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HomeMy WebLinkAbout05- Aspen Partners Annexation Agreement I ASPEN PARTNERS I ANNEXATION AGREEMENT I I 1li~!T't.:~ ';'.:RI~ 'l 111111111111111111111111111111111111111111111111111111I ~~t~~~: l, ~A I ASPEN PARTNERS I ANNEXATION AGREEMENT Snelley Vanoe-Gallatin Co MT MISC 96.00 ---. THIS AGREEMENT is made and entered into this Zeu dayo[ ..J V">. 1--1 """ rl-' 2005, by and between the CITY OF BOZEMAN, a municipal corporation and political suhdivision of the State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-1230, hereinafter referred to as "City", and Aspen Partners I, LLC., PO Box 1599, Missoula, Montana 59806 hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the "ASPEN PARTNERS I ANNEXATION", situated in Gallatin County, Montana, and more particularly descrihed as follows: A tract of land being TRACT 7 A, Certificate of Survey 2408. Said tract contains 20.12 acres, more or less, along with and suhject to all easements of record or apparent on the ground. WHEREAS, the Landowner has petitioned the City for annexation ofthe contiguous tract; and WHEREAS, the ASPEN PARTNERS I ANNEXATION is not within the corporate limits of the City or other municipality but is contiguous to the City and may therefore be mmexed to the City in accordance with the provisions of this Agreement and M.CA. Title 7, Chapter 2, Part 43. WHEREAS, all parties recognize that the annexation of the ASPEN PARTNERS I ANNEXATION pursuant to Section 7-2-4301, et seq., M.CA., will entitle the said property to City services, including municipal water and sewer service, upon their availahility; and WHEREAS, M.CA. Section 7-2-4305 provides that a municipality and landowner can agree to the provision of services to the area to be annexed; and WHEREAS, the City's present water supply is insufficient to enable it to supply reasonahly adequate water service to additional customers outside the present city boundaries; and I ASPEN PARTNERS I ANNEXATION AGREEMENT 2 I I111I1111111111111111111111111111111111111111111111111I ~:t~~~:l.~, Snelley Vanoe-Gallatin Co MT MISC 96.00 WH EREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the ASPEN PARTNERS I ANNEXATION; and WHEREAS, all parties recogmze that the development of the ASPEN PARTNERS I ANNEXATION will impact Story Mill Road and Bridger Drive, and will require additional public street improvements for traffic circulation; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the ASPEN PARTNERS I ANNEXATION; and WHEREAS, the making and perfoffilance of this Agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate water supply and traffic system by the City is necessary and of mutual advantage to the parties hereto; and WHEREAS, the parties have determined that it is in the best interests of the City and the Landowner, and in furtherance ofthe public health, safety and welfare ofthe community to enter into and implement this Agreement. IN CONSIDERA nON ofthe mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals The above recitals are tme and correct. 2. Annexation The Landowner filed an application for annexation of the ASPEN PARTNERS I ANNEXA nON with the City. The City, on April 5, 2004, adopted a Resolution ofIntent to Annex I ASPEN PAR'rNERS J ANNFXATlON AGREEMENT 3 I 111111111111111111111111111111111111111111111111111111I ~~t~~r:l: ~A SMelley Vance-GallatIn Cc MT MISC 96.00 the ASPEN PARTNERS I ANNEXATION. By execution of this Agreement, the Cityhasmanifested its intention to annex the ASPEN PARTNERS I ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 43, the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the ASPEN PARTNERS I ANNEXA TION to the City. Further, upon the execution of this Agreement, the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and effectuate the amlexation of the ASPEN PARTNERS 1 ANNEXATION tract to the City. 3. Services Provided The City will, upon annexation, make available only existing City services to the extent currently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the ASPEN PARTNERS I ANNEXATION, 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 13.12, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the ASPEN PARTNERS I ANNEXATION. 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 ASPEN PARTNERS I ANNEXA TION to include, but not limited to, any impact fees, hook-up, connection, or development charges which may be established by the City. The applicant is further on notice that prior to development the applicant will be responsible for installing any facilities required to provide full I ASPEN PARTNERS I ANNEXATION AGREEMFNT 4 I 1111111 11111111111111111111111111111111111 1111111111111 ~~t~~~i l, ~R Shelley Vance-Gallatin Co MT MISC 96.00 municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the time of development. 5. Municipal Sewer Service Defined The tern1 "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other tenus and conditions which apply to the City's provision ofthis service. The term does not contemplate the extension 0 f lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the ASPEN PARTNERS I 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 ASPEN PARTNERS I ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. The applicant is further on notice that prior to development the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman' s infrastructure master plans and all city policies that may be in effect at the time of development. 6. Water Ril!hts The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City o[Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof equal to the anticipated average annual consumption of water by residents and/or users of the property when fi~lly developed. Thefee may he used to acquire water rights orfor improvements to the water system which would create additional water supply capacity. Except, however. that for any annexation in excess of ten (J OJ acres, this policy shall be carried out prior to final plat approval of each development phase. Section 2, No.5, Commission Resolution 3137, Adopted August 19, 1996 The ASPEN PARTNERS I ANNEXATION consists of approximately 20.12 acres. I ASPFN PARTNERS I ANNFXATION ACiREEMI.:NT ) I 1111111111111111111111111111111111111111111111111111111 ~~t~~f:l:~R Shelley Vanoe-Callatin Co MT MISC 96.00 The Landowner understands and agrees that they must provide sufficient water rights in accordance with the City's policy according to the following schedule: ASPEN PARTNERS JANNEXATION, consistingofa totalof20.14 acres, shall provide water rights or cash-in-lieu at the time the Filial Plat is submitted. The Landowner shall provide sufficient cash-in-lieu as calculated by the City in accordance with its policy at the time of calculation. The Landowner fmiher understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis ofthe zoning designation and/or City-approved development for the property at the time such calculation is made. 7. Comprehensive Water and Sewer Desien Report Prior to future development of the property, the Landowner shall have prepared by a Professional Engineer, at Landowner's expense, a comprehensive design report evaluating existing capacity of sewer and water utilities. The report must include hydraulic evaluations of each utility for both existing and post~developmcnt demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The Landowner agrees to complete at Landowner's expense, the necessary system improvements to serve the full development. 8. Future Development Landowner understands and agrees that adequate municipal services and facilities are not currently availahle to much of the area proposed for annexation, and that there is no right, either granted or implied by the City, for the Landowner to develop any of the ASPEN PARTNERS I ANNEXATION until it is verified by the City that necessary municipal services and l~lcilities, I ASPI.:N PARTNERS I ANNEXATION N;REEMENT (, I 1111111111111111111111111111111111111111111111111111111 ~~t~~~~l:~A S~elley Vance-Gallatin Co MT MISC 96.00 including but not limited to police and fire protection and road improvements, are available to all or a portion of the ASPEN PARTNERS I ANNEXATION. 9. Impact Fees The Landowners hereby acknowledge that annexation and development of their property will impact the City's existing street, water and sewer infrastructure, and fire service requirements. There arc no existing structures on the property. At the time new structures apply to the City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fecs which are due. The Landowners and their successors shall pay all Fire, Street, Watcr and Sewer Impact Fees required by chapter 3.24, Bozeman Municipal Code, or as amended, at the time of appl ication for any permit listed in Section 3.24.050A, 3.24.060A, 3.24.070A, or 3.24.080A, respcctively. Ifthe impact fees currently imposed pursuant to Chaptcr 3.24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, Landowners agree to pay the City fees or assessmcnts established by the City for impact on City services in accordancc with a new or revised Chapter of the Bozeman Municipal Code lawfully enacted as a result of such court decision after the date of the court decision. If, prior to enactment of such revised Chapter, the Landowner applies for any pcrm it which actuates or would have actuated impact fees pursuant to the current Chapter 3.24 of the Bozeman Municipal Code, the Landowner further agrees to pay at that time, the amount calculated for all such fees based upon the rates established at the date of this agreement. If the Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if landowner would have been entitled to a refund undcr thc court's decision but were it not for the sole fact of the landowner paying impact fees because of this agreement, thcn all such impact fees paid prior to thc court's decision shall bc hcld in escrow until a revised Chapter orthe Codc is cnacted after the Court's decision. 1111111111111111111111111111111111111111111111111111111 ~~t~~~: l, ~R Shelley Vanoe-Gallatln Co MT MISC 96.00 At the time the revised code is enacted, then all such fees held in escrow shall be released to the city and the balance, ifany, returned to the landowner. All accumulated interest on the sum held in escrow shall be released to the City or landowner on the same percentage as the money released to either party bears to the total sum held in escrow. Landowners further understand and agree that any improvements, either on- or off-site, necessary to provide connection of ASPEN PARTNERS I ANNEXA nON to municipal services which are wholly attributable to the property are "project related improvements" as defined in Chapter 3.24, Bozeman Municipal Code, or as amended, and as such, are not eligible for impact fee credits. If Landowners default 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 Landowners 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. B) Elect any other remedy available to City under the laws of the State of Montana. C) Any waiver by City of any default shall not be construed as a waiver of any subsequent default. D) It is agreed that it shall be no defense to the enforcement of this provision by the City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal Code arc subsequently voided or declared invalid by a court of competent jurisdiction. It is the express intention of the parties not to be bound I ASPEN PARTNJ-:RS I ANNEXATION ACilZEEMENT 7 I I ASPEN PAKfNERS J ANNEXATION AGREEMENT s I 111111111111111111111111111111111111111111111111111111I ~~t~~~~ 1: ~A Sh.ll.y Vano.-Gallatin Co ~T ~ISC 96.00 by such a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiting any such payment, landowner will pay such amount as specified above. 11. Stormwater MasterPlan Landowner understands and agrees that a Stoffilwater Master Plan for the ASPEN PARTNERS I ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the nmoff from the public streets must be provided to and approved by the City Engineer at the time of any future development. The master 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 ehannel(s). The plan shall include site grading and elevation infonnation, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stonnwater maintenance plan. 12. Traffic Analysis Report Landowner may be required to provide a detailed Traffic Analysis Report(s) at the time of future development of any portion of the annexed property. 13. Waiver of Ril!ht-to-Protest Special Improvement Districts Landowner has executed a Waiver of Right-to-Protest Creation of Special Improvement Districts for street improvements. including paving, curb/gutter, sidewalk, and storm drainage appurtenances to Story Mill Rd and Bridger Drive and signalization a/the intersection of Story Mill Rd and Bridger Drive; and have further executed a Waiver of Right-to-Protest Creation a/Special Parks Maintenance Districts. Said Waivers are attached hereto as Exhibits A and B. In the event an SID is not utilized for the completion 0 r these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a I ASPEN PARTNERS I ANNEXArION AGREEMENT ') I 1111111 11111111111111111111111111111111111 1111111111111 ~~t~~~~~: ~R Sh.ll.y Vano.-Gallatin Co MT MISC 96,00 fair share, proportionate basis as detelmined by square footage of property, taxable valuation of the property, traffic contribution foml the development, or a combination thereof. 14. Ri2ht-of-Wav/Easement for Future Roadwavs Landowner agrees to dedicate, by Public Street and Utility Easement or in fee simple through a subdivision plat, the following land to the City of Bozeman lor right-of-way purposes, which represents Landowner's proportionate share ofthe necessary right-of-way. Said right-of-way will be provided prior to or concurrently with the filing of any subdivision plat with the Gallatin COlmty Clerk and Recorder. a) The applicant shall grant the required easement or Right-of- Way to the City of Bozeman for a total of 45 feet widefrom the section line for Story Mill Rd. b) The applicant shall grant the required easement or Right-of- Way to the City of Bozeman for the extension of Boylan Rd as a full local street standard of 60 feet width to the eastern edge of the annexed tract. 15. Utility Easements Landowner understands and agrees that utility casements, a minimum of30 feet in width, will be necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. The Landowner shall create such casements in locations agreeable to the City during the appropriate development procedure, but in no event later than the filing of any final plat or site plan or issuance of a building pennit on any of the parcels. 16. Additional Terms of Waivers The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the ASPEN PARTNERS ANNEXATION. The parties further agree that the City may file these documents at any time. I ASPEN PARTNI:;RS I ANNEXATION AGREEMENT 101 11111111111111111111111111111111111111111111111111111 ~:t~~,f. ~ Sh.ll.y V.no.-G.ll.tin Co MT MISC 96.00 17. Governin2 Law and Venue This Agreement shall be construed under and govemed by the laws ofthe state of Montana. In the event of litigation eonceming this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 18. 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 attomey's fees and costs, to include the salary and costs ofin-house counsel including City Attomey. 19. Waiver No waiver by either party of any breach of any tenn, 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, telID or agreement shall be deemed waived by either party unless waived in writing. 20. Invalid Provision The invalidity or unenforceability of any provision ofthis 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. 21. Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced hy a writing signed by the parties hereto. 22. No Assi2nment It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. I 1111111111111111 111111111 111111 IIIIUI III 111111 III 1111 g ~~}J7~, Shelley Vanoe-Gallatin Co MT MISC 96.00 23. 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. 24. Covenants to Run with the Land The parties intend that the temlS o[this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership ofthe property. The undersigned Landowners affirms that they have authority to enter into this Agreement on behalf oftheir partnership, and to bind the partnership to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. WNER .rl L---- . By: James P. McLeod, Managing Partner, Representing Aspen Partners I, LLC. '" , "" " :" ",.1.":J T/"~,,,:,,! "'. " "" ~ ""/( : !. .-...~~ 0". ~'~ ,.... ~ ~~"1"1 . ~". ~: ,,,', .:..,.. h/_\ L . .j." ~- -- ',,' ':.'..."~-< "",.,.~';'/ ,... '.,.' /,\ .... ~ "'". . ~ '~j ..._,~. \ r. \ ...:<\ STATE OF MONTANA ) ;'1 . :ss COUNTY oR;-jal;a.,~). . On this d. 6, 'i! day 0[,,('1 ~ .,200 5', before me,. a Notary Public [or the Sta~e of Montana, personally appeared J;hes P. McLeod, Managmg Partner, represent1l1g Aspen Partners T, LLC., known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the same. TN WrrNESS WHEREOF, T have hereunto set my hand and affixed my official seal the day and year first ahove written. ~H t,~di- .,.",tg'~^L)." l . . ......, ',.~. I,'" "',' / . ':.~." " ~.~Qll.5<j1{l_ If (Printed Name Here) Not<:rr~Public for the State of Montana Residing at. ~d) ~ My ConmllSSl0n Expires: /I / / 3/doo7 r ( -- \"... I ASPEN PARTNERS I ANNI:XATlON AGREEMENT I] I , IIIIIIIIIIIIIIIIIIIIIIIIIIII~IIII~~ 11111I1111111111 g~~?J~ ~A Shallay Vanoa-Gallatln C~ ~T ~ISC 96.00 CITY O~' BOZEMAN fln -.AJ~ ~--_.,_........_..,..,...,---,.- By: Chris Kukulski, City Manager ATTEST: ~......</... . jJ/J '/1 ,.. co ...~ R~ 1n L.Sullivan, --- Clerk'ofthe City Commission STATE OF MONTANA ) :ss COUNTY OF GALLATIN) On the J~ day of-AEVI~l , 2~, before me, a Notary Public for the State of Montana, personalIy appeared CHRIS KUKULSKI AND ROBIN L. SULLIVAN, known to me to be the City Manager and Clerk of the City Commission respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the sanle for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ..' (S.e~nS!1 I~.:l". h '.. ',,<" .' ~"". 'i-/) "', . \:\ "/ ". '2. r., "l"'" . " .",' \.. ~ '-;:0 : r""", c, : )'?..:...::"': .. .... :'L,.: ::.. . '. ..,-J,,...., ,: r:~- " '''1'. . t ~. \ . I' ,'" ". "" .... - '\ ';- ./ /,'~.~-1 -., ...f.~ t) ~iLN- ~r&ti ~ Notary Public or the State of Montana Residing at Bozeman, Montana My Commission Expires: 3/2 ~- /2-ocl1 1 ASPEN P^RTNl.:RS I ^NNEXAT!ON ^GREEMENT 121 11111I111111111111111111111111111111111111111111111111I ~:t~~?,!'~, Sh.ll.y Vano.-Gallatin Co MT MISC 98.00 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATION D.F SPECIAL IMPROVEMENT DISTRICTS ASPEN PARTNERS I ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Tract 7 A, Certificate of Survey 2048. Said tract contains 20.12 acres, more or less, along with and subject to all easements of record or apparent on the ground. 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 ofthc impact to Story Mill Road and Bridger Drive, which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts for paving, curb, gutter. sidewalk. and drainage inzprovements to Story Mill Road and Bridger Drive; for signalization of the intersection of Story Mill Rd and Bridger Drive; or to make any written protest against the size or area or creation of the district, or method of assessment to bc 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 ilnprovements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as detel111inecl by square footage ofpropcrty, taxable valuation ofthe property, traffic contribution form the development, or a combination thereof. I ASPEN PARTNERS I ANNEXATION AGREEMENT 131 This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the sueeessors-in-interest and assigns of the parties hereto. DATED this Z v..,._. day of --...... ....j II). 0-.( VA '1~---~~-" 20 o$' . LANDOW ~r1~. By: James P. McLeod, Managing Partner, Representing Aspen Partners I, LLC. STATE OF MONT ANA ) J :ss COUNTYO~ ) On this ~:..::{ ({ i11- day of ()M'LAAAJLA,( , 200~, before me, a Notary Pub lie for the State of Montana, personally appeared Jan~s P. McLeod, 'Managing Partner, representing Aspen Partners T, LLC., known to me to be the person that executed the foregoing Annexation Agreement, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. etJuJ--J!..~:~?J;J /~Mi--- ( IJJ r 0 ( l i ,-S't /Zvf-f (Printed Namc Here) Notary Public [or the State of"Montana Residing a~ ~/(i~/YL,'), Montan~ .. My CommlsslOl1 Explrcs / I j; 3 / J,/'){) / (I . " \, (SEAiw) .', '''. ~:" -?:~:>;>:')' ," 'r' .. ~ '~) 1 / ~: /.,~ to '.~,"".> ~~': ...... ~ : ":: "';'"\' \. ~ t:: ,\"""f : 0/," .:,~ - I r' ..J <-If:, j,j .'.~ ~- < "./\~" .+'-:~~ <" .'1, -::->~.. ~ ~ ; . ." '. J .'.... ">~._ ~ lor"', ". ,+ ~ .,.., ~ \ . 1I11I1I11111111111111111111111111111111111111111111111I ~:t~~?J~~, Shelley Vanoe-Gallatin Co MT MISC 96,00 I ASPEN P^RTNI,;RS 1 ANNEXATION M,RFFMFNT , 141 11111I111111111111111111111111111111111111111111111111I g~~~J~~, Shelley Vance-Gallatin Co MT MISC 96.00 EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS ASPEN PARTNERS I ANNEXATION The undersigned owners o[ the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A tract of land being Tract 7 A, Certificate of Survey 2048. Said tract contains 20.12 acres, more or less, along with and subj ect to all easements of record or apparent on the ground. IN CONSIDERATION of receiving approval for annexation ofthe 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 on the City's park facilities and the need [or the maintenance of municipal park areas to serve City residents, the owners have waived and do hereby waive for themselves, their successors and assigns, the right to protest the creation of one or more special parks maintemmce or improvement districts for a City-wide Parks Maintenance District, or to make any written protest against the size or area or creation ofthe district to be assessed in response to a duly passed resolution of intention to create one or more special parks maintenance or improvement districts. In the event City-wide Parks Maintenance or Special Improvement Districts arc not utilized for the City-wide park maintenance, we agree to participate in an altemate financing method for completion of said improvements on a fair sh;ue, proportionate basis as determined by square footage ofthe property, linear Liont footage of the property, taxable valuation ofthe property, or a combination thereof. I ASPEN PARTNERS I ANNI:XAIION AGREEMENT .. 151 . 'I .. This waiver shall be a covenant fimning with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The tC1111S, covenants and provisions of the Waiver shall cxtend to, and be binding upon the succcssors-in-interest and assigns of the parties hereto. LAN;: 417 -~-_.-lL----- By: James P. McLeod, Managing Partner, Representing Aspen Partners I, LLC. STATE OF MONT ANA ) COUNTY OF:rjjdf~hv ~)'is f) / iIl/14 ~ _- On this ~0 day of 1.,1r.v )~. , 200~, before me, a Notary Public for the State of Montana, personally appeared James P. McLe8d, Managing Partner, representing Aspen Partners I, LLC., known to me to be the person that executed the ic)regoing Annexation Agreement, and acknowledged to me that helshe executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. i ?' . ....7.. '\. ...../:.. 7 /)"..LLJ! ( 1/1 {&-(e-lJ<y:i{!)LtMJC- \t!:v. r (') L{. S c ji cJ {-I __ (Printed Name Here) Notary Public for the State of Montana Residing at ~A-1.t a;v1j, Montana My Commission xpireS---.L<//3>l;? DC} 7 ,., . ,.,(S~i1~J;" .. \' ~. ,'"'. ~':'" ,::: : \:~ ~;/~~/ ~<~ ...... .", \ 'I" '~:iJ ~ ....-';,. '. .(" ~. D ',.'." . ':.\.J 1./\ -1/,,,1, . ,.\ --:.. :... '!.;:: /'l~,,~ ''; -"'-. , ",;: L" \ ~ ". , "?,,... '.oX _ _" ~,,' _... '>?c'~' ;:~j~':: <':::. ,;. ~ .' , .:.; ~ 1 ~ \ \ ;, 1111111111111111111111111111111111111111111111111111111 ~;~~~~,~, Shelley Vance-Gallatin Co MT MISC 915.00 ASPEN PARTNERS I ANNEXATION AGREEMENT 16 . ., ..