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Home My WebLink About95- Bon Marche Expansion, Main Mall IMPROVEMENTS AGREEMENT FOR BON MARCHE EXPANSION, MAIN MALL 2825 WEST MAIN STREET THIS AGREEMENT is made and entered into this e1bli. day of 1995, by and between - The Bon, Inc. , P.O. Box 12510, Seattle, WA 98181, hereinafter called the "Applicant" , 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 Applicant to meet the conditions of approval of a Certificate of Appropriateness application to allow a 19 , 620 square foot addition to the west end of the Bon Marche Store at the Main Mall; and WHEREAS, it is the intent of the Applicant to obtain Final Site Plan approval; and WHEREAS, it is the intent and purpose of both the Applicant 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 Certificate of Appropriateness . 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 tract of land in the S� SW4 of Section 11, T2S, RSE, MPM, C ity of Bozeman, Montana, and more commonly known as 2825 West Main Street. 2 . Improvements This Agreement specifically includes landscaping and parking lot 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 completion of all required on-site improvements, this 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 final site plan approval 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 Applicant is in compliance with this Agreement, and the Applicant 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 Applicant 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 written notice specifying the default is deposited in the United States mail addressed to the applicant at P. O. Box 12510, Seattle, WA 98181, or such other address as the Applicant 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 2 engineers shall have the right to enter upon the property and perform such work and inspection, and the Applicants 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 . Warranty The Applicant 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 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 Applicant shall not assign this Agreement in whole, or in part, without prior written consent of the 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 . The Bon, Inc. BY: Jolln Sims STATE OF 0010 ) : ss County of g9011QmJ ) ,,.� On this Z/4 day of � riVE , 1995, before me, a Notary Public for the State of WD , personally appeared t10h/l 9. S/nX , known to me to be the Vite f� of The Bon, Inc. the corporation who executed the foregoing Improvements Agreement, and acknowledged to me that he/she 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. 1040"'411$0% .�•p�� a��•. 10 Notary Public for State of C36k Z Re iding at &A:ZA(AJ,4T! , 0/7-ID L Commission Expires : RICHARD E. WINKLER THE CITY OF BOZEMAN IWO Notary Public,State of Ohio 4v Expires May 1. 1997 f Z41 Phillip J Fp�bes Director f ublic Service STATE OF MONTANA ) : ss County of Gallatin ) On the day of , 1995, before me, a Notary Public for the State of tana, personally appeared Phillip J. Forbes, known to me to b he 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 the day,-And year first written above. otary Public for State of Montana Residing at Bozeman Commission Expires : 4 "EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS BON MARCHE EXPANSION, MAIN MALL 2825 WEST MAIN STREET ----------------------------------------------------------------------------------------- PROJECT: Z-9542 - Certificate of Appropriateness to allow a 14-,t2_0 sq.ft. addition DEVELOPER: Federated Dept. Stores - Bon Marche Division ►9,C,a4D, ------------------------------------------ - ------ -- 0 tt-- -------------- ITEM S4.FT./LN.FT. COST/UNIT EST. COST Asphalt parking (per site plan) 37, 964 sq. ft. $ 1 .25/sq. ft. $47 , 455 . 00 8 ' Sidewalk on site 443 ln.ft. 3, 544 sq. ft. $ 2 .50/sq. ft. $ 8, 860 . 00 Curb 1, 232 ln. ft. $10 . 00/ln. ft. $12, 320 . 00 Landscaping: Juniper, Prince of Wales -4-7- .21 $ 25 . 00 ea. $ •l t_1.7- .5a5.o0 Radiant Crab (Malus radiant) 7- 4, $ 67 . 00 ea. $ AA-9--. �oz.m Grading, sod, irrigation 7,264 sq. ft. $ 0 . 50/sq.ft. $ 3, 632 . 00 Installation of Trees and shrubs (50% of cost of plants) $ $22-. 9(93•$0 Security lights 4 $125 . 00 ea. $ 500 . 00 TOTAL ESTIMATED COST 7057aS-So x 1 . 5 = $14 , 0*/05,788.75