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HomeMy WebLinkAbout94- City Center Motel IMPROVEMENTS AGREEMENT FOR CITY CENTER MOTEL - 507 WEST MAIN STREET This AGREEMENT is made and entered into this 06 1L,4- day of 1994 , by and between George Hubbard, G. M. Hubbard, Inc. , for City Center Motel, 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 Sketch Plan Review and Certificate of Appropriateness to add additional units to motel, expand the main lobby, and modify the exterior treatment of the building 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: Lots 1 - 9 , and west 1 1/2 feet of Lot 10, Lots 33 -37 , west 26 feet of Lot 38, and Lots 40-46, Block 2 , Tracy' s Addition to City of Bozeman, Gallatin County, Montana. 2 . Improvements This Agreement specifically includes the installation of pavement, curb, landscape, irrigation system, site surface 1 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 Exhibit "B" . 3 . Financial Guarantee Time for Completion of Improvements If occupancy of any one (1) of the additional six (6) motel units 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 deposited in the United States mails addressed to the Developer at 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 2 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. 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 3 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 George Hubbard for G. M. Hubbard, Inc. dba Valley Center Motel STATE OF MONTANA ) : ss County of Gallatin ) On this day of _ f 1994 , before me, a Notary Public for the State of Montana, personally appeared George Hubbard for G. M. Hubbard, Inc. , dba City Center Motel, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same ,.\, ��� ��a� ' � C. w�1 . ���a� � , IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the S ate of Montana Residing: c ti Commission Expires : ( ,--- (Notarial 1- Seal) THE CITY OF BOZEMAN Phillip J. IFo es Director of Public Service STATE OF MONTANA ) : ss County of Gallatin } �ON On thez.1-d day of . -F 1994 , before me, a Notary 4 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 se "�' on the day and year first written above. otary Public for the State of Montana Residing: Bozeman, Montane. Commission expires : '13 (Notarial Seal) 5