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Home My WebLink About96- Fullerton Minor Site Plan, 15 W. Olive and 12 S. Willson IMPROVEMENTS AGREEMENT FOR Fullerton Minor Site Plan #Z-95145 15 W. Olive and 122 S. Willson THIS AGREEMENT is made and entered into this 9 ' day of 1996, by and between Carol Fullerton, 51 Park Plaza, 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 site improvements, including paving and reconfiguring the parking lot, landscaping, and signage on the 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: I. Property Description This Agreement pertains to and includes those properties which are designated and identified as two tracts of land composed of Lots 11-13, and the S. 10 feet of Lot 14, City of Bozeman, Gallatin County, Montana, and more commonly known as 15 W. Olive and 122 S. Willson. 2. Improvements This Agreement specifically includes landscaping, paving, and other improvements as illustrated on the approved Final Site Plan 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". 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 of the building 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. 1 5. Default Time is of the essence for 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 a written notice specifying the default is deposited in the United States mail and addressed to the developer at 51 Park Plaza, 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 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 under and governed by the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, 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. 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. 2 Carol Fullerton STATE OF MONTANA) :ss County of Gallatin ) On this5111 day of 1996, before me, a Notary Public for the State of Montana, appeared Carol Fullerton, k own to me to be the person who executed the foregoing Improvements Agreement, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. �j L A , L Not ry Public fpr State of Mofitana Residing at Commission Expi es: 3 THE CITY OF BOZEMAN )Z� d " Phillip J. For es Director of Public Service STATE OF MONTANA) :ss County of Gallatin ) On the day of �Fes�fknown 1996, before me, a Notary Public for the State of Montana, personally appeared P Ilip J to me to be the person described in and who executed the foregoing instrume t as Director ublic 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 ven r first written abo e. ,, /I � RaAji -- LLOnu n C.l�� Notary Public for State of Montana Residing at Bozeman !2 D l ?S�a' Commission Expires: 3 EXHIBIT B ESTIMATED COST FOR IMPROVEMENTS DATE: JUNE 27, 1996 PROJECT: FULLERTON OFFICE BUILDING, #Z-95145 DEVELOPER: CAROL FULLERTON ITEM SQ.FT./LN.FT. COST PER UNIT EST. TOTAL COST Paving, Asphalt 4411 $1.25/SQ.FT. $5513.75 Paving, Concrete 757 $2.50/SQ.FT. $1892.50 Sidewalks 2301 $2.50/SQ.FT. $5752.50 Curbing 339 $10.00/LN.FT. $3390.00 Landscaping ATTACHED ATTACHED $3024.00 Landscape Installation -- 50% of plant cost $1512.00 Sod/Prep/Installation 954 $0.75/SQ.FT. $715.50 Garbage Enclosure 1 $500.00 METAL $500.00 Non-sod Prep 1778 $0.30/SQ.FT. $533.40 Berm/Pond Construction 336 $0.30/SQ.FT. $100.80 Exterior Lighting $350.00 0 Irrigation System 1 $2,000.00 $2,000.00 Bike Rack 2 $130.00 $260.00 Sign(s) 4 $125.00 $500.00 SUB-TOTAL $25,694.45 TOTAL (1.5 TIMES SUB-TOTAL) $38,541.67 EXHIBIT B ESTIMATED COST OF LANDSCAPING IMPROVEMENTS DATE: JUNE 27, 1996 PROJECT: FULLERTON OFFICE BUILDING, #Z-95145 DEVELOPER: CAROL FULLERTON ITEM UNITS SIZE COST PER UNIT EST. TOTAL COST TREES Broadleaf Linden 6 1-1/4" $69.00 $414.00 SHRUBS Mugho Pine 22 #15, 24" $67.00 $1474.00 Purple-leaf Plum 44 24" $19.00 $836.00 Potentilla 8 18" $15.00 $120.00 Assorted Groundcover 90 $2.00 $180.00 TOTAL $3024.00