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.
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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.
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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.
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)
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"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