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.
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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.
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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