HomeMy WebLinkAbout95- Auto Body Experience, Inc IMPROVEMENTS AGREEMENT FOR
AUTO BODY EXPERIENCE, INC.
917 BRIDGER DRIVE
THIS AGREEMENT is made and entered into this-,� ' day of
1995,. by and between Auto Body Experience, Inc., 917 Bridger Drive, 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 and purpose of the Developer to meet the conditions of approval
of a Minor Site Plan application to allow the reuse of an existing steel structure as a collision repair
facility(body shop)on the subject property; and
WHEREAS, it is the intent of the Developer to obtain Final Site Plan approval; 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 those properties which are designated and identified
as a one acre tract located in the S %2 of Section 31, TIS, R6E, PMM. Gallatin County, Montana,
and more commonly known as 917 Bridger Drivc.
2. Improvements
This Agreement specifically includes parking lot paving and landscaping 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 structure 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 occupancy
of the structure in order to avoid default on 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
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 4309 Stucky Road,
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 Developers 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. 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 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 Developer shall not assign this Agreement in whole, or in part,
without prior written consent of the City.
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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.
AUTO BODY EXPERIENCE, INC.
Q t.
BY: .
Patrick S. Pierzina
STATE OF MONTANA )
:ss
County of Gallatin' / )
On this �Y day of u-"/J , 1995, before me, a Notary Public for the State of
Montana, personally appearcaatrid S. Pierzina, known tome to be the�u-n rr of
Auto Body Experience, Inc.., the corporation who executed 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.
Notary Publi for St�te of Montana
Residing at
Commission Expires: '4 _ /iw
THE CITY OF BOZEMAN
Phillip J. For vs
Director of Public Service
STATE OF MONTANA )
:ss
County of Gallatin )
On the,:��A day `c. ,of 1995, before me, a Notary Public for the State of
Montana, personally appeare fillip J. orbcs, known to me to be the person described in and who
executed the foregoing ins ment 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.
'WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and
year fi t writtep ab ve.
Notary Public for State of Montana
Residing at Bozeman
Commission Expires:
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EXHIBIT `B'
ESTIMATED COST OF IMPROVEMENTS
AUTO BODY EXPERIENCE, INC.
917 BRIDGER DRIVE
ITEM S .FT./LN.FT. COST/UNIT EST.COST
Asphalt Parking (per site plan) 6,040 sq.ft.
$1.25/sq.ft. $7,550.00
Curb 1831n.ft. $10.00/ln.ft. $1,830.00
Cotoneaster hedge (per site plan) 92 plants 18" min. $3.90 ea. $359.00
Installation of hedge (50% cost of $179.00
plants)
TOTAL ESTIMATED COST $9,918.00
x 1.5 = Cost of financial guarantee if $14,877.00
occupied prior to installation of
improvements