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HomeMy WebLinkAbout01- Rolfe Annexation Agreement .~,~,,,,,,,.,, J :' \~~, I I,'n'.,'" ,~~, l!"_~~""1III1I ~ , DglUUII120S0S13 PaIle: 1 of lIS " ' 10/16/2001 09:40R Shelley Vanoe-Gallatln Co MT MISC 90.00 ROLFE ANNEXATION AGREEMENT /l THIS AGREEMENT is made and entered into this /} day of ,~~,:,::;j/2.l' I , 2001, by and between the CITY OF BOZEMAN, a municipal corporation and political subdivision ofthe State of Montana, with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafterreJerred to as "City", and Fae B. Rolfe Revocable Trust, 2501 NOJih 19th Avenue, Bozeman, MT 59715, hereinafter refelTed to as "Landowner", WITNESSETH: WHEREAS, the Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the ROLFE ANNEXATION, situated in Gallatin County, Montana, and more particularly described as follows: A tract of land being shown as C.O,S. 331, N Y2, SE 1/4, Section 3, TIS, R5E, PMM, Gallatin County, Montana, said tract being 20.33 acres along with and subject to any existing easements. WHEREAS, the Landowner has petitioned the City [or annexation of the contiguous tract; and WHEREAS, the ROLFE ANNEXATION is not within the corporate limits of the City or other municipality but is contiguous to the City and may therefore be annexed to the City in accordance with the provisions of this Agreement and M.C.A. Title 7, Chapter 2, Part 43. \VHEREAS, all parties recognize that the annexation ofthe ROLFE ANNEXATION pursuant to Section 7.2.4301, et seq" M,C.A., will entitle the said property to City services, including municipal water and sewer service, upon their availability; and WHEREAS, M,C.A. 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 reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the Landowner wishes to convey to the City certain water rights or take some equivalent action to provide water and sewer service to the ROLFE ANNEXATION; and WHEREAS, all parties recognize that the development of the ROLFE ANNEXATION will impact North 19th Avenue, 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 ROLFE ANNEXATION; and ROI,FF ANNEXATION AGRI<:FMENT .. j r . 1111111111111111111111 ~~;~~F:l~, SMelley Vanoe-Gallatin Co MT MISC 90,00 WHEREAS, the making and performance of this Agreement is desirahle 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 detemlined that it is in the best interests of the City and the Landowner, and in furtherance of the public health, safety and welfare ofthe community to enter into and implement this Agreement. IN CONSIDERATION of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. Recitals. The above recitals are tme and COITect, 2, Annexation. The Landowner filed an application for annexation of the ROLFE ANNEXATION with the City, The City, on August 21,2000, adopted a Resolution ofIntent to Annex the ROLFE ANNEXATION, By execution of this Agreement, the City has manifested its intention to annex the ROLFE ANNEXA TION tract pursuant to the tenns 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 orthe ROLFE ANNEXATION 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 caITying out the terms, conditions and provisions ofthis Agreement and elIectuate the annexation of the ROLFE ANNEXATION to the City. 3. Services Provided. The City will, upon anncxation, make available only existing City services to the extent currently available, including municipal watcr service, municipal sewer scrvice, police protection, and fire protection, to the ROLFE ANNEXATION, as provided in this Agreement. 4. Municipal Water Service Defined. The term "municipal water service" as is used in this Agreement shall he 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 tenns and conditions which apply to the City's provision ofthis service, The tenn does not contemplate the extension oflines or construction of necessary improvements at any cost to the City for delivery of water to and within the ROLFE ANNEXATION. Nothing in this ROLFE ANNEXATION AGREEMENT 2 II " I " "11111" " " "~~;~~FJ~, Shelley Vance-Gallatln Co MT MISC 90.00 Agreement shall obligate the City to pay for right-or-way acquisition, engineering, construction, and other costs for the delivery of water to or within the ROLFE ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which 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 13,24, Bozeman Municipal Code, or as may be amended, as well as any other temlS and conditions which apply to the City's provision ofthis service. The tenll does not contemplate the extension oflines or construction of necessary improvements at any cost to the City for collection of sewage at and within the ROLFE 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 ROLFE ANNEXATION to inelude, but not limited to, any impact fees, hookup, connection, or development charges which may he established by the City. 6, Water Riehts. The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City of 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 fully developed. The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. Except, however, that for any annexation in excess often (10) 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 ROLFE ANNEXATION consists of approximately 20,33 acres, The Landowner understands and agrees that it must provide suiTicient water rights in accordance with the City's policy according to the following schedule: ROLFE ANNEXATION, consisting of a total of 20.33 acres, prior to filing of any final subdivision plat, final site plan approval, or the issuance of any buillling permit, whichever occurs first. The Landowner shall provide sufficient water rights or cash~in~lieu as calculated by the City in accordance with its policy at time of calculation. The Landowner further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City-approved development for the property at the time such calculation is made, ROLFE ANNEXATION ACiREEMENT 3 1111111111111111111111 ~~.~~F:l.~, SMelley Vanae-Gallatin Co MT MISC 90,00 The Landowner agrees to provide sufficient water rights or cash~in~lieu of water rights prior to filing of any Final Subdivision Plat, Final Site Plan approval, or the issuance of any building penllit, whichever occurs first. 7. Future Development The Landowners understand and agree that all future development on the Rolfe Annexation Tract shall be served by City Water and Sewer as provided for in the City's facility master planning documents. The Landowner understands and agrees that municipal services are not currently available to the area proposed for annexation and that there is no right, either granted or implied by the City, for the Landowners to develop any of the Rolfe Annexation Tract until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, are available to all or a portion of the Rolfe Annexation Tract. Upon future development ofthe Rolfe Annexation Tract, the City Water/Sewer Department will review plans for development of the proposed water infrastructure when they are provided and make any recommendations required to supply water to any proposed development on the Rolfe Atmexation Tract. Landowner further understands and agrees to the indemnify, defend, and hold the City of Bozeman and the Fire Department harmless from any liability, claims and/or damages arising from delayed responses and inadequate water supply, Landowner shall execute said hold harmless agreement in conjunction with said Annexation agreement. Said agreement is attached hereto as Exhibit A. 8, 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 existing structures on the property including a residence, barns and subsequent out~ buildings. At the time new stmctures apply to the City's Water and Sewer facilities, the Landowners shall pay all Water and Sewer Impact Fees which are due, The Landowners and any successors shall pay all Fire, Street, Water and Sewer Impact Fees required by Chapter 3.24, Bozeman Municipal Code, or as amended, at the time of application Cor any permit listed in Section 3.24.050A, 3.24.060.A, 3.24.07G.A, or 3.24.0S0.A, respectively. If impact fees currently imposed pursuant to Chapter 3,24 ofthe Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, the Landowners agree to pay the City fees or assessments established by the City [or impact on City services in accordance with a new or revised Chapter of the Bozeman Municipal Code lawfully enacted as a result of such court ROLPE ANNEXATION AGREEMENT 4 1111111111111111111111 ~~;1~FJ~" Shelley V.nee-G.ll.tln Co ~T ~ISC 90.00 decision after the date of the court decision, If~ prior to enactment of such revised Chapter, the Landowner applies for any permit 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 such fees based upon the rates established at the date of this agreement. lfthe Court above declares Chapter 3.24 of the Bozeman Municipal Code invalid, and if landowner would have been entitled to a refund under the court's decision but were it not for the sole fact of the landowner paying impact fees hecause of this agreement, then all such fees paid prior to the court's decision shall be held in escrow until a revised Chapter of the Code is enacted after the Court's decision. At the time the revised code is enacted, then all such fees held in escrow shall he released to the city and the ha1ance, if any, 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, Landowner further understands and agrees that any improvements, either on- or off-site, necessmy to provide cOlU1eetion of ROLFE ANNEXATION 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 the Landowners default on this condition at the time such is to be perfornled, and should default not be remedied or corrected within thirty (30) days after written notice hy City to the Landowner 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 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, B) Elect any other remedy available to City under the laws ofthe 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 hy City that impact fees imposed pursuant to Chapter 3,24 of the Bozeman Municipal Code are subsequently voided or declared invalid by a court of competent jurisdiction, It is the express intention of the parties not to be bound by sllch a declaration or judgment and, therefore, notwithstanding any judgment either limiting impact fee payments under annexation agreements to specified amounts, or prohibiti ng any such paymcnt, hndowncr will pay sllch amount as specified above, 9. Waiver of Rieht-to-Protest Special Improvement Districts The Landowner has executed a Waiver orRight-to-Protest Creation of Special Improvement District for street improvements, including paving, curb/gutter, sidewalk, boulevard and stonn ROLFE ANNEXATION AGREEMENT 5 1111111111111111111111 ~~.1~F:l.~, Shelley Vanoe-Gallatln Co MT MISC 90.00 drainage appurtenances to a) Rawhide Ridge,' b) any associate(l traffic signalization and intersection improvements for the intersection of Deadman's Gulch and North 19th A venue; and have further executed a Waiver of Right-to-Protest Creation of a City-wide Parks Maintenance District, Said Waivers are attached hereto as Exhibits Band C. 10. Additional Terms of Waivers The parties recognize that these documents shall be executed and returned to the Bozeman Planning and Community Development Department within one year of preliminary approval of the annexation request by the Bozeman City Commission. The parties also recognize that thcse documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale or transfer of ownership of any land within the ROLFE ANNEXATION. The parties further agree that the City may file these documents at any time, 11. Governinl! Law and Venue This Agreement shall be construed under and governed by the laws of the state of Montana, In the event oflitigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 12. 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. 13, 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 bc deemed waived by either party unless waived in writing, 14, 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, 15, Modifications or Alterations No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. ROLrE ANNEXATION ACiREEMENT 6 16. No Assi2nment 1111111111111111111111 ~~.1~r:l.~, Shelley Vance-Gallatin Co MT MIse 90,00 " .' It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent ofthe City. 17, 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, 18. Covenants to Run with the Land The parties intend that the terms ofthis Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written, LANDOWNER "..'-:~,.-/ <:' .~ ,.' ; -----'--"'-_ Cc ,( " ) j /~- 1"--) , ) 1(-;/ / ,1-(", Fae 8. Rolfe Fae 8, Rolfe and William A. Rolfe Revocahle Trust ST A TE OF MONT ANA ) :ss County of Gallatin ) I On this ~ day of,Je J2-i. ,2001, before me, a Notary Public [or the State of Montana, personally appeared Fat B. Rolfe, known to me to be the Landowner of Fae B. Rolfe and Willaim A. Rolfe Revocable Trust, the Land Trust that executed the foregoing Annexation Agreement, and acknowledged to me that she executed the same. IN WITNESS WH,SB.E,F, I have hereunto set my hand and set my Notarial Seal the day and year first writte~l_above. ,r, _ J ,\,l ,\ ' ": I, (' /,/ .tf''' / ,...,\\. :. :llf//lh~_ f'/... ~ J:,' :, ,\ "~- ,:',', ',-:"':-, tary P . 1'0 ',,((Seal) ., ,-,,-' '<;~ ~esiding: ,,- Commission E CITY OF BOZEMAN - --~ ~ \ ~--~...._"-- r:::- By: Clark Johnson, City Manager STATE OF MONTANA) :ss County of Gallatin ) ~\ On the _~day of SefiiPA%-lPl/I-,1001, before me, a Notary Public for the State of Montana, personally appeared CLA "JOHNSON 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 ROI ,rl': ^NNEXATION AGREEMENT 7 1111111111111111111111 ~~;~~F:~,~, Shallay Vanoa-Gallatln Co ~T ~ISC 90.00 namcs are subscribed to the within instrulllem ancl aCKnowledged to me that they cxecuted the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixcd my Notarial Seal on the day and year first written above. ~.',I. , (SealJ(f.~ .," -../ . , ,;A,",,::, ~"', ", ,~:, {"J)'Z()',,\ (I' ',: , #' h.....l' , "';'\;,", ."" (;) o , ' ,.:"... ''''''','',,;n .~' ~,,' ::.u'i'f r,' ., ':--:""");: ;,. ... (Y" / ~ l<.... ~ ~' , 1'.100 " I ("i/;U) 'lfA./ Notary Public fo' he State ~Montana Rcsiding at Bozeman, Montana Commission Expires: '3{z,>'10_1' c ROLFE ANNEXi\['ION AGREEMENT 8 1111111111111111111111 Shelley V.noe-Gall.tln Co MT MISC 90.00 2050513 Pa;e: 9 of 16 10/16/2001 09:40A EXHIBIT A HOLD HARMLESS AGREEMENT FOR ROLFE ANNEXATION If-- This Agreement is made and entercd into this /;'J day 01'....- ( , 2001, by and between Fae B. Rolfe, Revocable Trust, and William A. Rolfe, Revocable Trust, hereinafter called the "Landowner" and the City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the "City". Whereas, it is the intent and purpose ofthe Landowner to meet thc conditions of approval f()r Annexation 01'20.33 acres ofland as approved by the City of Bozeman on September 18, 2000; and Whereas, it is the intent of both the Landowner and the City to entcr into Agreements to satisfY the conditions of Annexation. Now, Therefore, in consideration ofthe mutual covenants and conditions contained herein, it is hereby agreed as follows: I. Property Description This Agreement pertains to and includes that property described as follows: A tract ofland being shown as C.O.S. 331, NI/2, SE1/4, Section 3, '1'1 S, R5E, PMM, Gallatin County, Montana, said tract being 20,33 acres along with and subject to any existing easements, 2, No Liability for City Approval The Landowner acknowledges and agrees that the City is not, and shall not be, in any way liable for any damages or injuries that may be sustained as the result ofthe City's Annexation of said property, and shall not in any way be decmed to insure the Landowner, or any of it heirs, successors, assigns, tenants, or licenses, or any third party, against damage or injury of any kind at any time. 3, Indemnification The Landowner agrees to, and does hereby, hold harmless and indemnifY the City, and all of its elected and appointed officials, officers, employees, agents, representatives, engineers, and attorneys, including the Bozeman Fire Department, from any liability, claims and/or damages , . Page 2 1111111111111111111111 ~~;~~~J.~, Shelley Vanoe-Gallatln Co MT MISC 90.00 arising from delayed emergency service response and inadequate water supply as a result of Annexation prior to full availability of City services. 4, 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 concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, Statue of Montana, 5, Modifications or Alterations No modifications or amendments of this Agreement shall be valid, unless agreed to in writing by the parties hereto. 6, Invalid Provisions 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 provisions were omitted, 7. No Assignment It is expressly agreed that the Landowner shall not assign it obligations under this Agreement in whole, or in part, without prior written consent of the City. 8, No Waiver No waiver of any provision of this Agreement will be deemed to constitute a waiver orany other provision nor will the waiver of any default under this Agreement be deemed a waiver of any subsequent default or defaults of the same type, The City's failure to exercise any right under this Agreement will not constitute the approval of any wrongful act by the Landowner or the acceptance of any improvement. 9. Successors Except as provided in Paragraph 7, this Agreement shall be binding upon, enure to the benefit of, and be enforceable by the parties hereto and their respective heirs, successors and assIgns. 10. Attorney's Fees In the event it becomes necessary for either party to this Agreement to retain an attorney , , Page 3 1111111111111111111111 ~~;~~~J~~, S~elley Vanoe-Gallatin Co MT MISC 90.00 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 City Attorney. F AE B. ROLFE, REVOCABLE TRUST AND WILLIAM A. ROLFE, REVOCABLE TRUST /"';' ;-, ~ -;/L C z) t'< /{:;C{p... l By: Fae B. Rolfe, Trustee ' STATE OF MONTANA) :ss COlUlty of Gallatin ) On this ~~f ~z:::,-'" 2001, before me, a Notary Public for the State of Montana, personally appeare Fae B. Rolfe, known to me to be the person whose name is subscribed to the above instrument and acknowledged to me that she executed the same. TN WITNESS WHEREOF, I have hereunto set my hand and set my Notarial Seal the day and year first written above, Notary Public' Residing: Commission Exp' \ .. " " ~'" .. -r'~ EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS ROLFE ANNEXATION, 2501 NORTH 19TH AVENUE The undersigned owner of the real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: Tract of Land being shown as C.O.S, 331, N Y2, SE 1/4, Section 3, TIS, 5RE, PMM, Gallatin County, Montana, or more commonly known as 2501 North 19th Avenue, IN CONSIDERATION of receiving approval for a major site plan and certificate of appropriateness for 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 which will be caused by the development of the above-described property, 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: a) street improvements including paving, curb/gutter, sidewalk, and storm drainage facilities for Rawhide Ridge; b) signalization and intersection improvements for the intersection of Deadman's Gulch and North 19th Avenue; or to make any written protest against the size or area or creation of the district to 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 Special Improvement Districts are not utilized for the completion ofthese projects, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. 11111111111111111111 II Shelley Vanoe-Gallatin Co MT MISC 90.00 2050513 Pue: 12 of 16 10/16/2001 09:40A ,. .J< " i''''"' ~r. 1111111111111111111111 Shelley Vanoe-Gallatin Co MT MISC 90,00 2050513 Page: 13 of 16 1011612001 09:40A This waiver shall be a covenant running with the land and shall not expire, The terms, covenants and provisions oUhe Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto, DATED this;;>'~' day of \_,__ (/-l ( , , , 2000. LANDOWNRR(S) /1 -j ,-- .. /' ( /~ c ( (, /' I"" .,,) I , ,/ \, /, ( ( /, C,,_-' - (, I ,~.':. t ) County of ,k.~YL.--- On this (:::::../? day of whose identity I verified on the basis of ersonally a.p~'l)C)d~,y~: subscribe the foregoing document before me, a N tary Public for the State of \L/...I!!d:~~lN:1ltL ' IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year firstab written. ./ i (Seal) ~ " . .A n 0, EXHIBIT C WAIVER OF RIGHT TO PROTEST CREATION OF PARK MAINTENANCE DISTRICT ROLFE ANNEXATION, 2501 NORTH 19TH AVENUE The undersigned owner ofthe real property situated in the City of Bozeman, County of Gallatin, State of Montana, and more particularly described as follows: Tract of Land being shown as C.O.S. 331, N %, SE 1/4, Section 3, TIS, 5RE, PMM, Gallatin County, Montana, or more commonly known as 2501 North 19th Avenue, IN CONSIDERATION of receiving approval for a major site plan and certificate of appropriateness for 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 which will be caused by the development of the above-described property, has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of a city-wide park maintenance district which will 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 ofthe district to 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 Special Improvement Districts are not utilized for the completion of these pro.jects, we agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof This waiver shall be a covenant running with the land and shall not expire. 1111111111111111111111 ~?';j?f 1~~, Shelley Vanoe-Gallatln Co MT MISC 90.00 .. ,. " .',4 _, The terms, covenants and provisions ofthe Waiver shall extend to, be binding upon the successors-in-interest and assigns of the parties hereto. ;(. ) DATED this dJ. day of 0"..--.;'.// I ' , 2000. 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