The URL can be used to link to this page

Home My WebLink About95- Spring Meadow Residence Assisted Living Community IMPROVEMENTS AGREEMENT FOR SPRINGMEADOW RESIDENCE ASSISTED LIVING COMMUNITY 3175 GRAF STREET THIS AGREEMENT is made and entered into this day of , 1995 , by and between Spring Meadow Associates, c/o 201 South Wallace, 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 Minor Site Plan application to allow the construction of a 74 unit assisted living facility on the subject property, 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 Minor Site Plan. 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 Lot 2, Block 2, Spring Meadows Subdivision, City of Bozeman, Montana, and more commonly known as 3175 Graf Street . 2 . Improvements This Agreement specifically includes parking lot paving, landscaping, 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 3 . Financial Guarantee, Time for Completion of Improvements If occupancy of the structure is to occur prior to completion of all required on-site improvements , this 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 approval in order 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 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 201 South Wallace Avenue, 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 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 2 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. 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 . SPRING MEADO SOCIATES f BY: Tits-1 STATE OF : ss County of ) i On this / �� day of 1995, before me, a Notary Public for t e State OR personally a peared �� al SOi'r�G�� known to me to be the of 5prinq Meadow Associates, the corporation who execut d 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. 2Gi'z pJ iLLZ6�'- =iding ary Public for State of at Commission Expi es : - Q- THE CITY OF BOZEMAN Phillip J./Foygges Director of Public Service STATE OF MONTANA ) : ss County of Gallatin ) On the A 41' day of 1995, before me, a Notary Public for the State of ty personally appeared Phillip J. Forbes, known to me to heson 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. I WITNESS WHEREOF, I have hereunto set my hand and affixed my seal,- thq day and year first written above. Notary Public for State of Montana Residing at Bozeman Commission Expires :_ -10--99 4 "EXHIBIT B" ESTIMATED COST OF IMPROVEMENTS SPRINGMEADOW RESIDENCE ASSISTED LIVING COMMUNITY 3175 GRAF STREET ----------------------------------------------------------------------------------------- PROJECT: Z-9535 - Minor Site Plan for a 74 unit assisted living facility DEVELOPER: Spring Meadow Associates ----------------------------------------------------------------------------------------- ITEM SQ.FT. /LN.FT. COST/UNIT EST. COST Asphalt parking (per site plan) 28, 491 sq.ft. $ 1 . 25/sq.ft. $35, 613 . 75 5 ' Sidewalk on site 975 ln. ft. 4, 875 sq.ft. $ 2 . 50/sq.ft. $12, 187 . 50 5 ' Boulevard Sidewalk 95 ln.ft. 475 sq.ft $ 2 .50/sq.ft. $ 1, 187 . 50 Concrete approaches (2 ) 520 sq.ft. $ 2 .50/sq. ft. $ 1, 300 . 00 Curb 1, 944 ln. ft. $10 . 00/ln. ft. $19 , 440 . 00 Landscaping: Norway Maple 28 $ 69 . 00 ea. $ 1, 932 . 00 Marshall Seedless Grn Ash 16 $ 79 . 00 ea. $ 1, 264 . 00 Scotch Pine 11 $150 . 00 ea. $ 1, 650. 00 Purple Leaf Plum 17 $ 15 . 00 ea. $ 255 . 00 Tam Juniper 10 $ 25 . 00 ea. $ 250 . 00 Savin Juniper 10 $ 25. 00 ea. $ 250 . 00 Installation of Trees and shrubs (50% of cost of plants ) $ 2, 800 . 50 General Landscape (grading, sod, irrigation) (per site plan) 158, 196 sq. ft. $ 0 .50/sq.ft. $79, 098 . 00 Security lights 18 $125 . 00 ea. $ 2, 250 . 00 Bike Rack 1 $130 . 00 ea. $ 130 . 00 Trash Enclosure 1 $250 . 00 ea. $ 250 . 00 Disabled Parking Signs 2 $125 . 00 ea. $ 250 . 00 Picnic Tables 3 $200 . 00 ea. $ 600 . 00 TOTAL ESTIMATED COST $160, 708 . 25 x 1 .5 = $241, 062 . 00