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HomeMy WebLinkAbout93- Daines Development Fast Track Agreement . \ , I, . .- , . ; i DEVELOPMENT FAST TRACK AGREEMENT THIS AGREEMENT, made and entered into this 26th day of J l!1.L__..___ , 1993, by and between THE CITY OF BOZEMAN, a municipal corporation of the State of Montana with offices at 411 East Main Street, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and Clair Daines, 45 West Kagy Boulevard, Bozeman, Montana 59715, hereinafter referred to as "Landowner." WHEREAS. the Landowner owns, in fee simple, certain real property designated and identified as all lots within Westfield Subdivision. Phase III, Bozeman, Gallatin County, Montana; and WHEREAS, the Final Plat of Westfield Subdivision, Phase III has been filed with the Gallatin County Clerk and Recorder; and WHEREAS, Section 18.50.110.A PUBLIC STREET FRONTAGE REQUIRED requires that the lots within the aforementioned real property front upon improved public streets before any development of the lots within the aforementioned real property is permitted by the City; and WHEREAS, the City has created Special Improvement District #657 in order to allow the City to provide improved public streets to the aforementioned real property; and WHEREAS, the construction of the improved public streets has not commenced due to unforeseen delays in the installation of underground utilities; and WHEREAS. Building Permits for any lot within the aforementioned real property may not be issued until the improved public street has been completed, inspected and accepted by the City; and WHEREAS, the City has adopted Ordinance #1366 which establishes emergency provisions for the Bozeman Zoning Ordinance to allow the concurrent installation of infrastructure improvements and the construction of specific projects under specific circumstances; and WHEREAS, the Landowner agrees and understands that the purpose of this agreement is to allow the concurrent construction of improved public streets designated by and through Special Improvement District #657 and private construction on lots within Westfield Subdivision, Phase III, in accordance with the provisions of Ordinance #1366. 1 . f f / . " PAGE 2 OF 6 : DEVELOPMENT FAST TRACK AGREEMENT DAINES 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 . Improved Public Streets. The City will attempt, to the best of its ability, to provide improved public streets to the aforementioned real property by and through Special Improvement District #657. The City does not guarantee any specific completion date for the improved public streets to be constructed by and through Special Improvement District #657. 3. Improved Public Street Defined. The term "improved public street" as is used in this Agreement shall be the roadways which are supplied and maintained by the City in accordance with Section 18.50.110.B of the Bozeman Zoning Ordinance, and more specifically identified in Commission Resolution #2905 and the construction documents for Special Improvement District #657, as well as any other terms and conditions which apply to the City's provision of this service. The term "improved public street" does not contemplate in any way drive approaches used to serve individual lots within the aforementioned real property or sidewalks along Lexington Drive or Fieldstone Drive West. 4. Guarantee of Improvements. The Landowner shall provide a financial guarantee in the amount of $10,000.00, with said guarantee in the name of the Ci ty of Bozeman, to secure the provision of any necessary fire protection on a interim or permanent basis, clean up of any debris on, or repair of the improved public streets attributable to the Landowner either before, during or after construction of said streets, or any appurtenant public facility. 5. Issuance of Buildinll Permits and Construction on Individual Lots Within the Aforementioned Real Property. Building Permits may be issued incrementally dependent upon the status of the construction of the improved public streets. All Building Permit applications for construction within the aforementioned real property shall include plot plans which state survey elevations of the top of the foundation and the planned street curb adjacent to the specific lot, with said elevations referencing an established benchmark. All construction activity within the aforementioned real property shall be subservient to the work ------------- , , PAGE 3 OF 6 : DEVELOPMENT FAST TRACK AGREEMENT DAINES contracted by the City for the construction of the improved public streets. The City may stop the Landowner's construction whenever the City deems that said construction interferes with the construction of the improved public streets. 6. Fire. Hazard and Liability Insurance. The Landowner shall provide and maintain liability insurance in the amount of $1,000,000.00. Occurrence limits shall not be less than $1,000,000.00. The Landowner shall also provide and maintain fire and hazard insurance on each structure for which a Building Permit is issued in the amount equal to the estimated value of the completed structure. Said liability and fire and hazard insurance shall name the City as an additional insured or co-insured and such issuance shall not be cancelled without at least thirty (30) days prior notice to the City. The City reserves the right to order cessation of all construction activity on the aforementioned real property if fire, hazard and liability insurance as specified herein is not maintained. The Landowner shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof. Proof of fire hazard and liability insurance is attached hereto as Exhibit A. 7. Occupancy of Structures or Commencement of Use Constructed. No occupancy of any structure(s) or commencement of any use, constructed or proposed, on the aforementioned real property will be allowed until the improved public streets have been completely constructed, inspected, and accepted by the City of Bozeman, and a Certificate of Occupancy has been issued by the City of Bozeman. 8. Use of Public Ril'!:hts-of-Way Within the Aforementioned Real Property. The Landowner shall be prohibited from traversing or otherwise using the public street rights-of-way within Westfield Subdivision, Phase III, except as specifically authorized by the City Engineer, until the improved public streets have been accepted by the City. 9. Maintenance of Public Ril'thts-of-Way and Improved Public Streets. The Landowner shall immediately remove any debris, including but not limited to soil, vegetation, gravel and construction wastes, on the public rights-of-way or improved public streets attributable to any activity of the Landowner. If the City recognizes any debris attributable to the Landowner's activities, it shall order the Landowner to remove such debris within three ( 3 ) days. If the debris is not removed by the fourth day after such order, the City shall . I . PAGE 4 OF 6 : DEVELOPMENT FAST TRACK AGREEMENT DAINES remove the debris and the Landowner shall reimburse the City for any costs associated with such removal. 10. Provision of Interim Access. The Landowner shall provide and maintain a graveled, temporary access dr i ve ( s ) , which are not located within the public streets rights-of-way, for access to any site to be constructed upon, until the acceptance by the City of the public streets improved under SID #657. The temporary access drive(s) shall be constructed and approved by the City Engineer prior to the issuance of a Building Permit for any affected lot. Prior to the installation of the temporary access drive(s), the Landowner shall provide a plan of the location and design of the temporary access drive(s) to the City, which shall be subject to review and approval by the City Engineer and City Fire Marshall. 11. Indemnification and Hold Harmless. The Landowner shall indemnify and hold harmless the City, its officers, employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgements, suits, demands, costs, expenses (including attorneys fees) , and damages of any character whatsoever, resulting from or arising out of the issuance of a Building Permit under this Agreement, the administration of this Agreement, or any result thereof. 12. ExtraordinarY Costs Accrued to the City. The Landowner shall pay for any extraordinary costs attributed to the administration of the provisions in this Agreement that the City may identify, including, but not limi ted to, additional staff hours to oversee the construction on the Landowner's real property and the construction of improved public streets, inspection of any improved public streets, removal of debris on the improved public streets, any extraordinary administrative costs, and any attorneys fees incurred to enforce this document. All extraordinary costs shall be paid to the City prior to the issuance of a Certificate of Occupancy. 13. Extraordinary Costs Accrued to the SID Contractor. The Landowner shall pay for any extraordinary costs, attributed to any activity by the Landowner, claimed by the General Contractor performing any work designated by and through Special Improvement District #657, that the City may identify including, but not limited to, additional labor and materials costs, cutting and patching or repair of any damage to the General Contractor's work, removal of debris on the improved public streets, any extraordinary administrative costs, and any attorneys fees. All extraordinary costs shall be paid to the City prior to the issuance of a Certificate of . I . , PAGE 5 OF 6: DEVELOPMENT FAST TRACK AGREEMENT DAINES Occupancy. 14. Approval by the City Commission. This agreement, and all parts herein, shall be formally approved by the Bozeman City Commission prior to becoming effective. 15. Governinl'!: Law. This Agreement shall be construed according to the laws of the State of Montana. 16. Severability. 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. 17. Modifications or Alterations. No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 18. No Assh'tnment. It is expressly agreed that the Landowner shall not assign this Agreement in whole or in part without prior written consent of the City. 19. 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. 20. Termination of A~reement. This Agreement shall terminate when the improved public streets constructed by and through Special Improvement District #657 have been accepted by the City and all outstanding obligations of this agreement have been fulfilled, or when otherwise agreed in writing by the parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written above. CITY OF BOZEMAN /~I 2. ~ Attestr2k ;;! JD~ Robin Sullivan, Clerk of City Commission . . . .. . . , . PAGE 6 OF 6 DEVELOPMENT FAST TRACK AGREEMENT DAINES LAN BY: Clair Daines, Landowner STATE OF MONTANA ) :ss County of Gallatin ) On this 0<0 -;h day of V7A I ~' 19 q 3 . before me. a Notary Public for the State of Mont~ a, personally appeared Clair Danes, known to me to be the person who executed the foregoing Agreement, and acknowledged to me that he executed this Agreement on behalf of the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my No]arial Seal t~e ~and year first above written. (~/Lo--e !J LJ/{r- Not~r~ PUbliC~fO: State of Montana ResJ.dJ.ng at: 0 Z/? f'V/C{ n ~ M. T Commission Ei.pires: '?'- ,- 0'" /77'-3 (SEALl ~ TRUCK INSURANCE EXCHANGE ~ , . . INTE~IM CERTIFICATE AS TO EVIDENCE OF INSURANCE ..... .. THIS IS NOT AN IN"SURA'NC~ POLICY. THIS IS ONLY A VERIFICATION OF INSURANCE. IT DOES NOT IN ANY WAY AMEND. f.x.TEND OR ALTER THE COVERAGE PROVIDED BY THE POLICIES LISTED BELOW. Named . Insured. Clair teineS. Inc.. Address. 67 If.. Kagy . Bozeman, MT 59715 Policy II " CARGO This is to certify that policies for the above named insured are in force as follows: Policy II . Work Compo This Interim Certificate As To Evidence of Insurance shall expire sixty days from 12101 AM., . .... lb!'iU!itt' 7" ..... ..' ..... .' .'. "', 19..9J.., unless cancelled prior to such date bywritten n6ticeto the named Insured. IXI <IIIf Please issue a Permanent Certificate COVERAGE COMBINED LIMITS OF LIABILITY NOT AUTO COVERED COVERED LIABILITY Iil 0 Owned Bodily Injury $ ,000 each person Iil 0 Hired $ ,000 each occurrence Iil 0 NE on-IOwn~dN 0 h' Property Damage $ ,000 eoch occurrence IXI 0 mp oyer s on- wners Ip Contingent liability Single limit liability for Coverages checked IX! aQove $ 1 000 ,000 each occurrence .. ., GENERAL LIABILITY $ M&C - OlT Bodily Injury ,000 eoch person.. {Owners & Contractors $ ,000 each occurrence I!J 0 Contractual. $ 000 annual aggregate I products... Elevators Property Damage $ ,000 each occurrence o 0 Products and / or $ 000 annual aggregate LXJ Completed Operations ' products * * * Single Limit Liability for Coverages checked IX! obove $ 000 h 1 000 . eac occurrence $ w 0 annual aggregate ,00 products * * * o CXI CARGO $ ,000 each vehicle $ ,000 eoch occurrence O WORKERS' COMPENSATION Statutory .Inc udes Goods or Products Warranty, Written lease of Premises, Easement Agreement, Municipal Ordinance Agreement, Sidetrack Agreement, Elevator or Escalator Maintenance Agreement only, unless accompanied by specific endorsement providing additional Contractual Coverage. O Described i De~cripriofl below w(,,)lv~d OWNED YEAR, M E, TYPE OF BODY, LOAD CAPACITY IDENTIFICATION NUMBER AUTO- MOBilES, LAST 3 IF DIGITS COVERED SHOWN Umbrella Liability $ ,000 retained limit POLICY NUMBER $ each occurrence $ aggregate If this Interim Certificate As To Evidence Of Insurance is to be cancelled prior to the expiration date, we sholl provide 30 days advance notice in writing to whom this certificate is issued. Certificate issued to; Name Lease/loon And . Additional Insured Number Add~. .City of _ ~ . 411 Fast Main . . Bozemanw MI' 59715 ..' Countersigned , . re n~tive .. Not Applicable '" Texas. . .... ... In Texas the aggregate also applies to ownerS and contractors protective, contractual andlor completed operations. 56"05141-92W/200C/1200PRINTEOINUS.A. INSURED'S COpy L-9212001 CERTIFICA TEAS "TO EVIDENCE OF INSURANCE ~ (PRIMARY ) . , ~ . INSUAANCE T~e Exchange or Company shown on the reverse side as number '., , 2 D (IN~~~:~CE) Excess over Primary with Company shown on reverse side as number . ~.- - THIS is NOT AN INSURANCE POLICY. THiS IS ONLY t, VERIFICATION OF INSURANCE, IT DOfS NOT IN ANY VV/W AMEND, EXHND on . ALTER THE COVERAGE PROVIDED BY THE POLICIES LISTED BELOW. . Named CLAIR W DAINES INC & CLAIR W Insured DAINES AS THEIR INT MAY APPEAR Excess Polic or Certificate Number Address ' 67 W KAGY BLVD 70 11 350 6580 20 17 BOZEMAN MT 59715 Agent Policy Number We certify that policies for the above Named Insured are in force as follows: Effective from: 7/14/93 to: at which time this certificate becomes D VOID or IXI continuous until cancelled. (Box "X'd" applies), COMMERCIAL GENERAL LIABILITY COVERAGE COMBINED PRIMARY & EXCESS LIMITS OF INSURANCE COVERED NOT COVERED GENERAL AGGREGATE LIMIT (Other ex o PREMISES/OPERATIONS Than Products-Completed Operations) $ 500,000 ex o PRODUCTS-COMPLETED PRODUCTS-COMPLETED OPERATIONS OPERATIONS AGGREGATE LIMIT $ 500,000 PERSONAL & ADVERTISING INJURY LIMIT $ 500, 000 BI-PD OCCURRENCE LIMIT $ 500,000 FIRE DAMAGE LIMIT $ 50,000 ANY ONE FIRE MEDICAL EXPENSE LIMIT $ 5,000 ANY ONE PERSON WORKERS' COMPENSATION EMPLOYER'S LIABILITY INSURANCE LIMITS COVERED NOT COVERED BODILY INJURY BY ACCIDENT $ each Accident 0 [Xl STATUTORY BODILY INJURY BY ACCIDENT $ each Employee BODIL Y INJURY BY ACCIDENT $ Polic Limit AUTO and/or GARAGE LIABILITY COVERAGE COMBINED LIMITS OF PRIMARY & EXCESS INSURANCE o DEALERS (Plan I) o NON-DEALERS (Plan II) . COVERED NOT COVERED Bodily Injury $ ,000 each person [Xl DOwned $ ,000 each Accident [Xl o Hired Property Damage $ ,000 each Accident IX] o Non-Owned Aggregate Limit $ ,000 (Garage Plan Only) 500 Single Limit Liability for Coverages checked [X] above. $ ,000 each Accident COVERED NOT COVERED $ ,000 each Vehicle D 1]1 Cargo $ ,000 each occurrence o Described 0 Description OWNED below waived AUTOS YEAR, MAKE, TYPE OF BODY, LOAD CAPACITY IDENTIFICATION NUMBER IF COVERED UMBRELLA LIABILITY Umbrella Liability $ ,000 retained limit POLICY NUMBER $ ,000 each occurrence $ ,000 aggregate Upon cancellation or termination of this policy or policies from any cause we will mail 15 ( FIFTEEN) days written notice to the other interest shown below. Notice of cancellation of the primary coverage automatically terminates excess coverage. . Certificate Issued To: Name CITY OF BOZEMAN and 411 EAST MAIN Date Address BOZEMAN MT 59715 By Authorized Rep sentati OHIO Only: Any person who, with intent to defraud or knowing that he is facilitating a fraud against an insurer, submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. This Certificate supersedes any previously issued certificate. ~ 56-5281 1ST EDITION 4-86 (Over) 8-92 1551 . i . . . DEVELOPMENT FAST TRA.~I\ AMENDED AGR:g:.!Lt1.~.NT THIS AGREEMENT, made and entered into this 16th day of December , 19 93 , by and bl';'l tween THE CITY OF BOZEMAN, a municipal corporation of the State of Mont.ana. w:i tll offices at 411 East Main Street, Bozeman, Hontana 59771-0640, hereinafter referred to as "City," and Clair Daines, .,15 West Kagy Boulevard, Bozeman, Montana 59715, hereinafter referred to as "Landowner." WHEREAS, the City and the Landowner entered into an agreement entitled "Development. Fast Track Agreement" on the 26th day of July, 1993 to allow the concurrent construction of Improved Public Streets and the construction of structures J.n Westfield Subdivision, Phase III, Bozeman, Gallatin County, Hontana pursuant to Ordinance #1366 of the City of Bozeman, a copy of this Development Fast Track Agreement is attached hereto as E:,dlibit "1\ IT . WHEREAS, the Development Fast Track Agreement prohibits occupancy of any structure or commencement of any use until the Improved Public Streets have been completed, inspected and acceFlted by the Cit.y. WHEREAS, construction of the Improved Pul::d ic Streets In Westfield Subdivision, Phase III has been initiated, but has not lleen compl eted , inspected and accepted by the Cjty as anticipated. WHEREAS, the Landowner has requested mocUflcations to the Development Fast Track Agreement to all 0\>1 oce: upancy of the structures or commencement of uses permitted by and through said agreement because the Improved Public Streets have not been complet.ed, inspected and accepted by the City as anticipated. WHEREAS, the Landowner agrees and understands that the purpose of this Agreement is to amend the Development Fast Tl'ack Agrecment to allow occupancy of the structures and commencement. of the uses constructed hy and t.hrough said agreement, and allowjng 1 i mited use of the partially completed Improved Public Streets, wh i I (~ imposing additional responsibilities and obligat.ions on t.he Landowner. WHEHE/'\S, the parties desire to enter into [t n('~w agreement modifying and supplementing t.he provisjons of the original agreement. WITNESSETH:_ IN CONSIDERATION of the mutual covenants and agreements herein --------------------------------- ------------------- . . . . PAGE 2 OF 4 : DEVELOPMENT FAST TRACK AMENDED AGREEMENT DAINES contained, the parties hereto agree as follows: The Development Fast Track Agreement dated the 26th day of July 1993, between the City and Landowner shall be modified and supplement,ed as follows: 4. Ql}_~.La n.:t..S': e of Improvements. The Landowner shall provide a financial guarantee in the aITlount of $20,000.00 (twenty thousand), with said guarantee In the name of t.he Cit.y of Bozeman, to secure the prOVlSJJ'Jn of any necessary fire prot.ect.ion on a interim or permanent. basis, clean up of any debris on, or rE:.'pa i r of T mpro\,-ed Public Streets attribut.able t.o t.he Landowner either before, during or after construction of said streets, or any appurtenant public facility. 7. Occupancv of St l' U cJ:,-.1!...!' e s_..Q.r~S_QJ!LIIJ~!!~~J!},~.D.:t, .Q.XJl.,?_~ , Qgn$.t .!.~1J<:'o,tg_Q . Occupancy of any structure or commencement of any use within the aforementioned real property shall be permitted subject. to the prOVlSlons of t.his Agreement. S. _Use of Public Rights-of-Way Within th e_---11.[gL.~I!).gn:1::isu}(?J:L__E_~ a 1 P:r'operty . AnJ use of the Impro\led Public Streets shall be prohibited until the City Engineer has determined that. frost has pe rmea ted the street grades to a sufficient depth. Use of the Improved Public Streets by large vehicles, including but not. limited to garbage trucks, const.ruction vehicles, moving and delivery vans, with the exception of emergency vehicles, shall first obtain written appt'oval of the Landowner and the City's concurrence. Local passenger vehicle t.raffic shall be aJlowpd without any special approval with the exception that vehicular traffic of any kind may be prohibited when the Contractor for Special Improvement District #657 mob:i Ii. Z(~ s to complete the Improved Public StT'pets, unless othe r'w i se authorized hy the Cit.y Engineer. Use of the Improved Public Stx'eets wbile t.he work designated by and through SID #657 lS being completed shall be de te rnliried solely by the City Engineer. The City Engineer, in his sole discretion, can close the Improved Public Street when he deems iL necessary. Garbage collection and sno"" removal services for triP Improved Public Streets shall be performed by the Lando\\'ner until the Improved Public Street.s have been complet.ed, inspected and acc(~pted by the Ci ty wi th the understanding that any damage caused to the Improved Public Slree'ts sha! ] be repaired at. Landowner's expense. The developer shall install a stree't sign at the intersection of Wagonwheel and Lexinglon Drive as per City standards and specificatLo!ls prior to occupancy of any structure or commencement of any use. . , . . , . , ' PAGE 3 OF ,\ : DEVELOPHENT FAST TRACK AMENDED AGREEMENT DAINES 10. provision of Interim Access. . The Landowner shall provide and maintain a graveled, temporary access drivel s), which are not located within the public streets rights-of-way, for non-passenger vehicle access to any site which 1.S subject t.u construction acti\'it;.;', occupancy, or use, until the acceptance b~ the City of the public streets improved under SIn #657. The temporary access drivels) shall be constructed and appro\'cd by the City Engineer pr10r to the issuance of a Building Permit for any affected lot. Prior to the installation of the tcm}Joral'Y :::lTCE'SS drivels), the Landowner shall pro\ide a plan of the location and design of the temporary access dr'jve(s) to the City, which shall be subject to rev J. ew and approval by the City Engineer and City Fire Marshall. 12. Extraordinary Costs Accrued to t h E':...J;:_i1..y . The Landowner shall pay for any e:;.t raord i nary costs attributed to the administration of the provisions .in this Agt'eement that the City may identify, including, but not 1 imi ted to, addi ti anal staff hours to oversee the cons truc t ion on the Landowner's real property and the construction of improved public streets, inspection of any improved public streets, removal of debris on the impI'oved publ ie streets, any ex traordinar~,T administrat.ive costs, ano an:-.' att.orne~Ts fees incurred to enforce this document. All extraordina,ry costs shedl be paid to the City within thirty ( :lO ) days of notification of such costs by the Cdy. 13. E :-;;"tI<::lQ.r:.Q...:i.!l..~;rLC 0 s t s Arising from Use of Part i <::lllo.Y_mQ-9-JII.QJ..~t,!=:Q. LI)}]2..!:.9ved_Eu bl ~J~Street. The Landowner shall pay for any and all costs, dama~es or liability (hereinafter referred to as "extraordinary costs") attributed to, or arising out of the use of the partially completed Improved Public Streets, or any activity of the Landowner, t,o include but not limited to claims made by t.he Contractor performing an~' h'ork designated by and through Special Improvement. District #(;57, or extraordinary costs that the City may identify including, but not limited to, additional labor and materials costs, cutting and patching or repa:i r of any damage to the Contractor's hark, removal of d e h t'i s on the improved pub!. i c streets, !Olny extraol'<::! i nary administ.rative costs, and any attorney's fees, to includ(~ Cit.y Attorney's costs. The Landowner shall pay all said extraordinary costs/damages as df'termined by the City Engineer, with the City Engineer's determination being final. All extraordinary costs shall be paid to thE:' City within thirty ( 30) days of notification of such costs by the City. 21. Acknowledgement by Individual Lot OWf1.S'L~ . All individual lot owners seeking occupancy of' a . . .. . . . . , . , . . , PAGE 4 OF 4 : DEVELOPMENT FAST TRACK AMENDED AGREEMENT DAINES structurels) or commencement of use in the aforementioned real property shall sign a separate document which informs said owners of the restrictions and obligations of this Agreement, and which acknowledges that they understand and agree to abide by the Agreement. Except as modified or supplemented herein, the original Fast Track Development Agreement shall remain in full force and effect and the parties shall be bound by all terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto ha.ve executed this amended Development Fast Track Agreement. CITY OF BOZEMAN )0 ~J~__ Robin Sullivan, Clerk of City Commission LA STATE OF Montana ) :ss Count;\' of ."...Ga.ll~ti_I}..___ ) On this 1!2't)1. day of [~_J:.\_LfY) b. (\ __, 19_q2:> , before me, a Notary Public for the State of men ttLtla. , personally appea.red Clair' Danes, known to me to be the person who executed the foregoing Agreement, and acknowledged to me that he executed this Agreement on behttl f of the same. IN WITNESS WHEREOF, I have hereunto set. my h.':lnd Ltnd :d'l'ixed my Notarial Seal the day and year first above written. ...._~-~, ",..' ,'~~._~~.,..~..~~.," ',",.."-.-"'. I;otDry Public for . te of \Y\T ~~~;I~;~To~t ~~~~~'qln (SEAL)