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HomeMy WebLinkAbout90- IA for Era Landmark Center- Planned Unit Development-Phase 1 IMPROVEMENTS AGREEMENT FOR ERA LANDMARK CENTER - PLANNED UNIT DEVELOPMENT - PHASE I This AGREEMENT is made and entered into this / I day of �.r,:� , 1990 , by and between ERA Landmark , 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 the Conditional Use Permit allowing a four structure professional office planned unit development on the property in question ; WHEREAS , it is the intent and purpose of the Developer to obtain Final Site Plan Approval ; WHEREAS, it is the intent and purpose of both the Developer and the Ci ty to hereby enter i nto an Agreement wh i ch wi 11 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 Final Site Plan approval of said Conditional Use Permit. 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 , those properties which are designated and identified as Lot 2 of Minor Subdivision No. 28 , City of Bozeman , Montana, located in the SW1 /4 SW1 /4 of Section 12 , T2S, R5E, P. M. M . , Gallatin County, Montana. 2 . Improvements This Agreement specifically includes the installation of pavement, curb, gutter , sidewalk , landscape, landscape irrigation system, garbage enclosure, and other improvements as illustrated on the plans and specifications hereto attached and made a part of 1 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 any structure is to occur prior to installa- tion of the improvements , it must be secured by the 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 . In any event , all required improvements on the site as delineated on Exhibit "A" , which is attached and made a part of this Agreement , shall be completed within eighteen ( 18 ) months of written approval of the Final Site Plan by the Local Governing Body , or their designated representative . 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 . 5 . 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 ( 5 ) days after written notice specifying the default is deposited in the United States mails addressed to the Developer at /�4 l 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 : A ) The City may , at its option , declare the financial guarantee to be forfeited and secure the complete 2 construction and inspection of the improvements described herein. 1 . The City ' s representative , contractors, and engineers shall have the right to enter upon the property and perform such work and inspection , and the Developer 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 . All landscaped areas required by this Agreement shall be permanently maintained by the Developer pursuant to section 18. 62 . 130( E) of the Bozeman Area Zoning Code . 7 . Governing Law This Agreement shall be construed according to the laws of the State of Montana. 8 . Modification or Alterations No modifications or amendment of this Agreement shall 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 to 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 . ERA LANDMARK Ro yn rlen ush Bro /Mana r STATE OF MONTANA ) : ss County of Gallatin ) On this — day of 1990 , before me , a Notary Public for the State of Mo tana, personally appeared Robyn Erlenbush known to me 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. Notar Public for the State of Montana Res i d i ng : 'A0"V7>0,.4- Commission Expires : 7'(r4f (Notarial Seal ) THE CITY OF BOZEMAN Phillip A . rb Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the �� day of MCI , 1990 , before me, a Notary Public for the State of Montanal 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. Notary Public for the State of Montana Residing : Bozeman , Mo tana Commission expires : 9-1970 (Notarial Seal ) 4 WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENTS DISTRICTS FOR PAVEMENT, CURB, GUTTER, SIDEWALK, AND IMPROVEMENTS TO SOUTH NINETEENTH AVENUE 1 , the undersigned owner of real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Lot 2 of Minor Subdivision No. 28, City of Bozeman , Montana, located in the SW1 /4, SW1 /4 of Section 12 , T2S, R5E, P.M.M. , Gallatin County , Montana. IN CONSIDERATION , of receiving a Conditional Use Permit to develop a four-structure professional office planned unit development in the City of Bozeman , along with the accompanying rights and privileges and for other valuable consideration, the receipt of which is hereby acknowledged , and in recognition of the impact to South Nineteenth Avenue which will be caused by the development of the above-described property, have waived and do hereby for myself, my heirs, executors, administrators, personal representatives, successors and assigns , waive the right to protest the creation of one or more special improvement districts for curb, gutter, sidewalk, pavement, drainage to South Nineteenth Avenue to one-half local street standards or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the above-described property . This waiver shall be a covenant running with the land and shall not expire at my death, provided however this waiver shall apply only to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the heirs, executors, administrators , personal representatives, successors and assigns of the parties hereto. Jy, DATED this _�_ day of � ' l'-�W 1990. !j 1 ER L rl mark Roby en sh, Broker/Manager STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) rk- On this day of 1990, before me, a Notary Pubic for the State of Montana, personally appeared Robyn Erlenbush , known to me 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 official seal the day and year first above written. Notary P blic for the State of Montana. Residing: Commission Expires: '7-C--4V/ (Notarial Seal )