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Home My WebLink About93- Valley View Golf Club Major Site Plan IMPROVEMENTS AGREEMENTS FOR VALLEY" VIEW GOLF CLUB MAJOR SITE PLAN #93138 th THIS AGREEMENT is made and entered into this day of 19 l —> , by and between Valley View Country Club, 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 the construction of a golf course clubhouse and the installation of related site improvements ; 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 requirements for the final approval of said Major Site Plan application. 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 Tract 11 , Valley View Anne,,ation, Bozeman, Gallatin County , Montana and more commonly known as 302 East kagy Boulevard, Bozeman, Montana . 1 RAGE 2 OF 5 IMPROVEMENTS AGREEML. gT VALLEY VIEW MAJOR SITE PLAN *Z-93138 2 . Improvements This Agreement specifically includes the installation of landscaping and parking lot improvements , and other improvements illustrated on the plans and specifications attached and made a part of this Agreement , as "Exhibit A" . The estimated cost of said improvements is attached as "Exhibit B" and "Exxhibit B-1 . " 3 . Financial Guarantee , Time for Completion of Improvements If the use of the structure is to occur prior to the installation of the improvements , the improvements must be secured by a financial guarantee , as may be deemed acceptable by the City, payable to the City of Bozeman, in an amount equal to one and one- half ( 1 1/2 ) times the estimated cost of the installation of any required improvements not completed at this time . Said method of security shall be valid for a period of riot less than twelve ( 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 . 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 . PAGE 3 OF 5 IMPROVEMETiTS AGREEMntiT VALLEY VIEW MAJOR SITE PLAN #Z-93138 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 302 East Kagy Boulevard, 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 tree 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 . 6 . Warranty The Developer shall warrant against defects in these improvements for a period of one year from the date of their PAGE 4 OF 5 IMPROVEMENTS AGREEMh:v'r VALLEY VIEW MAJOR SITE PLAN #Z-93138 written acceptance by the Governing Body . Any 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. 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 . PAGE 5 OF 5 iMPROVEMENTS AGREEMh:vT ` VALLEY VIEW MAJOR SITE PLAN #Z-93138 R Phi�l Baily,, presi ent Valley View Country Club Board of Directors STATE OF MONTANA ) : ss County of Gallatin ) + On this day of 19 before me , a Notary Public for the State of Montana, personally appeared Phil Baily , known to me to be the president of Valley View Country Club Board of Directors who executed the foregoing Improvements Agreement , and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF , I have hereunto set my hand and affixed my Notar • al Seal the day nd ye r first above written. Notary Public --�finr State of Mo tana Residing at :. � Commission Expire 7 ( SEAL ) THE CITY OF BOZEMAN Phillip J . F rbes Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the day of �Ci` 2'(I bo� 19 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 . Notar Public or ate Montana Residi g at : 4 tA---7.t� Commission Expires : ( SEAL ) "EXHIBIT B" ESTIMATED COST FOR IMPROVEMENTS ------------------------------------------------------------------------------------------------- DATE: 5 December 1993 PROJECT:Valley View Major Site Plan #Z-93138 DEVELOPER: Valley View Country Club ' ---------------------------- ------------------•------ ------------------------------------- Item-- Sq,Ft , /Ln , Ft . Cost Per Unit Est , Cost Paving: 1 , L3q �o Asphalt sF 1. 00/sF $ t Concrete 411 7, 019 SF 1. 90/SF 13 ,336 . 00 Concrete 6" 3. 00/SF Sidewalks : ., 40,5 L. , 11) 59 1- Z S" Curbing: LF 8 . 25/LF Landscape: SEE EXHIBIT B-1 15 , 481 . 00 Landscape Protection: Garbage Enclosure: 1 unit 350 . 00/unit 350 . 00 Bike Rack 1 unit 130. 00/unit 130 . 00 Exterior Lighting : Regulatory Signs 18 units 25. 00/unit 5390 .• 00 00 Water Improvements : 245 LF _ 22. 00•/LF 0 . 00 Fire Hydrants 2 units 1, 900 . 00/unit , 39 Sewer Impprovements : Detention Structures 2 units 800 . 00/unit 1 , 600 . 00 Street Improvements : 71 57EV7 _.Y__ 7 0, zcP'7 t2�Jis b Approved By City Engineering Office: , Date: jco r EXHIBIT B-1 LANDSCAPING ESTIMATE VALLEY VIEW MAJOR SITE PLAN APPLICATION #Z-93138 ------------------------------------------------------------------ Item Quantity Cost/Item Total norway maple 11 $ 69 . 00 $ 759.00 decora mountain ash 7 195 . 00 1,365.00 techny arborvitae 34 39 . 00 1,326.00 austrian pine 4 150 . 00 600.00 marshall green ash 3 78 . 00 234.00 cotoneaster 100 7 . 50 750.00 grass/grading 49 , 749 SF . 21/SF 10 ,447. 00 TOTAL $15,481.00