HomeMy WebLinkAbout94- Boarding House Conditional IMPROVEMENTS AGREEMENTS
FOR i
BOARDING HOUSE CONDITIONAL USE PERMIT ;;Z-9415
THIS AGREEMENT is made and entered into this t07 day of
19 by and between Steve and Marianne
Liebmann , 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 Conditional Use Permit application
#Z-9415 allowing the conversion of an existing two family dwelling
to a boarding house; 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 Conditional
Use Permit 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 the west 80 feet of Lots 19 ,
20 , 21 , 22 , 23 and 24 , Block 34 , Capitol Hill Addition,
1
PAGE 2 OF 5
IMPROVEMENTS AGREE�, T
BOARDING HOUSE CUP rZ-9415
Bozeman, Gallatin County, Montana, and more commonly described
as 426 West Garfield, Bozeman, Montana.
2 . Improvements
This Agreement specifically includes the installation of
landscaping and parking 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 . "
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 not 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 ,
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IMPROVEMENTS AGREEM-
BOARDING HOUSE CUP YZ-9415
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
after written notice specifying the default is deposited in the
United States mail addressed to the Developer at 426 West Garfield ,
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 laic.
6 . Warranty
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IMPROVEMENTS AGREE^. T
BOARDING HOUSE CUP Z-9415
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 . Any required landscaping
must be maintained in a heaI.thy, 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 accordingg 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 AGREEML
BOARDING HOUSE CUP =Z-9415
DEVELOPER
Steve Liebmann karinnne Liebmann
STATE OF MONTANA )
: ss
County of Gallatin )
On this day of `i[ , 19q�, before me , a
Notary Public for the State of Montana, personally appeared Steve
Liebmann and Marianne Liebmann Known to me to be the persons who
executed 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
Not ' 1 Seal t day and year first above written.
Notary Public or State of Mont na
Residing at:
Commission Expires:
( SEAL )
THE CITY OF BOZEMAN
Phillip J F Les
Director of Public Ser%-ice
STATE OF MONTANA )
: ss
County of Gallatin )
On the day of // , 19 l , 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 b/n t e y and year first written above .
Notary Public ; r State o Montana
Residing at :
Commission Expi es: / /J -9T
( SEAL )
"EXHIBIT B"
ESTIMATED COST FOR IMPROVEMENTS
-.----------------------------------------- ----------------------------------------------------
DATE: 12 May 1994
PROJECT: Boarding House CUP
DEVELOPER: Steve and Marianne Liebmann
---------------------------- ,-------- -------- -------------------------------------
Item- Sq,Ft , /Ln , Ft . Cost Per Unit Est , Cost
Paving:
Asphalt
r
Concrete 171 SF $3. 00/SF 513 . 00
Sidewalks :
Curbing:
Landscape : 23 hedge; 2 lilac $3. 50/hedge ; $16. 00/lilac 112 . 00
Landscape Protection:
Garbage Enclosure : 1 •unit $250. 00/unit 250 . 00
Exterior Lighting:
Water Improvements :
Sewer Improvements :
Street Improvements :
TOTAL 875. 00
X 1. 5
$1, 312 . 00 .
Approved By City Engineering Office: Date: 1