HomeMy WebLinkAbout80- Jackson, Fellers Improvements Agreement
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FiLM 61 P4GE 1313
IMPROVEMENTS AGREEMENT
This Agreement made and entered into this .&L day of l:J'<:.S:.."'-J<\..~\:....\.- ,
198 C , by and between Ed Jackson and Paul Fellers, hereinafter called the
Su6(J"ividers, 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, and the County of Gallatin, State of Montana,
acting by and through the Board of County Commissioners, hereinafter called
the Board; and,
WHEREAS, subdivisions are subject to the provisions of Title 76,
Chapter 3, Parts 1 through 6, M. C. A., said provisions being known as the
"Montana 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 City Commission and the Board of County Commissioners)
adopt and provide for the enforcement of subdivision regulations; and,
WHEREAS, the Governing Body of Bozeman, Montana, bein g the City
Commission, and the Governing Body of Gallatin County, being the Board of
County Commissioners, have 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 and the Board is an approved guarantee of
completion 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. Thes e methods are set out in
Appendix "c" of the Regulations and one such method herein
described is a written agreement between the Subdividers and the
Director; and,
WHEREAS, it is the intent and purpose of both the Subdividers, the
Director, and the Boar d to hereby enter into an agreement which will
guarantee the full and satisfactory completion of all improvements within the
subdivision hereinafter described and by this agreement to satisfy the
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 Sourdou gh Ridge III, Block 3 Subdivision
located in the SWi- of Section 20, T2S, R6E, P.M.M.
This agreement specifically includes, but is not limited to maintaining a
desirable vegetative ground cover within the proposed subdivision.
Required improvements include maintaining a proper ground cover and
shall be completed per the following time schedule:
a. The Subdividers will be responsible for maintaining a proper ground
cover on the lots of said subdivision. Proper ground cover is
defined as the desirable vegetation as recommended by the County
Extension Agent after a field check of said subdivision prior to
August 1, 1981. The County Extension Agent shall also recommend
practices and procedures to control and/or remove perennial noxious
weed infestation. Noxious weed(s) shall be those plants listed as
such by the Gallatin Weed District. The recommendation(s) of the
Coun ty Extension Agent shall become a part of this agreement as if
expressed directly herein.
b. The proper ground cover shall be maintained on each lot until
construction of a residential structure shall occur on a lot.
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~ c. Should the Subdividers or, subsequent successors fail to maintajn
. the ground cover in a reasonable growing condition and state of
repair, the determination of such failure to be made by the
Planning Director, the Board, may at its option through its own
agents or by independent contractor, enter the property for
purposes of maintenance thereof, together with an additional charge
of twenty-five percent (25%) of said costs for management fees,
such costs to constitute a lien upon each lot where maintenance
work is required and executed. Agents for the Board or
independent contractors designated by the Board are hereby
granted and conveyed access over the lots of said subdivision for
the purpose of maintaining a proper ground cover.
Performance by the Subdividers of the covenants set out in this agree-
ment and in conformance with the time schedule set forth in this agreement is
the essence of this agreement; accordingly, the Subdividers expressly under-
stand and agree that their failure to meet the time schedule to the specifi-
cations described herein shall be deemed to be a breach to this agreement.
The Subdividers hereby waive any notice of breach by them.
Upon any breach of this agreement as herein defined, the Subdividers
shall be subject to the penalties and enforcement as outlined in Section 15 of
the Regulations.
In consideration of the covenants and acts of the Subdividers, the
Director and the Board do hereby agree that the public improvement
guarantee provision has been satisfied for Sourdough Ridge III, Block 3
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 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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'<NIA SUBDIVIDE DATE
'-'1. ~.'_' "l3 PAUL FELLERS
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Notary Public 10
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State of Montana 1 55. -- .."',:::
County of Gallatin \' .~! [, '" !-
Filed~. Feb, 10 ~, 19 81
at 8: 25 ----A-M., and
Recorded in boOk________9Jl____of
MISCELLANEOUS r'3ge~3
.fuci.t~ a:._,B~4}~_'___ COUNTY OF GALLATIN
~72;}k "Z'd.'
By I :,// l ...I ~ an, Chairman Date
Deputy I Board of County Commissioners
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Not ry Pub ,c for the State of Montana
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