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HomeMy WebLinkAbout638300223316336893) . FIi3AL'PLAN;FIIIIt` Laura�Danho£t f * ;- E16�.N._` December 12 ,Y.995' i N U Un N .nt. MiFOLDERS LEGAL SIZE—SP41 Via PROJECT ACTIVITY LOGS UzZ�sy-� BOZEMAN CITY-COUNTY PLANNING OFFICE Project Name File No. &Wil-Is Av k STAFF STAFF CUMULATIVE DATE ACTIVITY PERSON HOURS STAFF TIME ® 6 '�ro�.Q FiN pa Lo rea (AJ �6 i i 1 BOZEN4,&N , CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County Planning Office P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 � PHONE: (406)582-2360 FAX: (406)582-2363 July 25, 1997 Laura M. Amble/Danhof p 118 North 8th Avenue �( Bozeman,MT 59715 Re: #Z-95154 Danhof PUD/Certificate of Deposit 86246 Dear Laura: Enclosed you will find the original endorsed Certificate of Deposit referenced above in the amount of$1,920.00 which was issued to guarantee improvements related to the planning review of the triplex structure 116 North 8th Avenue. Per an on-site inspection by planning staff, all of the improvements relating to the approval of this project have been completed. Thank you for cooperating with the City of Bozeman on this matter. Sincerely, Therese Berger Administrative Secretary TB/tb Enc. I i MEMORANDUM TO: Laurae Clark, Treasurer FROM: Therese Berger, Planning Secretary DATE: 07/18/97 RE: Danhof PUD#Z-95154/Certificate of Deposit#86246 Please return to my attention the original certificate referenced above in the amount of$1,920 so that we may sign it and return it to the applicant. I've included a copy of the certificate for your convenience. If you have any questions please give me a call at X2360. Thank you for your help. i i 1 i 1 MEMORANDUM TO: Laurac Clark, Treasurer FROM: Therese Berger, Planning Secretary DATE: 1 l/21/96 RE: #P-9649 Durston Meadows Subdivision, Phase I Z-95154 Danhof/Amble Triplex PUD Enclosed are the original certificates of deposit for site improvements on the projects referenced below. Please hold them in your vault until you are either directed to issue drafts against them due to default, or to return them to the bank when improvements are completed. 1) #P-9649 Durston Meadows, Phase I -Timed Certificate of Deposit#1100981939 for$ 22,000 issued by First Interstate Bank Billings to Williams Bros. Construction Partnership and the City of Bozeman 2)#Z-95154 Danhof/Amble Triplex PUD -Certificate of Deposit#86246 for$1,920 issued by First Security Bank for Laura M. Amble and City of Bozeman Thanks for your help! Please call me if you have any questions. i i (315) i J ll 4*'. t f i ( �: f A All Date 11-20-96 t ,« r.1 Date ty4rt ^ t ft 6 l Opened: 4�� .Terms 2 Months Matut r q,1'1 20—r� Number {= 1 1'i8 6 2 4 6p� r i,. ' ..lj , - - yv d "i. �,i . ='t 1M rt4.tf;r`' ti k�4 lM, x' ^ �..."�• '., ( y/ 'w �i a irY i� i1 t ri a < f, { x =• � G.f4t' L., ';�. , � , a ��+ ° �`x v ,' r r YY r'` k � •fLl } , Y rt�tki>tir c•�?, 1s1' Certificate of D�oslt T .. ' ! �•+4. �'�f"t,Y ;fir mf,, 1�a -vt'jf y. 1�d `i' ,l f +f..•. .F: rL•- :d !}j �^t'�;tit r ^ tY ,..,. ' f.1y.. ^ .?... e f tff} 1 J}1 fl K r. r '�'lsitiY�� 1-.a r� all Nt.l sr? e'•tS t ,.<<. ti.� s �, Amount of li�gal'«Se�CUA3;'i 1'^ a� � s t 1 Deposit ,bf t B fd K a-•., - ; fit k� #� "� r. $ 19 20.00 Time Deposit is Issued to: 'Issuer- Thisr� s' ^ N'yC _ ,�.•. � , r `MS{l}• ,f ,,� a r '`� �t s :a c '' ty7�'%�r`� �Y�'z 7 ` fY,f M, 31 1 .'.J1 � tT't1 :4 _,+fil� fl,wlMAC ... '�'u tl • AF r Laura M: Amble f 'n '4 ° i '*)pEa''`�t +s J,�t r '�* F,i�st Security Banks ,. AND City, of Bozeman t 'y 3*� 118 North 8th. Bozeman MT + ' F^r?'" � of Bozeman /��J� 'S 9 715 4,fz � d c * way ,r,A 2M Mail;9 ertterr•40rr .1_ .Member FDIC 7117uw* t +yy 4 7 -d.' fev,1 .�k _4+r zit�jt A!'tr I`f f+r �IfPx,�n °' t. ev�4 1":fy T1+5`vri�• 1 rw�YY� �": ...... ..�'�,.. '•.2n � „t �,�•r 't f, w Not Negotiable-Not Subject to Check-Additional terms are below R i �«`i7r t ',fv By k -' ' + fi o 516-74-8003 TIN ;, •"Y;� 'r �t,' :ai�;3;,t'J�'1 s �� 'f is hIr �j"�Ir>< '4yi,4` �.1'w k '^ s �'(l. .`�L. >n:.• " fit+ t , a §•.1 i�,i^J�' 4 �,��s���.1.•J '' i.. •t:1. t�' Additional Terms and Disclosure Number: 86946 Definitions: "We," "our," and "us" mean the issuer of this account Transaction Limitations: and "you" and "your" mean the depositor(s). "Account" means the No Additions: You cannot make additional deposits to this original certificate of deposit as well as the deposit it evidences. account during a term(other than credited interest). Transfer: "Transfer" means any change in ownership, withdrawal Withdrawal Limitations: You cannot withdraw principal from this rights, or survivorship rights, including (but not limited to) any account without our consent except on or after maturity. (For pledge or assignment of this account as collateral. You cannot accounts that automatically renew, there is a ten day grace period transfer this account without our written consent. after each renewal date during which withdrawals are permitted This Form: This bottom part of the form (below the perforation) without penalty.) contains additional terms for your time deposit. It is also the Truth- Interest accrued during a term can be withdrawn after it has been in-Savings disclosure for those depositors entitled to one. You should keep this bottom part if you deliver the top to us for payment or credited to principal. Interest earned during one term that is not withdrawn during or someone else for any other reason. Rate Information:The interest rate for this account is 5.20 qo immediately after that term is added to principal for the renewal term. We will pay this rate through 11-20-97 Early Withdrawal Penalty: If we consent to a request for a The annual percentage yield for this account is 5.20 % withdrawal that is otherwise not permitted you may have to pay a ❑Variable Rate: The interest rate and Annual Percentage penalty.The penalty will be an amount equal to: Yield may change. Beginning 30 Days interest on the amount withdrawn. the interest rate will be: ❑For variable rate accounts, this penalty will be ❑determined at our discretion. calculated using: the rate in effect at the time of the The interest rate can change at any time. withdrawal. Interest will be compounded annually There are certain circumstances,such as the death or incompetence of Interest will be credited annually an owner,where we may waive or reduce this penalty. See your plan disclosure if this account is part of an IRA. Interest begins to accrue on the business day you deposit any noncash Renewal Policy: item(for example,a check). ❑ Single Maturity: If checked, this account will not automatically The annual percentage yield assumes that interest remains on deposit renew.No interest will accrue after the maturity date. until maturity.A withdrawal of interest will reduce earnings." [X_] Automatic Renewal: If checked,this account will automatically Minimum Balance Requirement:You must make a minimum deposit to open this account of$100.00. renew on the maturity date. Each renewal term will be the same You must maintain this minimum balance on a daily basis to earn as this original one, beginning on the maturity date, (unless we the annual percentage yield disclosed. notify you in writing, before a maturity date, of a different term Balance Computation Method:We use the daily balance method to for renewal). calculate the interest on this account. This method applies a daily You must notify us in writing before or within a ten day grace periodic rate to the principal in the account each day. period after the maturity date if you do not want this certificate to automatically renew. BACKUP WITHHOLDING CERTIFICATIONS If this account is not automatically renewed,then no interest will TIN: 51 6-74—R001 accrue after maturity. ® TAXPAYER T.D.NUMBER-The Taxpayer Identification Number The rate for each renewal term will be det5rmined by tls on or shown above(TIN)is my correct taxpayer identification number just before the renewal date. On accounts withterms of longer ® BACKUP WITHHOLDING - I am not subject to backup than one month we will remind you in advance of the renewal withholding either because I have not been notified.that I am subject and tell you when the rate will be known for the renewal period. to backup withholding as a result of a failure to report all interest or . . dividends,or the Internal Revenue Service has notified me that I am no longer subject to backup withholding. ❑ EXEMPT RECIPIENTS - I am an exempt recipient under the Internal Revenue Service Regulations.- 0 NONRESIDENT ALIENS-I am not a United States person,or if I am an individual, I am neither a citizen nor a resident of the United States. SIGNATURE - I certify under penalties of perjury the stateme is checked'n this section., Q, X �►•Ind ` ©Bankers Systems,Inc.,St.Cloud,MN(1-800-397-2341) Form CDV-TIS-S 12/6/93 CUSTOMIZED -.1 (page 1 of 1) rr Q BOZEMA40 CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363 Laura Danhof November 7, 1996 122 N. 8th Avenue Bozeman, MT 59715 RE: Financial Guarantee for occupancy on PUD application#Z-95145. Dear Laura: As we have been discussing,in regards to your occupancy application,you need to provide a ! financial guarantee to ensure the installation of required uninstalled improvements for your tri- plex project. This procedure is outlined in your letter of approval. The two planters can probably i be constructed for$100 each for a total of$200. That of course is the easy part. Since the city is taking responsibility for the alley improvements when it accepts them as complete, the deficiencies in cross drainage from the properties on the east side of the alley need to be corrected or financially guaranteed before either the Planning Office or Engineering Department can sign your Certificate of Occupancy. The Engineering Department has determined that the best way to fix the drainage problem would be to remove a section along the east side of the alley approximately 4' X 90' in dimension. This 360 sq. ft. area would cost approximately $3/sq. ft. to remove and replace with a deeper swale. The total would be $1080. Adding the planters would bring the total to $1280. The zone code requires that uninstalled improvements be financial guaranteed at 1.5 times the actual cost. This brings the total to $1920. If you can provide a written estimate for an acceptable option that has a different total, feel free to do so. As we discussed before,you might want to use a Letter of Credit from a bank as your financial guarantee. They charge a small percentage fee, but you don't have to turn over a large amount of cash. You can also use a CD or check in the City's name. Let me know how you wish to proceed. Call me for more details or if you have any questions. Sincerely, Dean Patterson Planner II C:\WPWfN60\WPDOCS\PROJECTS\DANHFFSP.LT3 BOZEMA CITY-COUNTY PLANNING OFFICE June 20, 1996 Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O. BOX 640, BOZEMAN,MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 Laura Danhof 122 N. 8th Avenue Bozeman,MT 59715 RE: Eliminating window in the triplex Dear Laura: This letter serves as official notice that I have reviewed your request(dated June 11, 1996)to eliminate the west window on the south side of the triplex(Danhof Final Plan PUD#Z-95154). After reviewing the request,I hereby approve the modification to the approved plan. In addition, I am enclosing a copy of.the signed Improvements Agreement as you requested. If you have any questions, feel free to call me at the Planning Office. Good luck with your project. Y Sincerely, t Awl Dean Patterson Associate Planner/Urban Designer cc: Linda Bell, 411 S. 13th Avenue,Bozeman encl: Improvements Agreement for Danhof PUD c` IMPROVEMENTS AGREEMENT FOR Danhof PUD Z-95154 116 N. 8th Avenue �dayTHIS AGREEMENT is made and entered into this L 7 of 1996, by and between Laura Danhof, 122 N. 8th Avenue, Bozeman, MT 59715, hereinafter called the "Developer", and the City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the "City". WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval of a Planned Unit Development application to allow the construction of a triplex apartment building on the property; and WHEREAS, it is the intent of the Developer to obtain Final Site Plan approval; and WHEREAS, it is the intent and purpose of both the Developer and the City to hereby enter into an Agreement which will guarantee the full and satisfactory completion of the required improvements on the property hereinafter described; and it is the intent of this Agreement, and of the parties hereto, to satisfy the improvements guarantee requirements for the conditional approval of said Planned Unit Development. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: I. Property Description This Agreement pertains to and includes those properties which are designated and identified as Lots 19-24 of Block 8 of the Springbrook Addition, City of Bozeman, Gallatin Country, Montana, and more commonly known as 116 N. 8th Avenue. 2. Improvements j This Agreement specifically includes landscaping, paving, and other improvements as illustrated on the approved Final Site Plan and specifications hereto attached and made a part of this Agreement, as "Exhibit A". The estimated cost of said improvements is attached and made a part of this Agreement, as "Exhibit B". 3. Financial Guarantee. Time for Completion of Improvements If occupancy of the structure is to occur prior to completion of all required on-site improvements, this Improvements Agreement must be secured by a financial guarantee, as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one- half times the estimated cost of the installation of any required improvements not completed at that time. Said method of security shall be valid for a period of not less than twelve (12) months. In any event, all required improvements shall be completed within nine (9) months of occupancy of the building in order to avoid default on the method of security. 4. Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determine if the Developer is in compliance with this Agreement, and the Developer shall permit the City and its representatives to enter upon and inspect the property at any reasonable time. 1 5. Default Time is of the essence for this Agreement. If the Developer shall default in or fail to fully perform any of its obligations in conformance with the time schedule under this Agreement, and such default or failure shall continue for a period of thirty (30) days after a written notice specifying the default is deposited in the United States mail and addressed to the developer at 122 N. 8th Avenue, Bozeman, MT 59715, or such other address as the Developer shall provide to the City from time to time,without being completely remedied, satisfied, and discharged, the City may elect to enforce any of the following specified remedies: A) The City may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developers shall permit and secure any additional permission required to enable them to do so. B) The City may enforce any other remedy provided by law. 6. Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their written acceptance by the Governing Body. Any required landscaping must be maintained in a healthy,growing condition at all times. Any plant that dies must be replaced with another living plant that complies with the approved landscape plan. 7. Governing Law This Agreement shall be construed under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 8. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless evidenced by a writing signed by the parties hereto. 9. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 10. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent of the City. 11. Successors Except as provided in paragraph 10, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. 2 Laura Danhof STATE OF MONTANA) :ss County of Gallatin ) On this day of 1996, before me, a Notary Public for the State of Montana, appeared Laura Dan of, known to me to be the person who executed the foregoing Improvements Agreement, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my'Notarial Seal the day and year first above written. Notary Public f St-te of Montana Residing at Commission Expir / THE CITY OF BOZEMAN Phillip J. Forbe Director of Public Service STATE OF MONTANA) :ss County of Gallatin ) On the 1 day of 1996, before me, a Notary Public for the State of Montana, personally appeared illip J. Forbes, known to me to be the person described in and who executed the foregoing instrum nt as Director of Public Service of the City of Bozeman, whose name is subscribed to the within instrument and acknowledged to me that he executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and ye first written abov . o ary Public for State of Montana Residing at Bozeman Commission Expires: 3 EXHIBIT B ESTIMATED COST OF LANDSCAPING IMPROVEMENTS DATE: MAY 10, 1996 PROJECT: DANHOF PUD,#Z-95154 DEVELOPER: LAURA DANHOF ITEM UNITS SIZE COST PER UNIT EST. TOTAL COST TREES Meteor Cherry 1 5' $28.00 $28.00 Mount Royal Plum 1 6' $27.00 $27.00 Chestnut Crab 1 6' $27.00 $27.00 Sugar Maple 1 1-1/4" $79.00 $79.00 SHRUBS Cotoneaster 9 3-4' $9.50 $85.50 Dwarf Korean Lilac 4 2' $18.50 $74.00 Alpine Currant 4 2 yr. $11.00 $44.00 Compact Euro. Cranberry 4 6" $12.75 $51.00 Dw. Highbush Cranberry 2 12" $14.75 $29.50 Fairy Queen Spires 2 18-24" $12.50 $25.00 Norman Spires 3 18-24" $12.50 $37.50 Siberian Cypress 5 #5 $29.00 $145.00 [TOTAL $652.00 EXHIBIT B ESTIMATED COST FOR IMPROVEMENTS DATE: MAY 10, 1996 PROJECT: DANHOF PUD, #Z-95154 DEVELOPER: LAURA DANHOF ITEM SQ.FT./LN.FT. COST PER UNIT EST. TOTAL COST Paving,Asphalt 3844 . $1.25/SQ.FT. $4805.00 Concrete Steps 2 sets $280 EA. $560.00 Sidewalks 1061 $2.50/SQ.FT. $2652.50 Curbing 26 $10.00/LN.FT. $260.00 Landscaping ATTACHED ATTACHED $652.00 Landscape Installation NA 50% OF PLANT COST $326.00 Garbage Enclosure NA $250.00 WOOD 0 Sod/Prep/Installation 4002 $0.75/SQ.FT. $3001.50 Exterior Lighting NA $350.00 0 Irrigation System 1 $2,000.00 EA. $2,000.00 Bike Rack NA $13 0.00 EA. 0 Sign(s) 2 $125.00 EA. $250.00 SUB-TOTAL $14,507.00 TOTAL (1.5 TIMES SUB-TOTAL) $21,760.50 Memorandum PHH,FORBES, PUBLIC SERVICES DIRECTOR RECEIVED BY . ') "m: Dean Patterson,Associate Planner/Urban Designer J U N 1 7 1996 Date: June 14, 1996 CITY-CWVI �' ' s 4.3►4f. Subject: Improvements Agreement for Danhof Triplex PUD Enclosed is the Improvements Agreement and Cost Estimate Exhibit "B"for the Danhof Triplex PUD. Please review the document, fill in the date on the first page, and sign it with a notary. When finished,please return all documents to the Planning Office. Should you have questions,please call me at extension 2366. Thank you in advance for your attention to this project. encl: Improvements Agreement with Cost Estimate i Now ROW 406-585-2240 122 North 8th Avenue 406-587-7428 Bozeman, Montana 59715 CA. qwtAtyl June 11 , 1996 Interior Design and Decorating City planning ' office a Attn; Dean Patterson Dear Dean, Just a short note to find out if I can . remove one :•of the windows in my tri-plex. I would like to eliminate the west -.window on the south elevation. This window' is not .visible from the street due to the six foot fence 'and the landscaping. •I think it would give *me abetter interior space. Please refer to the floor .plan. The room would have more options for the bed placement. Sincerely 1_ Laura M. DAnhof i t- -�. .. .............. _.. ...._. Lye t I , i ' I i it I • '�y7 r�l; li Sri, li H ev t ' _ TV F--� arm r--- 1r i j�i ' tit ` I BOZEMAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O.BOX 640,BOZEMAN,MONTANA 59771-0640 Planning Office PHONE: (406)582- 3 0 FAX: (406)582-23 memorandum To: Chuck Winn,Fire Marshall John Paysek,Project Engineer Larry Woodward,Water/Sewer Superintendent Richard Maybee,Building Official Roger Sicz, Streets/Maintenance Superintendent From: Dean Patterson,Associate Planner /Urban Designer Date: February 9, 1996 Subject: Final Plan for Danhof Triplex PUD#Z-9557 and#Z-95154 Enclosed is the approved Final Site Plan for the Danhof Triplex PUD for your files. If you have any questions,feel free to call me at extension 2366. Thank you for keeping on top of this project. I I • • I BOZEMAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O.BOX 640,BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 February 8, 1996 Laura Danhof 122 N. 8th Avenue. Bozeman,MT 59715 RE: Danhof Triplex PUD application#Z-9557 and#Z-95154 Dear Laura: Your final plan for the triplex PUD has been approved by the Planning Director. I am enclosing your copy. The others will be distributed to city departments. I am also sending a copy of this letter to Linda to answer some questions that you and she had. This letter is, in part,written confirmation(as requested)regarding the inability to install street trees along the front of the triplex property. As I indicated to Linda on the phone,Engineer John Paysek, Debbie Arkell, and I have all agreed that between the slope of the boulevard area,the setbacks from sewer and water lines, and the superior landscaping proposed along the street,the installation of street trees would be impractical for this property and would produce a poorer visual quality along the street. Therefore,there is no need to install the trees. I have received the Encroachment Permit from the Engineering Department, a copy of which I believe Linda picked up for both of you. In response to the confusion over file numbers,the PUD process is different than it is for site plans. PUDs require both a"preliminary" and"final" application. Consequently there are two file numbers that get assigned to a project. The final file number for this application is Z-95154. If you have any questions,you can call at 582-2360. Good luck with the project. Sincerely, . Dean Patterson Associate Planner/Urban Designer cc: Linda Bell, architect 1 1 586-3741 411 SOUTH THIRTEENTH AVENUE BOZEMAN, MONT�rAtNA 599715 ARCHITECT h��'CLI V/E® I o AIA o FEB 0 7 1996 Cl'Y-COUNTY PLANNING Bozeman City Planning Office February 7, 1996 35 North Bozeman Bozeman,MT 59715 Attn: Dean Patterson Re: Laura Danhof Triplex PUD,#Z-9557 Dean: The following is a reiteration of the conclusions arrived at with the meeting with yourself and Deb Arkell yesterday afternoon at 3:30. It is my understanding that the requirement of a street tree has been waved in lieu of the fact that the present landscape design exceeds the minimum requirements in excellence. Also the street tree would not be feasible in the standard locations because of the steep berm on the public right of way, and incorporating it on the property is not feasible because of the locations of the water stub and the sewer line entering off of Eighth Avenue. The remainder of the items contingent on approval have been addressed with the amended site plan submittal with the exception of the Structure Encroachment Permit, (i.e. revocable permit.) This permit was left with John Paysek of Engineering for routing of approval. John Paysek will call me when a conclusion of review is reached so that I can get a copy of the signed approved document of copy of items contingent on approval. I will then route this document to you. I need something with your and/or Deb Arkell's signature documenting why the street tree requirement was waved. Also, I have noticed that the file numbers that you and Deb are using are not consistent,(probably a reason items are getting misplaced in your files.) I was under the impression this file number has been Z-9557 as Deb has noted. Your recent January 31 letter is referring to this project as Z-95145. Has this application number changed? I listed Z-9557 on the Structure Encroachment Permit. Please keep me informed if there is any other items to clarify for approval of the Final Site Plan submittal. Thank you. Sincerely, W664&eocl Linda S. Bell, A.I.A. HOMES • COMMERCIAL • APPROPRIATE RENOVATIONS 56 34 1 f $1 a ARCHITECT 586-3741 411 SOUTH, IRTEENTH A N U E BOZEMAN, MONTANA 59715 0 AIA O �2EZZZ_1'Zh��i LETTER OF TRANSMITTAL DATE: T=-etQ �, i 01-1[v TO: 0-'VAA'� �Yw�f kX PROJECT NO.: Zq��77 A PROJECT NAME:�,Va � y��yd f- Ty I:�I� 2'tYt'n:1 n 6i P'41 7 WE ARE SENDING YOU: 2Nerewith ❑Under Separate Cover Via THE FOLLOWING: ❑Drawings ❑Shop drawings ❑Samples ❑Specifications []Shop drawing reproducibles Product literature ❑Change order E40ther �+VVI C,f7V( Ye, F yyi exx a -,m c i F-f vvVL"'+ COPIES DATE N_O. DESCRIPTION av Q. These are transmitted as checked below. ]For your approval [:]No exceptions taken ❑Resubmit copies for approval p� [:]For you use ❑Approved as Submitted ❑Submit 5678910�j copies for distribution /2`3 ❑As requested ❑Returned for correction ❑Return_corrected prints io LS FEB 1996 m ❑Distribution ❑Information []Recordm ❑For review and comment ❑Other S�02EZZZ��,���` RE'vLARKS:'''1 OaAG GtI.L 7�r� t� Q -- W Ind f �i In COPIES TO: SIGNED: 7r0 HOMES COMMERCIAL APPROPRIATE R E N O V A - ION S STRUCTURE ENCROACHMENT PERMIT Permit # y `�; •' .; , APPLICATION _02g6 FOR PERMIT TO: To put to sets of stairs in the city right of way in front of the residence of 116 north 8th Ave . (Insert Nature of Permit) 1 . Name of Applicant : _.aura M. Danhof 2 . Address of Applicant : 122 North 8th Ave . 3 . Applicant Contact : Laura M. Danhof Phone 4 585-2240 . 4 . If Applicant is a Corporation, give State of Incorporation and names of President and Secretary: 5 . Nature of Permit desired: (Give sufficient detail to permit thorough understanding, and s,,hmit ue is r r?kf '--8t 'Pteps in the triplicate . ) 1Z"evoca% . PqA t s city right of way . If they should have to be removed for any reason they will be removed . 6 . Legal Description of location at or near which installations or structures, will be installed (Attach detailed location map) Springbrook Addition, Block 8 , Lots 19 through 24 . (116 N. 8th. Avenue.) Until request to change . 7 . Desired duration of permit : 8 . REMARKS : 9 . The applicant must submit to the Bozeman City Engineer three copies of executed permit application, drawings, specifications, and other required information. A Page 1 of 3 PERMIT The Structure Encroachment Permit is subject to the following terms : 1 . TERM. This permit shall be in full force and effect from the date of City Approval shown below until revoked as herein provided and shall be limited to the facilities specifically identified in the application at the location as shown on the attached Exhibit A. 2 . The fee for issuance of this permit is 3 . REVOCATION. This permit may be revoked by the City of Bozeman upon giving 90 days written notice to the Permittee by regular mail, at the address shown in the application. The City of Bozeman may revoke this permit without notice during an emergency or if Permittee violates any of the conditions or terms . If the Permittee fails to remove the facility, installation, or structure and restore said right-of-way to such condition within said 90-day period, or in an emergency, in a reasonable time, the City at its option may remove the same and restore said right-of-way to its previous condition and permittee shall pay the cost and expense thereof to the City. 4 . COMMENCEMENT OF WORK. No work shall be commenced until Permittee provides 48 hour written notice to the City Engineer prior to the date the Permittee proposes to commence work. S . CHANGES IN RIGHT-OF WAY. If City infrastructure necessitate changes in the structures, or facilities installed under this permit, Permittee will make necessary changes without expense to City. 6 . CITY SAVED HARMLESS FROM CLAIMS . As a consideration of issuance of this permit , the Permittee, its successors or assigns, agree to protect the City of Bozeman and save it harmless from any .and all liabilities, claims, demands, actions, costs and attorney' s fees of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by• reason of the performance of any such work, character of materials used, or manner of installations, maintenance and operation, or arising out of the Permittee' s use or occupancy of said City property or right-of-way, and in case any suit or action is brought against the City of Bozeman and arising out of, or by reason of, any of the above causes, the Permittee, its successors or assigns , will , upon notice to them of the commencement of such action, defend the City at its sole cost and expense and satisfy any judgment which may be rendered against the City of Bozeman in any such suit or action. 7 . The permittee shall protect the work area with traffic control devices which comply with the Manual of Uniform Traffic Control Devices . Permittee may be required to submit a traffic control plan to the City Engineer for approval, prior to starting work. During work, the City of Bozeman may require the permittee to use additional traffic control devices to protect traffic or the work area. No road closure shall occur without prior approval from the City Engineer or his designee . 8 . RIGHT-OF-WAY AND DRAINAGE. If work done under this permit interferes in any way with the drainage of City property or right-of-way, the Permittee shall, at its expense, make such provisions as the City may direct to remedy the interference . 9 . RUBBISH AND DEBRIS . Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadside left in a neat and presentable condition satisfactory to the City. Page 2 of 3 /10 . INSPECTION. The installation authorized by this permit shall be in compliance with the attached plan and the conditions of this permit . The permittee may be required to remove or revise the installation, at the sole expense of permittee, if the installation does not conform with the requirements of this permit or the attached plan . 11 . CITY' S RIGHT NOT TO BE INTERFERED WITH. Initial installation, changes, reconstruction or relocation of the permitted facilities shall be done by Permittee so as to cause the least interference with any of the City' s work . The City shall not be liable for any damage to the Permittee by reason of any work by the City, its agents, contractors or representatives, or by the exercise of any rights by the City for the installations or structures placed under this permit . 12 . CONSTRUCTION, MAINTENANCE, REMOVAL OF INSTALLATIONS OR STRUCTURES . Permittee, at permittee' s sole cost and expense shall construct , maintain, replace; relocate and/or remove the installation, facility, or structure in accordance with the applicable City and industry standards . Furthermore, after completion of any of the aforementioned construction, permittee shall fill in any excavations and restore the right-of-way to its original condition. The City shall have the right at any time to require permittee to maintain, reconstruct , replace relocate and/or remove its facility from the right-or-way, all at the permittee' s expense . 13 . CITY NOT LIABLE FOR DAMAGE TO INSTALLATIONS . In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by any City employee engaged in construction, alteration, repair, maintenance or improvement of its property or right-of-way shall not be the responsibility or liability of the City. 14 . CITY TO BE REIMBURSED FOR REPAIRING ROADWAY. Permittee agrees to promptly reimburse the City for any expense incurred in repairing surface of roadway due to settlement at installation authorized under this permit, or for any other damage to roadway or associated structures which occurred as a result of the work performed under this permit . 15 . OTHER CONDITIONS AND/OR REMARKS . APPLICANT CITY OF BOZEMAN The undersigned hereby certifies that he is empowered to execute this document , and that the "permittee" agrees to the APPROVED DISAPPROVED terms of this permit. COMPANY OR CORPORAT (Signature) By (Title) (Title) (Date) (Signature) (Date) Page 3 of 3 IJ I SETBACK LINE O co 2'0 _ ----------------- — CR=AT= ORAWAGE �y I t r-a,o I I O SWALE TO ;a LANDSCAPED AREA I Q I II � �. , .•:� `.gin ` .I "v.' � �J � � p F5'-6' ) RSRS AT 6 I/2', I O i I -0 14'-0' t2'-O' v I (� STRDS AT �'-5'-6' i V - r—v�1 . .—ad --••oap —G` i 98'-0 v7.':.. 0 170 va TA.SL?a M SL.AB(D'.III �� S O, r�•I I 4'-6- GARAGE 4"SEWER, PARKING °' (3)PARKING PACES STUB IO' DEEP I �—°,• �C�s AT 9 xzo:: I I I 3/4' WATER w GG w O oQo- O I I I — (2) 'NO PA; KNG' SIGNS. BETW=---N I g —o., �—o �,—�,o �,-tee • GARAGE DOORS \ 20--0- I 21'-0- ASPNAJ I.' ASP-•IALT PAWING i AS—E AT va o 1/7. if as S va 2'-0' CONC. I T.a SLaH Q'.:..' 1: T.Q SLAB IT APRON I I J' I 97.8 4'-T. ��a.'.,' \ I •¢-0 14'-0' 12-0' I 10'-0' 6)RSRS AT'6', I ..� '.: (4) WATER ' I -------- DRAINAGE STRDS AT'U'-4'-T SWA s METERS — 'I L f � S. I- ——— U�A O I �. CREATE DRAINAGE kc—TER l� — —�— — ( G ( — _ c0 �C•': SWA E TO SIDEWALK �l -Z� �� ------E-- ---- -------.rE-��-- --�_----- {--------{--- -- - c - _ _ _ - -- ----� I It II 9' CURB 5'-0' 6'-6- 25'-0' 74'-0' I6-0' 10'-O' 4(-O' PROPQTY LINE t25'-O' 20'-C E TO WATER MAN AL-'cY R BOZEMAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE Planning Office P.O.BOX 640, BOZEMAN, MONTANA 59771-0640 Planrnng pOffice PHONE: (406)582-2360 FAX: (406)582-2363 January 31, 1996 Laura Danhof 122 N. 8th Avenue Bozeman, MT 59715 RE: PUD application#Z-95145 items needing attention for final plan review. Dear Laura: As we discussed on the phone,I am sending a list of items that need attention regarding the conditions of approval for your triplex project. I have gone over them with Linda Bell, so she should be working on them already. Enclosed is the letter that Debbie Arkell sent you regarding the street trees, as you requested. The zone code requires.1 street tree per 50 feet of yard frontage. With a 75 foot frontage,your site need 1.5 trees. I would find that either 1 or 2 trees would be acceptable depending on their placement. You could either install 2 trees at the comers of the lot in the landscaped areas,or install 1 tree in the central area surrounded by the walk. Please choose the option that will best complement your landscaping and building design. Be sure to consider the.shape and height of the tree in relation to your building,view,and balcony. Below is the list of items needing attention for Final Plan approval. i Water/Sewer Dept comments 1: The water line between the service.stub at the property line and the water meter needs to be straight--no bends 2. The city will only read 1 meter. If you wish to install meters for each unit,they must be installed after the city-read meter. 3. A detail needs to be included that shows and describes the location of the water meter in the building. The details should include the type.of foundation and the meter's position in relation to it. Ir Laura Danhof Page 2 January 31, 1996 Engineering comments 4. Where will the drainage on the north side of the building go? The contours, spot elevations, and flow arrows need to indicate that the drainage will not flow onto neighboring lots. Something similar to the south side of the lot would be acceptable. 5. The sidewalls of the two stairs accessing the sidewalk in front of the building need to be kept 1 foot away from the sidewalk. Ending the sidewall at the edge of the bottom step, instead of extending it further would probably solve the problem. 6. There should be'a note that the alley approach will be constructed to City of Bozeman standards and reference the correct detail. Planning Office comments 7. Traffic flow patterns(arrows)need to be shown for streets around the site,particularly one-way streets. This can be shown on the vicinity map. This was part of condition#2. 8. I need to get a copy of the revokable sidewalk permit that you have apparently signed. If you haven't received the.permit,you can do so at the Engineering Dept.. 9. As discussed above,you need to install street trees along the street frontage. Since the boulevard area is too steep for them,you may place them at the front of your front yard. 10. Lastly,you need to sign the Conditional Use Permit application when these items have been completed. Call me with any questions at 582-2360. iSincerely, Dean Patterson Planner II C:\WPWIN60\WPDOCS\PROJECTS\DANHFFSP.LT1 I/ - 4 BOZEMAN CITY-COUNTY PLANNING OFFICE Bozeman 35 NORTH BOZEMAN AVENUE City-County P.O.BOX 640, BOZEMAN. MONTANA 59771-0640 Planning Office PHONE: (406) 582-2360 FAX: (406)582-2363 November 22, 1995 Laura Danhof 122 North 8th Avenue Bozeman, MT 59715 RE: PUD for a Tri-Plex at 116 North 8th, File Z-9557 Dear Ms. Danhof: Our secretary referred your questions to me regarding the planting of trees and parking. I think there may be some confusion with regard to the conditions of approval that, if clarified, will clear up a lot of your questions . Condition of approval No. 20 requires that you submit seven copies of a final site plan which references all of the conditions, corrections, and modifications approved with the project. What this "final site plan" does is show the City how you plan to address each condition. For example, it will contain revised building _ elevations that may address condition no. 1, which suggests replacing the double garage door with two single doors . As this is just a suggestion, it doesn't have to be done, but the building elevation submitted with the final site plan must be the one you plan to build. Another example is Condition 5. Your final site plan will show that * you will install "X" number of trees (between the sidewalk and property line) , and will include a detail of the root barrier material you plan to you use. It will also show the location and the species of trees to be planted. If, as your note suggests, it is not possible to plant the trees in the right-of-way 'due. to slope, the final site plan would note this, and then show that the trees will instead be planted on your property (and still show location and species) . Basically, the final site plan shows the site as it will be constructed, and once approved, THEN you proceed with making the improvements such as planting the trees and paving the parking. r Laura Danhof November 22, 1995 Page 2 I 've discussed some of the conditions with Linda Bell, and have an appointment with her on Monday. She indicated she was meeting with you today, and I'm sure she'll be able to answer many of your questions . If not, and you still have questions, please feel free to call me direct at 582-2364 . Our secretary had you sign a Claim for a refund of a portion . of your application fee. The refund will not be calculated until AFTER the final site plan is submitted and approved, due to the Staff time involved with completing the project. If you are eligible for a refund at that time, the Claim will be processed. Sincerely, Debbie Arkell Assistant Plannin Director DA/dla _tee WARRANT# CITY OF BOZEMAN ACCOUNTS PAYABLE P.O. Box 640 Bozeman, MT 59771-0640 WARRANT TOTAL$ PAY TO: � DATE PAID: VENDOR# DATE INVOICE# FUND ACCOUNT OBJECT PROJECT DESCRIPTION AMOUNT ..ti aurs Cj vl.0 3 3 ro - L _ ZO 50 I i x CERTIFICATION THAT GOODS OR SERVICES HAVE BEEN RECEIVED: 1. 2. DEPARTMENT HEAD OF DESIGNEE APPROVAL: = FINANCE DEPARTMENT REVIEW: 1,the undersigned,do solemn) swear,that I amQ of _- 9 Y �- S v�ihe claimant in the above. OFFICIAL T COMPANY OR CO RATION I am authorized o sign for said claimant,and the amounts shown therein are a true and lawful claim against the City of Bozeman and wholly unpaid. Sign here �� Phone: S 5��-� SS#or Tax ID# S�`� ^ 7 Buslness License# *THE CITY OF BOZEMAN UST HAVE YOUR SS#OR TAX ID#AND BUSINESS LICENSE NUMBER BEFORE THIS CLAIM WILL BE PROCESSED. V - 1 c� -1 - . . . � _` � � . . a _ ��. � ai � t � . � .,�_ r ._ � _ .,.��, _ � �� ,, . _ � � � � ., f +' + .. J . � r � , . 1 . . r b .. 1' .t � r. t y. r s �= _._ �... �_y.__._._._._�f ._ - -- — r ,. ` � .. � � - .� j .� i , .. t ! _ � � .. t _ � r,�.._:_ ______.��.__.___.____—___.____ _ _. • _ 0 DEC 2 2 J Memorandum To: Phill Forbes,Director of Public Services Chuck Winn,Fire Marshall John Paysek,Project Engineer Fred Shields,Water/Sewer Superintendent Building Department(Richard Maybee or Kurt Albrecht) Roger_Sicz, Streets/Maine Superintendent's rom. Dean PAttersor=R anner II/Urban Designer l 2 I Date: December 22, 5 Subject: Danhof Triplex Conditional Use Permit Enclosed is the Final Site Plan and final list of conditions for the Danhof Conditional Use Permit for a triplex. Please review them against each other in regards to your conditions of approval and return them,with. comments,to the Planning Office as soon as possible. Once it has been verified that all conditions have been meet,we will return a copy to your department stamped"approved". Should you have questions,please call me at extension 2366 after the New Year. Thank you in advance for you immediate attention to this project. Memorandum To: Phill Forbes,Director of Public Services Chuck Winn,Fire Marshall John Paysek,Project Engineer Fred Shields,Water/Sewer Superintendent Building Department(Richard Maybee or Kurt Albiecht)�--� C �� Roger Sicz,Streets/Maintenance Superintendent From: Dean Patterson,Planner II/Urban Designer Date: December 22, 1995 Subject: Danhof Triplex Conditional Use Permit Enclosed is the Final Site Plan and final list of conditions for the Danhof Conditional Use Permit for a triplex. Please review them against each other in regards to your conditions of approval and return them,with comments,to the Planning Office as soon as possible. Once it has been verified that all conditions have been meet,we will return a copy to your department stamped"approved". Should you have questions,please call me at extension 2366 after the New Year. Thank you in advance for you immediate attention to this project. of B02�, 4 THE CITY OF BOZEMAN (� 9x 35 NO. BOZEMAN AVE. P.O. BOX 640 CARNEGIE BUILDING BOZEMAN, MONTANA 59771-0640 0 �0 BUILDING INSPECTION PHONE/TDD(406)582-2375 ENGINEERING DEPARTMENT PHONE/TDD(406)582-2380 � C�1VE� BY AN p 9 1996 CITY -coutiv PLA *�1 � MEMO TO: Dean Patterson, Planner Il/Urban Design FROM: Richard Paul Mabee, Acting Building Official RE: Conditional Use Permit for Triplex at 116 N. 8th Avenue (Laura Danhof project) -------------------------------------------------------------------------------------------------------- I have reviewed the list of conditions and agree with items Number 22 and Number 23. The Building Department will also require a Certificate of Occupancy prior to actual occupancy of structure per 91 Uniform Building Code Section 308. Any other issues regarding the fabrication of the structure will be addressed during plan review and the field inspection process. HOME OF MONTANA STATE UNIVERSITY GATEWAY TO YELLOWSTONE PARK Memorandum Phill Forbes,Director of Public Services 70. s Chuck Winn,Fire Marshall .John_P_aysek,_Project-Engineer Cr-7Fred Shields;Water/Sewer Superintendent`" 1 A -SC> AAM, PdTe7 Building Department(Richard Maybee or Kurt Albrecht) Roger Sicz,Streets/Maintenance Superintendent Dean Patterson,Planner II/Urban Designer Date: December 22, 1995 Subject: Danhof Triplex Conditional Use Permit Enclosed is the Final Site Plan and final list of conditions for the Danhof Conditional Use Permit for a triplex. Please review them against each other in regards to your conditions of approval and return them,with. comments,to the Planning Office as soon as possible. Once it has been verified that all conditions have been meet,we will return a copy to your department stamped"approved". Should you have questions,please call me at extension 2366 after the New Year. Thank you in advance for you immediate attention to this project. k),^^- U� itAr /e • 95 17 �� • �1 _, c ,,. II �._ .> .�. t � li � � " � � � � I i ,. � r � r` � I! �, r . ` . � � � .. �, RECEIVED DEC 1 Memorandum Y To: Phill Forbes,Director of Public Services (L J4AS /l� Chuck Winn,Fie_ John Paysek,Project Engineer Fred Shields,Water/Sewer Superintendent Building Department(Richard Maybee or Kurt Albrecht) Roger Sicz,Streets/Maintenance Superintendent From: Dean Patterson,Planner H/Urban Designer , Date: December 22, 1995 Subject: Danhof Triplex Conditional Use Permit Enclosed is the Final Site Plan and final list of conditions for the Danhof Conditional Use Permit for a triplex. Please review them against each other in regards to your conditions of approval and return them,with. comments,to the Planning Office as soon as possible. Once it has been verified that all conditions have been meet,we will return a copy to your department stamped"approved". Should you have questions,please call me at extension 2366 after the New Year. Thank you in advance for you immediate attention to this project. 1 File No. PLANNED UNIT DEVELOPMENT (PUD) RECEIVED BY FINAL PLAN SUBMITTAL CHECKLIST D E C 1 2 1995 CITY-COUNITY PL"ING Applicant LevA-rA— M-- -'��� Residential PUD Project z' �15�7> �'''' I��K Commercial PUD The following is a checklist of submittal requirements for all Planned Unit Development (PUD) Final Plans. The applicant must complete this checklist and submit it along with the items stated for the application to be considered complete. Any item checked "NO" or "N/A" (not applicable) must be explained in a narrative attached to the checklist. Upon submittal , staff will review the checklist and determine if the application as submitted is complete. All materials shall be submitted by the first working day of the month prior to the Planning Board meeting in which the Final Plan will be reviewed. Incomplete submittals will be returned to the applicant. YES NO N/A 1 . Application form and filing fee. 2 . A list of names of all general and limited partners and/or officers and directors of the corporation involved as either applicants or owners of the Planned Unit Development. 3 . Site Plan Submittal Requirements - A final plan site plan shall be submitted on a 24" X 36" sheet(s ) at the same scale as the approved preliminary plan. If a different -G iv65�itf' scale is requested or required, a copy of the , 4la./-q approved preliminary plan shall be submitted that has been enlarged or reduced to equal the �u `�U scale of the final nal plan . However, only the `` O�'► scales permitted for the preliminary plans rv%vd.Ya4il/ shall be permitted for final plans. A co The final site plan shall show the following information: A. Land use data (same information as required on the preliminary site plan) ; B. Lot lines, easements, public rights-of-way as per subdivision plat; 1 i C. Exact location of all buildings and Y_ structures and three dimensional building enve lopes dimensioned on at least two sides to the nearest platted property line; YES NO N/A D. Existing and proposed streets with names; designation of streets to be public or private; limits of those private accessways to be dedicated as public utility easements and/or as other types of easements; E. Location of temporary model homes, sales office, and/or construction facilities, including temporary signs and parking lots; F. Attorney's or owner's certification of X ownership; G. Chairperson and Secretary of the Planning X and Zoning Board certification of approval of � the site plan and its conformance with the 4e- preliminary plan; H. Owner' s certification of acceptance of con- X ditions and restrictions as set forth on the site plan ; 4. Supplemental plans A. Final landscape plan - A final landscape plan consistent with the conditions and restrictions of the approved preliminary plan shall also be submitted; it shall also be consistent with the City of Bozeman Landscape Ordinance, Chapter 18 . 50 . 100 of the Zoning Ordinance, except that any stated conditions and restrictions of the preliminary plan approval shall supersede the landscape ordinance; B. Final subdivision plat An official final subdivision plat of the site must accompany the final planned unit develop- ment plan ; this plat must conform to the sub- division requirements of the City , except as waived by the approved preliminary plan for the Planned Unit Development; the subdivision shall contain proper dedications for public streets , utility easements, and all other public rights required by the preliminary plan ; approval by. the City Commission of the final plan and subdivision plat shall be required before filing of the subdivision plat or issuance of building permits; C. Final utility plans - Final detailed engineering for sewer, water, electrical , street improvements and other public improvements must be submitted to and ! 2 I i L approved by the City, and the developer shall execute an agreement in proper form providing for the installation of such improvements prior to submission of the final . plan to the Planning and Zoning Board; YES NO N/A D. Open Space Maintenance Plan ( 1 ) Maintenance of community open spaces - ` The developer shall submit a legal instrument setting forth a plan providing for the per- manent care and maintenace of open spaces, recreational areas and communally owned facilities and parking lots; the same shall be submitted to and approved by the City Attorney and shall not be accepted until approved as to legal form and effect; if the common open space is deeded to a homeowner's association, the applicant shall file the proposed docu- ments governing the association; such docu- ments shall meet the following requirements: (a) the homeowners' association must be established before any residences are sold ( b) membership in the association must be mandatory for each residence owner (c) open space restrictions must be permanent and not for a period of years (d) the homeowner's association must be made responsible for liability insurance, taxes and maintenance of recreational and other facilities (e) the association must have the power to levy assessments which can become a lien on individual premises for the purpose of paying the cost of operating and maintaining common facilities (f) the governing board of any such association shall consist of at ileast five (5 ) members who shall be owners of property in the Planned Unit Development (2 ) Open space maintenance guarantee Open space shall be maintained as to the provisions of Chapter 18. 54. 060 of the Zoning Code; (3 ) Guarantee for open space preservation - Open space shown on the approved final plan shall not be used for the construction of any structures not shown on the final plan; 3 i I 5 . Reproducible Copy Requirements In addition to the requirements for Site Plan and Supplemental Plan submittal the following shall be submitted for copying and permanent records: YES NO N/A �A. .., Signed reproducible, full size mylars for all - site and landscape plans, architectural elevations, subdivision plats, utility plans, and any other plans required by the Planning and Zoning Board; B. One 8 1/2" X 11 " clear film reduction of all X plans and renderings. * Reference to 18. 54.060 "Final Plan Submittal Requirements" of the Bozeman Interim Zoning Ordinance ( 7/02/90) . 4 BOZE WN CITY-COUNTY ' PLANNING OFFICE '=` Bozeman 35 NORTH BOZEMAN AVENUE DEC s, City-County P.O. BOX 640, BOZEMAN, MONTANA 59771-0640 Planning Office PHONE: (406)582-2360 FAX: (406)582-2363 CITY`WUIl;f Y t �rtiar»rTi67 August 7, 1995 Laura Danhof 122 North 8th Avenue Bozeman, MT 59715 RE: Conditional Use Permit for a Planned Unit Development for a tri-plex at 116 North 8th Avenue. Dear Ms. Danhof: The purpose of this letter is to formally inform you that on Monday, July 17, 1995,the City Commission conditionally approved your Preliminary Planned Unit Development application to construct a tri-plex at North 8th Street, in the B-2, Community Business, District, with the following attached conditions. 1. The replacement of the double garage door with two single garage doors should be considered. d 2. The Final Site Plan and development of the site shall conform to all applicable City of Bozeman regulations,to include zoning regulations. The following zoning regulations ' have been noted as not being met, and shall be corrected prior to Final Site Plan approval: 18.52.030.D.B.,Site Plan Information, fully dimensioned(B,F,G, P,and Q). 3. " The developer shall provide the seven required'parking spaces. Stacking of parking ` spaces behind the garages shall be permitted. The parking spaces shall meet the parking space dimensions(9' x 20') and aisle width dimensions(26). 4. The developer shall pave the public.alley right=of-way,from West Lamme to the south end D� of the subject property (or from the nearest public street to the opposite edge of the subject property), to an acceptable City standard approved by the City Engineer's office and that a typical pavement detail be provided on the site plan forreview and approval by the City Engineer's office prior to Final Site Plan approval. 5. Street trees shall be installed in the standard City of Bozeman location(between the sidewalk and property line).` Boulevard planting detail shall be provided and must comply > l with the Engineering Department standards. Root barrier material should be used. 6. '~The Final Site Plan shall be adequatelyly dunensioried. 7. A site grading plan shall be prepared as a supplement to the project improvement drawings. The plan shall include as a minimum existing contours, spot elevations and (:Y flow-diree_tional-arrows; The plan must demonstrate adequate drainage to an acceptable discharge device (i.e., street gutter,drainage swale,or storm drain inlet). The plan should be used to establish street and building foundation grades. If the grading design discloses any adverse impact to off-site properties, necessary design alternatives and/or drainage conveyance devices and easements must be provided. 8. Sewer and water service shall be shown on the Final Site Plan and approved by the Water p and Sewer Superintendent. City of Bozemen applications for service shall be completed by the applicant. 9. The location of existing water and sewer mains shall be properly depicted, as well as b ' Gnearby_fire hydrants. Proposed main extensions shall be noted as proposed IP/ City standard "No Parking" signs shall be placed in the alley along the rear of the building. p The number and format of the signs shall be coordinated with the City Sign Department. lP All existing utility and other easements must be shown on the Final Site Plan. 12. The alley shall be paved 16 feet wide from the South property line of the subject property j to Lamme Street. The pavement section shall be a minimum of 3 inches of asphalt on 8 inches of base, and the design shall incorporate a drainage design. Construction shall be performed in accordance with the MPWSS and the City of Bozeman modifications to the. MPWSS. 13. The applicant shall obtain a revokable permit from the City of Bozeman for the sidewalk stairways to encroach into the public right-of-way. v a 14. All water and sewer lines, both existing and proposed, be shown accurately on the Final Site Plan. //15. All water and sewer mains, service lines, and easements,both existing and proposed,be shown on the Final Landscape Plan. D 16. Size be accurately indicated on all water and sewer lines shown on Final Site Plan. 4 17. `-'All fire hydrants within 500-ft. be sho o ind-cated on Final-Si"te Plan_ 2 18. Accurate, dimensioned detail of domestic water meter locations inside of building must be shown on Site Plan. a 19. Applications for water and sewer must be made at the Engineers office in the Carnegie b.uj Building. 20. Seven copies of the Final Site Plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval within three years of the date of City Commission approval. A copy of the approved Final Site Plan shall be forwarded to the City departments represented on the Development Review Committee, and one signed copy shall be retained in the Planning Office file. 21. The applicant shall enter into an Improvements Agreement with City to guarantee the installation of required on-site improvements at the time of Final Site Plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 22. A Building Permit must be obtained prior to work, and must be obtained within two (2) years of Final Site Plan approval. Building Permits will not be issued until the Final Site Plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the Final Site Plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 23. BUILDING PERMITS WILL BE ISSUED ONLY AFTER COMPLETION AND ACCEPTANCE OF THE WATER AND SEWER IMPROVEMENTS. All other infrastructure improvements including public or private streets, curb/gutter, sidewalks, and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to occupancy. 24. If occupancy of the structure or commencement of the use is to occur prior to the installation of all required on-site improvements,the Improvements Agreement must be secured by a method of security acceptable to the City of Bozeman equal to one and one- half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 25. When a Conditional Use Permit has been approved by the City Commission,the permit shall be issued by the Planning Director upon the receipt of applicant's written consent to all of the conditions imposed, including the CUP Conditions Required by Section 18.53.030.G: 3 r - � a) That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. b) That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land,his successors or assigns. c) That all conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successors or assigns. d) That all of the special conditions shall be consented to in writing by the applicant. Please note that prior to obtaining a building permit to proceed with the proposed development all of the above conditions of approval must be satisfied and Final Site Plan approval obtained from the Planning Director. All of the required information and data should be submitted to this office, with a letter stating how each of the conditions of approval have been satisfied, for distribution to the appropriate members of the DRC in order to eliminate any significant delays. Make sure to allow for a minimum of seven(7)to ten(10)days to review the modifications,revisions and data prior to obtaining Final Site Plan approval. A copy of the Improvements Agreement and Estimated Cost For Improvements,to include.a landscaping estimate from a professional landscaping firm, should be submitted as soon as possible for review. Condition twenty (20) requires that within three (3)years of City Commission approval seven(7) copies of the Final Site Plan will be submitted for review and approval by the Planning Director. The three (3)year deadline for this application is July 17, 1998. Condition twenty-five(25)requires that all of the special conditions shall be consented to in writing by the applicant. Please sign and return a copy of this letter indicating that you have consented to all of the special conditions. If you have any questions regarding the above conditions of approval,don't hesitate to contact me at the Planning Office. Regards, I hereby consent to all of the special conditions of conditional use permit approval. Lanette Windemaker, AICP Laura M. Danhof Senior Planner Applicant file: Z-9557 4 STRUCTURE ENCROACHMENT PERMIT Permit # RECEIVE0 BY APPLICATION DEC 12 1995 FOR PERMIT TO: To put to sets of stairs in the city right ofTY�CUUNTYPL4 way in front of the residence of 116 north 8th Ave. (Insert Nature of Permit) 1 . Name of Applicant : Laura M. Danhof 122 North 8th Ave. 2 . Address of Applicant : 3 . Applicant Contact : Laura M. Danhof Phone # 585-2240 4 . If Applicant is a Corporation, give State of Incorporation and names of President and Secretary: 5 . Nature of Permit desired: (Give sufficient detail to permit thorough understanding, and sV voca%'1ue. p�I�tts FrslYkk �dt 1$teps in the triplicate. ) city right of way. If they should have to be removed for any reason they will be removed. 6 . Legal Description of location at or near Iwhich installations or structures will be installed (Attach detailed location man) Springbrook Addition, Block &, Lots 19 -through 24. (116 N. 8th. Avenue.) 7 . Desired duration of permit : until request to change. 8 . REMARKS : 9 . The applicant must submit to the Bozeman City Engineer three copies of executed permit application, drawings, specifications', and other required information. a Page 1 of 3 J PERMIT The Structure Encroachment Permit is subject to the following terms: 1 . TERM. This permit shall be in full . force and effect from the date of City Approval shown below until revoked as herein provided and shall be limited to the facilities specifically identified in the application at the location as shown on the attached Exhibit A. 2 . The fee for issuance of this permit is 3 . REVOCATION. This permit maybe revoked by the City of Bozeman upon giving 90 days written notice to the Permittee by regular mail, at the address shown in the application. The City of Bozeman may revoke this permit without notice during an emergency or if Permittee violates any of the conditions or terms . If the Permittee fails to remove the facility, installation, or structure and restore said right-of-way to such condition within said 90-day period, or in an emergency, in a reasonable time, the City at its option may remove the same and restore said right-of-way to its previous condition and permittee shall pay the cost and expense thereof to the City. 4 . COMMENCEMENT OF WORK. No work shall be commenced until Permittee provides 48 hour written notice to the City Engineer prior to the date the Permittee proposes to commence work. 5 . CHANGES IN RIGHT-OF WAY. If City infrastructure necessitate changes in the structures, or facilities installed under this permit, Permittee will make necessary changes without expense to City. 6 . CITY SAVED HARMLESS FROM CLAIMS . As a consideration of issuance of this permit, the Permittee, its successors or assigns, agree to protect the City of Bozeman and save it harmless from any and all liabilities, claims, demands, actions, . costs and attorney' s fees of every kind and description which may accrue to, or be suffered by, any person or persons, corporations or property by• reason of the performance of any such- work, character of materials used, or manner of installations, maintenance and operation, or arising out of the Permittee' s use or occupancy of said City property or right-of-way, and in case any suit or action is brought against the City of Bozeman and arising out of, or by reason of, any of the above causes, the Permittee, its successors or assigns, will, upon notice to them of the commencement of such action, defend the City at its sole cost and expense and satisfy any judgment which may be rendered against the City of Bozeman in any such suit or action. 7 . The permittee shall protect the work area with traffic control devices which comply with the Manual of Uniform Traffic Control Devices . Permittee may be required to submit a traffic control plan to the City Engineer for approval, prior to starting work: During work, the City of Bozeman may require the permittee to use additional traffic control devices to protect traffic or the work area. No road closure shall occur without prior approval from the City Engineer or his designee . 8 . RIGHT-OF-WAY AND DRAINAGE. If work done under this permit interferes in any way with the drainage of City property or right-of-way, the Permittee shall, at its expense, make such provisions as the City may i. direct to remedy the interference . 9 . RUBBISH AND DEBRIS. Upon completion of work contemplated under this permit, all rubbish and debris shall be immediately removed and the roadside left in a neat and presentable condition satisfactory to the City. Page 2 of 3 /. 10 . SPECTION. The installation authorized by this permit shall be in mpliance with the attached plan and the conditions of this permit . The permittee may be required to remove or revise the installation, at the sole expense of permittee, - if the installation does not conform with the requirements of this permit or the attached plan. 11 . CITY' S RIGHT NOT TO BE INTERFERED WITH. Initial installation, changes, reconstruction or relocation of the permitted facilities shall be done by Permittee so as to cause the least interference with any of the City' s work. The City shall not be liable for any damage to the Permittee by reason of any work by the City, its agents, contractors or representatives, or by the exercise .of. any rights by the City for the installations or structures placed under this permit . 12 . CONSTRUCTION, MAINTENANCE, REMOVAL OF INSTALLATIONS OR STRUCTURES. Permittee, at permittee' s sole cost and expense shall construct, maintain, replace, relocate and/or remove the installation, facility, or structure in accordance with the applicable City and industry standards . Furthermore, after completion of any of the aforementioned construction, permittee shall fill in any excavations and restore the right-of-way to its original condition. The City shall have the right at any time to require permittee to maintain, reconstruct, replace relocate and/or remove its facility from the right-or-way, all at the permittee' s expense . 13 . CITY NOT LIABLE FOR DAMAGE TO INSTALLATIONS . In accepting this permit the Permittee agrees that any damage or injury done to said installations or structures by any City employee engaged in construction, alteration, repair, maintenance or improvement of its property or right-of-way shall not be the responsibility or liability of the City. 14 . CITY TO BE REIMBURSED FOR REPAIRING ROADWAY. Permittee agrees to promptly reimburse the City for any expense incurred in repairing surface of roadway due to settlement at installation authorized under this permit, or for any other damage to •roadway or associated structures which occurred as a result of the work performed under this permit . . 15 . OTHER CONDITIONS AND/OR REMARKS. APPLICANT CITY OF BOZEMAN The undersigned hereby certifies that he is empowered to execute this document and that the "Permittee" agrees to the APPROVED DISAPPROVED terms of this permit. COMPANY OR CORPORAT (Signature) By (Title) (Title) (Date) ,, �, D-e ►►4,1 AS (Signature) (Date) Page 3 of 3 . r > I SETBACK LINE ° \ `A a0 2 O CREATE DRAINAGE-)— y I I I I 9 I O : SWALE TO / I b• LANDSCAPED AREA _ \ I •P V OI I 7> RSRS AT 6 I/2, I - W STRDS AT II'-5'-6' i . 14'-0' 94 961 7 w _,,--•963 _,�--990 9 I E�1 ' ECG d9 i �r- o" ,,,�---•. d C, LgsPe ,. T.asoe 1 / q4I I t{ Q ISEWER—) I 4'-6' GARAGE 4- PARKING 9< , (3)P NG PACES N I STUB 10' DEEP I �"' ERVERCLES AT 9'X2 I uj 3/4' WATER \ STUB — — I $'-.0' o w w oco ao� pO (2)'NO PARKING' I SIGNS, BETWEEN I f-9a9 �-9ve GARAGE DOORS 20'-0' 1 21'-0' ASPHAL C ASPHALT PARKING I AISLE AT R. 9e[�vi•; :., :. f, (. bay va 2'-0'CONC. I C T. an9 Y'.: i: T.O.SLAB APRON I I F. 4'-T �e 14'-0 14'-0' 17-a I 10'-O' 6)RSRS AT 6'. I (4) WATER DRAINAGE IT 1 I STRDS AT'11'-4'-T I _ METERS -------- SALE I ry I I 1_ SETBA O O Q CREATE DRAINAGE METER _ —Sz_ _ I G _-- _ LINE -1 SWAL E io 'l.::' _' E TO SIDEWALK _fin-- --, = I � Ik I I I 9'CURB 5'-O' 6-6' 25'-O' 74'-0' 16'-0' 10'-O' 18'-0' 41'-0' PROPERTY LINE 125'-O' 20'-C TO WATER MAN ALLEY R 60'-0'R.O.W. CONTRACT FOR DEED THIS CONTRACT FOR DEED made and entered into this day of , 19 , by and between THOMAS F. TILLMAN of Box 171 , Ennis, MT 59729; RUTH A. BARKER of 1401 South. Uurango, Tacoma, WA 98405; GEORGE A. TILLMAN of N. 5228 Elm, Spokane, WA 99208; RAYMOND D. TILLMAN of Box 549, Ennis, MT 59729; BERTHA M. VISSER of 105� North 1st, Box 134 , Roberts, MT 59070; RUDOLPH C, TILLMAN of 805 West Lamme, Bozeman, MT 59715; MARGARET E. FATE of 1.827 N.W. 39th Street, Lincoln City, OR 96367; CLARA M. BROWNELL of 2811, Westridge Drive, Bozeman, MT 59715 ; BETTY J. LEE of. 940 Reese Creek Road, Belgrade, MT 59714; SHIRLEY M. WILLIAMS of Box 398, Baker, MT 59313 and PHYLLIS A. DEVENER of 2829 Swamp Road, Belgrade, MT 59714 , Parties of the First Part, and hereafter called Sellers and LAURA .M. DANHOF of 1004 S. Tracy, Bozeman, MT 59715, Party' of the Second Part and hereinafter referred to as Purchaser; W I T N E S S E T H: If Purchaser shall first make the payments and perform the terms, covenants and conditions mentioned and contained in this contract to be done and performed by her, Sellers hereby covenant and agree to sell, convey and assure to Purchaser in fee simple, clear of all en- cumbrances, except as is hereinafter stated by a good and sufficient deed, the lands situated in the County of Gallatin, State of Montana and described as follows: Lots Nineteen ( 19) , Twenty (20 ) , Twenty-one (21 ) , Twenty-two (22) , Twenty-three ( 23 ) and Twenty-four (24 ) , Block Eight (8 ) , Springbrook Addition' to the City of Bozeman, GALLATIN COUNTY, MONTANA, according to the official plat thereof on file int he office of the Gallatin County Clerk and Recorder. PURCHASE PRICE: Purchaser agrees to pay a purchase price of SIXTY-SIX THOUSAND AND No/100 DOLLARS ($66,000.00) , payable in the following manner: The sum of $12,000.00 at time of closing, allowing credit against said down payment for any earnest money deposit made; The balance of $54,000.00 to be paid in monthly amor- tized installments of $454.07, beginning the 1st day of April, 1992, & continuing on the same day of each month thereafter until sixty ( 60) such monthly payments have been made, with a balloon payment due on the 61st pay- ment of all remaining principal and accrued interest. Interest shall be computed at the rate of nine and one- half percent (9h%) per annum on a 360 month (30 year) amortized schedule, provided that after 60 months ( 5 years ) the unpaid balance of the principal and accrued interest shall all become due and payable on. balloon payment. INTEREST: The above% deferred payments shall bear interest at the rate of nine and one-half percent (9h8) per annum from date of closing; said interest to be included in the payments hereinbefore provided. All payments shall be applied first to interest and the balance to principal . POSSESSION: Purchaser shall be entitled to possession immedi- ately upon execution of this agreement and making of the down payment . TAXES AND ASSESSMENTS: Sellers shall pay real estate taxes and assessments for 1991 and. all prior years, and Sellers ' pro-rated share of the 1992 taxes to date of closing. Thereafter Purchaser F.. shall pay all taxes, assessments or impositions imposed upon said lands; the same to be paid before becoming delinquent. Purchaser upn demand shall deliver all tax receipts and other receipts to Sellers showing such payment of taxes hereafter imposed. INSURANCE: Purchaser must carry insurance on the improvements, protecting against loss from fire, wind, hail and extended coverage in a sum of not less than the unpaid balance remaining due and pay- able to Sellers. Said insurance must .incude the names of Sellers in the mortgagee or loss payable clause with proof of continual coverage to be placed with Seller, CLARA M BROWNELL of Bozeman, MT. LIABILITY INSURANCE AND HOLD HARMLESS AGREEMENT. Purchaser hereby agrees to secure and maintain during the term of this agreement a comprehensive general liability policy which shall protect Sellers and Purchaser from any and all claims, causes of action or demands arising out of the use and occupancy of said premises . A copy of said policy shall be delivered to Sellers upon request. In addition thereto, Purchaser agrees to indemnify and hold harmless Sellers, their successors and assigns, from any and all acts, claims, causes of action and demands for personal injury or property by Purchaser and not the direct fault of Sellers, together with any and all costs, expenses and fees including a reasonable attorney' s fee incurred by Sellers incident thereto. PRE-PAYMENT: Purchaser shall have the right of pre-payment . without penalties. PERSONAL PROPERTY; Included in this sale are the existing kitchen range, and heat stove. Any personal property belonging to present renters will be removed by such tenants. CONTINGENCY: The closing of this sale and effect of this agreement is subject to Purchaser being approved for an S.B.A. loan by January 15,. 1992. TITLE INSURANCE: Sellers agree to furnish owner 's title in- surance in the amount of $66,000.00 by standard ALTA policy and to be preceded by a commitment to insure, -which will be available for Purchaser to examine when prepared. Title policy to show property to be merchantable and free of all liens and encumbrances and to contain the usual printed exceptions, zoning ordinances, building and use restrictions, reservations in prior deeds that may appear of record, easements of record for utility lines, any SID' s to be paid by Sellers at closing. RESERVATIONS AND EXCEPTIONS: This contract and any conveyance hereunder shall be subject to reservations and exceptions in patents and in other conveyances of record and shall be subject to existing rights-of-way for ditches, canals, laterals, roads and all visible easements and rights-of-way. ESCROW AGENT AND TERMS: Sellers agree to make and execute a Wearranty Deed of conveyance to Purchaser covering the lands being sold hereunder and said Warranty Deed and an executed triplicate of this Contract shall be deposited in escrow in the Fallon County Abstract Company, Box AA, Baker, Montana 59.313, with specific in- structions to the effect that -upon the performance of this Contract and the terms thereof, the documents shall be delivered to Purchaser . But if this contract shall be cancelled by reason of default. 6r other- wise, then the documents shall be delivered to Sellers. The escrow charges shall be divided equally between the parties . All payments, however, are to .be made at First Bank of Bozeman, Montana, Account No. 2500349 , with copy of deposit ticket to escrow agent. There shall also be deposited with the escrow agent, a Special Warranty Deed from Purchaser to Sellers. If payments required to be made under this Contract are not made to the First Bank of Bozeman and if its records so show, then this shall be sufficient evidence for the escrow agent to deliver all documents held in escrow to Sellers, provided, however, that the escrow agent shall be first furnished evidence that due service of any notices required hereunder have been given to Purchaser. IT IS EXPRESSLY UNDERSTOOD by Sellers and Purchaser that the Special Warranty Deed deposited with the escrow agent is in no way given as security for the payments due under this Contract. The security given Sellers is a vendor's lien upon the Contract. The Special Warranty Deed is deposited with the escrow agent for delivery to Sellers after this Contract has been duly terminated under the default provisions hereunder and is placed in escrow for the sole purpose of clearing record title to the land after this Contract has been terminated in accordance with the terms thereof. REMOVAL OF IMPROVEMENTS: No improvements shall be removed from said lands by Purchaser or her successors or assigns before the final payment has been made under this Contract and any and all im- provements placed upon the lands during the life of this Contract shall become and remain the property of Sellers until the purchase price for said lands shall have been fully paid. REPAIR, MAINTENANCE AND LIENS: During the life of this Contract, Purchaser will at her own expense at all times keep and maintain said property in as good condition and repair as the same now is, ordinary wear and tear and damage by the elements alone excepted, and will not permit said property or any improvements thereon to be encumbered by mortgage or lien or otherwise until the full purchase price herein provided for has - been fully paid. In this regard this Contract shall be notice to any person or firm claiming a mechanic' s lien for repairs or improvements made upon said property or the improvements thereon, that then said lien shall. be subordinate to Sellers' rights under this Contract. Sellers do not consent expressly or impliedly or otherwise to any mechanic's lien being superior to Sellers ' rights under this Contract. DEFAULT: IT IS UNDERSTOOD AND AGREED that if Purchaser fails to make the payments as herein stipulated or fails to perform any of the other terms, covenants and conditions by her to be performed, then the entire balance then remaining due on this Contract, together with interest, shall at the election of Sellers, immediately become due and payable, and this Contract shall at the option of Sellers be forfeited and terminated by giving to Purchaser sixty (60) days ' notice in writing of the intention of Sellers to cancel and terminate this Contract, setting forth in said notice the nature of the breach, the amount due upon the Contract and the time and place, when and where the payments can be made by Purchaser; provided, however, that if Purchaser within thirty ( 30 ) days after receipt of the aforementioned notice, corrects and cures said breath and default and providing further defaults have not occurred, then said Contract shall continue in full force and effect as though said breach had never occurred. IT IS FURTHER AGREED that Sixty (60) days is a reasonable and sufficient notice to be given to Purchaser of any default by her in this Contract, and if said default is not cured within the 30-day period or if the balance of the purchase price is not paid in full within the total 60-day period, then said notice hereunder shall be sufficient to cancel all obligations hereunder on the part of Sellers and to fully invest them with all right, title and interest hereby agreed to be conveyed. Purchaser shall have an additional ten-day grace period to cure any default or to make final payment. NOTICE: All notices hereunder may be given by registered or certified mailor by personal service thereof and the time shall commence to run on the date of mailing, if mailed, or the date of service, if served. Until written notice is givenof change of adiress, any notice to any of the parties hereunder may be given as hereinbe- fore provided to the parties at the following addresses: SELLERS: Clara M. Brownell, Agent for Sellers 2811 Westiidge Dr. Bozeman, MT 59715 PURCHASER: Laura M. Danhof 1004 S. Tracy Bozeman, MT 59715 Notice shall be deemed complete when deposited in the United States Post Office. ASSIGNMENT: IT IS FURTHER AGREED that all legal fees incurred by Sellers in review of any subsequent proposed re-sale by Purchaser in order to protect Sellers ' interest must be paid by Purchaser here- in. Consent shall not be unreasonably withhold by Sellers, however. This contract is assignable by either Party. WAIVER: The provisions of this Contract are deemed to be con- tinuing provisions to that waiver by Sellers of their. right to invoke . any of the remedies herein set forth on the occasion of one or more breaches hereof by Purchaser, shall not be deemed a waiver of their right to invoke any such remedy or remedies for any subsequent breach. ATTORNEY'S FEE: In any litigation arising out of this Contract, the successful litigant shall. be entitled to receive from the other party, in addition to the costs and disbursements provided for by statute, a reasonable attorney' s fee as fixed by the Court. PARAGRAPH HEADINGS: The paragraph headings herein are for convenience only and do not define, limit or construe the contents of such paragraph. TIME AND BINDING EFFECT: IT IS MUTUALLY AGREED that the time of payment shall be an essential part of this Contract and that all of the terms and conditions herein contained shall extend to and be obligatory upon the heirs, executors, administrators, personal repre- sentatives. and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands .and seals the day - and -year first above written. T o as F. Tillman 2zy�l � Ge, ge Tillman Ru h Barker aymo Tillman Bertha M. Visse u olph 4 Tillman Xar2gafetate. n Clara M. Browne 1 Betty J, ee • a iirley Will ' ms Phyllis A. Devener SELLERS - PARTIES OF THE FIRST PART ra M. anhof PURCHASER - PARTY OF. THE S OND PART J r� STATE OF ARIZONA ) ss. County of ) On this day of the year ni etee hundred and ninety- a ore. me, a Notary Public or the State of Arizona. personally appeared THOMAS F. TILLMAN known to me personally to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State Arizona Residing at c� "- My Commissio expires STATE. OF WASHINGTON ) ss. County of Pierce ) On -this _ a day of V,9_1va1W4 the yej�r ninet en hundred and be re me, icik ( �rA a Notary Public Kor the State of Washington, personally appeared ROTH A. BARKER known to me personally to be the person whose name is subscribed to the within instrument and acknowledged to me that she- executed the .same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year,. first above written.. Notary Public r Wtlbee--1 tate Washington Residing at My Commission e ires ' ,�= STATE OF ARIZONA ) ss. County ofa ) On this day of in the veaz nineteen hundred and , before me, , a Notary Public tof the State o Arizona personally appeared GEORGE A. TILLMAN known to me personally to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the. day and year .first above written. a Notary Public for the Sta ,,tre VArizona Residing at 1451 My Commissio expires - - %r rf ? STATE OF MONTANA ) ss. County of Madison ) On this /3 day of ;flnNVA' A.I in the year nineteen hundred and ,Z before me, o AJ a Notary Public For the State of Montana,,personal y appeared RAYMOND D. TILLMAN, known to me personally to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Montana Residing atNOTARY PUBLIC for the state of Montana MV Commisso ay G �7�SfII Fxpirpc AIig11Ct- "'�a.i.77 STATE OF MONTANA ) ss. j County of Carbon ) On this /0 day of 4 2 in the year nineteen hundred and q�.. before me, / Barbaj;a F. DenBQer a Notary Public tor the State-of Montana, personally appeared BERTHA M.- VISSER, known to me personally to be the person whose name is subscribed .to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF,, I have hereunto set my and and affixed my Notarial. Seal the day and yeitten Zis the State of Montana -- Residing at p6b,e7-S My 'Commission expires /I-/.S-9 STATE OF ARIZONA ) County of On tris /'�� day of in thp year nineteen hundred andJ before me, , a Notary Public. o the State of Arizona p6tsonally appeared RUDOLPH C. TILLMAN, known to me personally to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. A otary Pi . ic for the State Of izona - Residing at _ My Commissia expire - -G-j- 1 r- STATE OF OREGON.. ) ss. County of Lincoln ) On this (p day of Q in the year nineteen hundred and Z before me, 1- a Notary Public for the State of Oregon, personally appeared (( MARGARET E. FATE, known to me personally to be. the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. 4 N ar o e Stat o Oregon e 'dig at y Commissio . -expires STATE OF MONTANA ) ss County of Gallatin) On this 07 day of r �i�nthe. year nineteen hundred and ' q t , before me, A . a Notary Public for the State of Montana, personally appeared CLARA M. BROWNELL, known to me personally to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. i IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal. the day .and year first , above written. i Nota Public or the State of Montana Y Residing at Bozeman, Montana My Commission expires RbtWPufdctorft$ateot?Jl n= Reong id tG 4 Icy commission expirw.34wy 10,1t G� STATE OF MONTANA ) ss. County of Gallatin). On this _ day of n the year nineteen hundred and before me, i- a Notary Public or t e State of Montana, per nally appeared-- - BETTY J. LEE, known to me personally to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year firs above written. 1 Notary Public o the State of Montana Residing at G My Commission 4ex es r 1• t STATE OF MONTANA ) ss. County of Fallon, ) On this 20th day of January in the year nineteen hundred and ninety-two before me, Russell L. Culver r a Notary Pub li for the State of Montana, personally. appeared SHIRLEY M. WILLIANS, known to me personally to be the person whose name is subscribea to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunAosset my hand and affixed my Notarial Seal the day and year first bo written. Notary Public for th& State of Montana Residing at Baker, Montana My Commission expires November 19 , 1993. STATE OF MONTANA ) ss County of Gallatin ) On this day of - in the year nineteen hundred and -7 1 before me, var-i`�. a Notary Pub tor the State or Montana, personally appeared 4— PHYLLIS A. DEVENER,known to me personally to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. NotaryPublic r t State of Montana Residi g at My Commission expires lam My,commission e)#es October 10,i9 4 STATE OF MONTANA ) ss i County of Gallati ) On this day of in the ye r nineteen hundred and , before me ' a Notary Public for the State of Montana, peirsorMlly appeared LAURA M. DANHOF, known to me personally to, be. the person whose name is sub- scribed to the. within instrument and acknowledged to me that she exe- cuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public f9171the State of Montana Residing at Boz an, Mont My Commission expires zq. i i