HomeMy WebLinkAbout95- Lucky Lil's Casino IMPROVEMENTS AGREEMENT
FOR
LUCKY LIL'S CASINO-2401 WEST MAIN STREET
This AGREEMENT is made and entered into this 30 _day of "(e"- ,
1995, by and between Thomas P. Kenneally, Vice-President, Town Pump 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 for a Conditional Use Permit application to allow the construction of a 2,848 sq. ft.
casino serving alcoholic beverages and on-site improvements 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 Conditional Use Permit application.
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:
A tract of land described as being 1.562 acres and identified as Tract lA of
Certificate of Survey No. 1364 located in the northwest one-quarter, southeast
one-quarter, Section 11, T2S, R5E, M.P.M., Gallatin County, Montana.
2. Improvements
This Agreement specifically includes the installation of pavement,off-street parking and
striping, curb, sidewalk,landscape, landscape irrigation system, site surface drainage,refuse
storage area screening, exterior lighting 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 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.
Said method of security shall be valid for a period of not less than twelve (12) months.
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 mail addressed to the Developer at
600 South Main, Butte, Montana 59701, 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. 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.
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6. Attorney Fees
In the event it becomes necessary for either parry 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 18.50.100(H) of the Bozeman Area Zoning
Code.
This Agreement further guarantees the installation and maintenance of a trash and debris
rack between two culverts located at the southwest corner of said property for existing stream/
ditch watercourse, if said area is not covered with a continuous culvert and necessary backfill.
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 to City.
12. Successors
Except as provided in paragraph eleven(11),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.
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DEVELOPER
Thomas P. Kenneally,Vice-President
Town Pump Inc.
STATE OF MONTANA )
:ss
County of Silver Bow )
On this_>�/ day of�!c%�y �r , 1995,before me, a Notary Public for the State of
Montana,personally appeared Thomas P. Kenneally, Vice-President, Town Pump Inc., 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.
Notary Public for the State
of Montana
Residing:
Commission Expires: %%S
(Notarial Seal)
THE CITY OF BOZEMAN
A 1.
zu
Phillip J. For es
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin )
On the vX day of , 1995, 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 on the day and
year first written above.
�Jprl thj�_
otary Public for the State
of Montana
Residing: Bozeman, ont n
Commission expires: �f
(Notarial Seal)
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
-------------------------------------------------------------------------------------------------
DATE : September 27, 1995
PROJECT: Lucky Lil ' s Casino - 2401 West Main Street, Bozeman, MT. 59715
DEVELOPER: Thomas P. Kenneally, Vice-President, Town Pump Inc.\
-------------------------- ------ -----------------------------------------------------------------
Item Sq ,Ft . /Ln , Ft . Contractor Est , Cost
Paving :
Asphalt 7, 408 sq. ft. ✓ $ 9 , 260 . 00
Concrete
Sidewalks : 3, 375 sq. ft. $ 8, 437 . 50
Curbing: 1, 110 ln. ft. $11, 100 . 00
Landscape : 51, 903 sq. ft. "j $25, 951 . 50
Landscape Protection:
Garbage Enclosure : (1) $ 1, 500 . 00
Exterior Lighting : (8) $12, 000 . 00
Water Improvements :
Sewer Improvements :
Street Improvements :
Total $68, 249 . 00
x 1 . 5 = $80 , 249 . 00
Approved By City Engineering Office : i (,u> Date :
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