HomeMy WebLinkAbout90- IA for Lot 2A, Westridge Meadows South IMPROVEMENTS AGREEMENT
FOR
LOT 2A , WESTRIDGE MEADOWS SOUTH
THIS AGREEMENT is made and entered into this 13 day of
1990 , by and between Clair W. Daines, Inc . ,
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 Conditional Use Permit allowing
the development of a Minor Planned Unit Development consisting of
two duplex structures ( four residential units) on the property in
question ; and
WHEREAS , it is the intent of the Developer to obtain Final
Site Plan approval ; 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 intent of this
Agreement, and of the parties hereto, to satisfy the improvements
guarantee requirements for the Final Site Plan approval of said
Modification of a 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 2A of Westridge Meadows
No. 5 Minor Subdivision , City of Bozeman , Gallatin County , Montana.
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2 . Improvements
This Agreement specifically includes the installation of paved
driveways, landscaping , 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, as
"Exhibit B" .
3 . Financial Guarantee, Time for Completion of Improvements
If occupancy of the new structure 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 any required
improvements not completed at that time.
In any event, all required improvements for 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 thirty (30 )
days after written notice specifying the default is deposited in
the United States mail addressed to the Developer at 202 East Kagy
Boulevard , Bozeman , Montana 59715 or such other address as the
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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
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 .
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
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 .
CLAIR W. DAINES,
By :
Clair a i n e s
STATE OF MONTANA )
: SS
County of Gallatin )
On this I `n day of 1990 , before me , a Notary
Public for the State of Montana, personally appeared Clair W.
Daines known to me to be the owner of Clair W. Daines, Inc. and
acknowledged to me that he executed the same for and on behalf of
said corporation .
IN WITNESS WHEREOF , I have hereunto set my hand and affixed
my Notarial Seal the day and year first above written .
Notary Public for the State Montana
Residing at: i7ia�
Commission Expires: -�S-�Il
( SEAL )
THE CITY OF BOZEMAN
Phillip J Fo es
Director of Public Service
STATE OF MONTANA )
: SS
County of Gallatin )
On the ;3rti 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.
Notary Publi or State of Montana
Residing at: 40Z-tom^+.2�/, /'jT S97i5
Commission Expires : 3-15- 91
( SEAL )
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
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DATE: February 28, 1990
PROJECT: West e Meadows �o\uh 4-unit condominums
DEVELOPERX
Cla W. Daines
-------------------------------- --------------- -------------------------------------------------
Item Sq .Ft . /Ln . Ft . Cost_Per_Unit Est , Cost
Paving :
Asphalt 3 , 600 sq. ft. 00� Sg. �f $3 , 600 , 00
Concrete N/A
Sidewalks : N/A
Curbing: N/A
Landscape: 31 , 297 sq. ft. 11�/sa. ft. $3 , 443. 00
Landscape Protection : N/A
Garbage Enclosure : N/A
Exterior Lighting : N/A ** Two shown on FSP; to be leased from Montana Power
TOTAL: -------- $7, 043 . 00
x 1 . 5 --------- $10, 565 . 00
TOTAL AMOUNT OF SECURITY:-------- $10 , 565 . 00
Approved By City Engineering Office : b Date: 3-6,- Po
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