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HomeMy WebLinkAbout94- Town and Country Foods IMPROVEMENTS AGREEMENT FOR TOWN & COUNTRY FOODS, INC. THIS AGREEMENT is made and entered into this 16th day of March 1 1994, by and between Town & Country Foods, 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 of a Major Site Plan application allowing the remodeling and expansion of the existing Town & Country Foods store, with 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 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 approval of said Major Site Plan application. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Property Description on This Agreement pertains to, and includes those properties which are designated and identified as Lot 1 of the Amended Subdivision Plat recorded on April 24, 1990 in Book F of Plats on page 36 E all located in the NE 1/4 of Section 11 , T2S, R5E, 1 P.M.M. , City of Bozeman, Gallatin County, Montana, and is more commonly described as Town & Country Foods, 219 Korth 19th Avenue- 2- Improvements This Agreement specifically includes the installation of a paved parking lot and landscape improvements, 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% 3. Financial Guarantee, 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 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 this time. Said method of security shall be valid for a period of not less than twelve ( 12) months. In any event, all other required improvements on the site as delineated on Exhibit "A" , (Approved Final Site Plan) , Exhibit "B" , (Estimated Cost For Final Improvements) , and Exhibit "13-1" , Estimated Cost For Landscape Improvements) , which are attached and made a part of this Agreement, 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 2 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 thirty (30) days after written notice specifying the default is deposited in the United States mail addressed to the Developer at 219 North 19th Avenue, Bozeman, MT. 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. 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. 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, and insure that all required pedestrian sidewalks shall be maintained in safe walking 3 condition, and cleared of snow and debris at all times. 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 not 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 Agreement in whole, or in part, without prior written consent to City. 11. Successors Except as provided in paragraph 10, this Agreement shall be 4 binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. TOWN & COUNTRY FOODS, INC. l, inskiyuntry Foods, Inc. STATE OF MONTANA ) :ss County of Gallatin ) On this ' lo:tvl day of (YtU.�`ZC�L , 1994, before me, a Notary Public for the State of Montana, personally appeared Jerry Perlinski, known to me to be the President of Town & Country Foods, Inc. , the corporation described herein who executed the foregoing Improvements Agreement, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first written above. 0. Notary Public or S e of Montana Residing at:_L� a Commission Expires: G�—_ (SEAL) THE CITY OF BOZEMAN l r Z Z714�4�- Phillip J Fo es Director of Public Service STATE OF MONTANA } : se County of Gallatin ) On the day of 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 theLand year first written above. Notary Public f r State f Montana Residing at: Commission Expi es:_I -6 .A.�' (SEAL) 5