HomeMy WebLinkAbout91- IA for the Headwaters Academy �t
IMPROVEMENTS AGREEMENT
FOR
THE HEADWATERS ACADEMY
This AGREEMENT is made and entered into this day of
1991 , by and between Headwaters Academy .
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 Conditional Use Permit #Z-9180
allowing the location of a private school in a 7600 square-foot
residential structure on property described as the east 88 ft . of
Lots 19-24 , Block 34 of the Capitol Hill Addition and more commonly
known as 418 West Garfield Street , Bozeman , Montana.
WHEREAS , it is the intent of the Developer to satisfy the
conditions of approval for Conditional Use Permit #Z-9180 :
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
associated with the property hereinafter described ; and it is
further the intent of this agreement , and of the parties hereto .
to satisfy the improvements guarantee requirements for 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 . that property which
is designated and identified as the east 88 feet of Lots 1 9-24 ,
Block 34 of the Capitol Hill Addition , and more commonly known as
418 West Garfield St . , Bozeman , Montana.
� . Improvements
This agreement also includes the installation of all required
parking and landscaping improvements and other improvements as
depicted on the Final Site Plan and itemized on the Estimated Cost
of Improvements which is attached and made a part of this agreement
as " Exhibit B" .
3 . Financial Guarantee Time for Completion of Improvements
If occupancy of the structure or commencement of the use is to
occur prior to the installation of all required improvements , the
Developer shall submit to the City an irrevocable letter of credit
or bond in the amount of 150 percent of the cost of all un-
installed improvements . Said method of security shall be valid for
a period of not less than twelve ( 12 ) months ; however , all on-site
improvements shall be completed by the applicant within nine ( 9 )
months of occupancy 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 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 Box 7258 ,
Bozeman , Montana, or such other address as the Developer shall
provide to the City from time to time , without being comoleLely
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
2
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 as 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 . 50 . 100 . ( G ) of the Bozeman Interim
Zone Code .
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 unenforceabi 1 i ty 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
of the City .
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 .
BY:
r�
TITLE :-
J
ACKNOWLEDGMENT
STATE OF MONTANA )
ss .
County of GALLATIN )
On this 9th day of September 1 991 , before me ,
a Notary Public for the State of MONTANA , personally appeared ,
Marianne C. Liebmann , representative of Gamma Delta, Inc . ,
the owner of the east 88 ft . of Lots 19-24 , Block 34 , Capitol Hill
Addition , Bozeman , known to me to be the person who signed the
foregoing Improvements Agreement 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 .
fotary Public for the State of
Residing at
My uommission expires :
( SEAL )
CITY" OF BOZEMAN
Ahillip J . o
bes
Director of ublic Service
STATE OF MONTANA )
ss .
County of Gallatin )
On the `!t/u day of d�' + @�✓ 1991 , 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
_, nstrument and aci;nowl edged 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
m seal on the d y and year first written above.
(. f ti
Notary PublicA1,12
o Sta e of Montana
Res i d g at /Iit
Commission Expir s :
( SEA[- )
"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
- ------------------------------------------------------------------------------------------------
DATE: 9/04/91
PROJECT: Headwters Academy, 418 West Garfield St. , Bozeman
DEVELOPER: Marianne Liebmann for Gamma Delta, Inc.
-------------------------------------W---------r------- --------------------------------
Item- Sq,Ft , /Ln . Ft . Contractor Est , Cost
an
Paving: Tim Dean Construction
Asphalt 200 sq. ft. @ $1.00 � $ 200.00 _
Concrete
518 sq. ft. @ $1.90 984.00
Sidewalks :
Curbing:
Landscape:
Landscape Protection• 12 @ $25.00 = concrete curb stops 300.00
Garbage Enclosure:
Exterior Lighting:
Water Improvements:
Sewer Improvements:
Street Improvements :
Asphalt Improvements 3500 so. Ft. @ 5.50/sq. ft. 1.7gn nn
Striping 200.00
Total: 3434.00 x. 1.5= $5151.0
Approved By City Engineering Office: — .Date:
�o
0
Ln
yr
t 1 Lr)
1 i U)
1 1
1 1 O
{ 1 U o 0 0 c 0 0
1 f O 0 O c 0 0
O 0o O O M
1 1 �
I 1 �
1 { A
1 1 '
I { U
1 H O
I 1
I 1
1 l
1 1
1 1 �
1 1 O
1 1 .0 p
L U O
f 0 � m
1 t u
1 1 c U) ,0
I 1 cl O �l
EmsA i F4 c = u
2 I 1
4 p u
Q1) �
1 1 U �
[x] 1 1
1 1 a o
O 1 t,
tZ 1 t H U
I t
W H I I
H O I 1
G4 ka 1 N 1
x H I �° 1
X cn 1 1 4J
U
A I U' H { \
W 1 b l \
H t ro 1 0 0
N +- { O
H i 1 4-)
E 4 i Ca 1 �tA rr yr
In I G d t � Q'J II
W { � i 0 V
m ti 1 a 4 4 O fs r1
N U 1 4-1 4-4 W
� {. N 4 ��{
1 00 O U)
1 � U) U) 0 tsa
CD 00
G 1 O N On •rl
N
1•+
I U ra 1 •• •rl
Q S
G
1 � G 1 .,{ .. W to L.I W
t 3 � { _ 4? G1 'y •� aCi aGi v
H LJ
1 cti 1 L1 41 EY R Qj U r
rn c1 1 r4 Iv O O Ir- v O > ai U
1 x 1 Cd $4 N r-! w > 7 O >
P- GO cn O a G a H u Q. � pq
1 E+ a i •• d O �-f do ro � a7 0 ►� ��+ I H ao
1 `U O 1 1 t+0 Cd p u U b3 .1 1 .0
1 H O > i y •+ p U a7 N f+ $+ cJ ro o., O
�
O 4 k
d 04 w t L� i � w 3 n 4-1 cn j 3 u a s a,
1 A P,