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IMPROVEMENTS AGREEMENT
FOR
PIERCE FLOORING — 1921 WEST MAIN STREET
This AGREEMENT is made and entered into this ��.� day of
Jra LY 1994 , by and between Jon Moullet for Pierce
Bozeman Partners , 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 Major Site Plan Review to construct
a 14 , 954 sq. ft . retail/warehouse floor covering 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 :
Lot #5 of the rearrangement of Lot 4t8 , West Park Manor , First
Addition , City of Bozeman , Gallatin County , 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
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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 deposited in the
United States mails addressed to the Developer at
'fo +�cy '�y , 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
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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 .
f . 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 CiLy Attorney .
7 . WarrantN,
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
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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
�5 + —
n Moullet
Pierce Bozeman Partners
STATE OF MONTANA )
: ss
County of Gallatin )
On this i�_ day of ,7U1,1,E 1994 , before me , a
Notary Public for the State of Montana, personally appeared Jon
Moullet for Pierce Bozeman Partners , 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 .
1� L
-et "-C c C- Z
Notary Public for the 8tate
of Montana
Residing : 10,141
Commission Expires : AG-,17
( Notarial Seal )
THE CITY OF BOZEMAN
Phillip J F bes
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the Z day of , 1994 , before me , a Notary
Public for the State of Mo, ana personally appeared Phillip J .
Forbes , known to me to be ,tie 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 jgiITNESS WHEREOF, I have hereunto set my hand and affixed my
seal o X
the day d year first written above .
'o ary Public for the State
of Montana
Residing : Bozeman, Montana
Commission expires : 10 '/sss
( Notarial Seal )
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