HomeMy WebLinkAbout92- IA for Phil Auble IMPROVEMENTS AGREEMENT
FOR
PHIL AUBLE
THIS AGREEMENT is made and entered into this day of
1992,, by and between Phil Auble, hereinafter
Alled 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 7 , Block 10 , Valley Unit
Subdivision , City of Bozeman , being more commonly known as 212
Pondera Avenue.
2 . Improvements
This Agreement specifically includes the installation of
asphaltic pavement, 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" .
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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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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.
it Auble
STATE OF MONTANA )
: ss
County of Gallatin)
On this G Ah day of 199A., before me, a Notary
Public for the State of Mo na, per onally appeared Phil Auble,
known to me to be the person who signed 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 .
Notary Public for State of Montana
Residing at:
Commission Expir i�
(SEAL)
THE CITY OF BOZEMAN
Phillip . Fiffrbes
Director-'of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the ? day of ,J,4AIglA4MI 7 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 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.
fi^,� t,-,IL�1_aalw�
Nota Public r S ate of Montana
Resi ing at: Gl�
Comm i ss ion Exp if e �"` `y �y9z
(SEAL)
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"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
DATE: July 24, 1991
PROJECT: Phil Auble Four-P e 21-2„Po dera
DEVELOPER: Phil Auble
------------- -------- ----------------------
Trem- Sq,Ft , /Ln . Ft . Est , Cost
Room
Paving: COST PER UNIT
Asphalt 3, 955 sq. ft. $1 . 00 $3 , 955 . 00
Concrete
Sidewalks : APRON AND ESTIMATED By DEVELOPER $2 , 040 . 00
RAMP
Curbing: Estimatpd at 8644 . 00 but net reel7ired to him ;ncf-aj1Q
Landscape: FSTTMATFT) B„y nF. ELOPER $1, 9 8 5. 0 0
Landscape Protection:
Garbage Enclosure: (1) $250 _ 00 $ 250 . 00
terior Lighting:
Water Improvements:
Sewer Improvements:
Street Improvements :
TOTAL ESTIMATED COST: $8 , 230 . 00
X 1. 5 =__
_ $12, 345 . 00
Approved By City Engineering Office: Date: 7---)cl—?l