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HomeMy WebLinkAbout90- IA for Larry and Sharon Witt IMPROVEMENTS AGREEMENT FOR LARRY AND SHARON WITT i -This AGREEMENT is made and entered into this day of 1990 , by and between Larry and Sharon Witt, hereinafter called the "Developers" , 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 Developers to obtain final site plan approval for the construction of a residential four-plex on Lot 5 of the Kellerton Subdivision and more commonly known as 519 South 15th Avenue, Bozeman , Montana; WHEREAS , it is the intent of the Developer to obtain a building permit for the above described residential four-plex ; 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; NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows : 1 . Property Description This Agreement pertains to, and includes, that property which is designated and identified as Lot 5 of the Kellerton Subdivision , and more commonly known as 519 South 15th Avenue, Bozeman , Montana. 2 . Improvements This Agreement specifically includes the installation of 85 linear feet of sidewalk ( 5 ' width ) , 50 linear feet of concrete curbing , concrete wheel stops and pavement striping for nine spaces, trash enclosure , and landscaping, including but not limited to a minimum of 15 trees, all of which are illustrated on the approved Final Site Plan , and included as a part of this Agreement, as Exhibit "A" . The estimated cost of said improvements is attached and made part of this Agreement, as Exhibit "B" . 3. Financial Guarantee, Time for Completion of Improvements If all required improvements have not been installed prior to occupancy or use of the proposed addition, this Agreement shall be secured by financial guarantee, as may 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 all required improvements not installed at the time of occupancy . In any event, all required improvements on the site as delineated on Exhibit "A" and listed on Exhibit "B" , which are attached and made a part of this Agreement, shall be completed within eighteen 18 months of final site plan approval . 4. Default Time is of the essence of 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 written notice specifying the default is deposited in the United States Mail addressed to the Developers at 419 North 20th Avenue, Bozeman , Montana 59715 , or such other address as the Developers 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 . B. The City may enforce any other remedy as provided by law. 2 5 . Inspection Representatives of the City shall have the right to enter upon the property at any reasonable time to inspect 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. 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. In addition, all landscaped areas required by this agreement shall be permanently maintained by the Developers pursuant to Section 18. 50. 100 G. 1 . of the Bozeman Area Zoning Code. 7 . Governing Law This Agreement shall be construed according to the laws of the 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 Developers shall not assign this Agreement in whole or in part without prior written consent of the City. 3 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. '7t Y-�' By: Larry'-Witt Sharon Witt ACKNOWLEDGMENT STATE OF MONTANA ) ss. County of Gallatin ) On this S t6 day of 1990, before me, a Notary Public for the St e of Montana, personally appeared Larry Witt and Sharon Witt known to me to be the person(s) whose names are subscribed to the above instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial seal the day and year first above written . X�� 42-0-� Notary Public for the State of Montana (SEAL ) Residing at V'2-� My commission expires: 99� CITY OF BOZEMAN Phillip Forbes Director of Public Service STATE OF MONTANA ) ss. County of Gallatin ) On the JT q' day of (-R<- 0 - 1990 , before me, a Notary Public for the State of Montana, personally appeared Phillip J . Forbes, known to me to be the person described in and who executed the foregoing instrument 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 year firs written abov ; (SEAL) ;--- Notary Public for the State of Montana Residing at &?ZC'_01 Commission Expires: 4 EXHIBIT "B" ESTIMATED COST FOR IMPROVEMENTS DATE: 6-4-90 PROJECT: Witt Four-flex DEVELOPER: Larry and Sharon Witt -Owners Rob Hamilton - Contractors ITEM Sq .Ft ./Ln-.Ft . Cost Per Unit Estimated Total Cost Site Preparation: Paving: $1 . 00 s . ft . . Concrete Drives (411): $1 . 75/sq . £t . Concrete Approaches (611): $3 . 00 sq. ft'. Sidewalks . 429 sgft- $1 . 90/sq . ft . $807 . 50 Curbing: 50 Ln ft $8 2 / 412. . 5 In^ft . $ 50 Landscaping (itemize on separate sheet); $1345. 00 Landscaping Protection (fences , wheelstops): Garbage Enclosure : $490. 00 Lighting: Other: TOTAL. . . . . . . . . . . $3055. 00 = Approved by C ' ty Engineering Office: TOTAL X 1. 5 $4582 . 50 Date : (� S