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Home My WebLink About95- Willowbrook Condos IMPROVEMENTS AGREEMENT FOR WILLOWBROOK CONDOMINIUMS 2400 WEST DURSTON ROAD THIS AGREEMENT is made and entered into this ob$day of June, 1995, by and between Willowbrook Condominiums, Inc., 2421 Highland Boulevard, Bozeman, MT 59715, 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 Condominium Subdivision application and a Major Site Plan application to allow the development of 85 residential dwelling units; and WHEREAS,it is the intent of the Developer to obtain Final Site Plan and Plat 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 conditional approval of said Major Site Plan and Condominium Subdivision. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Proper Description This Agreement pertains to and includes those properties which are designated and identified as COS No. 1917,located in the NW 1/4,NE 1/4, Section 11, T2S, R5E, PMM, City of Bozeman, Gallatin County,Montana, and more commonly known as 2400 West Durston Road. 1 2. Improvements This Agreement specifically includes infrastructure, public streets, driving lanes, parking, sidewalks, landscaping, paving, curbing and other improvements as illustrated on the plans and specifications hereto attached and made a part ofthis Agreement, as "Exhibit A". The estimated cost of said improvements is attached and made a part of this Agreement,as "Exhibit B". 3. Financial Guarantee.Time for Completion of Improvements If occupancy of the dwelling units in each phase is to occur prior to the installation of all required on-site improvements for that phase, the Improvements Agreement 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 times the estimated cost of the installation of any required improvements not completed at that time. Said method of security shall be valid for a period of not less than twelve(12)months. In any event,all required improvements shall be completed within nine (9)months of occupancy in order to avoid default on the method of security. If submittal of final plat for each phase is to occur prior to the completion of all of the required infrastructure improvements for that phase,the Improvements Agreement 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 times the estimated cost of the installation of any required improvements not completed at that time. Said method of security shall be valid for a period of not less than eighteen(18)months. In any event, all required improvements shall be completed within twelve(12)months of submission in order to avoid default on the method of security. 2 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 Developers are in compliance with this Agreement, and the Developers 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 after written notice specifying the default is deposited in the United States mail addressed to the developer at 2421 Highland Boulevard, Bozeman,MT 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 thereafter secure the complete construction and inspection of the improvements described herein. The City's representative, contractors, and engineers shall have the right to enter upon the property and perform such work and inspection, and the Developers shall permit and secure any additional permission required. 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 3 from the date of written acceptance by the City. 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 Alteration No modifications or amendment of this Agreement shall be valid,unless evidenced in 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 of the 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. WILLOWB K CONDOMINIUMS, INC. BY: 4 STATE OF MONTANA ) :ss County of Gallatin ) On this -2c2h-day of June, 1995, before me, a Notary Public for the State of Montana, personally appeared Ken LeClair, known to me to be the President of Willowbrook Condominiums, Inc., the corporation that executed the foregoing Improvements Agreement, and acknowledged to me that he executed the same for and on behalf of said corporation. 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 Bozeman Commission Expires: THE CITY OF BOZEMAN Phillip J. Foybes Director of Public Service STATE OF MONTANA ) :ss County of Gallatin) On the A4�e- day of June, 1995, 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. WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year t wriVenove. Notary Public for State of Montana Residing at Bozeman Commission Expires:lo-/ -- 5 EXHIBIT B ESTIMATED COST FOR IMPROVEMENTS DATE: JUNE 15, 1995 PROJECT: WILLOWBROOK CONDOMINIUMS, 2400 WEST DURSTON ROAD, MAJOR SITE PLAN, Z-9452 , PRELIMINARY PLAT, P-9510 DEVELOPER: KEN LECLAIR PUBLIC IMPROVEMENTS EST. COST PER UNIT ESTIMATED COST Sidewalk on Durston, 80 feet and site $12.00 per linear foot & $2,280.00 preparation $1.50 per square foot Water, 2nd phase, 1,450 feet $45.00 per linear foot $65,250.00 Sewer, 2nd phase, 1,150 feet $25.00 per linear foot $28,750.00 West Beall Street extension, 750 feet $100.00 per linear foot $75,000.00 North 25th Avenue extension, 1,240 feet $100.00 per linear foot $124,000.00 SUB-TOTAL $295,280.00 TOTAL (1.5 TIMES SUB-TOTAL) $442,920.00 ITEM SQ.FT./LN.FT. TCOST PER UNIT EST. TOTAL COST PHASE 1 Paving, Asphalt 17,000 $1.25/SQ.FT. $21,250.00 Curbing 1,400 $10.00/LN.FT. $14,000.00 Sidewalks 650' West Durston $2.50/SQ.FT. $8,125.00 Landscaping ATTACHED $9,185.00 Site Preparation 92,000 $0.75/SQ.FT. $69,000.00 Irrigation System 23,000 $11,500.00 Sign(s) 1 directory, 1 no $150.00, $25.00 $175.00 parking SUBTOTAL $133,235.00 PHASE 2 Paving, Asphalt 13,000 T$1.25/SQ.FT. $16,250.00 1 ITEM SQ.FT./LN.FT. COST PER UNIT EST. TOTAL COST Curbing 600 $10.00/LN.FT. $6,000.00 Landscaping ATTACHED $5,930.00 Site Preparation 52,000 $0.75/SQ.FT. $39,000.00 Irrigation System 13,000 $6,500.00 Sign(s) 1 no parking $25.00 $25.00 SUBTOTAL $73,705.00 PHASE 3 Paving,Asphalt 15,000 $1.25/SQ.FT. $18,750.00 Curbing 1,200 $10.00/LN.FT. $12,000.00 Landscaping ATTACHED $11,990.00 Site Preparation 135,000 $0.75/SQ.FT. $101,250.00 Irrigation System 28,000 $14,000.00 Sign(s) 2 ADA, 1 no $25.00 $75.00 parking SUBTOTAL $158,065.00 PHASE 4 Paving, Asphalt 11,000 $1.25/SQ.FT. $13,750.00 Curbing 500 $10.00/LN.FT. $5,000.00 Landscaping ATTACHED $5,345.00 Site Preparation 48,000 $0.75/SQ.FT. $36,000.00 Irrigation System 12,000 $6,000.00 Sign(s) I no parking $25.00 $25.00 Sidewalks 650'West Beall, $2.50/SQ.FT. $23,125.00 1,200'North 25th SUBTOTAL $89,245.00 PHASE 5 Paving, Asphalt 13,000 $1.25/SQ.FT. $16,250.00 Curbing 500 $10.00/LN.FT. $5,000.00 2 ITEM SQ.FT./LN.FT. COST PER UNIT EST. TOTAL COST Landscaping ATTACHED $5,525.00 Site Preparation 48,000 $0.75/SQ.FT. $36,000.00 Irrigation System 12,000 $6,000.00 Sign(s) 2 ADA, 1 no $25.00 $75.00 parking SUBTOTAL $68,850.00 PHASE 6 Paving, Asphalt 10,000 $1.25/SQ.FT. $12,500.00 Curbing 600 $10.00/LN.FT. $6,000.00 Landscaping ATTACHED $6,430.00 Site Preparation 60,000 $0.75/SQ.FT. $45,000.00 Irrigation System 15,000 $7,500.00 Sign(s) 1 directory, 1 no $150.00, $25.00 $175.00 parking SUBTOTAL $77,605.00 PHASE 7 Paving, Asphalt 9,000 $1.25/SQ.FT. $11,250.00 Curbing 600 $10.00/LN.FT. $6,000.00 Landscaping ATTACHED $7,430.00 Site Preparation 76,000 $0.75/SQ.FT. $57,000.00 Irrigation System 19,000 $9,500.00 Sign(s) 1 no parking $25.00 $25.00 SUBTOTAL $91,205.00 PHASE 8 Paving, Asphalt 10,000 $1.25/SQ.FT. $12,500.00 Curbing 600 $10.00/LN.FT. $6,000.00 Landscaping ATTACHED $8,235.00 Site Preparation 74,000 $0.75/SQ.FT. $55,500.00 3 ITEM SQ.FT./LN.FT. COST PER UNIT EST. TOTAL COST Irrigation System 18,500 $9,250.00 Sign(s) 1 no parking $25.00 $25.00 SUBTOTAL $91,510.00 PHASE 9 Paving, Asphalt 13,000 $1.25/SQ.FT. $16,250.00 Curbing 600 $10.00/LN.FT. $6,000.00 Landscaping ATTACHED $8,435.00 Site Preparation 75,000 $0.75/SQ.FT. $56,250.00 Irrigation System 19,000 $9,500.00 Sign(s) 1 no parking $25.00 $25.00 SUBTOTAL $96,460.00 PHASE 10 Paving, Asphalt 17,000 $1.25/SQ.FT. $21,250.00 Curbing 800 $1 0.00/LN.FT. $8,000.00 Landscaping ATTACHED $9,770.00 Site Preparation 100,000 $0.75/SQ.FT. $75,000.00 Irrigation System 25,000 $12,500.00 Sign(s) 2 ADA, 1 no $25.00 $75.00 parking SUBTOTAL $126,595.00 SUB-TOTAL $1,006,475.00 TOTAL (1.5 TIMES SUB-TOTAL) $1,509,712.50 4 EXHIBIT B ESTIMATED COST OF LANDSCAPING IMPROVEMENTS DATE: JUNE 15, 1995 PROJECT: WILLOWBROOK CONDOMINIUMS, 2400 WEST DURSTON ROAD, MAJOR SITE PLAN,Z-9452 , PRELIMINARY PLAT, P-9510 DEVELOPER: KEN LECLAIR -7 -T- ITEM UNITS I SIZE COST PER UNIT EST. TOTAL COST PHASE 1 - I 1 dwelling units Evergreen Trees 8 5' - 6' $100.00 $800.00 Deciduous Canopy Trees 10 1 1/2 caliper $80.00 $800.00 Deciduous Flowering Trees 13 1 1/2 caliper $80.00 $1,040.00 Evergreen Shrubs 9 5 gal. $30.00 $270.00 Flowering Shrubs 35 18" - 24" $15.00 $525.00 Lawn 23,000 $5,750.00 SUBTOTAL $9,185.00 PHASE 2 (estimated) - 8 dwelling units Evergreen Trees 8 5' - 6' $100.00 $800.00 Deciduous Canopy Trees 8 1 1/2 caliper $80.00 $640.00 Deciduous Flowering Trees 8 1 1/2 caliper $80.00 $640.00 Evergreen Shrubs 8 5 gal. $30.00 $240.00 Flowering Shrubs 24 18" - 24" $15.00 $360.00 Lawn 13,000 $3,250.00 SUBTOTAL $5,930.00 PHASE 3 (estimated) - 10 dwelling units Evergreen Trees 17 5' - 6' $100.00 $1,700.00 Deciduous Canopy Trees 14 1 1/2 caliper $80.00 $1,120.00 Deciduous Flowering Trees 1 14 1 1 1/2 caliper $80.00 $1,120.00 5 ITEM UNITS SIZE COST PER UNIT EST. TOTAL COST Evergreen Shrubs 10 5 gal. $30.00 $300.00 Flowering Shrubs 50 18" - 24" $15.00 $750.00 Lawn 28,000 $7,000.00 SUBTOTAL $11,990.00 PHASE 4 (estimated) - 7 dwelling units Evergreen Trees 7 5' - 6' $100.00 $700.00 Deciduous Canopy Trees 7 1 1/2 caliper $80.00 $560.00 Deciduous Flowering Trees 7 1 1/2 caliper $80.00 $560.00 Evergreen Shrubs 7 5 gal. $30.00 $210.00 Flowering Shrubs 21 18" - 24" $15.00 $315.00 Lawn 12,000 $3,000.00 SUBTOTAL $5,345.00 PHASE 5 (estimated) -5 dwelling units Evergreen Trees 9 5' - 6' $100.00 $900.00 Deciduous Canopy Trees 5 1 1/2 caliper $80.00 $400.00 Deciduous Flowering Trees 5 1 1/2 caliper $80.00 $400.00 Evergreen Shrubs 5 5 gal. $30.00 $150.00 Flowering Shrubs 45 18" - 24" $15.00 $675.00 Lawn 1 12,000 1 $3,000.00 SUBTOTAL $5,525.00 PHASE 6 (estimated) - 8 dwelling units Evergreen Trees 8 5' - 6' $100.00 $800.00 Deciduous Canopy Trees 8 1 1/2 caliper $80.00 $640.00 Deciduous Flowering Trees 8 1 1/2 caliper $80.00 $640.00 Evergreen Shrubs 8 5 gal. $30.00 $240.00 Flowering Shrubs 24 18" - 24" $15.00 $360.00 Lawn 15,000 1 $3,750.00 6 ITEM UNITS I SIZE COST PER UNIT EST. TOTAL COST SUBTOTAL $6,430.00 PHASE 7 (estimated) - 8 dwelling units Evergreen Trees 8 5'- 6' $100.00 $800.00 Deciduous Canopy Trees 8 1 1/2 caliper $80.00 $640.00 Deciduous Flowering Trees 8 1 1/2 caliper $80.00 $640.00 Evergreen Shrubs 8 5 gal. $30.00 $240.00 Flowering Shrubs 24 18" - 24" $15.00 $360.00 Lawn 19,000 $4,750.00 SUBTOTAL $7,430.00 PHASE 8 (estimated) - 9 dwelling units Evergreen Trees 13 5'- 6' $100.00 $1,300.00 Deciduous Canopy Trees 9 1 1/2 caliper $80.00 $720.00 Deciduous Flowering Trees 9 1 1/2 caliper $80.00 $720.00 Evergreen Shrubs 9 5 gal. $30.00 $270.00 Flowering Shrubs 40 18" - 24" $15.00 $600.00 Lawn 18,500 $4,625.00 SUBTOTAL $8,235.00 PHASE 9 (estimated) - 11 dwelling units Evergreen Trees 11 5' - 6' $100.00 $1,100.00 Deciduous Canopy Trees 11 1 1/2 caliper $80.00 $880.00 Deciduous Flowering Trees 11 1 1/2 caliper $80.00 $880.00 Evergreen Shrubs 11 5 gal. $30.00 $330.00 Flowering Shrubs 33 18" - 24" $15.00 $495.00 Lawn 19,000 $4,750.00 SUBTOTAL $8,435.00 PHASE 10 (estimated) - 8 dwelling units -T- Evergreen Trees 14 151 - 61 $100.00 $1,400.00 7 ITEM UNITS SIZE COST PER UNIT EST. TOTAL COST Deciduous Canopy Trees 8 1 1/2 caliper $80.00 $640.00 Deciduous Flowering Trees 8 1 1/2 caliper $80.00 $640.00 Evergreen Shrubs 8 5 gal. $30.00 $240.00 Flowering Shrubs 40 18" - 24" $15.00 $600.00 Lawn 25,000 $6,250.00 SUBTOTAL $9,770.00 TOTAL $78,275.00 8