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Home My WebLink About11-28-16 CC Mtg - C4. Pine Meadow Subdivision Reimbursement Agreement Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Shawn Kohtz, Project Engineer Rick Hixson, City Engineer SUBJECT: Pine Meadow Subdivision Payback Agreement MEETING DATE: November 28, 2016 AGENDA ITEM TYPE: Consent Agenda RECOMMENDATION: Authorize City Manager to sign BACKGROUND: The Pine Meadow Subdivision developer requested establishment of a payback district for water, sewer, drainage, and street improvements that benefit the Pine Meadow Subdivision and County property owners on the west side of Valley Drive. The developer negotiated a payback of $18,000 per lot with the property owners on the west side of Valley Drive, which is documented by a legal agreement between the developer and adjacent property owners per Exhibit D in the attached agreement. FISCAL EFFECTS: Staff time to administer the payback district is compensated by a 7% administrative fee, which offsets the City’s costs. ALTERNATIVES: As suggested by the City Commission. Attachments: Agreement for Reimbursement and Exhibits Report compiled on: 11/16/16 50 Page 1 of 4 AGREEMENT FOR REIMBURSEMENT THIS AGREEMENT, made and entered into this ________ day of _____________________, 2016, by and between the CITY OF BOZEMAN, a municipal corporation, organized under the laws of the State of Montana, ("City"), and Joe and Melissa Horner of JJVM Properties LLC, ("Developer"). WHEREAS, Developer presently owns land located in Gallatin County, Montana, more particularly described as follows: Pine Meadow Subdivision – an amended plat of a portion of the remainder of Tract 7 of Smith Subdivision per C.O.S. No. G-27-A located in the NW ¼ of Section 11, Township 2 South, Range 5 East, P.M.M, City of Bozeman, Gallatin County, Montana , according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Gallatin County, Montana, WHEREAS, the City owns and operates a water system, sewer system, stormwater, and transportation system within and adjacent to its corporate limits; and WHEREAS, Developer has constructed a certain extension to said systems more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, which extension is capable of serving the tract hereinabove described; and WHEREAS, the extension to said systems described in Exhibit "A" is located within the area served by the City, and has been finally accepted by the City for maintenance and operation; and WHEREAS, the area capable of being served by the extension to said systems described in Exhibit "A", is herein referred to as "the benefitted properties", and is particularly described in Exhibit "B" attached hereto, and by this reference incorporated herein; and WHEREAS, the benefitted properties did not participate in the original cost of construction of the extension described in Exhibit "A", the total of which amounts to $18,000.00 per property; and WHEREAS, the City and the Developer desire to and intend by this agreement to provide terms and conditions by which Exhibit "B" properties may connect to, and utilize the extension; and WHEREAS, the parties hereto agree that the City will charge and collect a fair pro rata share from each of the described benefitted properties as they connect to said extension; NOW, THEREFORE, in consideration of the conveyance to the City of the extension described in Exhibit "A", and the mutual covenants contained herein, it is agreed by and between the City and Developer as follows: 1. The parties agree that the water and sewer line extensions have been constructed and installed in accordance with the requirements of the City and the Public Works Director. The Developer agrees to convey his interest in the extension and secure or grant any necessary easements for said extension to the City. The City agrees to accept said extension and easements 51 Page 2 of 4 for maintenance as part of its water and sewer systems. 2. The Developer has executed an agreement with the residents on the west side Valley Drive directly adjacent to Pine Meadow Subdivision in which the terms include a one-time lump sum construction payback amount for $18,000.00 per residence for each of eight (8) residences. The amount of $18,000.00 per residence is less than the actual construction cost as documented in Exhibit “C”. The terms of the agreement state that there is a ten year term for the payback and if all eight properties have not annexed after ten years, the Developer can extend the payback agreement an additional ten years. 3. The Developer has submitted to the City itemized invoices for labor, material and engineering directly attributable to the installation of the water system, sewer system, stormwater, and transportation system which costs are attached and incorporated by reference as Exhibit “C”. Additionally, the Developer entered into a private agreement with the property owners defined in Exhibit “B”, and said agreement is attached as Exhibit “D”. The Developer does hereby certify that the costs listed in Exhibit “C” are solely related to the installation of the water system, sewer system, stormwater, and transportation system to his property, described above. 3. The Developer has submitted an as-built set of plans together with the engineer's certification that the project was completed in accordance with the applicable laws, rules and regulations and cost of the extension. 4. The City agrees to collect from the owners of property benefitted by said extension who did not contribute to the cost of construction of said extension, and who subsequently connect to or use the same, a fair pro rata share of the cost of such construction based upon the sum of $18,000.00 per parcel, which unit charge shall be conclusively presumed to be a fair pro rata charge against the benefitted property. The reimbursement charges are in addition to the usual and normal charges that will be made by the City for service connections, monthly service charges and impact fees. The Developer hereby releases the City from any and all claims that may arise out of the collection of said charges, including but not limited to error in calculation of proportionate cost, failure to collect fees set forth herein and in making a determination that the property or portion thereof is or is not benefitted by said services. 5. The City shall account for funds received and remit said funds to Joe and Melissa Horner of JJVM Properties LLC, designated by writing as the agent to receive said proceeds by the Developer, approximately thirty (30) days following receipt of said funds, less an administrative fee of seven percent (7%) of the amount received. No extensions or connections shall be made to the sewer line without first paying the required amount and with the full knowledge of the City. However, if the City, for whatever reason, fails to collect the required fee hereunder, no liability shall arise nor any claim be made by the Developer against the City. 6. It is agreed that this agreement shall continue until Developer has recovered ninety- three percent (93%) of his total “as-built” construction costs, or upon the expiration of twenty (20) years, whichever shall occur first, whereby this agreement shall be deemed terminated and of no further force and effect. The Developer shall renew this agreement after ten (10) years as detailed in item 2 above. Failure of the City to recover the maximum reimbursement shall neither create a liability on the part of the City nor extend the Agreement beyond the period 52 Page 3 of 4 specified herein. Provided, however, that should this agreement not provide Developer with reimbursement as described above within said twenty (20) year period, this agreement may be extended by way of a mutual agreement between the parties, unless such an extension would work a hardship to the City. 7. Construction and installation of the water system, sewer system, stormwater, and transportation system is limited specifically to the terms and area covered by this agreement. Nothing in this agreement is to be construed as an obligation on the part of Developer to extend the water system, sewer system, stormwater, or transportation system to any points beyond those contemplated in this agreement and described in Exhibit "A.". 8. This Agreement has no effect on City charges for utility connections or impact fees. The City may connect to the above described extension other main extensions or side lateral extensions, as appropriate. Such connections shall not constitute grounds for reimbursement. Any connections to such extensions of the above described extension shall not constitute grounds for reimbursement. The City shall be the sole judge of what constitutes a main, side lateral extension, or sewer service. IN WITNESS WHEREOF the Parties hereto have executed this instrument the day and year first above written. Developer CITY OF BOZEMAN By:_____________________________ By:___________________________ STATE OF MONTANA ) ) ss. County of Gallatin ) On this _day of , 20 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared CHRIS KUKULSKI, known to me to be the City Manager, of the City of Bozeman and the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) ___________________________________________ Notary Public for the State of Montana 53 Page 4 of 4 (Printed Name) Residing at Bozeman My Commission Expires: / /20 State of Montana ) ):ss. County of Gallatin_______ ) On this day of , 20 , before me, the undersigned, a Notary Public for the State of Montana, personally appeared ____________________, known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same for and on his own behalf. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) _________________________________________ Notary Public for the State of Montana (Printed Name) Residing at _____________________________ My Commission Expires: / /20 54 PROJECT SITEDESIGN DRAWINGS FORPINE MEADOW SUBDIVISIONBOZEMAN, MTMARCH, 2016SHEET INDEXPROJECT LOCATIONSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C1.0COVER SHEET .DWGC1.0JRBMMMM/MJRECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/2016Exhibit A55 PAVING NOTESSCALING NOTEABBREVIATIONSWVNEWLEGENDEXISTINGDESCRIPTIONSURVEY CONTROLSHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C2.0NOTES, LEGEND, ABBREVIATIONS AND SURVEY CONTROL TABLE.DWGC2.0JRBMMGENERAL NOTESWATER NOTESSANITARY SEWER/STORM DRAIN NOTESRECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201656 SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C3.XSURVEY DATA AND EXISTING SITE TOPOGRAPHY .DWGC3.0JRBMMMJ/MMRECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201657 SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C4.XVALLEY DR. STA 1+00 TO 9+50 SEWER PLAN AND PROFILE.DWGC4.0JRBMMRECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201658 SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C4.XVALLEY DR. STA 9+50 TO 14+43 SEWER PLAN AND PROFILE.DWGC4.1JRBMMRECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201659 SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C5.XVALLEY DR. 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STA 9+50 TO 14+50 & W VILLARD ST. 1+00 TO 2+66 PLAN AND PROFILE VIEW.DWGC6.1JRBMMRECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201663 GRASS SWALE TRENCH DRAIN DETAIL2NEW SIDEWALK TRENCH DRAIN DETAIL 1STORM DRAIN INLET DETAIL4C7.0AADRY WELL DETAIL 5INLET SECTION A-ASHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C7.XSTORM DRAINAGE PLAN AND DETAILS .DWGC7.0JRBMMMM/MJPOND OUTLET STRUCTURE 3STORM WATER DETENTION POND LAYOUTRECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201664 SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C8.XEROSION CONTROL PLAN .DWGC8.0JRBMMMM/MJTONMANARECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201665 215ASPHALT HEADER DETAILVALLEY GUTTER DETAIL4C9.06SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C9.XDETAILS .DWGC9.0JRBMMMM/MJ3RECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201666 TYPICAL TRENCH DETAIL 1THRUST BLOCK DETAIL 256SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C9.XDETAILS .DWGC9.1JRBMMMM/MJSEWER MANHOLE DETAIL3MANHOLE STEP DETAIL4RECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201667 C9.2ADA ACCESSIBLE RAMP DETAIL1C9.2SIGN INSTALLATION DETAIL2SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C9.XDETAILS .DWGC9.2JRBMMMM/MJRECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201668 1+002+00SHEETDESIGNED BY:QUALITY CHECK:JOB NO.FIELDBOOKDRAWN BY:DATE:B15-085XX3/21/2016PINE MEADOW SUBDIVISION BOZEMAN, MT REV DATE Engineering tdhengineering.com REVISION TONMANAR15-085 C9.3INTERSECTION DETAILS .DWGC9.3JRBMMDURSTON ROAD AND VALLEY DRIVEINTERSECTION GRADING DETAILSVALLEY DRIVE AND WEST VILLARD STREETINTERSECTION GRADING DETAILSRECORD DRAWINGSAPPROVEDNAMETITLEDATETHOMAS, DEAN & HOSKINS, INC.ENGINEERING CONSULTANTS9/2/201669 QUALITY CHECK: DESIGNED BY: DRAWN BY: CAD NO. JOB NO. DATE: EXHIBIT B PINE MEADOW SUBDIVISION BOZEMAN, MONTANA PAYBACK PROPERTIES MRM 11/7/2016 B15-085 1 EXHIBIT B Exhibit B 70 Pine Meadow Subdivision Bozeman No. 16-041 11/7/2016 Payback District Parcels Area Area Map #Legal Description Owner Mailing Address (acres)(SF) 1 SMITH SUB, S11, T02 S, R05 E, Lot 1, LESS STRIP OF LAND N OF LOT STAKER ERIC ROBERT 549 VALLEY DR, BOZEMAN, MT 59718-2817 0.481 20,968 2 SMITH SUB, S11, T02 S, R05 E, Lot 2 SILVE REECE III & RACHEL E 535 VALLEY DR, BOZEMAN, MT 59718-2817 0.489 21,301 3 SMITH SUB, S11, T02 S, R05 E, Lot 3, REARR TR 7 SMITH WILBUR E 839 CUSTER AVE, BILLINGS, MT 59101-2734 0.510 22,216 4 SMITH SUB, S11, T02 S, R05 E, Lot 4 KINDSCHI GREG A 505 VALLEY DR, BOZEMAN, MT 59718-2817 0.460 20,038 5 SMITH SUB, S11, T02 S, R05 E, Lot 5, REARR TR 7 THOMPSON MARY F 441 VALLEY DR, BOZEMAN, MT 59718-2816 0.489 21,301 6 SMITH SUB, S11, T02 S, R05 E, Lot 6, REARR TR 7 STOBER GILBERT D 395 VALLEY DR, BOZEMAN, MT 59718-2815 0.489 21,301 7 SMITH SUB, S11, T02 S, R05 E, Lot 7, REARR TR 7 POWELL SAM C JR & CAROLYN S 315 N VALLEY DR, BOZEMAN, MT 59718-2657 0.469 20,430 8 SMITH SUB, S11, T02 S, R05 E, Lot 8, REARR TR 7 BURR MARK & PATRICE 301 N VALLEY DR, BOZEMAN, MT 59718-2657 0.469 20,430 Exhibit B Legal Description 71 Pine Meadow Subdivision Final Costs 11/7/2016 Item No.Description Estimated Quantity Units Unit Price Amount Water Improvements 101 Connect to Existing Water Main 2 EA 3,370.00$ 6,740.00$ 102 8" Water Main 735 LF 60.00$ 44,100.00$ 103 Fire Hydrant 4 EA 5,770.00$ 23,080.00$ 104 Testing 1 LS 3,000.00$ 3,000.00$ Sewer Improvements 201 Connect to Existing SSMH 1 EA 2,520.00$ 2,520.00$ 202 8" Sewer Main 971 LF 33.00$ 32,043.00$ 203 4' Diameter Manhole 5.0 EA 3,480.00$ 17,400.00$ 204 Testing 1 LS 2,330.00$ 2,330.00$ West Side Services 401 1" Water Service 8 EA 2,210.00$ 17,680.00$ 402 4" Sewer Service 8 EA 1,790.00$ 14,320.00$ 403 Tree Trimming And Removal LS 5,860.00$ -$ 404 Sidewalk and Boulevard Fill CY 8.00$ -$ 405 Sidewalk SF 6.80$ -$ 406 Replace Landscaping LS 4,000.00$ -$ 407 Approach Transition EA 2,650.00$ -$ 408 Connect Water Services to Structure EA 3,120.00$ -$ 409 Connect Sewer Services EA 3,490.00$ -$ 410 Yard Restoration EA 2,000.00$ -$ Street Improvements 501 Widen Existing Road SF 1.25$ -$ 502 Install Base 1,562 CY 29.00$ 45,298.00$ 503 Curb and Gutter 2,920 LF 23.00$ 67,160.00$ 504 Sidewalk SF 6.80$ -$ 505 Asphalt 44,520 SF 1.69$ 75,194.28$ 506 Backfill Behind Curb LS 1,940.00$ -$ Storm Drain Improvements 601 Install Inlets EA 3,040.00$ -$ 602 12" Storm Drain 25 LF 70.00$ 1,750.00$ 603 Pond Excavation 100 CY 4.90$ 490.00$ 604 COB Outlet Structure 1 EA 1,990.00$ 1,990.00$ ITEM Discription Split Total West Side Costs West Side Costs Per Lot 100 Water Improvements per lot 23,667.69$ 2,958.46$ 200 Sewer Improvements per lot 16,705.54$ 2,088.19$ 300 East Side Services no split -$ -$ 400 West Side Services no split 32,000.00$ 4,000.00$ 500 Street Improvements 50/50 93,826.14$ 11,728.27$ 600 Storm Drain Improvements 50/50 2,115.00$ 264.38$ 700 Miscellaneous Improvements no split -$ -$ 800 Engineering, Planning & Permits per lot -$ -$ 26 total lots with 8 on the west side. Grand Total 168,314.37$ 21,039.30$ 1 OF 1 Exhibit C 72 RELEASORS: RELEASEES: 1.Agreement AGREEMENT GREG and CINDY KINDSCHI, RACHEL AND REECE SILVE, GIL STOBER, CAROLYN and SAM POWELL, MARY F. THOMPSON, KEN PAULSON, MARK and PATRICE BURR, and ERIC STAKER, owners of the real property described in the Removal of Real Property from Building Restrictions for Smith Subdivision ("Removal of Real Property"), attached as Exhibit A and incorporated by reference. JOE and MELISSA HORNER, Post Office Box 1441, Belgrade, Montana 59714. In consideration for terms as described in paragraph two (2), the undersigned Releasors agree that the Building Restrictions for Smith Subdivision dated March l, 1967 ("Building Restrictions") are amended to remove the following property, commonly known as the Pine Meadow Subdivision, from the terms and conditions of those Building Restrictions as reflected in the Removal of Real Property agreement attached as Exhibit A. A parcel of land being the remainder of Tract 7, of Smith's Subdivision, located in the North Half (N V2) of the Northwest Quarter (NW 1A) of Section 11, Township Two South (T2S), Range Five East (RSE), P.M.M., Gallatin County, Montana ("Real Property"). 2.Terms In exchange for the Releasors agreement to remove the Real Property from the terms andconditions of the Building Restrictions, Releasees hereby agree as follows: (A)Upon the release of the Real Property described in Paragraph 1 from the Building Restrictions also described in Paragraph 1, the Smith Subdivision and the PineMeadow Subdivision will be two separate subdivisions and no HOA dues will be assessed to the Smith Subdivision lot owners for or on behalf of the Pine MeadowSubdivision and improvements related thereto. Exhibit D 73 3. (B)No Sidewalks will be installed on the west side of Valley Drive in the SmithSubdivision, and Releasees agree to support no sidewalks on that side of Valley Drive upon annexation, if and when that occurs. (C)Two driveway accesses (aka laydowns) will be installed for those SmithSubdivision lot owners interested, in the locations generally identified on the mapattached as Exhibit B and included by reference, with the locations of the secondary accesses or laydowns, subject to the approval of the City of Bozeman. (D)The payback costs Releasors may be subject to, upon annexation into the City ofBozeman, for water/sewer/stubs/curb-gutter/storm drainage improvementsresulting from the City's approval of the Pine Meadow Subdivision, pursuant to a payback agreement or agreement for reimbursement applied for by Releasees andapproved by the Bozeman City Commission, shall not exceed $18,000.00 perSmith Subdivision lot, with the Releasees being responsible for any costs overthat amount. (E)Any payback agreement or agreement for reimbursement between Releasees, or their representatives or assigns, and the City of Bozeman applying to Releasors and/or the Smith Subdivision shall limited to the following tenn: a.An initial ten ( 10) year payback te1m or until Developer has recovered ninety three (93%) of the costs described in Paragraph 2(B), whichever comes first. Should the initial term of the payback or reimbursement agreement not provide Developer with reimbursement of 93% of the Developer's costs, Developer may seek an additional ten ( I 0) year term from the City. Honoring Existing Obligations Releasees shall honor their existing obligations pursuant to the preliminary plat approval by the City of Bozeman on April 18, 2016 and the requirements of the Bozeman Municipal Code, the Montana Subdivision and Platting Act, and any applicable building codes and requirements, regulations and standards required by the local governing body and the State of Montana. 5.Disclaimer Each of the Releasors and Releasees have carefully read the foregoing, understand the contents thereof, and sign the same of their own free will and accord. This Release shall be binding upon Releasors' and Releasees' heirs, successors, personal representatives and assigns. 13.Taxation 2 74 Neither Releasee nor Releasee's attorney make any representations about the taxability of any portion of the consideration made in exchange for this Release and Settlement. Releasors shall bear the sole responsibility for any and all tax consequences related to receipt of the consideration discussed herein. 14.Severabilitv Should any provision of this Agreement be detennined to be unenforceable, allremaining terms and clauses shall remain in force and shall be fully severable. 15.Choice of Law 16. The laws of the State of Montana shall apply to the interpretation of this Agreement. Final Agreement This written Agreement constitutes the final agreement between the parties and shallsupersede any oral agreements to the contrary. 16.Choice of Law and Parol Evidence (alternate) This Release constitutes the entire agreement between the parties and fully extinguishesand supersedes any and all prior oral agreements or agreements which are contrary to the foregoing. The laws of the State of Montana shall apply to the interpretation of this agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 3 75 RELEASORS: GREG A. KINDSCHI and CINDY KINDSCHI !L ct' J �I t\,L y Dated: . ') i - ST A TE OF MONT ANA ) :ss.County of Gallatin ) �-\_ kl,. ::4 L .._ Dated: . I I I 'S ,:)_ I I 1oT I This instrument was acknowledged before me on the a. ""day of \\r\ "'1i , 2016, by Greg A. Kindschi and Cindy Kindschi. �� (NOTARIAL SEAL) Notary Public, State of MontanaPrinted Name: __ "-.,__�-----------Residing at: ________ ::::;.._ __ ..:::....�-------My Commission Expires: "";.._.:::,,,-........ --- [REMAINDER OF PAGE fNTENTIONALLY LEFT BLANK] 76 RELEASORS: RACHELE. SILVE AND REECE SILVE Ill \��Qu c�\£:1 Dated: ,:;/7-/ I la ST A TE OF MONT ANA ) :ss. County of Gallatin This instrument was acknowledged before me on the _J_day of /v\ (J_Y Rachel E. Silve and Reece Silve ill. ,,•'""''•, KIM KEENA /'.p� �-E·E'°4'',., Notary Public - . . . - f o r t h e State of Montana : ." Q1AR/,; · :. : ·" -·- ' : : Residing at: :_···. SEAL:·;} Bozeman, Montana --�-... . :._j../.-· My Cornrnlss\on Expires: ·,/ioi=·w.�,--November 07, 2015 ,,,,,.,1,,'' [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 5 , 2016, by 77 rf /RELEASORS: GILBERT D. STOBER ��-�----t>-�f �_ Dated: 5 · 2. · 2-O 1 (;, STATEOFMONTANA ) :ss. County of Gallatin ) This instrument was acknowledged before me on the �ay of � , 2016, by Gilbert D. Stober. ----V- CORRt:: LAF,SOi\i i\'iy Co1n1r. ss·or' F �. :,, s CCCC!Tlber 1 6, :_:,_ 1 ·: (NOTARIAL SEAL) Notary Public, State of Montana Printed Name: � Residing at: _______ '\ ------· -- - - My Commission Expires: · S-----�--- [REM AINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 78 RELEASORS: CAROLYN S. POWELL and SAM C. POWELL, JR. Dated: ;:°1 - '--\ G: STATE OF MONTANA ) L :ss. County of Gallatin ) 1 I / This instrument was acknowledged before me on the �3 �y of Sflw<,,� , 2016, by Carolyn S. Powell and Sam C. Powell, Jr. -Y CORHIE Lfa.HSON r..,r,::1rv P;.1bi1c tor 111(., S·:1l(' of r._lc;ntana n, ·:;,<.J,n,i �,t d,1icr;1_.: ·. l\.,1c,r;tor-'1a r .. ·y ... :c• n· ... �;s:cn Fxp·rc:..:;. f.,CCL'tllL,•:·, lii. ;--�()17 __Ck\J�lA �.� __ _ (NOTARIAL SEAL) Notary Public, State of Montana Printed Name: � ____ _ Residing at: '\. My Commission Expires: S: "" [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 7 79 RELEASORS: MARY F. THOMPSON STATE OF MONTANA ) :ss. County of Gallatin ) This instrument was acknowledged before me on the '/J�ay of�, 2016, byMary F. Thompson. d --��;\'>,'.C L/.,11,·\ .... ., �Qi1\l)1,j .�. f. \ SL\L : ::"?-: Or v.o� CORRiE I..ARS0i\J "-.t. i 1r\ Put)l1C Stc1'e of f\1ontana c...nG at r·nan rv�ortnna i:11/ r..,c · ·s,on Expires· c - r, r ·10. 2G: 7 rr �(NOTARIAL SEAL) N Printed Name: -----...----·----------Residing at: __ _ My Commission Expires: __ _ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 8 80 RELEASORS: KENNETHK.PAULSON 1�,� p� Dated: 5'/?../z.Dl V STATE OF MONTANA ) :ss. County of Gallatin ) Dated:--------- This instrument was acknowledged before me on the zti1>day of W'\ r\'" tt , 2016, byKenneth K. Paulson. WENDY L GREENIG NOTARY PUBLIC for !he Ste1e of Montana Residing at Bllllngs, Montana My Commission Expires July 10, 2018 [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 9 81 RELEASORS: MARK and PATRICE BURR Dated: .),-� 2 --;2. t / ,b STATEOFMONTANA ) :ss. County of Gallatin ) _;J/ l��-A.\ .,-'., /. --- Dated: !�/-J-J. 0 1 Y This instrument was acknowledged before me on the L-_ day of�, 2016, by Mark Burr and Patrice Burr.() CRYSTAL DEBELL NOTARY PUBLIC for the State of Montana Residing at Bozeman, Montana My Commission Expires June 2, 2018 Printed Name: �ec_,__-=1'--->----l----'"-'--'"---"'_.:.>""""l.-<-->....-«--+--\:--Res id in g at : ___ """-''-b...-"-'r-+------'...._,__.________.---=------ M y Commission Expires:_--�,__�_...,,__ ___ _ lREMAINDER OF PAGE INTENTIONALLY LEFT BLANK] JO 82 RELEASORS: ERIC ROBERT ST AKER Dated: 512... / ll# ST ATE OF MONT ANA ) :ss. County of Gallatin ) This instrument was acknowledged before me on the _Z _ day of HA'i Eric Robert Staker. , , •''' '' •,,, KANDICE ZIERMANN-MAGNUSON ,,,�µAl/Ji ' /'& . · · · · :'_l,r,;.',, Notary Public , 2016, by ff:�o,ARIA.£·\� for the Sta_te_ of Montana � · -·- · : Res1d1ng at: \�n'·. SEAL_:;: Bozeman, Montana rune: ________ _.,._/ ____ _Residing at: /,-.,. . . �' · E i \ ...,l'/j, · . -�'i',,' My Commission xp res: "',.-.,.,,.�,,1,\.,,'" Juty �7. 2019 My Commis-s-io_n_E_x_p_i-re_s_:��:/��-=-/ [REMAINDER OF PAGE fNTENTIONALL Y LEFT BLANK] 1 J 83 "r. L Vl� .1-dcvv�--- seph M. Horner bated: 7·- )-/ (. STJ\ TE OF MONTANA County of Gallatin :ss. This instrument was acknowledged before me on the _1. __ day of /vl_tl_'-(....,____ , 1016, by Joseph M. Horn�r and Melissa L. Horner. S -AL) Notary Public. Siate of Montana Printed Name:�_---· Residing at: _J_Q/ .. HA..l...t..'/ D LAt4..� My Commission Expires: Av6vsr /(,;,, 2on 12 84