HomeMy WebLinkAbout93- Major Site Plan-COA Aplication #Z-9341 MPROVEMENTS AGREEMENTS
FOR
MAJOR SITE PLAN/COA APPLICATION #Z-9341
THIS AGREEMENT is made and entered into this 30th dad, of
August _ _ , 1993 , by and beta een Bozeman United Methodist
CkJurch, iereinafter called the "Developer" , and the Cite 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 Major Site Plan/Certifier-tte of
Appropriateness application #Z-9341 allowing the demolition of a
portion of an existing church and construction of a new sanctuary
and related facilities ; and
WHEREAS , it is the intent of the Developer to obtain final
approval for said application; 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 regtai_rements for the filial approval of said Major Site
Plan/Certi_ficate of Appropriateness application.
NOW , THEREFORE , in consideration of the mutual covenants and
conditions contained herein , it is hereby agreed as follows :
I . Property Description
This Agreement pertains to , and includes those properties
which are desic;nated and identified as the south 3 feet of Lot 7 ,
1
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? MPROV EMENTS AGREEMENT
MAJOR SITE PLAN/COA #Z-93.11
and Lots S , 9 , and 10 , Block B , Alderson ' s Addition, bowman,
Gallatin County , Montana , and more commonly known as 109 West Olive
Street .
2 . Improvements
This Agreement specifically- includes the installation of
landscaping and site improvements , and other improvements
M usi.rated on the Flans and specif ications attached and made a
part of this :lgreement , as "Exhibit A" . The estimated cost of said
improvements is attached as "Exhibit B" and "Exhibit B-1 . "
Financial Guarantee , Time for Completion of Improvements
If the lase of the structure is to occur prior to the
installation of the improvements , the improvements must he secured
by a financial guarantee , as may be deemed acceptable by the City ,
payable tc the City of Bozeman , in an amount equal to one and one-
hr:l f ( 1 1 /2 ) times the estimated cost of the iris tailatio_7 of any
required improvements riot completed at this time . Said method of
security shall be valid for a period of not less than tweive ( 12 )
months . In any event , all required improvements as delineated on
Exhibit "A" , which is attached and made a part of this Agreement ,
shall be installed within nine ( 9 ) months of occupancy of the
structure or commencement of the use .
4 . Iii-spect ion
Representatives of the City shall have the right to enter upon
the property at and reasonable time in order to inspect it and to
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IMPROVEMENTS AGREEMENT
MAJOR SITE PLAN/COA rZ-9341
determine if' Lhe Developer is in compliance with this A reement ,
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
rafter written notice specifying the default is deposited in the
Unit-ed States mail addressed to the Developer at P.O . Box 1253 ,
Bozeman , Montana, 59715 or such other address as the Developer
shall provide to the City from time to time , without being
completely 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 representatives , 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 .
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IMPROVEMENTS AGREEME`'T
MAJOR SITE PLAN/COA -EZ-9341
6 . Warrant y
The Developer stall warrant against defects in these
improvements for a period of one year from the date of their
written acceptance by the Governing Body. any required landscaping
must be maintained in a healthy, ;rowing condition at all times .
Any ptant 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
Tt is expressly agreed that the Developer shall not Assign
this Agreement in whole, or in part , without prior written consent
to City .
11 . Successors
Except. as provided in paragraph 10 , this Agreement shall be
binding upon, enure to the beriefit of , and be enforceable b-- the
parties hereto and their respective heirs , successors and assigns .
PAGE. a OF 5
IMPROVEMENTS _AGREEMENT
MAJOR SITE PLAN/COA #Z-9341
Mare Wa!'— , president
Board of Trustees
Bozeman United Methodist Church
STATE OF MONTANA )
: ss
County of Gallatin )
On this day of �T" _, 19 '1,9 , before me, a
Notary Public for the State of ' ontaria, personally- appeared Mary
Walter, known to me to be the president of the Bozeman United
Methodist Church Board of Trustees who executed the foregoing
Improvements Agreement , and acknowledged to me that such
corporation executed the same .
IN WITNESS WHEREOF , I have hereunto set my )land and affixed my
Notarial Seal the day and year first above written.
4tAAC# C&t�, Laq—IW2
Notar Public for Sighte of Montana
Res id* ng at :_ge.- _
Commission Expif•es : _ _
( SEAL )
THE CITE- OF BOZEM-\N
Phillip J Fo es
Director of Public Service
STATE OF MONTANA )
: ss
County of Gallatin )
On the JO day of _ �h'�. , 19_�� before me , a
Notary- Public for the State of Mon ana, 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 hared and affixed my
seal on the day and year first written above .
dAww (�� - —
Nota Public for Late of Montana
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EXHIBIT B-1
LANDSCAPING ESTIMATE
MAJOR SITE PLAN/COA xZ-9341
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ITEM QUANTITY COST/ITEM TOTAL
norway maple 1 $ 225 . 00 $ 225 . 00
summit ash 2 275 . 00 550 . 00
jap . tree lilac 2 49 . 00 98 . 00
tam juniper 25 25 . 00 625 . 00
blue rug juniper 7 25 . 00 175 . 00
Boston ivy 3 11 . 00 33 . 00
grading/ground cover 1 , 200 SF . 21/SF 252 . 00
TOTAL S1 , 958 . 00