from the date of their
written acceptaner, by the Governing Body , and insure that all
required pedostrian sidewalks or pathways shall be maintained in
safe walling condition , and cleared of -,now :tnd debris at all
t imes . Any required landscaping must be maintained in a healthy ,
growing condition at all times . An\I plrint that clies must, be
rope acrid with another living plant that complies with the approved
landscape hl art .
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T . 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 writino 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 shal l be construed in all respects as if such inval id or
unenforceable provision were omitted .
10 . tic, Assinment.
Tt is expressly agreed that the Developer shall not assign
this Agreement in whole , or in pert , without prior written consent
to City .
11 . Successors
F.xCept as provided in paragraph 10 , this Agreement shall be
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bindiricy upon , enu.rre to the benefit. of , and be enforce.ible by the
parties hereto and their- respective heirs , successors and assigns .
UEVELOPER
Daniel R. :IcCloy
STATE OF MONTa\a )
SS
County of Gallatin )
On this j_*' dad- of �7 � 199 1 , before me , a Notary
Public for, the State of Montana , personally appeared Daniel R.
�fcClov , known to me to he the person described herein who executed
the foregoing Improvements agreement and acknowledged to me that he
executed the same• .
IN wTTNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the da}- and year first written above .
)e ,
:=i� '} Pub. c r• State-' of Montana
i.dingrlrission F,xt� ir `(�''`jj -
( Sl;ai. )
THE CITY OF BOZEMA
P1ii11i.p . --c,rbes - -.._._. -__--•—_
Director of Public Service
STATE OF MOtiTANA )
: ss
Count- of Gallatin )
On the 4th__ dad- of February___ _ _, t99 1 , 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
he fore7oing instrument as Director of Public Service of the City
of' Bozeman , whose name is subscribed to the �, ithi.ri instrument and
,rcknowledgc:d to me that he e�cecuted tht, same for and on behalf of
said ("it.v .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
yea] on the day and year first written above .
.Not,.r-- Public for. State of Montana
Re�;idin� at : Bozeman
Commission Expires : June 11, 1996
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