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HomeMy WebLinkAbout18- Annexation Agreement - Bridger Center, LLC - 2018 Bridger Meadows Annexation 2624499 Inter-office Originalto: Page: 1 or i6 OGallat©n 0uinty, 6 PM Fee $Misc City of Bozeman Charlotte Mills - Gallatin County, MT City Clerk IIIIIII IIIIE 1111111111111141111111111111 III 11111111111111111111111 PO Box 1230 Bozeman MT 549771-1230 2018 BRIDGER MEADOWS ANNEXATION AGREEMENT I^ THIS AGREEMENT made and entered into this�day of Pq A4 , 2018, by and between the CITY OF BOZEMAN, a municipal corporation and self-governing political subdivision of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771- 0640, hereinafter referred to as "City", and Bridger Center LLC, 1450 Cherry Drive, Bozeman MT 59715, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 2018 BRIDGER MEADOWS ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: Certificate of Survey 885, being 12.00 acres. All as depicted on the 2018 Bridger Meadows Annexation Map. 2018 Bridger Meadows Annexation Agreement 1 WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the 2018 BRIDGER MEADOWS ANNEXATION 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, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the 2018 BRIDGER MEADOWS ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann.will allow the 2018 BRIDGER MEADOWS ANNEXATION to connect to and utilize City services, including municipal water and sewer service, fire service, and the City's street system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS,the parties recognize additional development on the 2018 BRIDGER MEADOWS ANNEXATION will impact area streets and fire services, and that future improvements may require additional public street improvements for traffic circulation and the provisions of fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide traffic circulation and fire service for development of the 2018 BRIDGER MEADOWS ANNEXATION; 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. WITNESSETH: IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 2018 Bridger Meadows Annexation Agreement 2 1. Recitals The above recitals are true and correct. 2. Annexation The Landowner filed an application for annexation of the 2018 BRIDGER MEADOWS ANNEXATION with the City on February 12,2018. By execution of this Agreement,the City manifests its intent to annex the 2018 BRIDGER MEADOWS ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 2018 BRIDGER MEADOWS ANNEXATION. Further, upon the execution of this Agreement, the 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 2018 BRIDGER MEADOWS ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the 2018 BRIDGER MEADOWS ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. 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 2018 BRIDGER MEADOWS ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition,engineering,construction,and 2018 Bridger Meadows Annexation Agreement 3 other costs for the delivery of water to or within the 2018 BRIDGER MEADOWS ANNEXATION 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. 5. 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 2018 BRIDGER MEADOWS ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the collection of sewage services to or within the 2018 BRIDGER MEADOWS ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code. The amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property will be calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. The applicant must perform a water rights search to determine if any exist for this property. Any water rights that exist for 2018 Bridger Meadows Annexation Agreement 4 this property must be transferred to the City of Bozeman prior to development. If insufficient water rights exist, cash in lieu of water rights, in an amount determined by the Director of Public Service, must be paid prior to development. 7. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the 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 improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the 2018 BRIDGER MEADOWS ANNEXATION to complete, at Landowner's expense,the necessary system improvements to serve the proposed development. 8. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City's Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees that there is no right, either granted or implied, for the Landowner to further develop any of the 2018 BRIDGER MEADOWS ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, streets, and sewer and water capacity,are available to all or a portion of the 2018 BRIDGER MEADOWS ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the 2018 Bridger Meadows Annexation Agreement 5 Landowner will be solely responsible for installing, at Landowner's sole expense, any facilities or infrastructure required to provide full municipal services to the 2018 BRIDGER MEADOWS ANNEXATION in accordance with the City's infrastructure plans,adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 9. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 2018 BRIDGER MEADOWS ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from the public streets may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical Stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. 10. Waiver of Right-to-Protest Special Improvement Districts A. Landowner shall 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. The 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. 2018 Bridger Meadows Annexation Agreement 6 B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements including paving, curb and gutter, sidewalk and stormwater drainage facilities for Story Mill Road, Bridger Drive, and E. Griffin Drive and signalization or roundabout improvements for the following intersections: a) Story Mill Road and Bridger Drive and b) E. Griffin Drive and Rouse Avenue. The 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 agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A and B above, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share,proportionate basis as determined by the City on the basis of the square footage of property,taxable valuation of the property, traffic contribution from the development or a combination thereof. 11. Public Street and Utility Easement The Landowner understands and agrees that a public street and utility easement shall be provided for required extensions of streets and utilities at the time of development. The Landowner, at its sole expense,will create such an easement in a location and form agreeable to the City and the easement will be filed at the Gallatin County Clerk and Recorder's Office. 12. Street Improvements The Landowner understands and agrees that at the time of future development the portion of Commercial Drive fronting this property will be required to be improved to a City standard. 13. Impact Fees 2018 Bridger Meadows Annexation Agreement 7 Landowner acknowledges that annexation and development of their property will impact the City's existing street, water and sewer infrastructure, and the City's fire service. As approved by the City, the land owners and their successors shall pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of building permit. C) Water impact fees as required by Chpt.2,Art. 6.Div. 9 BMC, or as amended, at the time of connection to city water. D) Sewer impact fees as required by Chpt. 2,Art. 6.Div. 9 BMC,or as amended, at the time of connection to city sewer. The amount of impact fee to be paid for connection to the city's water and sewer services, if any, shall 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, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the 2018 BRIDGER MEADOWS ANNEXATION 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 is to be performed, and should default not be remedied or corrected within thirty(30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at their option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners 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. 2018 Bridger Meadows Annexation Agreement 8 B) Elect any other remedy available to City under the laws of the State of Montana. 14. Additional Terms The parties recognize these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 2018 BRIDGER MEADOWS ANNEXATION. The parties further agree that the City may file these documents at any time. 15. 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. 16. 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 City Attorney. 17. 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. 18. 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. 19. Modifications or Alterations 2018 Bridger Meadows Annexation Agreement 9 No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 20. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 21. 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 any subsequent purchaser of the annexed property. 22. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the 2018 BRIDGER MEADOWS ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. IN WITNESS WHEREOF,the parties hereto have caused this agreement to be executed the day and year first above written. 2018 Bridger Meadows Annexation Agreement 10 LANDOWNER ANb MEMij�EV k1j3Z-r'1'- Bridger Center LLC By: Tom Murphy STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of A%' .n z- , 2018, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Tom Murphy known to me to be the landowner owA rAr-M lc that executed the within instrument,and acknowledged to me that he executed the same for and on behalf 8t�� of landowner. L� ' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ` oN�K,�osf� SHANNON L KLOOSTERHOF Notary Public �\/���('�� OSt2r Vt � NOTnRr.4:�:for the State of Montana Residing at: (Printed Name Here) Bozeman, Montana Notary Public for the State of '91F Mo�P' My Commission Expires: March 17,2021 Residing at aolk(VlUY1. NCy My Commission Expires: 3• i •2021 (Use 4 digits for expiration year) 2018 Bridger Meadows Annexation Agreement 11 CITY OF BOZEMAN CAIA��r By: A dreg Surratt, City Man ger B02)� � J ATTEST: O.• ' ' •.�' City Clerk j 883 • rIN CO STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of , 2018,before me, a Notary Public for the state of Montana, personally appeare Andrea Surratt and Robin Crough, known to me to the persons described in and who executed the foregoing instrument as City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and 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. A sry'�« BRENDA SWEENEY °��� ' Notary Public mQ'ao7Ap14 for the State of Montana (Printed Name Here) * *; Residing at: Notary Public for the State of Montana V SEAL.. e; Bozeman, Montana My Commission Expires: Residing of December 02,2018 My Commission Expires: (Use 4 digits for expiration year) 2018 Bridger Meadows Annexation Agreement 12 EXHIBIT "A" WAIVER OF RIGHT-TO-PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICT FOR A CITY-WIDE SPECIAL DISTRICT FOR PARKS,TRAILS OR OPEN SPACE 2018 BRIDGER MEADOWS ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Certificate of Survey 885, being 12.00 acres. 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, trails, and open space 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 districts to fund capital improvements, operations, and maintenance of any parks, trails, or open spaces within the annexed area and/or of a City-wide special district to fund capital improvements, operations, and maintenance of parks, trails, and open spaces throughout the City, which would provide a mechanism for the fair and equitable assessment of costs for City parks, trails, and open spaces, 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 districts for the above described purposes and 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. 2018 Bridger Meadows Annexation Agreement 13 The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. DATED this oRP�day of &y-k' , 2018. LANDQWNER F1NO 'MGM$EYL. 1 � Bridger Center LL By: Tom Murphy STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) -1r On this day of u Vl•- , 2018, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Tom Murphy known to me to be the landowner4 atond*tmbe( of executed the within instrument, and acknowledged to me that he executed the same for and on behalf 1b6d\ x LLC of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) i SHANNON L KLOOSTERHOF 0.Y1y1b+n �— Y— Notary Public o1ARrg4.1_ for the State of Montana (Printed Name Here) - - Residing at: Notary Public for the State of N,;.ISF,%1,',e: Bozeman, Montana vl ? My Commission Expires: Residing at 0��VHCUn, � March 17,2021 My Commission Expires: 3 1�t 202� (Use 4 digits for expiration year) 2018 Bridger Meadows Annexation Agreement 14 EXHIBIT "B" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 2018 BRIDGER MEADOWS ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Certificate of Survey 885, being 12.00 acres. 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 Story Mill Road, Bridger Drive, and E. Griffin Drive and the intersections of Story Mill Road and Bridger Drive and E. Griffin Drive and Rouse Avenue which will be caused by the development of the above-described property,the owner 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/gutter, sidewalk, storm drainage facilities for Story Mill Road, Bridger Drive, and E. Griffin Drive and in addition intersection improvements including signalization or roundabouts for the intersections of Story Mill Road and Bridger Drive and E. Griffin Drive and Rouse 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 a 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, 2018 Bridger Meadows Annexation Agreement 15 proportionate basis as determined by the City on the basis of the 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 the Landowner. DATED this �� day of 3unQ— , 2018. LANDOWNER Pt N 1� ME'M8 E12 Bridger Center LL By: Tom Murphy STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this o 01' day of 0�hQ , 2018, before me,the undersigned, a Notary Public for the State of Montana, personally appeared Tom Murphy, known to me to be the landowner+ht t aca rnexrvVes 0� executed the within instrument, and acknowledged to me that he executed the same for and on behalf bc;#j LLC. of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) 1 - .`off�Kt opSr, SHANNON L KLOOSTEFHOF Q'AA y)VI , .- Notary Public (Printed Name Here) � ,Xolna1q for the State of Montana Residing at: Notary Public for the State of MT *' SEA1,. �= g at Bozeman, Montana Residing. 2MT My Commission Expires: March 17,2021 My Commission Expires: ?j �'�•20Z) (Use 4 digits for expiration year) 2018 Bridger Meadows Annexation Agreement 16