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
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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
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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.
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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 .
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 )
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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 )