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Home My WebLink About95- Aldworth Development Project IMPROVEMENTS AGREEMENT FOR ALDWORTH DEVELOPMENT PROJECT, Z-94126: 2430 NORTH 7TH AVENUE; JEFF AND DEBRA ALDWORTH, 709 S. 6TH AVENUE, BOZEMAN, MT. 59715 THIS AGREEMENT is made and entered into this 2 `i day of *,,, , 1995, by and between Jeff and Debra Aldworth, 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 of the Developer to obtain Final Site Plan approval for Minor Site Plan/COA Application #Z-94126; and WHEREAS, it is the intent and purpose of both the Developer and the City to 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 project. 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 that property which is designated and 1 identified as Tract 19B of Gordon Mandeville State School Subdivision, Gallatin County, MT. and which is more commonly known as 2430 North 7th Avenue, Bozeman, MT. 2. Improvements This Agreement specifically includes improvements as illustrated on the plans and in the specifications hereto attached and made a part of this 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 either structure is to occur prior to the installation of all required improvements, 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 to avoid default on the method of security. 4. Inspection Representatives of the City shall have the right to enter upon the property at any 2 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. 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 any 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 709 S. 6th Avenue, Bozeman, MT.; 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. 3 6. Warranty The Developer shall warrant against defects in these improvements for a period of one year 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 Alterations No modification or amendment to 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. 4 10. No Assignment It is expressly agreed that the Developer shall not assign this Agreement in whole, or in part, without prior written consent from the City. 11. Successors Except as provided in paragraph 10, this Agreement shall be binding upon, ensure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assigns. JEFF ALDWORTH DEBRA ALDWORTH STATE OF MONTANA ) :ss County of Gallatin ) On this day of 1995; before me, a Notary Public for the 5 State of Montana, personally appeared known to me to be the persons who exec e e foregoing Improvements Agreement, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. Notary Public for the State of Montana Residing at.So wi 7 gee nr-45 Commission Expires: THE CITY OF BOZEMAN Phillip J. orb Director of Public Service STATE OF MONTANA ) :ss County of Gallatin ) On this J JA day 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and y r first Zwritte above. l otary Public for the State of Montana Residing at Bozeman Commission Expires: /'19 6 "EXHIBIT B": ESTIMATED COST OF IMPROVEMENTS ALDWORTH DEVELOPMENT PROJECT 2430 NORTH 7TH AVENUE PROJECT: #Z-94126 MINOR SITEPLAN/COA DEVELOPER: JEFF AND DEBRA ALDWORTH ITEM SQ.FT./LN.FT./QNTY. COST/UNIT EST COST. Asphalt paving 34,290 sq. ft. $ 1.25/sq.ft. $ 42,862.50 Concrete sidewalk- 5 ft. 2,075 sq. ft. $ 2.50/sq.ft. $ 5,187.00 Concrete curb- 6 in. 869 ln. ft. $10.00/ln.ft. $ 8,690.00 Landscaping: Colorado Spruce (Picea Pungens) 7 $ 225.00/ea. $ 1,575.00 Brooks Hybrid Poplar (Populus Brooks) 3 $ 250.00/ea $ 750.00 Potentilla Gold Finger (Potentilla Fruticosa) 6 $ 9.50/ea. $ 57.00 Quaking Aspen (Populus Tremuloides) 9 $ 120.00/ea. $ 1,080.00 Alpine currant (Ribes Alpinum) 23 $ 14.50/ea. $ 333.50 Fall Gold Ash (Fraxinus Nigra "Fall Gold") 5 $ 39.00/ea. $ 234.00 Scandia Juniper (Juniperus Sabina Scandia) 14 $ 25.00/ea. $ 350.00 Blue Chip Juniper (Juniperus Horizontalis") 17 $ 25.00/ea. $ 425.00 Laurel Leaf Willow (Salix Pentandra Vitellina) 5 $ 36.00/ea. $ 180.00 Installation of trees and shrubs (50% cost of plants) $ 2,492.25 (grading, sod, irrigation) 5,100 sq. ft. $ 0.21/sq. ft. $ 1,071.00 Signs (Disabled) 2 $ 25.00/ea. $ 50.00 Exterior light standards 2 $ 125.00/ea. $ 250.00 Garbage Enclosure 1 $ 250.00/ea. $ 250.00 Bike Rack 1 $ 130.00/ea. $ 130.00 TOTAL ESTIMATED COST $ 65,966.25 x 1.5 = $ 98,949.38