HomeMy WebLinkAbout18- Annexation Agreement - Costco Wholesale - 2017 Costco Wholesale Annexation V0,/
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City of Bozeman Charlotte Mills - Gallatin County, MT MISC
City Clerk IIIIII IN 11111111111111 IMI1111111 III 111111111111111111
PO Box 1230
Bozeman, MT 59771-1230
2017 COSTCO WHOLESALE ANNEXATION AGREEMENT
THIS AGREEMENT made and entered into this—Ua�day of 201X 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 COSTCO WHOLESALE, 999 Lake
Drive,Issaquah WA 98027,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 COSTCO WHOLESALE 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 Parcel E-1 of Certificate of Survey 1827, NE '/4,
Section 35,Township 1 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 Costco Wholesale 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 February 7, 2017 and approved by
the City on April 10, 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 Costco Wholesale 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
February 7, 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 Costco Wholesale Annexation Agreement 3
i
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. Obligation to Construct
Landowner understands and agrees that prior to occupancy of any development on
the Property, certain off-site infrastructure, 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.
6.Municipal Water Service Defined
2017 Costco Wholesale Annexation Agreement 4
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
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.
7. 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.
8.Water and Sewer Connections
2017 Costco Wholesale Annexation Agreement 5
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 water and sewer lines.
Landowner further understands and agrees that that sanitary wastewater capacity
limitations may 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.
9. On-Site Public Utility Easements
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.
10.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
2017 Costco Wholesale Annexation Agreement 6
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.
11.Comprehensive Water and Sewer Design Report
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.
12. 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
2017 Costco Wholesale Annexation Agreement 7
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
detention/retention basin and discharge structure details,basin sizing calculations, culvert
capacity calculations,and a stormwater maintenance plan.
13.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. Landowner must dedicate right-
of-way or 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 an easement for Catamount Street consistent with a minor arterial
classification where adjacent to the parcel for future construction of Catamount Street and
installation of public and private utilities. Related to this item, the applicant must provide a
temporary construction easement for any realignment of the watercourse and associated
infrastructure upon construction of the Catamount Street upgrade.
14. Assessments
2017 Costco Wholesale Annexation Agreement 8
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.
1S. 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 Catamount 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"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 N. 27th Avenue. Landowner agrees such an
SID will provide a mechanism for the fair and equitable assessment of construction and
2017 Costco Wholesale Annexation Agreement 9
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 Valley Center Drive. 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 intersection improvements to Catamount Street and Valley Center
Drive. 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 Catamount Street and N. 27th
Avenue. 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 Valley Center Drive and N. 19th
2017 Costco Wholesale Annexation Agreement 10
Avenue. 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 "G" and is hereby incorporated in and made a part of this
Agreement.
H. Landowner agrees that in the event an SID is not utilized for the completion of
these improvements as described in subsections A through G 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.
16. 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.
2017 Costco Wholesale Annexation Agreement 11
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
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
G) Elect any other remedy available to City under the laws of the State of
2017 Costco Wholesale Annexation Agreement 12
Montana.
17. 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.
18. 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.
19.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.
20.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.
21. Invalid Provision
2017 Costco Wholesale Annexation Agreement 13
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.
22.Modifications or Alterations
No modifications or amendment of this Agreement shall be valid unless evidenced by
a writing signed by the parties hereto.
23. 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.
24.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.
25. 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 they have the authority to enter into this Agreement
and on behalf of the Landowner and to bind Landowner to this Agreement.
26.Remedies
2017 Costco Wholesale Annexation Agreement 14
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.
27. No Third-Party Beneficiary
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.
28. 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 cause s Agrc-n��4e
'A L r
executed the day and year first above written. D
A y`\
\*0 3TSZ
2017 Costco Wholesale Annexation Agreement 15
DATED this oW day of J��� , 2018.
LANDOWNER
tle VW
COSTCO WHOLE ALE,-I C.o*.(D%44-4tc,J
STATE OF WASHINGTON)
:ss
COUNTY OF�_ )
On this o'U day of 2018, before me, the undersigned, a Notary
Public for the State of Montana,perso ally appeared known to me
to be the Vice. f�r sldc�,�- I�a� Si � of Costco Wholesale,-im tl att executed the within
instrument, and acknowledged to me that they executed the same on behalf of Costco
Wholesale,**. QDrrMM '—
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL)
(Printed Name Here)
Notary Public for the State of W
��1SEN +++hi Residing at Gt.11n(l W&
=_DEG N
Use 4 diMy nits for exission piration ear)
s �►r re y ( g p Y )
+8„A,
2017 Costco Wholesale Annexation Agreement 16
DATED this _day of c , 2018.
if
CITY OF BOZEMAN
PIZ BS
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ATTEST: r 0•' •. '�,
Robin Crough +'.,'9l•. , . .•-40,•
Clerk . �., �:�,.- ,,,,,,;��;�,LR'PIN co.
STATE OF MONTANA )
•ss &
COUNTY OF Gyllk4mL
On this day of 2018, before me, the undersigned, a Notary
Public for the State of Montana, per onally appeared and Robin Crough
known to me to be the persons described in and who executed the foregoing instrument as
City Manager and Clerk Uap r;n, rnmm;�� 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.
SEAL 2ev�e;-t
RENDA SWEENEY (Printed Name Here)
01M
Notary Public Notary Public for the State of MWnsmtor the State ai MontanaResiding at: Residing at
Bozaman, MontanaMy Commission Expires: oab Q
N1y Commission Expires:December o2,201 s (Use 4 digits for expiration year)
2017 Costco Wholesale Annexation Agreement 17
EXHIBIT "A"
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
2017 COSTCO WHOLESALE 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 Parcel E-1 of Certificate of Survey 1827, NE ''/a,
Section 35,Township 1 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 Costco Wholesale Annexation Agreement 18
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 c day of , 2018.
LANDOWNER
Title: v kCC l
CO-STC WHOLESALE, C.b1R47t..,V'C �,t
STATE OF WASHINGTON)
:ss
COUNTY OF� )
On this � day of 2018, before me, the undersigned, a Notary
Public for the State of Montana,personally appeared known to me
to be the yiO?—PKS,16U�—Fall -- of Costco Wholesale . that executed the within
instrument, and acknowledged to me that they executed the"same o`n Uehalf of Costco
Wholesalerkwn
c.Mt»�vti.�
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written. qq ��
(SEAL) L4l A � �To��eyt-SeLL-
(Printed Name ere) , '��
Notary Public for the State of rk
��o�,, ' ��N �, Residing at
iww,CAA
?_100'� a� 4,y�� My Commission Expires: ?�g`z��
O - (Use 4 digits for expiration year)
2017 Costco Wholesale Annexation Agreement 19
EXHIBIT"B"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO
CATAMOUNT STREET
2017 COSTCO WHOLESALE 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 Parcel E-1 of Certificate of Survey 1827, NE ''/a,
Section 35, Township 1 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 Catamount 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 Catamount
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 gne 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 Costco Wholesale Annexation Agreement 20
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 ,?Ad day of , 2018.
LANDOWNER
itle U ( tACL3`�E,,44WC--
CO WHO& (lo►Qo/ 6A-
STATE OF WASHINGTON)
:ss
COUNTY OF )
On this c%J day of TUIV 2018, before me, the undersigned, a Notary
Public for the State of Montana, pe sonally appeared --Fn`- , known to me
to be the Fs} - of Costco Wholesale,-hter-thiit executed the within
instrument, and acknowledged to me that they executed the ame on behalf of Costco
Wholesale, r�o�alc�n
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and Y"` ,(,;rst above written.
+`�.�`�GNSH���►����� (SEAL)
�O 'y 4z (Printed Name ere) q
y Z g o� , Notary Public for the State of_(,V�
i s ' ti 5 Residing at 1�aP(a- day , ugh
�; �., P� � My Commission Expires:
iV�i', S��upa'��'*`���' (Use 4 digits for expiration year)
ITOF ��
2017 Costco Wholesale Annexation Agreement 21
EXHIBIT "C"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO
N. 271h AVENUE
2017 COSTCO WHOLESALE 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 Parcel E-1 of Certificate of Survey 1827, NE 1/a,
Section 35, Township 1 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. 2701 Avenue 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. 27th Avenue,
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.improvehlbn s, 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 Costco Wholesale Annexation Agreement 22
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 oW day of 2018.
LANDOWNER
it : )CBSI
COSTCO WHOLESALE,I'IQZN (!Drfom'4v6
STATE OF WASHINGTON)
s COUNTY OF H )
On this c2K� day of �U�( 2018, before me, the undersigned, a Notary
Public for the State of Montana,pers nally appeared i-✓04C- , known to me
to be the —Al S'I&t, -Ra('50tof Costco Wholesaler4ne. hat,,executed the within
instrument, and acknowledged to me that they executed the same on behalf of Costco
Wholesale,4trr-('A ra{iat-
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day a�j,"wj jfs t above written.
.�-N
&G E N ,
.aa1111q J 0 eks tv�-
?�'"�M Ex ''gay �4 (SEAL) w`^^kjo—
?� oc►Rr +��y (Printed Name ere)
qC
: Notary Public for the State of
4J ,o�s�� _,I! -_ Residing at (2 Uift
�.O��.r 0= My Commission Expires. �-q� ��
`O F (Use 4 digits for expiration year)
2017 Costco Wholesale Annexation Agreement 23
EXHIBIT"D"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR STREET IMPROVEMENTS TO
VALLEY CENTER DRIVE
2017 COSTCO WHOLESALE 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 Parcel E-1 of Certificate of Survey 1827, NE '/a,
Section 35, Township 1 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 Valley Center Drive 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 Valley Center
Drive, 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 Costco Wholesale Annexation Agreement 24
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 A day of OaQ 2018.
LANDOWNER
S�!nj'
itle:
0 WHOLE C CO forai4a- --
S LE,iL\ .� '
STATE OF WASHINGTON)
COUNTY OF s
On this o2K6 day of TUW 2018, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared .1aC�� . (=+' — known to me
to be the C9--'N of Costco Wholesale,-h-c. that executed the within
instrument, and acknowledged to me that they executed the same on behalf of Costco
Wholesaled Oprfsraimti
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
G SC-, To
it (SEAL) Jo &o' -
�INA, pp�i�y ��k (Printed Name H e) � �
Notary Public for the tate of Wqq�
Residing at MV
My Commission Expires: q
s''''� . y g'r__ (Use 4 digits for expiration year)
Ire of
2017 Costco Wholesale Annexation Agreement 25
EXHIBIT "E"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO
CATAMOUNT STREET AND VALLEY CENTER DRIVE
2017 COSTCO WHOLESALE 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 Parcel E-1 of Certificate of Survey 1827, NE '''A,
Section 35,Township 1 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 Catamount Street and Valley Center Drive 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 Catamount Street and Valley Center
Drive 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.t fP65 ie 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 Costco Wholesale Annexation Agreement 26
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 day of juay , 2018.
LANDOWNER
tf
(C S(O WH0L SALE,�fC-corPor4OA —
STATE OF WASHINGTON)
:ss
COUNTY OF ��`^� )
On this `J day of t 2018, before me, the undersigned, a Notary
Public for the State of Montana, pers nally appeared �ack S. — known to me
to be the y'CP hBrtS'44 F44 Uii{ of Costco Wholesalertm that executed the within
instrument, and acknowledged to me that they executed thespame on behalf of Costco
Wholesale,frm.O�T`61111_
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day %%Wrlk st above written.
GENSEN '��
sO=g��'ti,,,� yYz� (SEAL)
s pQ's ,� r s �y�O (Printed Name H' e)
y 2 5 i •' ; n Notary Public for the State of
P�10C6%V- ,= s Residing atg U��,, f
�ft r My Commission Expires. 7-9 -;uIt •�-I-rE Of
(Use 4 digits for expiration year)
h,4%%%
2017 Costco Wholesale Annexation Agreement 27
EXHIBIT "F"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO
CATAMOUNT STREET AND N. 27TH AVENUE
2017 COSTCO WHOLESALE 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 Parcel E-1 of Certificate of Survey 1827, NE '/a,
Section 35,Township 1 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 Catamount Street and N. 27th Avenue 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 Catamount Street and N. 271h Avenue
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 cte�ate 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 Costco Wholesale Annexation Agreement 28
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 AO� day of JU�I , 2018.
LANDOWNER
*TCOWHOL
SALE,4T1E-(�rQorol,' *"'--
STATE OF WASHINGTON)
� :ss
COUNTY OF )
On this A-6 day of J VLLq 2018, before me, the undersigned, a Notary
Public for the St to of Montana, pers pally appeared 1 -5 fK known to me
to be the 01 tM--5"dtkk` ja-4 of Costco Wholesale, . Utarexecuted the within
instrument, and acknowledged to me that they executed the alme on behalf of Costco
Wholesale,itym1 —
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
`14�1 S"SEIV fill, (SEAL)
s``fjiiPlRE�O4q ,y �I (Printed Name re)
Q==oP%Y u ��''%'��� Notary Public for the State of ��
�; Residing at ( - w&
iZf s ' v : 2
ey �
o P�� . My Commission Expires:
�c.` to
(Use 4 digits for expiration year)
fit
2017 holesale Annexation Agreement 29
EXHIBIT"G"
WAIVER OF RIGHT TO PROTEST CREATION OF
SPECIAL IMPROVEMENT DISTRICTS FOR INTERSECTION IMPROVEMENTS TO
VALLEY CENTER DRIVE AND N. 19TH AVENUE
2017 COSTCO WHOLESALE 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 Parcel E-1 of Certificate of Survey 1827, NE ''/a,
Section 35,Township 1 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 Valley Center Drive and N. 191h Avenue 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 Valley Center Drive and N. 191h
Avenue 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
t,
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 Costco Wholesale Annexation Agreement 30
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 AJ day of , 2018.
LANDOWNER
ait :it : v lce .f(�l
CO WHOL SALE-, IM. C-Orpor0tO0^
STATE OF WASHINGTON)
s
COUNTY OF �J
On this ' day of Jw(y 2018, before me, the undersigned, a Notary
Public for the State of Montana, personally appeared J-�:5. FK_14— known to me
to be the ykP- PIS 66t+` of Costco Wholesalermc thatexecuted the within
instrument, and acknowledged to me that they executed W� same on behalf of Costco
Wholesale,-In (;add
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEN � (SEAL) �i-1 CV-5 e�—
��.`o � � (Printed Name re)
Spa �P �Z0 , Notary Public for the State ofVA
z i-�
Q s = �•' � h � � Residing at
7 ;P. Pao";b_ ? My Commission Expires: '1-9`
\1111)"41T
Pg` (Use 4 digits for expiration year)
2017 C�oA o holesale Annexation Agreement 31