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HomeMy WebLinkAbout80- Graf Agreement . , j ~ A G R E E MEN T ,.~ 55 ml1815 --------- This agreement, made and entered into this 11th day of March 1980 , , by and between Eugene Graf, Jr. , anq Genevieve S. Graf, 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 Ti tle II, Chapter 38, Sections 3859 through 3876, Revised Codes of Montana, 1947, said provisions being known as the "Montana Subdivi- sion 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 regulations~ and, WHEREAS, the Governing Body of Rozeroan, Montana, being 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 comple- tion of public improvements which are described and provided for in the Subdivision Plat. b. there are various alternative methods of effecting 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 agreement which will -1- . . . . 55 fME t816 :..104 guarantee the full and satisfactory completion of all public improve- ments within the subdivision hereinafter described and bv this agreement to satisfy the public 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 Figgins Addition, First Phase, Block 9, Lo t I. This agreement specifically includes, but is not limited to, streets, storm drainage, curbing, sewer and water improvements within the proposed subdivision. 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 construction of said improvements. Required improvements include: sewer, water, storm drain- age, and streets (to include paving). 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 permits shall be issued for construction on any lot in the subdivision until required sewer and water improve- ments are installed. b. that no building constructed on any lot in the subdivision shall be occupied until streets to a gravel standard have been completed. c. that required street construction to include paving in the subdivision be installed at a time determined by the City Engineer. It is further covenanted and agreed that the Subdivider hereby agrees to a waiver of protest, limited to Figgins Addition, 1st Phase, Block 9, Lot 1, binding upon him and his -2- . " .. I" I \ .. · ',\,f 55 f'MJE 1817 successors, for the creation of a special improvement district for the improvement of south Third Avenue to the arterial standards of the City of Bozeman. 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; 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 agree- ment. The Subdivider 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 Figgins Addition, ~irst Phase, Block 9, Lot 1, which is the subject for 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 ~ ~/~~ " ,~ .A ./"t ~' EUGENE " , J ., USBA jlj , ". '\-1 ! " "-e~~-0?~~ ,r~ , ""_)J.~ -l ""~"" ~ ~ENEV V S. ,RJIF, wIFE / ~ ~y - f On this' d \" day 0 " " " " '- "J. "" , 19'tl), before me, a Notary -3- ,. . , . I iir. ;. .. ..~ 55 fMEf 818 Public for the State of Montana, personally appeared Eugene Grat, Jr., and Genevieve S. Graf, known to me to be the persons whose names are subscribed to the foregoing certificate and acknowledged to me that they executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. .,.' 1 ',., ,\:\ l\ 01/;::"'" '.;)~;\""'.' 4> \, Not~ry Pu Montana ", . . r! I'~\ Res~d~n~ a~ ~ My Commlsslon , ,C - _/ i .n- .- '/: ~ i' 'I' '., .../ ,,: ...... l .". <~ ". ~ ....- 'l' ~~ "'-f '...... ,,'-,' <II,\.,~.>" '('~ ~I~J\"~\'.''' " I' ," By: Service On this // day of }?/a...e e, 4 ' ursa, before me, a Notary Public for the State of Montana, personally appeared S. C. Gesko, Jr., known to me to be the person whose name is subscribed to the foregoing certificate and acknowledged to me that he executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in the certificate first above written. ""r.,u. . "I. ~ll\~D'>'t: 9 ..' ~ ':>- ' ......,. I,t. ....,. , c:e........ " ... .' '. t':'I". N t P 1 l <G...~...,.." i I ;'\1/' ". ~ ~ 0 ary u ~c .:41:' -.'.\J\i\,d:, " ~, Residing at - ~":.', 'III ,,\ ...... : - ,.:i'.".';'; ."S~-< .",' ~. if My Commission , ~ ~ i.... '...\ J \ ., y, t :.. .,'..' )",.l....,........ "f, ~ ,~{~. '.....M...~. ...~,.//L;' J "tS:.'.,J", ' (;".,: ...,.,:,:..., I"i....h........... ............ ....'. . . ....." ~ ~, '~\~. "'I' ....'~.. '.....':\. r ....... "'/II~,: re ,..~..o::.,..,' . "".r.",,;,....' \ 72628 State of Mont., County of Gal!atln. 55 Filca tor rccuro MARCH il ,li~80 a+ 8: 2"3 ~ M., and!ec~. rded in. Book S'i of :1C~~~ ".:g8\81.S .tA.~" a. B~ Recorder. Bv &.... . I~., Deput)', RT: CITY OF BOZEMAN -4-