The URL can be used to link to this page

Home My WebLink About95- Bridger Arms Condominium, Phase 2 HLE ,I1c LEHI'! . i.IFLLEI! iD :4;.-' 1-11 0; <a :44 hlo . 003 IMPROVEMr,NTS AGREEIIE14T FOR BRIDGER ARMS CONDOtITNIUM, PHASE 2 434 WEST BABC'OCK THIS AGREEMENT is made and entered into this �,r�, day of -�, 1995 , by and between Jahn B. Love lace, coo LRD Company-Agent, 201 South Wi118011 Avenue-, Bozeman, MT 59715 , hereinafter called the "Developer" , and the City of Bozeman, a Municipal Corporation of the State of Montana, helreiriafter called the "City' . WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval of a Miner Site Plan application to allow the removal of all Existing 1101-1se and construction of at new four unit apartment building 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; ar1(.3 it is the intent of this Agreement,, alld Of tile, parties hereto, to satisfy the improvements guarantee requirements for the conditional approval of said Minor Site Plan , NOW, THEREP'OR8, in consideration oL th(: mutual covenants and conditions coIlLaineci herein, it is hereby agreed as follotgs : 1 . Pr�ert;� APe�xJ.,�r�_ic�ll This Agreement pertains to and inc.1 uiJeF3 those Properties which are designated and identified as Tracts l and 2 of. Rouse' s 3rd Addition, City, of Bozeman, Montana, and more colrunonly known ae 414 West Babcock Street. . Z . Imprnvementa This Agreement specifically includes landscaping, paving, 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 "EX1)4j-)- 1. I3" . IMF"r'="DHLt ,11c LEHP1 NELLr.N i It •40ED-5{ 1-9—:-91 ?l�l_ �;� `_15 NO .00 3 F .0' 3 . Financial Guarantee Time for_..Com�lction�f Ima�ia��emen�s If occupancy of the structure is to occtir p1j,or 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 cane-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 ) nu,lithc of occupancy in order to avoid default on the method of security . 4 . ierC� Representatives of the City shall have the right to enter upon the property at any reasonable time in order to inspect it and to determirie 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 . S . Default a Time is of -the essence of this Agreement . If the Developer shall default in or fail to fully perform any of 1 is 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 specify1ng the default is deposited in the United States mail addressed. to the developer at 201 South Willson Avenue, Bozeman, MT 59715, or such other address as the Developer shall provide to the city fror(i time to time, without being completely reitiodied, satisfied, and discharged, the City may elect to enforce any of the following speca.fj-e(.j remedies : A) The C3.ty may, at its option, declare the financial guarantee to be forfeited and secure the complete construction and .inspection of the improvemei-its described herein . The City' s representative, contractors, and engineer's sha31. have the right to enter upon etas property 2 DF. _ t!ALE v tic LEgf`d , hdELLEH J D :406-5--.' 1 Ul 0; 1 (-'1V 9 :A5 l lo .003 F . 04 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 pzavi.ded 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 mutt be replaced with another living plant that complies with the approved landscape plan. 7 . Governina Law This A.greement shall be construed according to the laws of the State of Montana . 8 . Modifications, or Alterations No modifications or amondment of this Agroement shall be valid, unless evi.denc.ed by a vri_ting 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 bhall be construed in all respects as if such invalid or unenforceable provision were olaitted. 10 . No As sagnment 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 DP'*,`�DOLE ,r'IcLERN - NELLEN T D :4 G'6- 11Y '95 9 : 46 h40 .007 P . 05 Lc�C P-1-8 F"q.L-S, Except as provided in paragraph lo, 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 . STATE OF County of on this day of 1995 , before me, a Notary Public State of personally appeared known Lo me to be the person who executed the foregoing Improvements Agreement, and acknowledged to me that he/she e�,,eQuted the saute. IN WITNESS WHEREOF, I have hereunto set my hand aild af f j.xed my Notarial Seal the day and year first above written . C Notary Public, f . State of Residing at Commission E'iipi" THE CITY OV 80ZE14AN J311 i 141 i P F ��bke4 — Diiector of Public Service STATE OF MONTANA ssF county of Gallatin On the day f � + 1995, before, me, a Notary Public for the Stateof personally appeared Phillip J. Forbes, known to me to be the person described in and who executed the foregoing instrument ae 0j"rector of Public Service of the City of Bozeman, vihose name is subscribed to the within instrument and acknowledged to inc, 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 year first written above . f C�)r �t Nlo (a Oyllu lie )r State �ofj ntana Residing at Dozeman (� COMI-ili8sion Expires - "EXHIBIT B" ESTIMATED COST 03 I FS7 «2G BRIDGER ARMS C0N"0MI§ZL% PI-LA-SE 2 4£4 WEST B_k_PEOE-< S2&222 ? £CT _ -3533 - "ia0£ Sites @ia to ali» ; a Reg £oef-22e% e , _ave22ca £a£ aaw £C= ' 850 = 2s. ' 1 , 2` y : `. ; 5'q . _ .,a\ 2 . z 1£ k Er£h Lor zee = Jk{a§ 102 £!0 Ir ,£: gev C�5 37 1&. £t, %Ig , onzl=. 3=. i £ae sile-a±k 110 zio, It, 2E=-az 2a=2=g= E ge 1 ( t8 ' . .5£ lt ; 0 « _ . 3a Ee &32 {. 236 sq. tt. 3 :as-al� aE` 0 2 zf }edge aa2 arasss ( 510% o£ =cz _ . Fence, 6 ' S£gd z 531 360 3g. £t. \ 1 . 30/ag. l= . 3 , .0 .00 Wood Garbage EnCLOSa£e I $25A .00 ca. S 25.0 00 Lek£ IS3I \IaS 2C32 9 ) ; ;2g . 50 k 2 ,5 = it& . a94 .25