HomeMy WebLinkAbout90- IA for Jennifer Mitchell IMPROVEMENTS AGREEMENT
FOR
JENNIFER MITCHELL
This AGREEMENT is made and entered into this day of
1990 , by and between Jennifer Mitchell ,
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 for a Minor Site Plan , No. Z-9061 ,
allowing the relocation of a four-unit apartment house to a vacant
lot of Land described as Lots 3 and 4, of Block H , of Rouse' s First
Addition in Bozeman, Montana and more commonly known as 511 East
Mendenhall Street, Bozeman , Montana;
WHEREAS , it is the intent of the Developer to satisfy the
conditions of approval for Conditional Use Permit No. Z-9061 ; 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 further the
intent of this agreement, and of the parties hereto, to satisfy the
improvements guarantee requirements for said Minor Site Plan ;
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 Lots 3 and 4 , of Block H , of
Rouse' s First Addition , City of Bozeman , Gallatin County, Montana,
and more commonly known as 511 East Mendenhall Street, Bozeman ,
Montana.
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.
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, except that all landscape
improvements shall be maintained in a healthy and growing condition
at all times.
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 Developer shall not assign
this Agreement in whole or in part without prior written consent
of the City.
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2 . Improvements
This Agreement specifically includes the installation of
landscaping improvements, alley improvements, and other
improvements as illustrated on the plans 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.
3. Financial Guarantee, Time for Completion of Improvements
If occupancy of the four-unit apartment house is to occur
prior to installation of the improvements, the improvements 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
all required improvements not installed at the time of occupancy.
The financial guarantee shall be submitted in conjunction with and
at the time of Final Site Plan approval and should be completed
within twelve ( 12 ) months of approval .
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 twelve ( 12 ) 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 Developer at 122 South
Church Avenue, Bozeman , Montana 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 :
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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.
( �J4'
7S -
Jennifer Mitchell
ACKNOWLEDGMENT
STATE OF MONTANA )
ss.
County of Gallatin )
On this day of �;2 Z 1990, before me,
a Notary Public for the State of Montana, personally appeared
Jennifer Mitchell , known to me to be the person whose name is
subscribed to the above 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.
No ry Public for the State of
Montana
(SEAL)
Residing at
My commission expires:
CITY OF BOZEMAN
Phillip J . Forbes
Director of Public Service
STATE OF MONTANA )
ss.
County of Gallatin )
On the day of 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 first written above.
(SEAL )
Notary Public for the State of
Montana
Residing at
Commission Expires:
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
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DATE: 10/15/90
PROJECT: Jenifer Mitchell; House relocation; 511 East Mendenhall Street
*_M
DEVELOPER: Jennifer Mitchell, Heritage Restoration sign here-
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Item- Sq.Ft , /Ln. Ft . Unit or Contractor Cost Estl Cost
Paving:
Asphalt �
Concrete
Sidewalks :
Curbing: Parking Area 90 Linear feet Railroad ties; $12.00/unit; x13 $ 156.00
?
Landscape
m " lly-m 4�9�'Square feet @ $.21/square foot $JZ
. � �
�,t�ctuN4�bx�s
(�0 2 l $F �lt�rJSPit�&
Landscape Protection:
Garbage Enclosure: One for 4-Unit Apt. Hse. One @ $150.00 150.00
Exterior Lighting:
Water Improvements :
Sewer Improvements :
Strget Improvements :
�k�+-(': 618L-•F- ,, y 3 e io.fs-10 ata.00
Allev Vt4
Pf ovements -;$'Linear feet lOkfeet wide x Yin. deep= L6!r @ $30/cu.yd �c •►ruief" ses-e�'
26ft.x45ft.x.5ft. /27, (1cu.yd.)=21 .66 x $30.00/cu yd. 649.00
Parking Improvements --------------- -----
Approved By City Engineering Office • Date: TOTAL: 32-f-T.00x1.5 =
i
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