HomeMy WebLinkAbout94- Big Sky RV Inc. IMPROVEMENTS AGREEMENT
FOR
BIG SKY R.V. , INC. - 8466 HUFFINE LANE
This AGREEMENT is made and entered into this -t) day of
1994 , by and between Wayne C. Fredrickson for
Big Sky R.V. , Inc . , 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 for a Certificate of
Appropriateness and Major Site Plan Review to allow the expansion
of an existing recreation vehicle sales business for up to one
hundred (100) recreation vehicles and construction of a 6 , 160 sq.
ft . office building and maintenance shop 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 Certificate of Appropriateness and
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 :
Tract C-2 of Certificate of Survey No . 4C, located in
the northeast one-quarter of Section 17 , Township 2
South, Range 5 East, M. P .M. , Gallatin County, Montana,
and 11 . 078 acres in size .
2 . Improvements
This Agreement specifically includes the installation of
pavement, off-street parking and striping, curb, sidewalk,
landscape, berms, landscape irrigation system, site surface
drainage, refuse storage area screening, exterior display area
lighting 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" .
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 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 .
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 .
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
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deposited in the United Statesmails addressed to the Developer �
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 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.
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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 .
DEVEL
f�
ne C. Fredrickso nn for
Big Sky R.V. , Inc .
STATE OF MONTANA )
: ss
County of Gallatin )
On this �day ofDrv.1C�n, 1994, before me, a
Notary Public for the State of Montana, personally appeared Wayne
C . Fredrickson for Big Sky R.V. , Inc . , 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 Public fo the State
of Montana
Residing :
Commission Expires : C— k � -q(„
(No tar i al Seal)
4
THE CITY OF BOZEMAN
• i
Phillip J . Fo es
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the /0 r day of *A*91l 1995 , 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 .
Q(:!4� YLa--4;�L
No ary Public' fok the State
of Montana
Residing : Bozeman, Kontana
commission expires : ) 9,74
(Notarial Seal)
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
--------------------------------------------------------------------------------------------------
DATE : September 27, 1994
PROJECT : Big Sky R. V. - 8466 Huffine Lane
DEVELOPER: Wayne C. Fredrickson for Big Sky R.V. , Inc.
Iteiri, Sq ,Ft . /Ln . Ft . Contractor Est , Cost
Paving :
Asphalt 21 , 732 sq. ft. $ 33 , 956 . 25
Concrete
Sidewalks : 350 sq. ft. $ 875 . 00
Curbing : 446 ln. ft. $ 4 , 460 . 00
Landscape : As per Final Site Plan (Landscape, berms, grass, irrigation) $ 13 , 112. 00
Landscape Protection : 8 Concrete Pin-down Wheel Stops $ 200. 00
Garbage Enclosure : (1) $ 1 , 000 . 00
Exterior Lighting : (5) $ 1, 250 . 00
Water Improvements : /
Sewer Improvements :
Street Improvements :
Total $ 54 , 853. 25
x 1. 5 $ 82, 279 . 88
Approved By City Engineering Office : - EL-�� Foe �CC��yj¢,2.�,,1�� Date