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Home My WebLink About96- Lot 1 Valley Commons Business Park IMPROVEMENTS AGREEMENT FOR LOT 1, VALLEY COMMONS BUSINESS PARK THIS AGREEMENT is made and entered into this day of �� 1996,by and between Potter Clinton, Development, Inc. 1757 Highland,No. 22, 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 Conditional Use Permit application for Valley Commons Business Park to allow the construction of a structure for a convenience store and its accessory uses, and offices,parking and landscaping on the subject property; and WHEREAS,it is the intent of the Developer to obtain a building permit; 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 Conditional Use Permit. 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 identified as Lot 1,Valley Commons Business Park, City of Bozeman,Montana. 2. Improvements This Agreement specifically includes sidewalk, landscaping and parking improvements as illustrated on the plans and specifications contained in file Z-9599 of the Bozeman City-County Planning office,referenced hereto and therefore made a part of this Agreement. The estimated cost of said improvements is attached and made a part of this Agreement, as "Exhibit A". IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 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 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 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 1757 Highland Boulevard, No. 22, 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. IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 2 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 and Venue This Agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement,venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 8. Modifications or Alterations No modifications or amendment of this Agreement shall be valid,unless agreed to in writing 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. 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. POTTER CLINTON DEVELOPMENT, INC. �Am W z 64, By' IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 3 STATE OF MONTANA ) :ss County of Gallatin ) On this I,S day of 1996, before me, a Notary Public for the State of Montana, personally appeared known to me to be the�/r e f. PrP.S I dPhf of Potter Clinton Development, Inc., the corporation that 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 Public fo tate of Moana Residing at Commission Expil4s: cf N THE CITY OF BOZEMAN ?4U4 � 4e 1elz� Phillip J.Forb6s Director of Public Service STATE OF MONTANA ) :ss County of Gallatin) On thew day of 1996, before me, a Notary Public for the State of Montana,personally appeared Phillip J. Forbes,known tome 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. OIULL 61AMMU Notary Public for State of Montana Residing at Bozeman Commission Expires: IMPROVEMENTS AGREEMENT, LOT 1, VALLEY COMMONS BUSINESS PARK PAGE 4 "EXHIBIT A"ESTIMATED COST OF IMPROVEMENTS LOT 1,VALLEY COMMONS BUSINESS PARK PROJECT: Z-9599-CUP FOR A BUSINESS PARK PLANNED UNIT DEVELOPMENT. Lot 1 is for construction of a convenience store and its accessory uses,and office space DEVELOPER Potter Clinton Development, Inc ITEM NUMBER/UNIT COST PER UNIT ESTIMATED COST Asphalt parking per site plan Z-9599 22,638 sq.ft. $1.25 per sq.ft. $28,297.50 5' Sidewalk on Valley Commons Drive 240 ln.ft. = 1200 sq.ft. $2.50 per sq.ft. $39000.00 Curb 9551n.ft. $10.00 per In.ft. $9,550.00 Landscaping per site plan Z-9599 -Prairiefire Crabapple,2" caliper (3) $165.00 each $495.00 -Summit Ash, 2" caliper (20) $195.00 each $3,900.00 -Patmore Ash,2" caliper (15) $195.00 each $2,925.00 -Autumn Purple Ash,2" caliper (2) $195.00 each $390.00 -Installation of trees (50%of cost of plants) $3,855.00 -Irrigation, soil preparation 17,268 sq.ft. $0.50 per sq.ft. $8,634.00 Trash Enclosure (1) $250.00 each $250.00 Bike Rack (1) $130.00 each $130.00 Accessible Parking Signs (2) $125.00 each $250.00 Enter/Exit Only Signs for Drive-Through (1) each $125.00 each $250.00 TOTAL ESTIMATED COST 61,926.50 x 1.5 92,889.75