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Home My WebLink About95- Community Food Co-op Parking Lot Expansion IMPROVEMENTS AGREEMENT FOR COMMUNITY FOOD CO-OP PARKING LOT EXPANSION 908 W. MAIN STREET, BOZEMAN THIS AGREEMENT is made and entered into this �rd/th day of .IL 1995, by and between Crossroads Food Center, Inc. dba Community Food Co-op, 908 W. Main Street, Bozeman, MT 59715, 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 of the Developer to obtain Final Site Plan approval and to meet the conditions of approval of a Minor Site Plan to allow for the construction of site improvements including parking, landscaping and lighting; 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 Plan. 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 property which is designated and identified as Lots 8-11, 14-19 and the eastern 20' of Lot 12, Block G, Story's Addition and is more commonly known as 908 W. Main Street. 2. Improvements This Agreement specifically includes improvements as illustrated on the Final Site Plan filed at the City-County Planning Office in file #Z-9585. The estimated cost of said improvements is attached and made a part of this Agreement, as "Exhibit A". 3. Financial Guarantee, Time for Completion of Improvements If the parking lot is to be utilized prior to the installation of all required 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 deemed acceptable by the City and may include one or more of the following: Letter of Credit Issued by an Accredited Financial Institution, Cashier's Check or Certificate of Deposit. Said method of security shall be valid for a period of not less than eighteen (18) months. In any event, all required improvements shall be completed within nine (9) months of utilization 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 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 any such default or failure shall continue for a period of thirty (30) days after written notice specifying the default is deposited in the United States mail addressed to the developer at 908 W. Main Street, 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 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. B) 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. Governing 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 in 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 Assi nment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent from the City. 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. Crossroads Food Center, dba Community Food Co-op All- BY: STATE OF MONTANA ) Kelly Wiseman :ss County of ) On this '3 y rd/th day of ('D 1995, before me, a Notary Public for the State of Montana, personally appeared Kelly Wiseman, known to me to be the 4,,-1 AK of Crossroads Food Center, dba Community Food Co-op, the corporation who execu d the foregoing Improvements Agreement, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. kA\_t\%A� L" No1hry Public for the State of Montana Residing at Bozeman Commission Expires: to-a - � STATE OF MONTANA ) :ss County of ) CITY OF BOZEMAN BY: U Phillip J. Forbes On this %15 1 rd/th 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. 1 ,-----"-Notary Public for the State o Montana Residing at Bozeman Commission Expires: -/� "EXHIBIT A" ESTIMATED COST OF IMPROVEMENTS COMMUNITY FOOD CO-OP 908 W. MAIN STREET PROJECT: #Z9585 MINOR SITE PLAN TO ALLOW FOR THE CONSTRUCTION OF SITE IMPROVEMENTS INCLUDING PARKING AND LANDSCAPING. DEVELOPER: CROSSROADS FOOD CENTER dba COMMUNITY FOOD CO-OP. ITEM SQ.FT./LN.FT./QNTY. COST/UNIT EST COST. Asphalt paving 10,039 sq. ft. $ 1.25/sq.ft. $ 12,549.00 Concrete flat work 1,345 sq. ft. $ 2.50/sq.ft. $ 3,362.00 Landscaping: Norway Maple 3 $ 225.00/ea. $ 675.00 Canadian Chokecherry 1 $ 165.00/ea. $ 165.00 Misc. shrubs 17 $ 25.00/ea. $ 425.00 Installation of trees and shrubs (50% cost of plants) $ 612.50 (grading, sod, irrigation) 14,586 sq. ft. $ 0.21/sq. ft. $ 3,063.00 Signs (Disabled) 6 $ 25.00/ea. $ 150.00 6" Concrete Curb 757 ln. ft. $ 10.00/ft. $ 7,570.00 Garbage Enclosure 1 $ 250.00/ea. $ 250.00 TOTAL ESTIMATED COST $ 28,821.50 x 1.5 = $ 43,232.25