The URL can be used to link to this page

Home My WebLink About95- JC Billion Auto Body Shop IMPROVEMENTS AGREEMENT FOR J. C. BILLION AUTO BODY SHOP - 100 AUTO PLAZA DRIVE This AGREEMENT is made and entered into this —day of relllr44 , 1995, by and between Joseph and Susan Billion,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 15,064 sq. ft. commercial auto body shop 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: Three parcels of land consisting of 2.674 acres, being Lot 1, Lot 2 and Lot 3, Block 2, J. C. Billion Auto Plaza Subdivision P.U.D., located in the east one-half, southeast one-quarter , of the southeast one-quarter of Section 9, Township 2 South, Range 5 East, M.P.M., Gallatin County, Montana. 2. Improvements This Agreement specifically includes the installation of pavement, curb, gutter, sidewalk, landscape, irrigation system, site surface drainage, U.S. Highway No. 19]/North Cottonwood road sign, North. Cottonwood Road improvement, 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 and Landscape 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 said structure is to occur prior to installation of the required improvements, all on-site and off-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 for a period of not less than twelve (12) months. In any event, all required improvements, both on and off 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 the auto body shop structure. The road intersection sign shall be installed by the Developer at such time that improvements to U.S. Highway No. 10 have been completed should said road intersection sign not be installed with improvements to the Highway. 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 #1 Auto Plaza Dr. , Bozeman, MT,.or such other address as the Developer shall provide to the City from time to time, without being completely rcmedied, 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 2 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. AttorneFees 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. Warranjy The Developer shall warrant that these improvements are made in a good and workman- like manner for a period of one (1) 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 19.50.100(H) of the Bozeman Area Zoning Code. S. 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 unenforecability 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. 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. 3 DEVELOPER t pp Ac `Jose h Billion q/ Susan Billion STATE OF MONTANA ) :ss County of Gallatin } On this '_day of FEbRu ARY , 1995,before me, a Notary Public for the State of Montana, personally appeared Joseph and Susan Billion,known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Not Pu lic the e of Montana Residing: t3o�s,nr�►.1 Commission Expires: (Notarial Seal) THE CITY OF BOZEMAN Phillip J. For s Director of Public Service STATE OF MONTANA ) :ss County of Gallatin ) On thaz_--1 day of 1995,before me, a Notary Public for the State of Montana, personally appeared Phillip J. orbes,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 on the day and ye first written abovc. " Notary Public for the State of Montana Residing: Bozeman, Montana Commission expires: (Notarial Seal) 4 EXHIBIT "A' ESTIMATED COST FOR IMPROVMENTS DATE: February 17, 1995 (Revised February 24, 19951 PROJECT: Billion Auto Body Shop, 100 Auto Plaza Drive DEVELOPER: Joseph and Susan Billion Item Sq. Ft./Ln. Ft. Estimated Cost Off-street Parking Lot Paving 38.000 sq. ft. $ 47,500.00 Sidewalks 1.900 sq.. ft. $ 23,750.00 Concrete Curbing 1.5001n. ft. $ 15,00.00 Landscape LS $ 22,000.00 Landscape Irrigation System LS $ 4,000.00 Garbage Enclosure LS $ 1,500.00 Exterior Lighting LS $ 6,000,00 North Cottonwood Road 690 In. ft. $ 34,500.00 Total = $ 154,250.00 x 1.5 = $ 231.375.00 Approved By City Engineer's Office: Date: