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Home My WebLink About92- IA for Harry Ellis, 719 N. Ida Ave IMPROVEMENTS AGREEMENT FOR HARRY ELLIS 719 NORTH IDA AVENUE THIS AGREEMENT is made and entered into this da7L 7- _v of 4tc wV14 1992 , by and between Harry Ellis, 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 allowing relocation of two previously constructed metal clad buildings 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 Final Site Plan 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 5-16 , Block 105 , Northern Pacific Addition , City of Bozeman , Montana, and more commonly described as 719 North Ida Avenue , Bozeman , Montana. 2 . Improvements This Agreement specifically includes the installation of 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" . All existing vehicles, materials and supplies currently stored on the site must be either removed from the site or stored within the 1 existing or proposed buildings on the site, and the two new structure shall not be used for anything other than storage without further review. 3 . Financial Guarantee , Time for Completion of Improvements If commencement of the use of the new buildings is to occur prior to the installation of all improvements , 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 not completed at this time. Said method of security shall be valid for a period of not less than twelve ( 12 ) months . 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 nine ( 9 ) months of occupancy in order to avoid default on the method of security . In any event , as soon as one of the new structures is set on the property , the Developer shall ensure that the interior of the property is kept free and clear of all obstacles that would impede fire protection vehicles from entering , turning in and existing from the property. 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 719 North Ida Avenue , Bozeman , MT 59715 , or such other address as the Developer shall provide to the City from time to time, without being 2 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 . Any required landscaping must be maintained in a healthy, 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 . 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 . J Harry Ellis STATE OF MONTANA ) : ss County of Gallatin ) On this IV day of 1992 , before me , a Notary Public for the State of Montana, personally appeared Harry Ellis, 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 . N ary Public f S to of Montana Residing at: Commission Expires : /a-�R-9�1 ( SEAL ) THE CITY OF BOZEMAN Phillip/J . rbes Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the day of ri tA-C� 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 s 1 on the day and year first written above . Mary Public f4,r� State of Residing at: Commission Expire ". l CJ5 ( SEAL ) "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS HARRY ELLIS, 719 NORTH IDA AVENUE ----------------------------------------------------------------------------------------- DATE: PROJECT: Z-91140 - Major Site Plan allowing the relocation of two previously constructed metal clad buildings to 719 North Ida Avenue , Harry Ellis, applicant DEVELOPER' S SIGNATURE: ----------------------------------------------------------------------------------------- ITEM SQ. FT. /LN. FT. COST/UNIT EST . COST Landscape protection 210 ln . ft. $ 2 . 58 ea $ 134. 00 ( Landscape timbers estimated. 3"x4"x8 ' . Need 2 high = 52 ) Landscaping - Flowering Crab Apple (Malus ) THREE $33 . 00 ea. $ 99 . 00 ( 1 1 /2" min. caliper, or minimum height of 10 feet at planting ) - European Mountain Ash FIVE $24. 00 ea. $ 120 . 00 ( 1 1 /2" min . caliper or minimum height of 10 feet at planting ) - Caragrana Hedge 50 ' at 24" centers ( 25 ) $ 7 . 50 ea, $ 187 .50 - Clematis Vine 105 ' at 24" centers ( 51 ) $ 6 . 50 ea. $ 331 . 50 - Grass 6450 sq . ft. $ . 12/sq . ft. $ 774 . 00 TOTAL ESTIMATED COST : $1 , 646 . 00 x 1 . 5 = $2 , 469 . 00 Approved by City Engineering Office : Date : /f