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HomeMy WebLinkAbout05- Seise, Virginia T.; Land Recorded in Doc #2016190 - Landscape Screening Agreement ._, ~.....-.---~ . , .....! CITY OF BOZEMAN LANDSCAPE SCREENING AGREEMENT This Agreement is dated the ~ day of June , 2005, by and between Virginia T. Seise of 7084 Sourdough Canyon Road, Bozeman, MT 59715, (36.5% interest) and Virginia T. Seise of7084 Sourdough Canyon Road, Bozeman, MT 59715 and U.S. Bank Trust National Association MT (fka First Trust Company of Montana) of P.O. Box 730, Bozeman, MT 59771, as trustees of the Robert A. Seise Residuary Trust (63.5% interest) (Seise), their successors and assigns, and the City of Bozeman, a municipal corporation of the State of Montana, with offices at 411 East Main Street, Bozeman, MT 59715 (the City), its successors and assigns. WHEREAS, Seise has fee simple title to that parcel of land described by deed dated July 10, 2000 and recorded in Doc. No. 2016190, (Property) as filed with the Gallatin County Clerk and Recorder; and WHEREAS, the City, in or about the year 2004, did construct a chain link fence around its water treatment plant near the northwest comer of said Property, and WHEREAS, the City and Seise did verbally agree that the installation of trees on Seise's property to screen said fence would be mutually beneficial to both parties, and WHEREAS, both parties now desire to formalize said agreement with a written document under the terms and conditions herein, WITNESSETH: In consideration of the payments herein set forth and the specific agreements to be performed by both parties hereto and written into this agreement, the parties hereto bind themselves to the terms and conditions set forth herein. No verbal agreements shall be binding on either party and this agreement shall become effective upon execution by all the parties. 1. Seise has obtained a cost estimate of $3,200 for the installation of 16 evergreen trees to be installed on the Seise property to screen the chain link fence on the City's property. 2. Within 30 days of signing this Agreement, the City of Bozeman shall pay Seise the sum of $3,200.00 for the installation of the trees. Said payment shall be made to Virginia T. Seise and mailed to 7084 Sourdough Canyon Road, Bozeman, MT 59715. The parties hereby mutually agree that said payment is for the purchase of the trees described in paragraph 1 above and Seise shall complete planting ofthese trees within 500 days of receipt of said payment. 3. As soon as Seise's contractor is available after the payment described in paragraph 2 above is paid by the City of Bozeman, Seise agrees to have said trees installed. Said installation shall occur so as to screen the portion of the City's fence located between the Water Treatment Plant and Seise's structures and driveway located directly to the south of the Water Treatment Plant. The City agrees to delineate said boundary line at the request of Seise. In no H:\0417\040-01 \EASEMENTS\Seise\ Tree Agreement-FINAL-04200S.DOC ." . ..... event shall any trees be planted closer than 20 feet from the City's chain link fence. If said trees are to be installed on landscaping mounds, the bases of said mounds shall be at least 20 feet from the City's chain link fence. lflimbs from said trees encroach nearer than 20 feet from the City's fence as said trees mature, the City has the right to enter Seise's property to prune the northerly limbs to a reasonable distance from the City's fence. 4. Upon completion of the installation of said trees, Seise agrees to submit written notice of said completion to the City of Bozeman. 5. Seise agrees to indemnify and hold the City harmless from any and all claims, causes of action, liability, or damages (including attorney fees and costs) arising or incurred on account of or during Seise's or Seise's contractor's installation of the screening trees. 6. The failure of either party to take action with respect to any breach of any term, covenant, or condition contained in this Agreement shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition, unless such waiver is in writing and signed by the parties. 7. Time is of the essence of this Agreement, and of each and every covenant, term, condition, and provision of this Agreement. 8. This Agreement shall be governed by, construed, and enforced in accordance with the laws ofthe State of Montana. 9. This Agreement constitutes the entire Agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 10. Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if evidenced in writing signed by each party. 11. This Agreement shall be binding upon and inure to the benefits of the heirs, personal representatives or assigns of the parties. 12. In the event either party files suit to enforce the terms of this Agreement, the prevailing party in such suit shall be entitled to recover the costs of such suit, including attorney fees, including salary of in-house counsel, from the other party. H:\0417\040-0 I \EASEMENTS\Seise\Tree Agreement-FINAL-042005.DOC , , .. IN WITNESS WHEREOF, the parties have signed this Agreement on the date set forth after their signatures. ~~ ~~?4L~ 0?/rjJ/ V lrglOl@l . Selse Date STATE OF MONTANA ) ) ss. COUNTY OF GALLATIN ) On this J..:L~ay of ,2005, before me the undersigned, a Notary Public for the State of Montana, personally peared Virginia T. Seise, known to me to be the person whose name is subscribed to in the within instrument, and acknowledged to me that she executed the same. :\,,\\\\\\~'<<'~ESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and ft~~ove.~~~ ~<v.. .,~~ ___ .,. l .:~OTAR/..qi.. ~ ~"- - ..~ .' ~') g . _0- . a Notary Public for the ate tana =*. .*= * ~.. SEAL: $ (Printed Name) .ErlLo... i'-i. L<. <...... ~ .\ T) .:S S: 'd' p.y ~ LV-- . . ;s- $ Resl 109 at: /. ~CI. cc.: . r-II '-.. .. ...~O~~~ My Commission ires:fiI,23j20 ~ "'/~ IVI ;>.\\\ "'111/1111I\\\\\ '\ Jl .~ ...5//7/dIJO.5 Trustee for t e Robert A. Seise Residuary Trust Date On this I 7~ay of In a , for the State of Montana, personally a eared It, known to me to be the Trustee of the Robert A. Seise Residuary Trust and the person w se name subscribed to in the within instrument, and acknowledged to me that he/she executed the same for and on behalf of said Trust. ST ATE OF MONTANA ) ~.Q ~o""stoH t.. : ss. COUNTY OF A L~~nH ) v.~\~\H:'~" ~\.\<.\\A\ ifl41~/~}". "'."(%' ,.,....,~ .... ~'~ (SEAL) f.., '"Bla -\ \ -~ Wi -*. ~ ' ftfjlAL 1 = -;;, ,B~ .' ~ -;.~~, ..~~2 ~. '. . .. ;:.....~ .. ~~~,:;'t .'u"....~'\ ~",.., '" OF MO. \\\' li;Iu,..:aIJ'\\\\ m11:\0417\040-01 \EASEMENTS\Seise\Tree Agreement-FINAL-042005. DOC . . , ... ~;1~~ 6-7.-o~ CITY OF BOZEMAN Date Chris Kukulski, City Manager -..-. ~.,- A TIEST: -- ~L~~ June 7.2005 Clerk of the City Comnrission Date STATE OF MONTANA ) ) ss. COUNTY OF GALLATIN ) On this 1fi^.ctay of ~ , 20OS, before me, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI and ROBIN L. SULLIVAN, lrnown to me to be the City Manager and Clerk of the City Commission, respectively, for the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year above written. ~~~ Notary Public ~te of M tana (SEAL) (Pri~t~d Name) .~ b (It) AA ~p A--. Resldmg at: My Commission Expires:2J.2df/2O..t:tL H:\0417\040-01 \EASEMENTS\Seise\Tree Agreement-FINAL-042005.DOC