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Home My WebLink About94- 428 North Broadway Ave, Joe Polus IMPROVEMENTS AGREEMENT FOR 428 NORTH BROADWAY AVENUE JOE POLUS MINOR SITE PLAN THIS AGREEMENT is made and entered into this _ day of 1994 , by and between Joe PollrS , 5039 Lore Lane , Bozeman, MT 59715 , hereinafter called the "Developer" , and the City of Bozeman , a Municipal Corporation of the State of Montana, hereinafter called the "Cite" . WHEREAS , it is the intent and purpose of the Developer to meet t_he conditions of approval of a Minor Site Plan application to construct a 2 , 268 sq . ft . single store addition to an existing warehouse building at 428 North Broadway Avenue ; and WHEREAS , it is the intent of the Developer to obtain Final Site Plan approval ; 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 conditional approval of said Minor Site Pan . NOW , THEREFORE , in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows : 1 . Property I)escr•iption This Agreement pertains to and includes those properties which are designated and identified as Lot 2 of the Amended Subdivision Plat, of Block 49 , Northern Pacific Addition to the City of Bozeman, Gallatin County , Montana , and more commonly known as 428 North Broadway Avenue . 2 . Im_rLrovements This Agreement. specificalLy includes landscaping , paving 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" . 1 3 . Financial Guarantee , Time for Completion of Improvements If occupancy of the addition is to occur prior to the installation of all required on-site improvements , the Improvements Agreement 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 . Said method of security shall be valid for- a period of not less than twelve ( 12 ) months . In any event , all required improvements 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 the property at any reasonable time in order to inspect it and to determine if the Developers are in compliance with this Agreement , and the Developers 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, wri.tt.en notice specifying the default is deposited in the United States mail addressed to the developer at 5039 Love Lane , 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 Cite 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 Developers shall permit and secure any additional permission required to enable them to do SO . BI 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. 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 . Governi_nizZ _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 . 3 11 . 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 . 7oeolus STATE OF MONTANA ) : ss County of Gallatin/ ) On this c> day of I �C1-y 1994 , before me , a Notary Public for the State of Montana) personally appeared Joe Polus , known to me to be the person who executed the foregoing Improvements Agreement. , and acknowledged to me that he e��ecuted the same . IN WITNESS WHEREOF, I have hereunto set my hand and affix:ed my Notarial Seal the day and year, first above written . -� C ;votary Public fo State of Montana Residing at. Bozem, Commission Expires : THE CITE' OF BOZEMAN i Phillip J F rbes Director of Public Service STATE OF MONTANA l : ss County of Gallatin ) On the o me , 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 / n t✓Vay and year first written above . Notary Public f01, State of Montana Residing at. Bozeman _ Commission Expires : _ Cs�`/� J✓�— 4 "EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS JOE POLUS BUILDING ADDITION 428 NORTH BROADWAY AVENUE ----------------------------------------------------------------------------------------- PROJECT: Z-9442 - Minor Site Plan application to construct a 2 , 268 sq. ft . addition DEVELOPER: .Joe Polus ----------------------------------------------------------------------------------------- ITEM SQ. FT . /LN . FT . COST/UNIT EST . COST Asphalt paving 11 , 680 sq . ft . $ 1 . 00/sq. ft . $11 , 680 . 00 Sidewalk in access 125 sq. ft. $ 1 . 90/sq. ft . $ 237 . 50 Landscaping : American Linden 1 $ 65 . 00 ea. $ 65 . 00 Upright Juniper 7 $ 66 . 00 ea . $ 462 . 00 General landscaping ( Grading , sod, irrigation ) 1 , 366 sq. ft . $ 0 . 21 ea . $ 287 . 00 6" Concrete Curb 202 ln. ft . $ 8 . 25/ln . ft . $ 1 , 666 . 50 6" Concrete Drive approach 137 . 5 sq . ft . $ 3 . 00/sq . ft . $ 412 . 50 TOTAL ESTIMATED COST : $14 , 810 . 50 s 1 . 5 = $22 , 215 . 75