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Home My WebLink About78- Wheat Improvements Agreement ~ ) . .' 46 FACI fiLM 505 IMP R 0 V E MEN T S A G R E E MEN T This Agreeme:t~m:d: :n~ :n~e~e~- ~n-;o t~'i~ -..::;-(- ~a;,-o~ ~_;Tf., 1978, by and between Dennis Wheat, hereinafter called the Subdivider, 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, subdivisions are subject to the provisions of Title 11, Chapter 38, Section 3859 through 3876, Revised Codes of Montana, 1947, said provisions being known as the "Montana Subdivision and Platting Act", hereinafter referred to as the Act; and, VJHEREAS, the Governing Bodies (defined in part by the Act as the Board of City Commissioners) adopt and provide for the enforcement of subdivision regula- tions; and, VJllEREAS , the Governing Body of iJOZf::fllat1, Huntana-, being the Board of City Commissioners, has adopted a body of ordinances entitled "Bozeman Area Subdivision Regulations" hereinafter referred to as the Regulations; and, VJHEREAS, 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 improvements 'Nhich are described and provided for in the Subdivision Plat. b. There are various alternative methods of effecting the necessary and prerequisite f,uarantees. These methods are set out in appendix "e" of the Regula- tions 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 hoth Subdivider and the Director to hereby enter into an agreement which will guarantee the full and satisfactory completion of all public improvements within the subdivision hereinafter described and by this agreement to satisfy the jJublic improvement guarantee conditions for final plat approval. THEREFORE, it is covenanted and agreed as follows: This agreement pertains to and includes that proposed subdivision which is designated and identified as VJheat Commercial Subdivision. This agreement specifically includes, but is not limited to streets, siguing, storm drainage, curbing, sewer and water improvements within the proposed subdivi- sion. The Subdivider hereby agrees to a waiver of protest for the creation of special improvement districts for the construction of the following described improvements, and in this connection, petitions the City of Bozeman to create special improvement districts for the construclion of said improvements. Required improvements include; sewer, water, storm drainage, and streets (to include paving and signing). 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. That no building permit shall be issued for building on any lot in the subdivision until required sewer and water improvements are installed and streets are improved to a minimum gravel standard to the satisfaction of the City Engineer. b. That required street construction to include paving in the subdivision be installed at a time determined by the City Engineer. (Current policy is to allow settlement of utility trenches before paving.) > . I t . . F IL M. 46 FAGE 506 Performance by the Subdivider of the covenants set out in this agreement and in conformance with the time schedule set forth in this agreement is the essence of this agreement. In consideration of the covenants and acts of the Subdivider, the Director does hereby agree that the public improvement guarantee provision has been satis- fied for Wheat Commercial Subdivision, which is the subject of this agreement, 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: SUBDIVIDER / - --"~) / ( /' c~,~_ /~ //d-/ ~ DENNIS WHEAT / / I ~ (Il~t( t4/tc2fGi THE STATE OF MONTANA RESIDING AT 12/1(.{':'--'-'-' 'Il?d-x_r;~U:t........ MY COMMISSION 3/2 /p I .... , , 1 (// " n ~ / ' I 'J--t / 'oj " 'v'/" ,',', '"L-' i .' ::'---:7--/ t/ /L J ' S. (1. GESKO JR: DrRECT~)R OF r~~L IC SERVICE Q/-" \...-- ./ / _ _.c:1.L'l.C l71--(,~11IU.I--1\...:) ._ I NOTARY PUBLIC FOR THE STATE OF MONTANA . ~ / RESIDING AT iY5t'~tJ.!..t.tf-/~~,>T./:..\-}(-n7(-(<--~.__ 54162 INDEXED' , MY COMMISSION iipIRES \;J 12~.f1 > PLATTED I -1--'- State of Montana County of Gallatin f 55. Filed September 22 I 19 78 ", ".,...' at 2: 10 !M.. and Recorded in book 46 ._of MS I ~ELLL~NE:)OU~age.....sns.... i:' tal'/ ci.. ..slue"" '-;;', _'...; ,- By-L3-1''''";;~-'~, ecorder ~. '!.i,. Deputy .~ ,qe $.._::_::..::._-_=,.." ,._.' ..+_.._.., Rt: City of Bozemi:i:n'-- '---.