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Home My WebLink About95- HRDC Apartments IMPROVEMENTS AGREEMENT FOR HRDC APRTMENTS NORTH 24TH AVENUE AND WEST BABCOCK STREET` THIS AGREEMENT is made and entered into this�day of c , 1995,by and between the Human Resource Development Council, 321 East Main Street, Suite 300, 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 Major Site Plan application to allow a the development of three four-plex and four tri-plea apartment structures on the property described below; and WHEREAS, it is the intent of the Developer to obtain Final Site Plan 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. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Properly Description This Agreement pertains to and includes those properties which are designated and identified as Lot 1,Block 1, and Lot 1,Block 2, West Babcock Subdivision, City of Bozeman, Montana, and more commonly located at the northeast and northwest corners of the intersection of West Babcock Street and North 24th Avenue. 2. Improvements This Agreement specifically includes landscaping, parking, and other improvements as illustrated on the plans and 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". 1 r 3. Financial Guarantee Time for Completion of Improvements The construction of the apartments is possible through grants received by the City of Bozeman on behalf of the Human Resource Development Council, among other types of financing. The developer shall inform the City if occupancy of any structure is to occur prior to completion of all required on-site improvements. All required improvements shall be completed within nine (9)months of occupancy. 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. 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 321 East Main Street, Suite 300, 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 improvements not complete after occupancy has occurred for nine months, and contract using CDBG funds to complete the improvements. 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 to enable them to do so. B) The City may enforce any other remedy provided by law. 2 6. Warranty 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 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 of the City. 3 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. SOURCE DEVEL PMENT C CI HU'BY: STATE OF MONTANA ) :ss County of Gallatin } On this 7 day of 1995, before me, a Notary Public for the State of Montana, personally appeared �2�;�;4 , known to me to be the of the Human Resource Development Council,the corporation who executed the foregoing Improvements Agreement, and acknowledged to me that he/she 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. No lic for State of Residing atzc�n�.9.✓ Commission Expires: THE CITY OF BOZEMAN Phillip J. For es Director of Public Service STATE OF MONTANA ) :ss County of Gallatin) h On the 4 day of -Z 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 wri en ove. Notary Public for State of Montana Residing at Bozeman _ Commission Expires: 10 4 "EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS HRDC APARTMENT COMPLEX NORTH 24TH AVENUE AND WEST BABCOCK STREET - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - PROJECT: Z-9553 - Major Site Plan to allow the development of three four-plex and four tri-plea apartment buildings DEVELOPER: Human Resource Development Council - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - ITEM SO.FT. /LN.FT. COST/UNIT EST. COST Asphalt parking (per site plan) 14, 486 sq. ft. $ 1 .25/sq. ft. $18, 107 .50 5 ' Sidewalk on site 1280 lnft. 6 , 400 sq.ft. $ 2 .50/sq. ft . $16, 000 . 00 5 ' Boulevard sidewalk 741 lnft. 3, 705 sq. ft. $ 2 . 50/sq. ft. $ 9 , 262 .50 Curb 682 ln. ft. $10 . 00/ln. ft. $ 6, 820 . 00 Landscaping: Schwedler Maple 25 $ 54 .00 ea. $ 1, 350. 00 Colorado Spruce 7 $ 85 .00 ea. $ 595. 00 $ ea. $ Cottonless Cottonwood 15 $ 44 . 00 ea. $ 660. 00 Juniper 16 $ 25 . 00 ea. $ 400. 00 Evergreen Shrub 34 $ 25 . 00 ea. $ 850.00 Installation of Trees and shrubs (50% of cost of plants) $ Trash Enclosures 4 $250 .00 ea. $ 1, 000 . 00 Security lights 4 $125 . 00 ea. $ 500. 00 Bike Racks 4 $130 .00 ea. $ 520. 00 Fence - 6 ' high 120 ln.ft. $ 1.50/sq. ft. $ 1, 800.00 TOTAL ESTIMATED COST $ x 1.5 = $