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HomeMy WebLinkAbout90- IA for Security Title Company of Gallatin County IMPROVEMENTS AGREEMENT FOR SECURITY TITLE COMPANY OF GALLATIN COUNTY THIS AGREEMENT is made and entered into this laa day of 1990 , by and between J . S. Heck and Barbara D. Heck , 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 5 , 500 square foot office building 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 the property which is identified as the Lots 3A-1 and 3A-2 of Minor Subdivision No. 28B, City of Bozeman , and more commonly known as 1800 West Dickerson , Bozeman , Montana. 1 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 . 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. ZI-11 4—L J . S . Heck \ 0—xz&dC✓ Barbara D. Heck STATE OF MONTANA ) : ss County of Gallatin ) On this ,a , day ofLmkil�4—�1990 , before me, a Notary Public for the State of Montana, personally appeared J . S. Heck and Barbara D. Heck , known to me to be the persons who signed the foregoing Improvements Agreement, and acknowledged to me that they executed the same . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my No arial Seal the day and year first above written . Notary Pub or the State of Montana Residing at: Commission Expires : ( SEAL ) THE CITY OF BOZEMAN Aa�u /� 37 lzttze�— Phillip J F es Director ofIyublic Service STATE OF MONTANA ) : ss County of Gallatin ) On the 11`4 day of '06'6116e- 1990 , 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 . 40,424 1�'4514- � Notar Public for State of Montana Resid ng at: &aj5,AqAJ Commission Expires: ,Z (SEAL) 4 "EXHIBIT B" + ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------- DATE: December 5, 990 PROJECT: Z-9070 -- ecuri Title Corner W. Dickerson and S. 19th DEVELOPER: Scotr Heck Item- Sq .Ft . /Ln. Ft . Cost_Per_Una.t Est , Cost Paving: Asphalt 8,688 sq.ft. $1.00/sq.ft. $8,688.00 Concrete Sidewalks : 212 lnft x 5 = 1060 sqft $2. 10'sq.ft. $2, 226. 00 Curbing: 384 ln.ft. $8,25/ln,ft. $3,168.00 Landscape: 8,365 sq.ft. $0.21/sq.ft, $1,767.00 Landscape Protection: Garbage Enclosure : 0) $250/each $ 250.00 Exterior Lighting: (9) $100/each $ 900.00 TOTAL: $.l 6 , 9 9 9 . 0 0 LETTER OF CREDIT AMOUNT X 1 .5 $.2 5 . 4 9 9 . 0 0 Approved By City Engineering Office : ,, ,���, �__ Date : / ' �� 90