HomeMy WebLinkAbout91- IA for Kenneth E. Walker IMPROVEMENTS AGREEMENT
FOR
KENNETH E. WALKER
THIS AGREEMENT is made and entered into this day of
[, C-ooST 1991 , by and between Kenneth E. 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 Minor Site Plan allowing the
construction of a four-plex 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
Minor 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 Lot 12 , Block 10 , Valley
Unit Subdivision , Phase I , City of Bozeman, being more commonly
known as 102 Pondera Avenue.
2 . Improvements
This Agreement specifically includes the installation of
sidewalk, landscaping , paving 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" .
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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. The 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 .
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
KENNETH E. WALKER
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DATE: _ V,—�Z7/
PROJECT: Z-9191 - Minor Site Plan allowing the construction of a four-plex
at 102 Pondera Ayenue
DEVELOPER' S SIGNATURE:
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ITEM SQ FT /LN FT COST/UNIT EST COST
Asphalt 3 , 912 sq. ft. $ 1 . 00/sq. ft. $ 3 , 912 . 00
Security Lighting (3 ) $ 200/unit $ 600 . 00
Landscaping 3 ,625 sq. ft. $ . 21 /sq . ft. $ 761 .00
Trash Enclosure ( 1 ) $ 250/ea. $ 250 .00
TOTAL ESTIMATED COST: $5 , 523 . 00
x 1 . 5 =
$8 , 285 . 00
Approved by City Engineering Office: Date • 8 7