HomeMy WebLinkAbout18- Annexation Agreement - Bozeman High School District 7 - 2017 Second High School Original to:
PLATTE
City of Bozeman
City Clerk 2603871
PO Box 1230 Page: 1 of 44 01/17/2018 02:06:56 PM Fee $308.00
Bozeman, MT 59771-12 3 0 Charlotte
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2017 2ND HIGH SCHOOL ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this�day of , 201%by
and between the CITY OF BOZEMAN, a municipal corporation and self-governing political
subdivision of the State of Montana with offices at 121 North Rouse Avenue, Bozeman,
Montana 59771-0640, hereinafter referred to as "City", and BOZEMAN HIGH SCHOOL
DISTRICT 7, 404 W. Main Street, Bozeman, MT 59715, hereinafter referred to as
"Landowner". The City and Landowner are collectively referred to as "the Parties."
WITNESSETH:
WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the 2017 2ND HIGH SCHOOL ANNEXATION situated in Gallatin County,
Montana, to be referred to herein as "the Property" and more particularly described as
follows:
A tract of land,said tract being Tract IA2 of Certificate of Survey No.2554B,being
located in the Southwest Quarter of Section 3, Township 2 South, Range 5 East,
Principal Meridian Montana, Gallatin County Montana.
WHEREAS, Landowner petitioned the City for annexation to the City of said tract of
land; and
2017 2nd High School Annexation Agreement 1
WHEREAS, the Property is not within the corporate limits of the City or other
municipality and may therefore be annexed to the City in accordance with the provisions of
this Agreement and Title 7, Chapter 2, Part 46, MCA; and
WHEREAS, all parties recognize that the annexation of the Property pursuant to
Section 7-2-4601, et seq., MCA will allow the Property to connect to and utilize City services,
including municipal water and sewer service, stormwater infrastructure, fire service, and
the City's street system, as requested by Landowner on September 19, 2017 and approved
by the City on November 13, 2017; and
WHEREAS, Section 7-2-4610, MCA provides that a municipality and landowner may
agree upon a plan for the provision of services to the area to be annexed; and
WHEREAS,the parties recognize additional development on the Property will impact
area streets, police, fire, and recreation services, water and sewer systems, among others,
and that development of the property will require improvements to City facilities and
services including streets for traffic circulation and the provisions of police, fire, fire, and
recreational services; and
WHEREAS, Landowner finds this Agreement will provide for the most satisfactory
and dependable water supply and sewer service, stormwater infrastructure, and provide
traffic circulation and City services necessary for development of the Property; and
WHEREAS, the parties have determined that it is in the best interests of the City and
Landowner, and in furtherance of the public health,safety, and welfare of the community to
enter into and implement this Agreement.
2017 2nd High School Annexation Agreement 2
WITNESSETH:
IN CONSIDERATION of the mutual covenants and agreements herein contained, the
parties hereto agree as follows:
1. Recitals
The above recitals are true and correct.
2.Annexation
Landowner filed an application for annexation of the Property with the City on
September 19, 2017. By execution of this Agreement, the City manifests its intent to annex
the Property tract pursuant to the terms and conditions of this Agreement and Landowner
agrees to be bound by the terms of this Agreement in regards to any future development of
the Property. Subject to the provisions of Title 7,Chapter 2, Part 46, MCA the City shall, upon
execution of this Agreement,adopt a Resolution of Annexation of the Property. Further,upon
the execution of this Agreement, Landowner shall do all things required by this Agreement
and all things necessary and proper to aid and assist the City in carrying out the terms,
conditions, and provisions of this Agreement and to effect the annexation of the Property.
3. Services Provided
The City will, upon annexation, make available to the Property existing City services
only to the extent currently available, or as provided in this Agreement.
4. Future Development Limitations
2017 2nd High School Annexation Agreement 3
Landowner understands and agrees that there is no right, either granted or implied,
for Landowner to further develop any of the Property until it is verified by the City that the
necessary municipal services, including but not limited to police and fire protection, streets,
stormwater infrastructure, and sewer and water capacity, as provided herein or as may be
required pursuant to the City's approval of an application for development of the Property,
are available to all or a portion of the Property. Notice is thus provided to Landowner that
prior to occupancy of development of the Property, any facilities or infrastructure required
to provide full municipal services to the Property must be constructed in accordance with
the City's infrastructure master plans, adopted Growth Policies/Community Plans, and all
other city regulations, policies, and guidelines that may be in effect at the time of
development.
5.Interlocal Agreements for Financing Off-Site Infrastructure and Use of the Bozeman
Sports Park:
Landowner may enter into an interlocal agreement with the City to provide for the
sharing of costs with the City related to off-site infrastructure listed in sections 12, 17, and
18. In addition,should the Landowner desire to use a portion of the Bozeman Sports Park to
meet its parking requirements and construct recreational facilities the Landowner must,
prior to commencing construction on the Sports Park property, enter into a separate
interlocal agreement with the City that would provide for the Landowner and the City to,
among others (i) share costs related to construction of such parking and other facilities; (ii)
2017 2nd High School Annexation Agreement 4
provide a license for the Landowner to construct such facilities on the Sports Park; and (iii)
provide for shared use and maintenance of such facilities.
6. Obligation to Construct
Landowner understands and agrees that prior to occupancy of any development on
the Property, certain off-site infrastructure,as detailed here pursuant to sections 12, 17,and
18,and as may be required pursuant to the City's approval of an application for development
of the Property, must be completed and that in addition to such off-site infrastructure other
facilities must be installed if the City determines such facilities are necessary to provide full
municipal services to the Property in accordance with the City's infrastructure master plans,
development regulations, and all other City policies that may be in effect at the time of
development.
7. Municipal Water Service Defined
The term "municipal water service" as is used in this Agreement shall be the service
which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal
Code, as amended, as well as any other terms and conditions which apply to the City's
provision of municipal water service but does not include the extension of lines or
construction of necessary improvements at any cost to the City for delivery of water to and
within the Property. Nothing in this Agreement shall obligate the City to pay for right-of-way
acquisition, engineering, construction, and other costs for the delivery of water to or within
2017 2nd High School Annexation Agreement 5
the Property to include, but not limited to, any impact fees, hook-up, connection, or
development charges which have been or may be established by the City.
8. Municipal Sewer Service Defined
The term "municipal sewer service" as is used in this Agreement shall be the service
which is supplied by the City in accordance with Chapter 40, Article 3, Bozeman Municipal
Code, as amended, as well as any other terms and conditions which apply to the City's
provision of this service but does not include the extension of lines or construction of
necessary improvements at any cost to the City for collection of sewage at and within the
Property. Nothing in this Agreement shall obligate the City to pay for right-of-way
acquisition,engineering, construction,and other costs for the sewer services to or within the
Property to include,but not limited to,any impact fees,hookup, connection,or development
charges,which may be established by the City.
9.Valley West Water Payback
Landowner understands and agrees that 0.32 acres of the Property is located within
the Valley West Water Payback District. The Landowner must, at the time of the
Landowner's execution of this Agreement, provide payment to the City of $409,05. The
payback rate is$1,278.29/gross acre of annexing property which is located within the Valley
West Water Payback District.
10.Valley West Sewer Payback
Landowner understands and agrees that 3.05 acres of the Property is located within
the Valley West Sewer Payback District. As such, if Landowner intends to use sewer mains
2017 2nd High School Annexation Agreement 6
within this payback district, Landowner must, at the time of the Landowner's execution of
the annexation agreement, make payments to the City of $4,521.53. The payback rate is
$1,482.47/gross acre of annexing property which is located within the Valley West Sewer
Payback District.
If the Landowner determines it will not make connection to the sewer mains within
the Valley West Sewer Payback District no payment is required. If the Landowner is
uncertain as to whether they will connection they shall make the payment and if the
approved site plan for the new high school does not make connect to the sewer mains serving
the Valley West Sewer Payback district the City must refund the payment of$4,521.53.
11.Water and Sewer Connections
Landowner understands and agrees that water and sewer services must be
constructed in accordance with design and specifications approved by the City prior to the
installation of the water and sewer lines.
12.Sewer Connection Alternatives
Landowner understands and agrees that that sanitary wastewater capacity
limitations exist downstream of the Property and that such capacity limitations must be
resolved to the City's satisfaction prior to occupancy of any development on the Property.
A. This Agreement provides alternatives for the Landowner to address such capacity
limitations. These alternatives include:
Option 1: Prior to occupancy of any development on the Property. the City must have
completed, but only if funding is available from it and other parties, construction of
2017 2nd High School Annexation Agreement 7
the Davis Lane lift station (DLLS) and the Norton East Ranch Interceptor (NERI) as
called for in the City's waste water facility plan; or
Option 2: If the City does not have sufficient funding to construct the Davis Lane lift
station project prior to occupancy of any development on the Property, the
Landowner may make improvements (at its exclusive cost) to the Baxter Meadows
lift station; or
Option 3: If the Landowner demonstrates that all required sewer flows from the
Property may be accommodated within the existing sewer mains constructed with
the Valley West Sewer Payback District the Landowner may make improvements (at
its exclusive cost) necessary to utilize this service.
Option 4:The City may determine Landowner may connect to the sewer main located
within Cottonwood Road without construction of the DLLS and NERI if the City has,
for both: (i) included both projects on the appropriate capital improvement plans
within three (3) years; (ii) determined funding or a funding mechanism for
construction exists, (iii) completed all necessary engineering; and (iv) obtained all
necessary rights of way.
B. The Landowner recognizes the route for Option A.1, above, may cross the Chief
Joseph Middle School property in a location to be determined after design of the Interceptor
has been completed. The City and the Landowner agree to work in mutual good faith to
provide the City necessary easements to locate the sewer interceptor in a timely manner.
13. On-Site Public Utility Easements
2017 2nd High School Annexation Agreement 8
The Landowner understands and agrees that utility easements, a minimum of thirty
(30) feet in width,may be necessary for the installation and maintenance of water and sewer
utility services to the Property. Landowner, at its sole expense, must create such easements
in locations and form agreeable to the City during the appropriate development procedures,
but in no event later than the filing of any final plat or site plan review.
14.Water Rights
Landowner agrees to provide water rights or cash-in-lieu of water rights to the City
at an amount equal to the anticipated average annual water demand required for any new
connections or new development on the Property in accordance with Section 38.23.180,
Bozeman Municipal Code. Upon further development or subdivision of the property, the
amount of water rights or cash-in-lieu thereof due at the time of development or subdivision
will be calculated based on the annual demand for volume of water the development will
require multiplied by the most current annual unit price as determined by the City
Commission in effect on the date the water rights are transferred or payment-in-lieu of water
rights is to be made. As such, Landowner acknowledges that the rates for cash-in-lieu of
water rights may increase over time as established by Resolution of the City Commission.
If the Landowner intends to connect to the municipal water supply for irrigation
purposes on an interim basis while irrigation water is secured it must enter into a separate
water supply agreement with the City addressing, among others, payment and possible
reimbursement of water rights and the method of connection and separation.
15. Comprehensive Water and Sewer Design Report
2017 2nd High School Annexation Agreement 9
During review of an application for development of the Property the City may require
Landowner to have prepared by a Professional Engineer, at Landowner's expense, a
comprehensive design report evaluating existing capacity of sewer and water utilities in the
area.The report must include hydraulic evaluations of each utility for both existing and post-
development demands,and the report findings must demonstrate adequate capacity to serve
the full development of the land. If adequate infrastructure capacity is not available for the
proposed development, the report must identify necessary water or wastewater system
improvements necessary for the proposed development. If the City determines
improvements to its water or wastewater system are necessary, Landowner agrees prior to
occupancy of any development of the Property to complete, at Landowner's expense, the
necessary system improvements to serve the proposed development.
16. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the Property for a
system designed to remove solids, oils, grease, and other pollutants from the runoff from
adjacent public streets and the Property will be required to be provided to and approved by
the City Engineer prior to approval of a site plan application or with review of an application
for preliminary plat. Such plan must depict the maximum sized retention/detention basin
location and locate and provide easements for adequate drainage ways within the area to
transport runoff to the stormwater receiving channel(s). The plan must include site grading
and spot elevation information, flow direction arrows, typical stormwater
2017 2nd High School Annexation Agreement 10
detention/retention basin and discharge structure details, basin sizing calculations, culvert
capacity calculations, and a stormwater maintenance plan.
17. Public Street Easements
The Landowner understands and agrees that certain public street and utility rights of
way are necessary to support development of the Property. As such:
A. Prior to construction of the east half of Cottonwood Road adjacent to the Property,
the Landowner must provide the City Engineering Division an original, executed easement
on the City's standard form at the time of the Landowner's execution of this Agreement
granting to the public forever a 60-foot wide public street and utilities easement for the
construction of Cottonwood Road and installation of public and private utilities. The
easement must be no less than 60-feet in width as measured from the centerline of
Cottonwood Road to the western boundary of the Property and run from the southern to the
northern boundaries of the Property.
B. Prior to construction of the south half of Oak Street adjacent to the Property, the
Landowner must also provide the City Engineering Division an original, executed easement
on the City's standard form at the time of the Landowner's execution of this Agreement
granting to the public forever 60-foot wide public street and utilities easement for the future
construction of Oak Street and installation of public and private utilities.The easement must
be no less than 60-feet in width as measured from the centerline of Oak Street to the northern
boundary of the Property and run the entire length of the northern boundary of the Property.
2017 2nd High School Annexation Agreement 11
C. Landowner understands and agrees that additional right of way may be required
from other adjacent landowners for construction of the intersection of N. Cottonwood Road
and W. Oak Street and Landowner agrees it will assist City in obtaining the required right of
way.
18.Street Construction
The Landowner understands and agrees that prior to occupancy of any development
on the property certain streets as described in this section must be constructed and accepted
by the City.
A. Oak Street; The entire cross section of Oak Street between Cottonwood Road and
Flanders Mill Road must be constructed to existing City design to include curb, gutter, a
shared use path on the south side, and other required appurtenances consistent with the
arterial street configuration defined in the City of Bozeman's Transportation Master Plan
(TMP) and per the requirements of the City of Bozeman's Design Standards and
Specifications Policy (DSSP). The Landowner acknowledges that costs related to change in
existing design to Oak Street caused by the inclusion of a pedestrian tunnel under Oak Street
or other pedestrian crossing facility will be borne exclusively by the Landowner. In addition,
the Landowner acknowledges that any additional construction costs,including costs directly
associated with the tunnel or crossing facility and indirect costs such as change in grade, fill,
signals, signage, striping, etc. required for Oak Street due to construction of the tunnel or
other crossing facility will be borne exclusively by the Landowner.
2017 2nd High School Annexation Agreement 12
B. Cottonwood Road between Durston Road and Oak Street: The east half of
Cottonwood Road between Durston Road and Oak Street must be constructed to the
complete arterial street configuration defined in the City of Bozeman Transportation Master
Plan (TMP) and per the requirements of the City of Bozeman Design Standards and
Specifications Policy (DSSP). Improvements also include curb and gutter and a shared use
path on the east side of the road.
C. Intersection of Cottonwood Road and Oak Street: The entire intersection of
Cottonwood Road and Oak Street must be constructed to a roundabout design with all four
lanes in and out and to the complete arterial street configuration defined in the City of
Bozeman Transportation Master Plan (TMP) and per the requirements of the City of
Bozeman Design Standards and Specifications Policy (DSSP).
D.Annie Street: The entire cross section of Annie Street must be constructed to a City
local street standard on a direct east - west alignment within the existing 74-foot wide
easement (as provided for in Document #2426774) along the southern boundary of the
Property for the entire length of the Property between Cottonwood Road and Flanders Mill
Road to include all required signage, striping, and other required appurtenances. The
improvements must include curb and gutter on both sides of Annie Street, bike boulevard,
full width of asphalt, and sidewalks on both sides of the street. The City will work with the
Landowner to incorporate traffic calming features in the design.
19. Assessments
2017 2nd High School Annexation Agreement 13
Landowner understands and agrees that after this Agreement is recorded the
Property will be subject to City assessments for arterial and collector streets, street
maintenance, and tree maintenance on the same basis as all other properties in the City.
20. Waiver of Right-to-Protest Special Improvement Districts
A. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts (SID) for the maintenance of any parks within the annexed area
and/or of a City-wide Park Maintenance District. Landowner agrees such SID will provide a
mechanism for the fair and equitable assessment of maintenance costs for such parks. The
waiver is attached hereto as Exhibit "A" and is hereby incorporated in and made a part of
this Agreement.
B. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for street improvements including paving, curb and gutter,sidewalk,
lighting,and stormwater drainage facilities for N. Cottonwood Road. Landowner agrees such
an SID will provide a mechanism for the fair and equitable assessment of construction and
maintenance costs for such improvements. The waiver is attached hereto as Exhibit"B"and
is hereby incorporated in and made a part of this Agreement.
C. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for street improvements including paving, curb and gutter,sidewalk,
lighting,and stormwater drainage facilities for W. Oak Street. Landowner agrees such an SID
will provide a mechanism for the fair and equitable assessment of construction and
2017 2nd High School Annexation Agreement 14
maintenance costs for such improvements. The waiver is attached hereto as Exhibit"C" and
is hereby incorporated in and made a part of this Agreement.
D. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for improvements to Durston Road. Landowner agrees such an SID
will provide a mechanism for the fair and equitable assessment of construction and
maintenance costs for such improvements. The waiver is attached hereto as Exhibit"D" and
is hereby incorporated in and made a part of this Agreement.
E. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for improvements to Flanders Mill Road. Landowner agrees such an
SID will provide a mechanism for the fair and equitable assessment of construction and
maintenance costs for such improvements. The waiver is attached hereto as Exhibit "E"and
is hereby incorporated in and made a part of this Agreement.
F. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for intersection improvements to N. Cottonwood Road and W. Oak
Street. Landowner agrees such an SID will provide a mechanism for the fair and equitable
assessment of construction and maintenance costs for such improvements. The waiver is
attached hereto as Exhibit "F" and is hereby incorporated in and made a part of this
Agreement.
G. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for intersection improvements to N. Cottonwood Road and Baxter
Lane. Landowner agrees such an SID will provide a mechanism for the fair and equitable
2017 2nd High School Annexation Agreement 15
assessment of construction and maintenance costs for such improvements. The waiver is
attached hereto as Exhibit "G" and is hereby incorporated in and made a part of this
Agreement.
H. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for intersection improvements to N. Cottonwood Road and Durston
Road. Landowner agrees such an SID will provide a mechanism for the fair and equitable
assessment of construction and maintenance costs for such improvements. The waiver is
attached hereto as Exhibit "H" and is hereby incorporated in and made a part of this
Agreement.
I. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for intersection improvements to Durston Road and Flanders Mill
Road. Landowner agrees such an SID will provide a mechanism for the fair and equitable
assessment of construction and maintenance costs for such improvements. The waiver is
attached hereto as Exhibit "I" and is hereby incorporated in and made a part of this
Agreement.
J. Landowner must execute a Waiver of Right-to-Protest Creation of Special
Improvement Districts for intersection improvements to W. Oak Street and Flanders Mill
Road. Landowner agrees such an SID will provide a mechanism for the fair and equitable
assessment of construction and maintenance costs for such improvements. The waiver is
attached hereto as Exhibit "J" and is hereby incorporated in and made a part of this
Agreement.
2017 2nd High School Annexation Agreement 16
K. Landowner agrees that in the event an SID is not utilized for the completion of these
improvements as described in subsections A through J above, Landowner must participate
in an alternative financing method for the completion of said improvements on a fair share,
proportionate basis as determined exclusively by the City on a square footage of property,
taxable valuation of the property, traffic contribution from the development, or a
combination thereof.
21. Impact Fees
Landowner acknowledges that annexation and development of its property will
impact the City's existing street, water and sewer infrastructure, and the City's fire service.
As approved by the City, Landowner and its successors must pay:
Fire impact fees equal to the amount per Chpt. 2,Art. 6, Div. 9 BMC, or as amended, at
the time of application for building permit.
Transportation impact fees equal to the amount per Chpt. 2,Art. 6, Div. 9 BMC, or as
amended, at the time of application for building permit.
Water impact fees as required by Chpt. 2, Art, 6, Div. 9 BMC, or as amended, at the
time of application for connection to city water.
Sewer impact fees as required by Chpt. 2, Art. 6, Div. 9 BMC, or as amended, at the
time of application for connection to city sewer.
The amount of impact fees to be paid for connection to the City's water and sewer
services, if any, must be calculated based on the provisions of the Bozeman Municipal Code,
as amended, in effect at the time of application for a permit to connect. The amount of street
2017 2nd High School Annexation Agreement 17
or fire impact fees to be paid, if any, must be calculated based on the provisions of the
Bozeman Municipal Code, as amended, in effect at the time a building permit application is
submitted to the City.
Landowner further understands and agrees that any improvements, either on-site or
off-site, necessary to provide connection of the Property municipal services and which are
wholly attributable to the property as determined exclusively by the City are considered
"project related improvements" as defined in Chapter 2, Article 6, Division 9, Bozeman
Municipal Code, as amended,and as such, are not eligible for impact fee credits.
If Landowner defaults on this condition at the time such condition is to be performed,
and if the default is not remedied or corrected within thirty(30) days after written notice by
City to Landowner of such default, City may at their option; Declare the amounts owing for
impact fees immediately due and payable and City shall have the right and privilege to take
legal action against Landowner for the collection of such sum, including the entry of any
judgment. In addition,the City may,at its option, enforce payment of such amount by levying
an assessment on the premises; and
W Elect any other remedy available to City under the laws of the State of
Montana.
22. Recordation
The parties recognize these documents must be filed and of record with the Gallatin
County Clerk and Recorder prior to the sale of any land with the Property. The Parties
further agree that the City may record these documents at any time.
2017 2nd High School Annexation Agreement 18
23. Governing Law and Venue
This Agreement shall be construed under and governed by the laws of the state of
Montana. In the event of litigation, venue is in the Eighteenth Judicial District Court, in and
for County of Gallatin, State of Montana.
24.Attorney's Fees
In the event it becomes necessary for either party to this Agreement to retain an
attorney to enforce any of the terms or conditions of this Agreement, then the prevailing
party shall be entitled to reasonable attorney's fees and costs,to include the salary and costs
of in-house counsel including the Bozeman City Attorney.
25.Waiver
No waiver by either party of any breach of any term, covenant or agreement shall be
deemed a waiver of the same or any subsequent breach of this same or any other term,
covenant or agreement. No covenant, term or agreement shall be deemed waived by either
party unless waived in writing.
26. 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.
27. Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by
a writing signed by the parties hereto.
2017 2nd High School Annexation Agreement 19
28.No Assignment
It is expressly agreed that Landowner shall not assign this Agreement in whole or in
part without prior written consent of the City.
29.Successors
This Agreement shall be binding upon, inure to the benefit of and be enforceable by
the parties hereto and their respective heirs, successors and assigns and specifically to
subsequent owners of the Property.
30. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the Property and
shall be covenants running with the land and shall not expire at their deaths or upon transfer
of ownership of the property or change in organization or structure of the Landowner.
The undersigned affirms that he has the authority to enter into this Agreement and
on behalf of the Landowner and to bind Landowner to this Agreement.
31. Remedies
The Landowner understands and agrees the City may require the terms of this
Agreement as conditions of approval for any land use development application. In addition,
the Landowner agrees that should it be determined by the City to not be in compliance with
the terms of this Agreement the City may withhold approval of any such land use application
to include but not be limited to site plan,subdivision,zoning, or building permit.
32. No Third-Party BeneficiarX
2017 2nd High School Annexation Agreement 20
This Agreement is for the exclusive benefit of the Parties, does not constitute a third-
party beneficiary agreement, and may not be relied upon or enforced by a third party.
33. Integration
This Agreement and all Exhibits attached hereto constitute the entire agreement of
the Parties. Covenants or representations not contained therein or made a part thereof by
reference, are not binding upon the Parties. There are no understandings between the
Parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn
unless specifically made a part of this Agreement by reference.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
2017 2nd High School Annexation Agreement 21
DATED this day of -D 2017.
LANDOWNER
P
Robert Watson
Bozeman High School District 7
STATE OF MONTANA )
/ ;ss
COUNTY OF 4?#4 *rlid )
On this 14 day of l�PE�.i113 , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
(Printed Name He,-'
STEVEN D JOHNSON Notary Public f the State of
Notary Public Residing at
�01nR/gt.a for the State of Montana My Com ssion Expires:
Residing at: (Use igits for expiration year)
•SEAL.��,=
Bozeman, Montana
My Commission Expires:
May 22,2020
2017 2nd High School Annexation Agreement 22
DATED this day of , 201\�
CITY OF BOZEMAN
au—
Andreaw
Surratt
City Manager
ATTEST: S 0 Z, '
0 ■ ■
♦
Robin Crough * • - ;
`l �a3 . .,
o,-lam"f thA ('itv ('nmmiccinn • •O ,
C:i 1� — �fr�
STATE OF MONTANA )
:ss
COUNTY OFGAfl )
FRS
On this $� day ofS4%. , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Andrea Surratt and Robe!4in Crough
known to me to bbe� e persons described in and who executed the foregoing instrument as
City Manager a erk ^f Gemmissien respectively, of the City of Bozeman, whose
names are subscribed to the within instrument and acknowledged to me that they executed
the same for an on behalf of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
BRENDA Self
a ��p SwFFy'>; Notary Public
m�'No7Aprq� <`:for the State of Montana (Printed Name Here)
Residing at: Notary Public for the State of HT
Bozeman, Montana a�8
Residing at
my commission Expires: My Commission Expires: L
K,, M;r°° December 02,2018
(Use 4 digits for expiration year)
2017 2nd High School Annexation Agreement 23
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
2017 2ND HIGH SCHOOL ANNEXATION
The undersigned Landowner of the real property situated in the County of Gallatin,
State of Montana,and more particularly described as follows:
A tract of land, said tract being Tract IA2 of Certificate of Survey No. 2554B,
being located in the Southwest Quarter of Section 3,Township 2 South, Range
5 East,Principal Meridian Montana,Gallatin County Montana
IN CONSIDERATION of receiving approval for annexation of the subject property
from the City of Bozeman, along with accompanying rights and privileges and for other and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impact to City parks which will be caused by the development of the above-described
property,Landowner has waived and does hereby waive for itself, its successors and assigns
forever the right to protest the creation of one or more special improvement districts for
maintenance of any parks within the annexed area and/or of a City-wide Park Maintenance
District, which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks, or to make any written protest against the size or area or
creation of the district be assessed in response to a duly passed resolution of intention to
create one or more special improvement districts which would include the above-described
property.
This waiver is made for the benefit of the property described above and shall be a
covenant running with the land.
2017 2nd High School Annexation Agreement 24
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
DATED this%l day of C , 2017.
LANDOWNER
N"
Robert Watson
Bozeman High School District 7
STATE OF MONTANA )
/ :ss
COUNTY OF G—&-t. r, )
On this t L day of �jEeofowa 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) �4�_7
--- Printed Name Her
STEVEN D JOHNSON
ao d0/y,; Notary Public Notary Public for e State of
•a01AR/,q''4:'s for the State of Montana Residing at
Residing at:
*' SEAL Bozeman, Montana My Commi ion Expires:
My commission Expires: (Use 4 digits for expiration year)
May 22,2020
2017 2nd High School Annexation Agreement 25
EXHIBIT"B"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS N.
COTTONWOOD ROAD
2017 2ND HIGH SCHOOL ANNEXATION
The undersigned Landowner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
A tract of land, said tract being Tract IA2 of Certificate of Survey No. 2554B,
being located in the Southwest Quarter of Section 3,Township 2 South, Range
5 East, Principal Meridian Montana,Gallatin County Montana
IN CONSIDERATION of receiving approval for annexation of the subject property
from the City of Bozeman, along with accompanying rights and privileges and for other and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to N. Cottonwood Road which will be caused by the development of the above-
described property, the Landowner has waived and does hereby waive for itself, its
successors and assigns forever the right to protest the creation of one or more special
improvement districts for the construction and maintenance of following improvements:
paving, curb and gutter, sidewalk, lighting, and storm drainage facilities for N. Cottonwood
Road, or to make any written protest against the size or area or creation of the district be
assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square footage of
2017 2nd High School Annexation Agreement 26
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
This waiver is made for the benefit of the property described herein shall be a
covenant running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
DATED this ii L day of ADL(J--C"" Z iEQ 2017.
LANDOWNER
R bert Watson
Bozeman High School District 7
STATE OF MONTANA )
:ss
COUNTY OF
On this /?_ day of �eAye8K,& , 2017, before me, the undersigned, a Notary
Public for the State of Montana,personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
STEVEN D JO
'; Notary Public (Printed Name re)
p'TARlg4' =Jfor the State of Montana Notary Publ• or the State of
* Residing at:
.SEAL.z�, Bozeman, Montana Residin
,9 �? My Commission Expires: My C mission Expires:
May 22,2020
(U 4 digits for expiration year)
2017 2nd High School Annexation Agreement 27
EXHIBIT"C"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO W. OAK
STREET
2017 2ND HIGH SCHOOL ANNEXATION
The undersigned Landowner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
A tract of land, said tract being Tract IA2 of Certificate of Survey No. 2554B,
being located in the Southwest Quarter of Section 3,Township 2 South, Range
5 East, Principal Meridian Montana, Gallatin County Montana.
IN CONSIDERATION of receiving approval for annexation of the subject property
from the City of Bozeman, along with accompanying rights and privileges and for other and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to W.Oak Street which will be caused by the development of the above-described
property, the Landowner has waived and does hereby waive for itself, its successors and
assigns forever the right to protest the creation of one or more special improvement districts
for the construction and maintenance of following improvements: paving, curb and gutter,
sidewalk, lighting, and storm drainage facilities for W. Oak Street, or to make any written
protest against the size or area or creation of the district be assessed in response to a duly
passed resolution of intention to create one or more special improvement districts which
would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square footage of
2017 2nd High School Annexation Agreement 28
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
This waiver is made for the benefit of the property described herein shall be a
covenant running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
DATED this day of DE 2017.
LANDOWNER
Robert Watson
Bozeman High School District 7
STATE OF MONTANA )
:ss
COUNTY OF A tMrl )
On this /L day of 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
JO STEVEN D APAMN
Notary Public (Printed Name H re)
y;NoTnR�q<:y=for the State of Montana Notary Public r the State of
Residing at:
�'•Sh.AL•��: Bozeman, Montana Residing at
'9P My Commission Ex ires:
May 22,2o2op My Com ission Expires:
(Use 4 digits for expiration year)
2017 2nd High School Annexation Agreement 29
EXHIBIT"D"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO DURSTON
ROAD
2017 2ND HIGH SCHOOL ANNEXATION
The undersigned Landowner of the real property situated in the County of Gallatin,
State of Montana,and more particularly described as follows:
A tract of land, said tract being Tract IA2 of Certificate of Survey No. 2554B,
being located in the Southwest Quarter of Section 3,Township 2 South, Range
5 East,Principal Meridian Montana,Gallatin County Montana.
IN CONSIDERATION of receiving approval for annexation of the subject property
from the City of Bozeman, along with accompanying rights and privileges and for other and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to Durston Road which will be caused by the development of the above-
described property, the Landowner has waived and does hereby waive for itself, its
successors and assigns forever the right to protest the creation of one or more special
improvement districts for the construction and maintenance of following improvements:
paving, curb and gutter,sidewalk,lighting,and storm drainage facilities for Durston Road,or
to make any written protest against the size or area or creation of the district be assessed in
response to a duly passed resolution of intention to create one or more special improvement
districts which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square footage of
2017 2nd High School Annexation Agreement 30
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
This waiver is made for the benefit of the property described herein shall be a
covenant running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
DATED this Z day of 2017.
LANDOWNER
/J—Al V'�k�z�
Robert Watson
Bozeman High School District 7
STATE OF MONTANA )
/ :ss
COUNTY OFeS, tAr, )
On this IZ day of �� , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
STEVEN D J
�N D Joys` notary Public (Printed Name ere)
•"OTAR/A<.�=for the State of Montana Notary Pub for the State of
Residing at:
* SEAL• Q Bozeman, Montana Residin t
My Commission Expires: M Co mission Expires:
May 22.2020 y p
" (Us 4 digits for expiration year)
2017 2nd High School Annexation Agreement 31
EXHIBIT "E"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO FLANDERS
MILL ROAD
2017 2ND HIGH SCHOOL ANNEXATION
The undersigned Landowner of the real property situated in the County of Gallatin,
State of Montana,and more particularly described as follows:
A tract of land, said tract being Tract IA2 of Certificate of Survey No. 2554B,
being located in the Southwest Quarter of Section 3,Township 2 South,Range
5 East, Principal Meridian Montana,Gallatin County Montana.
IN CONSIDERATION of receiving approval for annexation of the subject property
from the City of Bozeman, along with accompanying rights and privileges and for other and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to Flanders Mill Road which will be caused by the development of the above-
described property, the Landowner has waived and does hereby waive for itself, its
successors and assigns forever the right to protest the creation of one or more special
improvement districts for the construction and maintenance of following improvements:
paving, curb and gutter, sidewalk, lighting, and storm drainage facilities for Flanders Mill
Road, or to make any written protest against the size or area or creation of the district be
assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square footage of
2017 2nd High School Annexation Agreement 32
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
This waiver is made for the benefit of the property described herein shall be a
covenant running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
DATED this L day of � '� , 2017.
LANDOWNER
XA� Ll
obert Watson
Bozeman High School District 7
STATE OF MONTANA )
:ss
COUNTY OF
On this /Z day of 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
N'p spy, STEVEND JOHNSON (Printed Name ere)
J�,• tip; Notary Public Notar, Publ' for the State of
=y'aOTAR/q�:Z`:for the State of Montana Y
*; Residing at: Residin
SEAL:��; Bozeman, Montana My Co mission Expires:
, MY Commission Expires:
,,, . May 22,2020 (Us 4 digits for expiration year)
2017 2nd High School Annexation Agreement 33
EXHIBIT "F"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO N.
COTTONWOOD ROAD AND W. OAK STREET
2017 2ND HIGH SCHOOL ANNEXATION
The undersigned Landowner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
A tract of land, said tract being Tract IA2 of Certificate of Survey No. 2554B,
being located in the Southwest Quarter of Section 3,Township 2 South, Range
5 East, Principal Meridian Montana, Gallatin County Montana
IN CONSIDERATION of receiving approval for annexation of the subject property
from the City of Bozeman, along with accompanying rights and privileges and for other and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to the intersection of N. Cottonwood Road and W. Oak Street will be caused by
the development of the above-described property, the Landowner has waived and does
hereby waive for itself, its successors and assigns forever the right to protest the creation of
one or more special improvement districts for the construction and maintenance of
following improvements: intersection improvements for N. Cottonwood Road and W. Oak
Street including traffic control, paving, curb and gutter, sidewalk, lighting and storm
drainage to serve the property, or to make any written protest against the size or area or
creation of the district be assessed in response to a duly passed resolution of intention to
create one or more special improvement districts which would include the above-described
property.
2017 2nd High School Annexation Agreement 34
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of said
improvements on a fair share, proportionate basis as determined by square footage of
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
This waiver is made for the benefit of the property described herein shall be a
covenant running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
DATED this z day of ECG-M , 2017.
L W ER --
Robert Watson
Bozeman High School District 7
STATE OF MONTANA )
:ss
COUNTY OF A,44cA7.-W )
On this /Z- day of 2017, before me, the undersigned, a Notary
Public for the State of Montana,personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
STEVEN D J��VR!R
,,�N D Jpyti�;; Notary Pubtt0 A"J
y�oTAR1,gi.o=:for the state of Montana (Printed Nam Here)
Residing at: Notary Pub . for the State of
j.SEAI .��; Bozeman, Montana
-,9 My Commission Expires: Resldiri t
OF May 22,2020 My C mission Expires:
(U 4 digits for expiration year)
2017 2nd High School Annexation Agreement 35
EXHIBIT"G"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO N.
COTTONWOOD ROAD AND BAXTER LANE
2017 2ND HIGH SCHOOL ANNEXATION
The undersigned Landowner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
A tract of land, said tract being Tract IA2 of Certificate of Survey No. 2554B,
being located in the Southwest Quarter of Section 3,Township 2 South, Range
5 East, Principal Meridian Montana, Gallatin County Montana
IN CONSIDERATION of receiving approval for annexation of the subject property
from the City of Bozeman, along with accompanying rights and privileges and for other and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to the intersection of N. Cottonwood Road and Baxter Lane will be caused by the
development of the above-described property, the Landowner has waived and does hereby
waive for itself, its successors and assigns forever the right to protest the creation of one or
more special improvement districts for the construction and maintenance of following
improvements: intersection improvements for N. Cottonwood Road and Baxter Lane
including traffic control, paving, curb and gutter, sidewalk, lighting and storm drainage to
serve the property, or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more
special improvement districts which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of said
2017 2nd High School Annexation Agreement 36
improvements on a fair share, proportionate basis as determined by square footage of
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
This waiver is made for the benefit of the property described herein shall be a
covenant running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
DATED this i Z day of ED CCC--1: HZ , 2017.
LINER
Robert Watson
Bozeman High School District 7
STATE OF MONTANA )
.ss
COUNTY 01744,ttArtiJ )
On this /Z- day of �FN .�lB , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
' STEVEN D JOHNSON (Printed Name ere)
s Notary Public
ornRiq 'o" for the State of Montana Notary Publi or the State of
*; Residing at: Residing a
cg• �%Alu Q Bozeman, Montana
My Com ission Expires:
My Commission Expires:
May 22,2020 (Use 4 digits for expiration year)
2017 2nd High School Annexation Agreement 37
EXHIBIT"H"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO N.
COTTONWOOD ROAD AND DURSTON ROAD
2017 2ND HIGH SCHOOL ANNEXATION
The undersigned Landowner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
A tract of land, said tract being Tract I A2 of Certificate of Survey No. 2554B,
being located in the Southwest Quarter of Section 3,Township 2 South, Range
5 East, Principal Meridian Montana,Gallatin County Montana
IN CONSIDERATION of receiving approval for annexation of the subject property
from the City of Bozeman, along with accompanying rights and privileges and for other and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to the intersection of N. Cottonwood Road and Durston road will be caused by
the development of the above-described property, the Landowner has waived and does
hereby waive for itself, its successors and assigns forever the right to protest the creation of
one or more special improvement districts for the construction and maintenance of
following improvements: intersection improvements for N. Cottonwood Road and Durston
Road including traffic control,paving,curb and gutter,sidewalk,lighting and storm drainage
to serve the property, or to make any written protest against the size or area or creation of
the district be assessed in response to a duly passed resolution of intention to create one or
more special improvement districts which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of said
2017 2°d High School Annexation Agreement 38
improvements on a fair share, proportionate basis as determined by square footage of
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
This waiver is made for the benefit of the property described herein shall be a
covenant running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
DATED this Z- day of `�� , 2017,
OW ER
Robert Watson
Bozeman High School District 7
STATE OF MONTANA )
•ss
COUNTY OF rt T/d )
On this /Z day of , 2017, before me, the undersigned, a Notary
Public for the State of Montana,personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
(Prin/NaHere)pJ0&1, STEVEN D JOHNSON Notaor the State of
Notary Public
NOTnki,�<:°z-for the State of Montana ResidSEfiL.'�; BozemaResia, MontanaMy Cn Expires:
PvtyCommission Expires: (User expiration year)
May 22,2020
2017 2nd High School Annexation Agreement 39
EXHIBIT"I"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO
DURSTON ROAD AND FLANDERS MILL ROAD
2017 2ND HIGH SCHOOL ANNEXATION
The undersigned Landowner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
A tract of land, said tract being Tract IA2 of Certificate of Survey No. 2554B,
being located in the Southwest Quarter of Section 3,Township 2 South,Range
5 East, Principal Meridian Montana,Gallatin County Montana
IN CONSIDERATION of receiving approval for annexation of the subject property
from the City of Bozeman, along with accompanying rights and privileges and for other and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to the intersection of Durston Road and Flanders Mill Road will be caused by the
development of the above-described property, the Landowner has waived and does hereby
waive for itself, its successors and assigns forever the right to protest the creation of one or
more special improvement districts for the construction and maintenance of following
improvements: intersection improvements for Durston Road and Flanders Mill Road
including traffic control, paving, curb and gutter, sidewalk, lighting and storm drainage to
serve the property, or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more
special improvement districts which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of said
2017 2nd High School Annexation Agreement 40
improvements on a fair share, proportionate basis as determined by square footage of
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
This waiver is made for the benefit of the property described herein shall be a
covenant running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
DATED this " 2- day of I , 2017.
LAN N R
Robert Watson
Bozeman High School District 7
STATE OF MONTANA )
:ss
COUNTY OF ee rr� )
On this /Z day ofe.�1B. z , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) —0%f!t4
Printed Name ere
J0%,.,. STEVEN D JOHNSON ( )
p1ghtis; Notary Public Notary Pub ' for the State of
'�oTARIa<: :for the State of Montana Residin
Residing at:
�.SEAL.- Bozeman, Montana My Co mission Expires:
My commission Expires: (Us 4 digits for expiration year)
May 22,2020
2017 2nd High School Annexation Agreement 41
EXHIBIT"I"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO W.
OAK STREET AND FLANDERS MILL ROAD
2017 2ND HIGH SCHOOL ANNEXATION
The undersigned Landowner of the real property situated in the County of Gallatin,
State of Montana, and more particularly described as follows:
A tract of land, said tract being Tract IA2 of Certificate of Survey No. 2554B,
being located in the Southwest Quarter of Section 3,Township 2 South,Range
5 East, Principal Meridian Montana,Gallatin County Montana
IN CONSIDERATION of receiving approval for annexation of the subject property
from the City of Bozeman, along with accompanying rights and privileges and for other and
valuable consideration, the receipt of which is hereby acknowledged, and in recognition of
the impacts to the intersection of Flanders Mill Road and W. Oak Street will be caused by the
development of the above-described property, the Landowner has waived and does hereby
waive for itself, its successors and assigns forever the right to protest the creation of one or
more special improvement districts for the construction and maintenance of following
improvements: intersection improvements for Flanders Mill Road and W. Oak Street
including traffic control, paving, curb and gutter, sidewalk, lighting and storm drainage to
serve the property, or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more
special improvement districts which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the
developer agrees to participate in an alternate financing method for the completion of said
2017 2nd High School Annexation Agreement 42
improvements on a fair share, proportionate basis as determined by square footage of
property, taxable valuation of the property, traffic contribution from the development or a
combination thereof.
This waiver is made for the benefit of the property described herein shall be a
covenant running with the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding
upon the successors-in-interest and assigns of Landowner.
DATED this Z day of �CC�� , 2017.
L hNER
Robert Watson
Bozeman High School District 7
STATE OF MONTANA )
:ss
COUNTY OF
On this /Z day of � � Q /z , 2017, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared Robert Watson, known to me to be the
Superintendent of Bozeman High School District 7 that executed the within instrument, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
(Printed Na Here)
ti' e ti, STEVEN D JOHNSON
OTA.R/ yso Notary Public Notary Pu lc for the State of
R�.z_for the State of Montana Residin at
Residing at:
Bozeman, Montana My C mmission Expires:
My commission Expires: (Use 4 digits for expiration year)
May 22,2020
2017 2nd High School Annexation Agreement 43
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