HomeMy WebLinkAbout21 - Amd. 1 - Declaration of Institutional Controls for the Bridger Vale Annexation Inter-office Original to:
City of Bozeman PLATTED
City Clerk
8
PO Box 1230
Bozeman MT 549771-1230 2736289
Page: 1 of 4 06/02/2021 12:39:14 PM Fee: $28.00
Eric Semerad - Gallatin County MT MISC
111111111111111111111111111111� IIN111111111 IIIIIII1111111III11111111111111IN
FIRST AMENDMENT TO
DECLARATION OF
INSTITUTIONAL CONTROLS FOR THE
BRIDGER VALE ANNEXATION
THIS FIRST AMENDMENT TO THE DECLARATION OF INSTITUTIONAL
CONTROLS FOR THE BRIDGER VALE ANNEXATION(hereinafter"Amendment'or
"Agreement") is effective on the date of the last signature to this Agreement and is entered into
by and between by Bridger Vale LLC, P.O. Box 930, Manhattan MT 59741-0930,hereinafter
called"Bridger Vale", and the City of Bozeman(the"City"), a self-governing municipal
corporation organized and existing under its Charter and the laws of the State of Montana, with
principal offices at 121 N. Rouse Ave., PO Box 1230,Bozeman,MT 59771-1230,hereinafter
called the"City", (Bridger Vale and City are referred to collectively as the Parties).
RECITALS:
A. WHEREAS, Bridger Vale and the City entered into Declaration of Institutional Controls
for the Bridger Vale Annexation on December 17, 2018 ("Declaration").
B. WHEREAS,the Declaration at Section 2.b provides that a Sampling and Analysis Plan
(the"Plan") must be approved by the City prior to final approval of any development on
the Property, and for Bridger Vale to amend the Declaration and the Plan prior to final
approval of any development on the Property to specify the type of sub-slab vapor
mitigation systems to be installed and the specific sampling and analysis requirements of
the Plan.
C. WHEREAS,the City has approved the Vapor Intrusion Sampling and Analysis Plan for
the Bridger Vale Subdivision,Bozeman, Montana dated March 16, 2021,prepared by
Tetra Tech,which provides for the installation of sub-slab vapor mitigation systems to be
installed, design of monitoring systems, and the specific sampling and analysis
requirements of the Plan.
D. WHEREAS,paragraph 7 of the Declaration permits the parties to amend the Declaration
by a writing signed by the Parties.
E. WHEREAS,the Parties wish to amend the Declaration to attach the approved Plan.
First Amendment to Agreement to Declaration Page 1 of 4
of Institutional Controls for the Bridger Vale Annexation
AGREEMENT:
NOW THEREFORE, the Parties agree as follows:
1. The first paragraph of Section 2.b of the Declaration is hereby deleted in its entirety and
replaced with the following:
b. Bridger Vale hereby declares, for itself, its successors and assigns, to monitor the
performance of sub-slab mitigation systems required pursuant to Section 2.e of this Declaration
and take all steps necessary to ensure such system perform as designed until otherwise agreed by
the City. Bridger Vale also declares and agrees it has prepared a Sampling and Analysis Plan for
the sub-slab vapor mitigation systems detailing at a minimum sampling objectives and design,
sampling location and frequency, sampling methods and handling procedures, analytical
laboratory testing methods, quality control requirements, and data storage. The Vapor Intrusion
Sampling and Analysis Plan for the Bridger Vale Subdivision, Bozeman, Montana dated March
16,2021,prepared by Tetra Tech(the "Plan") was approved by the City on
prior to final approval of any development on the Property. The Plan provides for the
installation of sub-slab vapor mitigation systems following MDEQ vapor intrusion guidance
(MDEQ,2011),design of monitoring systems,and the specific sampling and analysis requirements
of the Plan, among other considerations. The Declaration of Covenants, Conditions, and
Restrictions for the Bridger Vale Subdivision further requires that structures within Bridger Vale
must be built slab-on-grade with a sub-slab vapor mitigation system("Vapor Mitigation System")
designed and certified by a professional engineer to meet industry best practices for mitigating
vapor intrusion, that a professional engineer shall oversee construction of the Vapor Mitigation
System, which may be passive or active, and provides further requirements for the Vapor
Mitigation Systems including the sampling and analysis plan, monitoring, data sharing, and City
access, among other requirements.
Except for the amendments to the Declaration, as set forth above, each and every one and
all the terms and conditions of the Declaration remain in full force and effect, unchanged and
unaltered by this Agreement, except where inconsistent with or in conflict with the terms hereof
in which case this Agreement shall control.
IN WITNESS WHEREOF,the parties have executed this agreement as of the last signature
date written below.
**End of Agreement except for Signatures**
First Amendment to Agreement to Declaration Page 2 of 4
of Institutional Controls for the Bridger Vale Annexation
d
B XI
Z
R VALE LLC Date
y: Andrew Ebbighausen
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this Z� day of �'ICC 1 1 , 2021, before me, the undersigned, a
Notary Public for the State of Montana, personally appeared Andrew Ebbighausen known to me
to be the Bridger Vale LLC, and acknowledged to me that he executed the
same for and on behalf of Bridger Vale LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
(SEAL)
c �
P bh
SHEIlr4 TINJUM .SA
,`g\`�\ �G ;, Notary Public
t\o'TARi44'• ;for the State of Montana (Printed Name Here)
* Restiding at: Notary Public for the State of
%,;•SEAL.•Q- Bozeman, Montana
•�?\`` My Commission Expires: Residing at
of M°„ August 03, 2023 My Commission Expires:
(Use 4 digits for expiration:year)
First Amendment to Agreement to Declaration Page 3 of 4
of Institutional Controls for the Bridger Vale Annexation
CITY OF BOZEMAN
By:
C' ager ���� DOS Date
ATTEST: � �=
` � • Z
City Clerk l�' co. rn�
APPRO D S TO FORM:
City 4t orney
STATE OF MONTANA )
)ss.
County of Gallatinb& )
On this V`0 day of I v l ,2021,before me,a Notary Public for the
State of Montana,personally appeared JEFY MIHELICH,MIKE MAAS,and GREG SULLIVAN
known to me to be the City Manager, City Clerk, and City Attorney respectively, of the City of
Bozeman and the persons whose names are subscribed to the within instrument,and acknowledged
to me that they executed the same for and on behalf of the City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year first above written.
, I THER BIENVENUE
• •. �c-� Notary Public
�oTna/q4-Vim=for the State of Montana 4otary Public for the State of Montana
- Residing at:
SEAI..�Qs Bozeman, Montana
;9oFM� My commission Expires:
January 26,2022
First Amendment to Agreement to Declaration Page 4 of 4
of Institutional Controls for the Bridger Vale Annexation