HomeMy WebLinkAbout94- Farr Automotive IMPROVEMENTS AGREEMENT
FOR
FARR AUTOMOTIVE - 707 NORTH 5TH AVENUE
This AGREEMENT is made and entered into this 2�1 day of
1994 , by and between Francis Farr, 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 conditional use permit application,
Zoning Application No . Z-93180 , to construct a 6 , 238 sq. ft.
automobile repair facility 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 conditional use permit application.
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:
A 0 . 7-acre parcel of land being Lot 18 and the north 40 feet
of Lot 17 , Block 1 , North 7th Addition, City of Bozeman,
Montana.
2 . Improvements
This Agreement specifically includes the installation of
pavement , curb, sidewalk, landscape, irrigation system, site
surface drainage , 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
1
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 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 , for a period not
less than twelve ( 12 ) 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 .
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
Fes • yX ��� , Bozeman, Montana, 59715 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.
2
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.
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.
3
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
Francis Farr
STATE OF MONTANA )
: ss
County of Gallatin )
On this I day of , 1994 , before me, a
Notary Public for the State of Mont n , personally appeared Francis
Farr, known to me to be the person w ose 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 fort he State
of Montana
Residing: U'\
Commission Expires: (e
(Notarial Seal )
THE CITY OF BOZEMAN
Philli J . , orbes
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the day of , 1994 , before me , a Notary
Public for the State of nta a, personally appeared Phillip J.
Forbes, known to me to be he 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 yheay and year first written above.
"441
Notary Public for the State
of Montana
Residing : Bozeman, Montana.,
Commission expires: l•'��
(Notarial Seal )
4
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL IMPROVEMENTS DISTRICTS
FOR PAVEMENT CURB GUTTER SIDEWALK AND DRAINAGE
TO NORTH FIFTH AVENUE
I , the undersigned owner of real property situated in the
County of Gallatin, State of Montana, and more particularly
described as follows :
A 0 . 7-acre parcel of land being Lot 18 and the north 40
feet of Lot 17 , Block 1 , North 7th Addition, City of
Bozeman, Gallatin County, Montana.
IN CONSIDERATION, of receiving Final Site Plan approval
of a Conditional Use Permit application to construct a 6 , 238 sq.
ft . automobile repair facility in the City of Bozeman, along with
the accompanying rights and privileges and for other valuable
consideration, the receipt of which is hereby acknowledged, and in
recognition of the impact to North Fifth Avenue which will be
caused by the development of the above-described property, have
waived and do hereby for myself , my heirs, executors,
administrators, personal representatives, successors and assigns,
waive the right to protest the creation of one or more special
improvement districts for curb, gutter, sidewalk, pavement, and
drainage to North Fifth Avenue to one-half local City street
standards or to make any written protest against the size or area
or creation of the district to be assessed in response to a duly
passed resolution of intention to create one or more special
improvement districts which would include the above-described
property.
This waiver shall be a covenant running with the land and
shall not expire at my death, provided however this waiver shall
apply only to the lands herein described.
The terms, covenants and provisions of the Waiver shall
extend to , and be binding upon the heirs , executors,
administrators , personal representatives , successors and assigns of
the parties hereto .
1
DATED this Z(o day of 1994 .
DEVELOPER
Francis Farr
Farr Automotive
STATE OF MONTANA )
: ss
COUNTY OF GALLATIN_)
tik
On this Z l day of , 1994 , before me, a Notary
Pubic for the State of Montana, pei nally appeared Francis Farr
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 official seal the day and year first above written.
�JLe.�CI 0 ck C�-
Notary Public for the State of
Montana.
Residing: z
Commission Expires:
(Notarial Seal )
2