Loading...
HomeMy WebLinkAbout80- Mecklenberg Improvements Agreement Rt: City of Bozeman FIL~ 59p. 68 ~tBt. of Mont.. County of Gallatin. S5 filed for re<.:ord_~_Q~E~.!:_~!_ ?~_.._________ , :L ~~O .. :d~M., aMd recorded in Book 5901 MISCELLANEOUS ._"r_~pa~e68- , . .~ ,./ ~A1<i1lc (t. flb41lCl Recoraer. BY/~~H~~.~l.vc...rx. . _~ IMPROVEMENTS AGREH'ENT ~r;,) '"'Ie r H J9 ~V- ( , lJ, . \f''''' This Agreement, made and entered into this ,,206 day of Oc.t<J6t'i'" , l~, by and between BRUCE ~'1ECKLENBERG, hereinafter call the Subdlvider, and the City of Bozeman, County of Gallatin, State of Montana, acting by and through the Director of Public Service for the City of Bozeman, hereinafter called the Director: WHEREAS, subdividers are subject to the provisions of Title 76, Chapter 3, Parts 1 through 6, ~~.C.A., said provisions being known as the "~~ontana Subdivision and Platting Act," hereinafter referred to as the Act; and, WHEREAS, the Act requires that the Governing Bodies (defined in part by the Act as the Board of City Commissioners) adopt and provide for the enforcement of subdivision requlations: and, \4HEREAS, the Governing Body of Bozeman, Montana, bein9, the Board of City Commissioners, has adopted a body of ordinances entitled "Bozeman Area Subdivision Regulations" hereinafter referred to as the Regulations; and, WHEREAS, the regulations provide that: a. One of the conditions which must precede approval of the final plat by the Director is an approved guarantee of completion of public im~rove- ments which are described and provided for in the Subdivision Plat. b. There are various alternative methods of effectinq the necessary and prerequisite guarantees. These methods are set out in Appendix "e" of the Regulations and one such method herein described is a written agreement between the Subdivider and the Director; and, WHEREAS, it is the intent and purpose of both Subdivider and the Director to hereby enter into an a9reement which will guarantee the full and satisfactory completion of all public improvements within the subdivision hereinafter described and by this aQreerrent to satisfy the publiC imorovement ClUarantee conditions for final plat approval. THEREFORE, it is covenanted and aqreed as follows: This agreement pertains to and includes that proposed subdivision which is designated and identified as The Amended Subdivision Plat of Lot 5 Of The Amended Subdivision Plat Of McChesney Industrial Subdivision. This agreement specifically includes, but is not limited to, street rerair, sanita~y sewer and water improvements within the proposed subdivision. The Subdivider herebv aorees to oav the cost of installation of a water stub to Lot SA of the above ment ianed amended subd iv is ion.' The trenches for the stub in Gilkerson Drive will be backfilled and compacted and the street surface repaired with hot asphalt paving to the City's satisfaction. Required improvements include: sanitary sewer, water, and street repair. All improvements shall be constructed to City of Bozeman standards at the time of construction and shall be completed per the following time schedule: a. Required water service to Lot SA be constructed within one (1) year of this agreement's execution by both parties, or as new installation is required. b. The Subdivider hereby provides a warranty against defects in these improvements for a period of one (1) year frnM the date of their written acceptance by the City of Bozemar.. c. The method of guarantee to insure the work is comoleted will be the completion and accertance of the street surface repair by the City Engineer prior to the findl aoproval by the Planninn Director of ~ conditional use final site plan for Lot SA.' ., ,. -2- ... . .' . .. HLM 59 PAGE 69 Performance by the Subdi vi der of the covenants set out in thi s a'greement and in conformance with the time schedule set forth in this agreement is the essence of this agreement; accordingly, the Subdivider expressly understands and agrees that his failure to meet the time schedule to the specifications described herein shall be deemed to be a breach to this agreement. The Sub- divider hereby waives any notice of breach by him. Upon any breach of this agreement as herein defined, the Subdivider shall be subject to the penalties and enforcement outlined in Section 15 of the Regulations. In consideration of the covenants and acts of the Subdivider, the Director does hereby agree that the public improvement guarantee provision has been satisfied for The Amended Subdivision Plat Of Lot 5 Of The Amended Subdivision Plat Of MeChesney Industrial Subdivision, which is the subject for this agree- ment, provided that nothing herein shall be construed to be final plat approval or assurance of final plat approval. This agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. IN WITNESS WHEREOF, the parties to this agreement have executed the same on the day and year first above written: /) /" ' .-::' ,,/ ,.,.,/ /:( L'(I "-ij' //1 U / /' " .__-<' ,;' ,,," .../ .---""'-, Y." ..,r /...'?~ ./ '.r~ / ",-,-~-- ~('l ,I ~:.. '_" '._ \., ,/ L \.. '- ,.' \..- ~" ~ -'...." , -:~/_~'J__ SUB-DIVIDER ' ,:.~ Bruce~Mecklenberg (/ .., " ) ( ,.' ,,'--- ____01,C . -Ii "-o.tf, il.C.t ,.\) Notary Public Res i di ng at 1(1-n f' rf My commi 5S i on ex,fiA res __ CITY OF BOZEMAN . )&; fi~~ By: S; C. Gesko, Jr. Birector of Public Service iI!~\\\\)\\'.~f:'tll1t":":"il/.1 ",." ;.;./ '" ,0 ,j ,. H"tJ'1'> '" ( , ,,'.. ..../ \\ .."" ,,,...,' U:>~ I" ('. ,/..",>;,.. /, r:'./Y';'" fd < /,,,. I...> ~\J;,r.~OI. '. l~r.,oI'..... -!;J._:.~.'" ',,,-- , ./ /~"~,t~\":\~j<ft<~~.:.~ Notary Publ ic for thfYState of r.10ntana ;;; : \' " .~ ...;,.,= Res 1 d 1 ng at 1"""'" ill'"' 1" I" ".,,0.':.( ;' ['.' ",'" :: t;-( 'l( L""': ,':i M." I...."." -"." '. .... :; : StJ.:'" "',= "'~,= y commlSSlon explres 1:",,,,,,,,,,:<:::,,,;;,,,,;,;,1,1;.;;'_,,,,, -. ,., '- ~ .~,., :s '.).'. ,..: I '~ ~~~~Qi'::~' tWO. ~;" .r!J'..':~:<" :\,~~::/:">/:~'.:.'~:,,.~~::$ r!-,' ..."".," ".-' -'., .. \r..... ~ "<~"n --,..~ ' 11,'-.... ..- ~.(... r ~... .;., p-,,!;"\ q 0'" ..\~ " '~~ t. ...\" ". . "fI\"