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Home My WebLink About92- IA for Bridger Peak Townhouses Major Site Plan Ken Walker, Developer IMPROVEMENTS AGREEMENT FOR BRIDGER PEAK TOWNHOUSES MAJOR SITE PLAN KEN WALKER, DEVELOPER THIS AGREEMENT is made and entered into this c day of CS « � 1992 , by and between Ken Walker, 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 of a Major Site Plan application to develop 32 residential condominium units within 10 structures 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 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 conditional approval of said Major 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 those properties which are designated and identified as Lots 3 and 8 , Block 13A, and Lots 4 and 7 , Block 13 , Bri.deer Peaks Estates Subdivision , Phase 3 , City of. Bozeman, Gallatin County, Montana, and more commonly described as 3610 Broadwater Avenue . 2 . Improvements This Agreement specifically includes the installation of paving , c►.irb/gutter, landscaping , sidewalks , 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" . 1 3 . Financial Guarantee , Time for Completion of Improvements If occupancy of any structure is to occur prior to the installation of all required on-site improvements for that structure , the Improvements Agreement 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 riot completed at that time . Said method of security shall be valid for a period of not less than twelve ( 12 ) months . Iri any event , all required improvements for each "phase" or structure shall be completed within nine ( 9 ) months of occupancy in order to avoid default on the method of security. 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 are in compliance with this Agreement , and the Developers 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 inited States mail addressed to the Developer at 510 South 23rd Avenue , Bozeman , MT 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 constriActi.on and inspection of the improvements described herein . 2 1 . The City ' s representative , contractors , and envineers 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 . Any required landscaping must be maintained in a healthv, growing condition at all times . Any plant that dies must be replaced with another .living plant. that complies with the approved landscape plan . 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 . Invali.d 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 Tt 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 . Ken 4alker STATE OF MONTANA ) : ss County of Gallatin ) On this day of ! , 1992 , before me , a Notary Public for the State of Montana, personally appeared Ken Walker, known to me to be the person who executed the foregoing Improvements Agreement 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 Pub, is for State of Montana Residing at Bozeman, Montana Commissi.nn Expires:--/ THE CITY OF BOZEMAN Phillip J F ' bes Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the - day of �Glt _, 1992 , 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 . 4��w /Wm� Notar Public or Sate of Montana Resi ng Commission Expires : _ � 4 "EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS BRIDGER PEAK TOWNHOUSES MAJOR SITE PLAN ----------------------------------------------------------------------------------------- PROJECT: Z-9247 - Major Site Plan allowing the construction of 32 residential townhouses within 10 structures , 3610 Broadwater Avenue DEVELOPER : Ken Walker, 510 South 23rd Avenue , Bozeman . Montana ---------------------------------------------------------------------------------------- ITEM SQ. FT . /LN . FT . COST/UNIT EST . COST NOTE: THIS IMPROVEMENTS AGREEMENT IS FOR THE ENTIRE PROJECT. ESTIMATED COSTS MAY BE BROKEN DOWN FOR EACH PHASE OF CONSTRUCTION, BASED UPON BUILDING PERMITS ISSUED. Sidewalk, r/w 1.665 ln . ft . x 5 ' = 8 . 325 sq. ft . $ 1 . 90/sq. ft . $15 , 817 . 00 Sidewalk . on site 1280 ln . ft . x 4 ' = 5 , 120 sq . ft . $ 1 . 90/sq. ft . $ 9 , 728 . 00 Landscaping , general 82 , 211 sq. ft . $ . 21 /sq. ft . $17 , 264 . 00 ( sod , irrigation , grading , berms ) Green Ash Trees 40 $ 72 . 00 ea. $ 2 , 880 . 00 Austrian Pine Trees 11 $150 . 00 ea. $ 1 , 650 . 00 Cotoneaster 19 $ 3 . 00 ea. $ 57 . 00 Quaking Aspen Trees 64 $ 37 . 00 ea. $ 2 , 368 . 00 Red Twig Dogwood 14 $ 8 . 00 ea. 8 112 . 00 Mugo Pine 24 $ 35 . 00 ea. $ 840 . 00 Chokecherry 10 $ 20 . 00 ea. $ 200 .00 Potentilla 16 $ 12 . 00 ea . $ 192 . 00 Asphalt Paving 34 , 180 sq. ft . $ 1 . 00/sq. ft . $34 , 180 . 00 Concrete Curb 2 , 045 ln. ft . $ 8 . 25/ln. ft. $16 , 871 . 00 Fence at creek 60 In x 4 ' high = 240 sq. ft . $ 1 . 50/sq. ft . $ 360 . 00 TOTAL ESTIMATED COST : $102 , 519 . 00 x 1 . 5 = $153 , 778 . 50 Approved by City Engineering Office : Date :