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HomeMy WebLinkAbout81- West Edge Properties Improvements Agreement ;t: ~ity of Bozeman 85000. filM 62p~GE227;1 . C t f ~ I~ t. r,"", ,-I" .. I Apr1.1 24 'H3 S'l State of Mont., Qua y 0 ~H.<'I m. S5 I'; ;2'... lOr' rI'.'cnr<. j ~~/'~ ~t 8:2~t.g~."~~~.eezc .ddl~~nR~::~~cr. 6~v..~~~~ANEOU~~~:1 .-... . -- iNC. ~MPROVEMENTS AGREEMENT 't~ iLA1i,;~ /i This Agreement "ade and entered into this /q!::lr day of Ja Yl ua. t- rr ' 1981, by and between West Edge Properties, a Montana partnership, here nafter 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 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 A ct as the City Commission) adopt and provide for the enforcement of subdivision regulations; and, WHEREAS, the Governing Body of Bozeman, Montana, being the City Commission. has adopted a body of oridnances 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 fipal plat by the Director is an approved guarantee of completion of public improvements which are described and provided for in the Sub(Uvision 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 ann one such methon herein described is a written agreement between the Subdivider anr the Director; and, WH EREA S, it is the intent and purpose of both Subdivider and the Director to hereby enter into an agreement which will guarantee the full anCl satisfactory completion of all public iI!lprovements vvithin the subdivision hereinafter described and by 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 "The Subdivision Plat of West Main Business Plaza. " This agreement specifically includes, but is not li1'!lited to, streets, storm drainage, curbing, sanitary sewer and water improvements, utilities and street signs 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 i~prover.1ents include: sanitary sewer, water, utilities, strpet signs, storm drainage, and streets (to include paving). A 11 improvements shall he constructed to City of Bozeman standards at the time of construction and shall be completed per the following time schedule: a. That adequate storm drainage, sediment and erosion controls and methods are installed per the approval of the City Engineer. b. Required water and sanitary sewer construction will be cOlY'pleted within one (1) year of this agreement's execution by both parties. c. The Subrlivider hereby provides a warranty aga.inst defects in these improvements for a period of one (1) year from the date of their written acceptance by the City of Bozeman, except when said improvements are installed through a Special Improvement District. - - . . . . ' . .. . fiLM 62 rAGE 2272 Performance by the Subdivider of the covenants set out in this agree- ment, and in conformance with the time schedule set forth in this a~reel':1ent is the essence of this agreerr.ent; 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 as 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 liThe Subdivision Plat of West Main Business Plaza n 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 A greement shall insure to the benefit of and ninding 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: Properties, A Montana. . l'.. '~~" d' .1'>;:_ ~', Notary Pu ic f the tate ofrMontaha Residing ~ .B"z-~i1IU~,'. .,,'S~., ; ; My ComrmsSlOn ,exl!\}re;; .....{tine 1,~ (] ~,/.' 7J7~ i.l~ MARCIA EDSALL ,', SUB DIVIDFE "I ) " , Notary Pub c 9 he tate of Montana Residing at R;~!:ttnt:l k · ,\ .;" I My Commission expit~ Ju.~ .61' rqgL ~ "" ,'^ ' ", ~ ,~~;; ( SUBCIVIDFF .;:"1'.,,"1 . ' '~ . . ~ Y'. ~".." : \\~~~lttlll""'1 My .-i" ,III, !\'~ .~\\OR . G ", 4:~:"."."~-t..~ k '\, . $":'1(,.""'" ""1 ~ D. ~/.~ ~ I; /S~-tE" "t'/l~\r ~ /~ ../ljK ,,\ Ai : . ~ B .: .s. o. 6.,ku. J.. 'R"<Y &..~. ,,' l . J 111 Director of Public Service ....,.,...,...' ' ..' 1,f" ~ ~ "'i>" ...-.....'" ,:. 'l r~. ......... ......-+~ ~ 11 . ~"", . r'" ~ ",1",,. DF t-(t . (I~'. , .""""...$ Nat:t; Public fa the~lIl- Residing at 1!t:ea..~1IlJI.1IaAlI My Commission expire~Bu'11 ...~ --.... . ~ . . . . . ... FILM 62 P~GE 2272 Performance by the Subdivider 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 agree~ent; 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 enforcetT'ent as 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 Subdivision Plat of West Main Business Plaza" 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 A greement shall insure to the benefit of and hinding 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: Properties, A Montana .,. ,. ,'I,ll ';\ Notary Pu ic f the tate Pi~Montaha Residing a B"z.dm d JU~' .' . '\-,' - : ~1y Commission.ex~re5 ~V6Erl~";''1<,~.t4,. gj ~ '. "'",j", .' J:" ',,'.' ." " ~~ ~ ~'~ ':.l~ MARCIA EDSALL ." SUB DIVIDFE '. }, , for e tate o.Mohtana Residing at ,f3o::z.'~aJ.f, .. --',' .' . ~ My Commission exp!res .. j{~'i'J'F\'..9.jlit"1 . ffi~\(" . "-w A YN A. EDSALL' ," " SUB DIVIDER ~ ' " /' Notary Pub Residing at My Commission expi'te~ ..... , ~ "''') , , , .'7"""" ,",' -~<~ ~ D~~"u- ., . SUB DIVIDFF ! ... "r; ,"'1'" ;r-,; ......"'.. ,I %' I ~,~.'}'._ Notary Pub' f6 ,~e ~S.tMa:. ~f, tana R &" ,.." ,; .' . . " , . esiding at '2-~o~.'~"':~"~\"'\'-.:'" ,>IIIHlII'" My Commission expire~.~Ju ~e 'If( /q,p! ~ .~ ' , ..".." \\QR G "" _-i-f.~~ ---'t.":". .....~.~~.... 0 J ,"'.I... f,~'" '. \' .......~ ", l; /' 'l\~l~Jt.f~" \:'1- -; :'; ~ ~ : .~ : SeAL: ~ B : ~. C. Get;klJ, JL. ,\ 1& \~" ..:. f /)f Director of Public Service ",,..0'0 . 00 I,~ ~~ "'.., '. - ,. 1t" ...,,~ 1~.:........... h.~ ,,$' d . ;0, .. "'~ r _, ~ ""/V" MO(\," . 11"'IlJtIl.,~i Nota y Public fo the !~lIf~ Residing at ~._1IDaIarQ My Commission expireN 11""...... ......