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
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:d~M., aMd recorded in Book 5901 MISCELLANEOUS ._"r_~pa~e68-
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_~ IMPROVEMENTS AGREH'ENT
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\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.' ., ,.
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.' . .. 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:
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SUB-DIVIDER ' ,:.~
Bruce~Mecklenberg
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Notary Public
Res i di ng at 1(1-n f' rf
My commi 5S i on ex,fiA res __
CITY OF BOZEMAN
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By: S; C. Gesko, Jr.
Birector of Public Service
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