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HomeMy WebLinkAbout22- Annexation Agreement - Heritage Christian SchoolInter-officeOriainalto: CityofBozeman CityClerk PO Box 1230 Bozeman,MT 549771-1230 2793964 Ê*?°seda ea!!ÜM2823n¹t240r51 PM Fee 84 00 lillilill||Ililil!lllllill!!Illl|llillillit||IllilillitillEllll||lillllilI111 HERITAGE CHRISTIAN SCHOOL ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT,hereinafter"Agreement,"ismade and entered intothis /Ú day of N/V ,2022,by and between the CITY OF BOZEMAN, a self-governingmunicipal corporationorganized and existingunder itsCharter and the laws of the State of Montana with officesat 121 N.Rouse Avenue,Bozeman,Montana 59771-0640, hereinafterreferredto as "City",and PIECE INC.,4310 Durston Road,Bozeman MT 59718, hereinafterreferredto as "Landowner".The City and Landowner are collectivelyreferredto hereinafteras "theparties." W ITN ESS ET H: WHEREAS,Landowner is owner in fee of a tractof certainrealproperty,hereinafter referredto as the HERITAGE CHRISTIAN SCHOOL ANNEXATION situatedin Gallatin County,Montana,and more particularlydescribedas follows: An area of landcomprised describedas follows: Tract B,Certificateof Survey 1829. Heritage ChristianSchool Annexation Agreement,Application#22170 Page 1 WHEREAS,the Landowner petitionedthe City for annexation to the City of the HERITAGE CHRISTIAN SCHOOL ANNEXATION;and WHEREAS,the HERITAGE CHRISTIAN SCHOOL ANNEXATION isnot within the corporatelimitsof the City or other municipalityand may thereforebe annexed to the City in accordance with the provisionsof thisAgreement and Title7,Chapter 2,Part 46,Mont.Code Ann.;and WHEREAS,the partiesrecognize the annexation of the HERITAGE CHRISTIAN SCHOOL ANNEXATION pursuantto Section7-2-4601,et seq.,Mont.Code Ann.willallow the HERITAGE CHRISTIAN SCHOOL ANNEXATION to connect to and utilizeCity services, includingmunicipal water and sewer service,parks and recreation,fireand policeservices,and theCity'stransportationsystem;and WHEREAS,Section 7-2-4610,Mont.Code Ann.provides that a municipality and landowner can agree totheprovisionsof servicesto the area to be annexed;and WHEREAS,the parties recognize development on the HERITAGE CHRISTIAN SCHOOL ANNEXATION will impact area parks,recreation,transportation,police,and fire services,and thatfuture development may requireadditionalpublic infrastructure,including transportation,capacityformunicipal water and sewer services,parks,recreation,police,and fire services;and WHEREAS,the Landowner findsthisAgreement willprovide for the most satisfactory and dependable water supply and sewer supply or service,and provide transportation,parks, recreation,policeand fireservicefor development of the HERITAGE CHRISTIAN SCHOOL ANNEXATION;and HeritageChristianSchool Annexation Agreement,Application#22170 Page 2 WHEREAS,the partieshave determined thatitis in the best interestsof the City and Landowner,and infurtheranceof thepublic health,safetyand welfareof the community toenter intoand implement thisAgreement. IN CONSIDERATION of the mutual covenants and agreements herein contained,the partiesheretoagree as follows: L Recitals The above recitalsare trueand correctand arehereby incorporatedintothisAgreement. 2.Annexation The Landowner filed an applicationfor annexation of the HERITAGE CHRISTIAN SCHOOL ANNEXATION with the City on May 2,2022.By executionof thisAgreement,the City manifests itsintentto annex the HERITAGE CHRISTIAN SCHOOL ANNEXATION tract pursuant to the terms and conditionsof thisAgreement.Subject to the provisionsof Title7, Chapter 2,Part 46,Mont.Code Ann.the City shall,upon execution of thisAgreement,adopt a Resolutionof Annexation of theHERITAGE CHRISTIAN SCHOOL ANNEXATION.Further, upon the execution of this Agreement,the Landowner shalldo all things required by this Agreement and allthingsnecessaryand proper to aid and assisttheCity in carryingout the terms, conditions and provisions of thisAgreement and to effectthe annexation of the HERITAGE CHRISTIAN SCHOOL ANNEXATION. 3.ServicesProvided The City will,upon annexation,make availabletotheHERITAGE CHRISTIAN SCHOOL ANNEXATION existingCity servicesonly totheextentcurrentlyavailable,or as provided inthis Agreement. 4.Municipal Water Service Defined HeritageChristianSchool Annexation Agreement,Application#22170 Page 3 The term "municipalwater service"as used inthisagreement isthe servicesuppliedby the City in accordance with Chapter 40,Article2,Bozeman Municipal Code,as amended,as wellas any otherterms and conditionswhich apply tothe City'sprovisionof municipal water service,but does not includethe extension of linesor constructionof necessaryimprovements atany costto the City for delivery of water to and within the HERITAGE CHRISTIAN SCHOOL ANNEXATION.Nothing in this Agreement shallobligatethe City to pay for right-of-way acquisition,engineering,construction,and other costsfor the deliveryof water to or within the HERITAGE CHRISTIAN SCHOOL ANNEXATION including,but not limitedto,any impact fees,hook-up,connection,or development charges which have been or may be establishedby the City. 5.Municipal Sewer Service Defined The term "municipal sewer service"as used in thisAgreement isthe servicesuppliedby theCity inaccordance with Chapter 40,Article3,Bozeman Municipal Code,as amended,as well as any otherterms and conditionswhich apply to the City'sprovisionof thisservice,but does not includethe extensionof linesor constructionof necessary improvements at any costto the City forcollectionof sewage atand within the HERITAGE CHRISTIAN SCHOOL ANNEXATION. Nothing in thisAgreement shallobligatetheCity topay forright-of-wayacquisition,engineering, construction,and other costsfor the collectionof sewage servicesto or within the HERITAGE CHRISTIAN SCHOOL ANNEXATION including,but not limitedto,any impact fees,hookup, connection,or development charges which may be establishedby the City. 6.Water Rights The Landowner specificallyrecognizes and agrees the Landowner must provide water rightsor cash in-lieuof water rightsupon furtherdevelopment,connection to water service,or HeritageChristianSchool Annexation Agreement,Application#22170 Page 4 subdivisionof the property in accordance with Section 38.410.130,Bozeman Municipal Code. The City willcalculatetheamount of water rightsor cash-in-lieuthereofdue atthetime of further development,connection to water service,or subdivisionof the property based on the annual demand forvolume of water the development willrequiremultipliedby the most currentannual unitpriceineffecton thedatethewater rightsare transferredor payment in-lieuof water rightsis to be made to the City.As such,the Landowner acknowledges thatthe ratesforcash in-lieuof water rightsmay increaseover time as establishedby Resolution of the City Commission.The applicantmust perform a water rightssearch to determine ifany existfor thisproperty.The Landowner must transferany usefulwater rightsthe City requiresforthispropertyto the City of Bozeman priortodevelopment.Ifinsufficientwater rightsexist,theLandowner must pay cash in- lieuof water rights,inan amount determined by the Directorof Utilitiespriortodevelopment. 7.Sewer Connections The applicantmust properlyabandon the existingon-siteseptictank and leachfieldprior to connection to the City sanitarysewer system.The abandonment of the septicsystem and connection to the sanitarysewer system must be completed by August 15th,2023.Ifthe system failspriorto August 15th,2023,the applicantmust abandon the system and connect tothe City's sanitarysewer system.Water and sewer servicesmust be constructedin accordance with design and specificationsapproved by the City priorto the installationof the water and sewer lines. Landowner must contact the City Water and Sewer Division to obtain detailsof construction requirements.Landowner must notifytheCity Water and Sewer Superintendenta minimum of 48 hours prior to constructionof the servicesand disconnection of the well and septicsystem abandonment. Landowner furtherunderstands and agrees thatpriorto connection to the City water and HeritageChristianSchool Annexation Agreement,Application#22170 Page 5 sewer system,the existingon-sitesewage treatment system must be properly abandoned and certificationprovided to theCity Water and Sewer Division thatthe abandonment occurred.The Landowner must report the abandonment to the GallatinCity County Health Department.In additiontoabandonment oftheseptictank and leachfield,theapplicantmust demonstratethatthe sanitarysewer linefrom existingstructuresto the septictank has been completely disconnected from the existingsepticsystem priorto the Landowner connecting to the City sanitarysewer system. The City Water and Sewer Divisionmay perform an inspectionof thepropertyto confirm thatthe disconnection and septic system abandonment are properly completed.Landowner understandsand agreesthatifLandowner failsto properlyabandon theexistingsepticsystem the City may,upon tenday's writtennoticetotheLandowner,terminatewater and/or sewer services to the property.The cost of all disconnects and subsequent reconnects shallbe borne by Landowner. Service Meter (Wastewater Rates and Charges).The applicant will need to installa standardmunicipal meter on thedomestic water supply well inorder fortheCity to determine the amount of wastewater being discharged into the City'ssanitarysewer collectionsystem.The wastewater serviceconnection and meter willneed to be designed tosatisfyBMC standards.Prior to connecting to the City'ssanitarysewer system the meter and associatedcomponents must be formallyreviewed and approved by theCity. 8.Water connections The subjectproperty currentlyhas two (2)wells.Well number one isconsidered non- domestic and isused forirrigatingtheproperty.Well number two isan activepublicwater supply well thatsuppliesdomestic water to the school.Well number two isregisteredas a Public Water HeritageChristianSchool Annexation Agreement,Application#22170 Page 6 Supply with the Montana Department of Environmental Quality (Water System #MT0003518), which is maintained by Heritage ChristianSchool.The applicanthas requested to continue to utilizeboth wells in the same historicmanner and forgo connecting the subjectpropertyto the City'spotablewater system.The Cityallows thecontinued utilizationof theexistingwells subject to the terms of thisagreement. All maintenance,reporting,and regulatorycompliance associatedwith Water System #MT0003518 and irrigationwell isthe soleresponsibilityof Landowner.Should Landowner fail tomaintain Water System #MT0003518 infullcompliance with applicablestandards,should state or federalregulationschange,should additionaldevelopment notbe abletobe adequatelysupplied by Water System #MT0003518,or should the City determine,in itssole determination,the HERITAGE CHRISTIAN SCHOOL ANNEXATION must connect to municipal water the City's Directorof Utilitiesmay directconnection(s)to occur.The City may directconnection to occur within a defined periodof time of not lessthan 30 days.In considerationof theabilitytocontinue operation of Water System #MT0003518 and irrigationwell,Landowner has executed a hold harmless agreement includedwith thisagreement as ExhibitB. The existingirrigationwell may be retainedforirrigationonly,with no director indirect physicalconnectiontomunicipal waterpiping.Should theCity requireconnectiontothemunicipal water system fordomestic use,certificationthatthereisno physicalconnection between an on- sitewell and the domestic water linecoming from the City'swater supply to on-sitebuildings must be provided by Landowner.The CityWater and Sewer Divisionmay perform an inspection of thepropertyto confirm thatthe disconnectionof thewell isproperlycompleted.Landowner understandsand agreesthatifLandowner failsto properlydisconnectthe existingwell from the domestic water piping as required herein,the City may,upon ten day's writtennotice to the HeritageChristianSchool Annexation Agreement,Application#22170 Page 7 Landowner,terminatewater and/or sewer servicestotheproperty.The costof alldisconnectsand subsequent reconnectsshallbe borne by Landowner. 9.Comprehensive Water and Water Design Report Priorto futuredevelopment of the propertythe City may requirethe Landowner to have preparedby a ProfessionalEngineer,atLandowner's soleexpense,a comprehensive designreport evaluatingexistingcapacityof sewer and water utilitiesin the area.The reportmust include hydraulicevaluationsof each utilityfor both existingand post-development demands,and the reportfindingsmust demonstrate adequate capacityto serve the fulldevelopment of the land.If adequate infrastructurecapacityisnot availablefor the proposed development,the reportmust identifywater or wastewater system improvements necessary for the proposed development.If improvements to thiswater or wastewater system are necessary,the Landowner agrees priorto development of the HERITAGE CHRISTIAN SCHOOL ANNEXATION to complete,at Landowner's expense,thenecessarysystem improvements to servethe proposed development. 10.Future Development Limitations The Landowner shallbe responsiblefor installingallfacilitiesrequiredto provide full municipal servicesto the propertyin accordance with the City'sInfrastructureMaster Plans and all City regulations,policiesand guidelinesthat may be in effectat the time of any future development.Landowner understands and agrees Landowner has no right,eithergranted or implied,forittofurtherdevelop any of theHERITAGE CHRISTIAN SCHOOL ANNEXATION untilitisverifiedby the City thatthe necessary municipal services,includingbut not limitedto policeand fireprotection,parks and recreation,transportation,and sewer and water capacity,are availableto allortherelevantportionoftheHERITAGE CHRISTIAN SCHOOL ANNEXATION to serve the proposed development.Notice ishereby provided to the Landowner thatpriorto Heritage ChristianSchool Annexation Agreement,Application#22170 Page 8 additionaldevelopment of the property,the Landowner willbe solelyresponsibleforinstalling,at Landowner's sole expense,any facilitiesor infrastructurerequired to provide fullmunicipal servicestotheHERITAGE CHRISTIAN SCHOOL ANNEXATION inaccordance with theCity's infrastructureplans,adopted Growth Policies/Community Plans,and allother cityregulations, policiesand guidelinesthatmay be in effectatthetime of development. 11.Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the HERITAGE CHRISTIAN SCHOOL ANNEXATION fora system designed to remove solids,oils,grease,and other pollutantsfrom the runoff from public streetsand other impermeable surfacesmay be required to be provided to and approved by the City Engineer at the time of any future development.The plan must demonstrate thatadequate treatmentof runoff from publicstreets, otherimpermeable surfaces,and allfuturelotswillbe achieved by providingspotelevations,flow directionarrows,detentionand/or retentionbasin details(includingbasin sizingcalculationsand basin typicalsections),outletstructuredetails,and culvertcapacitycalculations.The plan must also locate and provide easements for adequate drainage ways within the HERITAGE CHRISTIAN SCHOOL ANNEXATION to transporttreatedrunoff to the stormwater receiving channel.The plan shall include sitegrading and elevation information,typicalstormwater detention/retentionbasinand dischargestructuredetails,basin sizingcalculations,and stormwater maintenance plan.Landowner recognizestheCity may requiresuch Stormwater Master Plan tobe implemented in totalor in part as a conditionof approval of development of the HERITAGE CHRISTIAN SCHOOL ANNEXATION. HeritageChristianSchool Annexation Agreement,Application#22170 Page 9 12.Waiver of Right-to-ProtestSpecial Districts A.Landowner shallexecute a Waiver of Right to Protestthe Creation of Special Districtsor SpecialImprovement Districts(SID)for infrastructureimprovements to streetsand transportationsystems includingdesign and engineering,paving and subsurfaceimprovements, curb and gutter,sidewalk and stormwater drainagefacilities,and fiberopticconduitforDurston Road and signalizationimprovements forthe followingintersections:a)Intersectionsof Durston Road and Ferguson Avenue and Durston Road and Cottonwood Road as setforthinExhibit "A". The Landowner agreessuch SID willprovide a mechanism forthe fairand equitableassessment of constructionand maintenance costsforsuch improvements.The waiver isattachedhereto as Exhibit"A"and ishereby incorporatedintoand made a partof thisAgreement. B.Landowner agreesthatintheeventa specialdistrictor an SID isnotutilizedforthe completion of these improvements as described in subsectionA above,the Landowner shall participatein an alternativefinancingmethod for the completion of the improvements on a fair share,proportionatebasisas determined by theCity on thebasisof the square footageof property, taxable valuationof the property,trafficcontributionfrom the development or a combination thereof. C.Landowner understandsand agrees thatthe City willchoose creationof a SID or specialdistrictor an alternativefinancingmethod forthecompletion of theimprovements and may use eitherfinancingoptionatany time. 13.Payback Districts The HERITAGE CHRISTIAN SCHOOL ANNEXATION iswithin multipleValley West infrastructurepayback districts.The Valley West payback districtsforsewer,water and streethave allexpired and no monies aredue. HeritageChristianSchool Annexation Agreement,Application#22170 Page 10 14.Public Streetand UtilityEasement The Landowner understands and agrees thatpublic streetand utilityeasements may be required fordeliveryof municipal serviceswith futuredevelopment and such easement shallbe provided attheLandowner's soleexpense. 15.Street Improvements The Landowner understands and agreesthatatthe time of futuredevelopment theportion of Durston Road and its related transportationinfrastructurefronting the HERITAGE CHRISTIAN SCHOOL ANNEXATION thisproperty must be improved to a City standard at Landowner's expense. 16.Impact Fees Landowner acknowledges thatannexation and development of theirproperty willimpact the City'sexistingstreet,water and sewer infrastructure,and theCity'sfireservice.As approved by theCity,the Landowner and itssuccessorsmust pay: A)Fire impact fees equal to the amount per Chpt.2,Art.6.Div.9 BMC,or as amended,attime of issuanceof a buildingpermit. B)Transportationimpact feesequal to the amount per Chpt.2,Art.6.Div.9 BMC, or as amended,attime of issuanceof a buildingpermit. C)Water impact feesas requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,at thetime of connection to citywater services. D)Sewer impact feesas requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,at thetime of connectionto citysewer services. Landowner understands thatupon annexation the City will assume primary emergency response duties for existing buildings which representsnew demand on the Fire system. Landowners understands and agreesthatin consequence of increaseddemand forservicethatthe Fireimpact feesfortheexistingtwo buildingswillbe assessedand charged atthetime of issuance of a buildingpermit fordevelopment or redevelopment of thesite. HeritageChristianSchool Annexation Agreement,Application#22170 Page 11 Landowner furtherunderstands and agrees thatany improvements,eitheron-siteor off- site,necessarytoprovide connection of the HERITAGE CHRISTIAN SCHOOL ANNEXATION municipal servicesand which arewholly attributableto the propertyas determined exclusivelyby theCity areconsidered"projectrelatedimprovements"as definedinChapter 2,Article6,Division 9,Bozeman Municipal Code,as amended,and as such,arenot eligibleforimpact feecredits. IfLandowner failsto pay requiredimpact feeswithin thirty(30)days afterwrittennotice by City tothe Landowner,theCity may,at itsoption: A)Declare the amounts owing for impact fees immediately due and payable and City shallhave the rightand privilegeto take legal actionagainst Landowners for the collectionof such sum,including the entry of any judgment.In addition,theCity may,atitsoption,enforcepayment of such amount by levyingan assessment on the property. B)Elect any other remedy availableto City under the laws of the Stateof Montana. 17.Assessments Landowner understandsand agreesthatafterthisAgreement isrecorded theHERITAGE CHRISTIAN SCHOOL ANNEXATION willbe subjectto City assessmentsforarterialand collectorstreets,streetmaintenance,and treemaintenance on the same basisas allother propertiesinthe City. 18.Additional Terms The partiesrecognizethesedocuments must be filedand ofrecordwith the GallatinCounty Clerk and Recorder priorto the saleof any land within the HERITAGE CHRISTIAN SCHOOL ANNEXATION.The partiesfurtheragree thatthe City may filethesedocuments atany time. HeritageChristianSchool Annexation Agreement,Application#22170 Page 12 19.Governing Law and Venue This agreement shallbe construedunder and governed by thelaws of theStateof Montana. In theevent of litigation,venue isin the Eighteenth JudicialDistrictCourt,in and for County of Gallatin,Stateof Montana. 20.Attorney's Fees In the event itbecomes necessaryforeitherpartyto thisAgreement to retainan attorney toenforce any of theterms or conditionsof thisAgreement or to give any noticerequiredherein, then the prevailingparty or the partygiving noticeshallbe entitledto reasonableattorney'sfees and costs,includingfees,salaryand costsof in-housecounsel includingtheCityAttorney'sOffice staff. 21.Waiver A waiver by eitherpartyof any defaultor breach by theotherpartyof any term or condition of thisAgreement does not limitthe otherparty'srightto enforce such term or conditionor to pursue any availablelegalor equitablerightsinthe eventof any subsequent defaultor breach.No covenant,term or agreement shallbe deemed waived by eitherpartyunlesswaived in writing. 22.Invalid Provision The invalidityor unenforceabilityof any provisionof thisagreement shallnot affectthe otherprovisionshereof,and thisAgreement shallbe construed inallrespectsas ifsuch invalidor unenforceableprovisionwere omitted. 23.Modifications or Alterations No modificationsor amendment of thisAgreement arevalidunlessevidenced by a writing signed by the partieshereto. 24.No Assignment HeritageChristianSchool Annexation Agreement,Application#22170 Page 13 Itisexpresslyagreed thatthe Landowner shallnot assignthisAgreement in whole or in partwithout priorwrittenconsent of the City. 25.Successors This Agreement shallbe binding upon,inureto the benefitof and be enforceableby the partiesheretoand theirrespectiveheirs,successorsand assignsand specificallyto any subsequent purchaser of the annexed property. 26.Covenants to Run with the Land The partiesintend that the terms of this Agreement shall benefit the HERITAGE CHRISTIAN SCHOOL ANNEXATION and shallbe covenants running with the land and shall not expireattheirdeathsor upon transferof ownership of theproperty. The undersigned affirmsthatthey have authorityto enterintothisAgreement and to bind Landowner tothisAgreement. Heritage ChristianSchool Annexation Agreement,Application#22170 Page 14 LANDOWNER PIÈCE,LC By:Jay Cummins Title:fppo®/SOM/M7%Ø7M S&ool Admins+rcdc STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of November ,2022,beforen ,the undersigned,a Notary PublicfortheStateof Montana personallyappeared Jay Cummins known to me tobe theperson xecuted the withi instrument,and acknowledged to me thatthey executed thesame as ...)forand on behalfof PIECE,LLC. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealthe day and year firstabove written. (SEAL) (PrintedNa HAlLEY Bl668 Notary Publ or the Stateof Mnn41 na#NotaryPubHcfortheStateofMontana Residing at sesidingat:My Commission Expires.pSEALBozeman,Montana (Use 4 digitsforexpirationyear).My CommissïonExpires:January24,2026 Heritage ChristianSchool Annexation Agreement,Application#22170 Page 15 CITY OF BOZEMAN By J f ihelch,City Manager ATTEST: City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of s ))(4/dC ,20 ,b ore me,a Notary Publicforthe stateof Montana,personallyappeared Jeff helichand Mike Maas,known tome tothe persons describedinand who executed the foregoinginstrumentas City Manager and City Clerk respectively, of theCity of Bozeman,whose names are subscribedtothewithin instrumentand acknowledged tome thatthey executed thesame forand on behalfof saidCity. IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy fficialsealtheday and year firstabove written. (PrintedName Here) .Notary Publicforthe Stateof Montana JULIE HUNTER Residing at 20 A o fortheStat o ontana My Commission Expires://ll'26 SEÃI *-Residingat:(Use 4 digitsforexpirationyear)Bozeman,Montana ,My CommissionExpires:June11,2025 HeritageChristianSchool Annexation Agreement,Application#22170 Page 16 EXHIBIT "A" WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS HERITAGE CHRISTIAN SCHOOL ANNEXATION The undersigned owner of therealpropertysituatedintheCounty of Gallatin,Stateof Montana, and more particularlydescribedas follows: Tract B,Certificateof Survey 1829. IN CONSIDERATION of receivingapproval for annexation of the subjectpropertyfrom the City of Bozeman,along with accompanying rights and privilegesand for other and valuable consideration,thereceiptof which ishereby acknowledged,and inrecognitionoftheimpacts to Durston Road and the intersectionsof Durston Road and Ferguson Avenue and Durston Road and Cottonwood Road which willbe caused by thedevelopment of theabove-describedproperty,theowner has waived and does hereby waive for itself,itssuccessorsand assignsforeverthe rightto protestthe creationof one or more specialdistrictsor specialimprovement districtsforthedesign and engineering, constructionand maintenance of following improvements:lighting,paving and subgrade material, fiber optic conduit,curb/gutter,sidewalk,storm drainage facilities,and intersection improvements for: a.Streetimprovements to Durston Road between 150 feeteastof the intersectionwith Ferguson Avenue and 150 feetwest of theintersectionwith Cottonwood Road, b.Intersectionimprovements atDurston Road and Ferguson Avenue toextend 150 feet down each leg of the intersection. c.Intersectionimprovements atDurston Road and Cottonwood Road to extend 150 feet down each leg of the intersection. HeritageChristianSchool Annexation Agreement,Application#22170 Page 17 Landowner agrees the City has the sole rightto control the design and constructionof such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructureplans and requirements.Further,the Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creationof the districtto be createdin response to a duly passed resolutionof intentionto createone or more special improvement districtswhich would includetheabove-describedproperty. In the event a specialdistrictor specialimprovement districtisnot utilizedforthecompletion of these improvements,the developer agrees to participatein an alternatefinancing method for the completion of the improvements on a fairshare,proportionatebasisas determined by the City on the basisof the square footageof property,taxablevaluationof the property,trafficcontributionfrom the development or a combination thereof.Landowner understands and agrees thatthe City willchoose creationof a SID or specialdistrictor an alternativefinancing method for the completion of the improvements and may use eitherfinancingoptionatany time. This waiver ismade forthebenefitof thepropertydescribedhereinshallbe a covenant running with the land. The terms,covenants and provisionsof thiswaiver shallextend to,and be binding upon the successors-in-interestand assignsof the Landowner. HeritageChristianSchool Annexation Agreement,Application#22170 Page 18 DATED this day of A ,2022. LANDOWNER PIECE,LLC By:Jay Cummins Title: STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of h0\fdfY\Ú ,2022,b foreme,the undersigned,a Notary Public for the Stateof Montana personallyappeared Jay Cummins known to me to be theperson that d t wit nstru ent,and acknowledged to me thatthey executed the same as ,_(33 lai ))YY\MYNS forand on behalfof PIECE,LLC. IN WITNESS WHEREOF,I have hereunto setmy hand and affixedmy officialsealtheday and year firstabove written. (SEAL) (PrintedName N t ryPub Notary Pt theStateof on .mA .o fortheStateofMontana Residing at PW n.n o soze Mo tana My Commission Expires in n My s Ex res:(Use 4 digitsforexpirationyear) HeritageChristianSchool Annexation Agreement,Application#22170 Page 19 EXHIBIT "B" HOLD HARMLESS AGREEMENT HERITAGE CHRISTIAN SCHOOL ANNEXATION This agreement ismade and enteredintothis day of NOVRd ,2022,by and between PIECE,LLC,4310 Durston Road,Bozeman MT 59718,hereinafterreferredto as "Landowner"and the City of Bozeman,a Municipal Corporation of the Stateof Montana operatingpursuant to itsCharter, hereinaftercalledthe "City." In considerationof the mutual promises,and other valuable consideration,the receiptand sufficiencyof which are hereby acknowledged,includingthe City approving continued use of Public Water System #MT0003518 afterannexation to theCity as requestedby theLandowner,the Landowner hereby agrees as follows: 1.Annexation Requested/Agreement Required.The Landowner submitted applicationsfor the Heritage ChristianSchool Annexation,Project22-170 and has requestedauthorizationfrom the City pursuant to Chapter 38,BMC,to continue to use Public Water System #MT0003518 to providedomestic waterservicesthepropertyasindicatedintheapplication(s).The Cityapproved application22-170 subject to certainlimitations,terms,and conditions,which include the Landowner enteringintothisAgreement.Landowner agreestocomply with allsuch conditions, terms,and limitationsas indicatedin the City Commission's Decision for Heritage Christian School Annexation dated August 16,2022 and known as application22-170 and the provisions of themunicipal code. 2.Release/Hold Harmless/Indemnification. a.Landowner agrees torelease,indemnify and hold harmless theCity,itsofficers,agents,and employees (the "indemnitees")from and against any suit,cause of action,claim,cost, expenses,obligation,and liabilityof any character,includingattorney'sfeesto includecosts and salaryof attorneysemployed by or retainedby the city,which arebrought or assertedfor any injury,death,or physicaldamage toproperty,costs,damages,and forany otherexpenses, costs,and fees relatedto lossof use of propertyor othereconomic lossesof any nature,as the above may be received or sustainedby any person,persons,property,business or any other entity,arisingout of or resultingfrom,or in connection with the City's decisions regardingthe approval of continued use of PublicWater System #MT0003518 fordomestic water supply. b.Such obligationsshall not be construed to negate,abridge,or reduce other rightsor obligationsof indemnity thatwould otherwiseexist.The indemnificationobligationsof this HeritageChristianSchool Annexation Agreement,Application#22170 Page 20 Agreement must not be construed tonegate,abridge,or reduce any common-law or statutory rightsof theindemnitee(s)which would otherwiseexistas to such indemnitee(s). c.Landowner's indemnity under thisAgreement shallbe without regard to and without any righttocontributionfrom any insurancemaintained by City. d.Should the City be requiredto bring an actionagainstthe Landowner to assertitsrightto defense or indemnificationunder this Agreement the City shallbe entitledto recover reasonablecostsand attorneyfees,includingcosts and salaryof attorneysemployed by or retainedby theCity incurredinassertingitsrighttoindemnificationor defense,but only ifa court of competent jurisdictiondetermines the Landowner was obligated to defend the claim(s)or was obligatedto indemnify the City fora claim(s)or any portion(s)thereof. e.Landowner alsowaives any and allclaimsand recourseagainsttheCity or itsofficers,agents or employees,includingthe rightof contributionfor loss or damage to person or property arisingfrom,growing out of,or in any way connected with or incidentto theperformance of thisAgreement and thelimitationsand requirementsof concurrentconstruction. f.These obligationsshallsurvive terminationof thisAgreement and the servicesperformed hereunder. 3.Remedies.In additionto any other remedy availableto the City at law or equity,Landowner agreesthattheCity may requireconnection toCity water infrastructurewithin30 days and may, forany of therealpropertythatisthesubjectof theAnnexation or thisAgreement,and without noticeissuean order stopping work on the ongoing constructionof any buildingor structure, deem the buildingan unsafe structure,or deny the issuanceof any buildingpermit or siteplan finalapproval,or any combination of the foregoingremedies. 4.Miscellaneous. a.Successors and Assigns.The terms,covenants and conditionsof thisAgreement shallrun with the land and be binding upon,and shallinure to the benefitof,the partiesheretoand theirrespectivesuccessorsand assigns. b.Governing Lam This Agreement is executed and deliveredand isto be performed in,and shallbe governed by and construedin accordance with,the laws of theStateof Montana. c.Entire Agreement.This Agreement contains the entire agreement between City and Landowner and supersedes any and allpriornegotiations,correspondence,understandings and agreements between the partiesrespecting the subject matter hereof,except the Annexation Agreement. ####END OF HOLD HARMLESS AGREEMENT EXCEPT FOR SIGNATURES #### HeritageChristianSchool Annexation Agreement,Application#22170 Page 21 LANDOWNER PIEdE,LLC By:Jay Cummins Title:f v/h #6 Sch\96m65½r STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this day of NDMÚ ,2022,b ~oreme,the undersigned,a Notary Public fortheStateof Montana personallyappeared Jay Cummin:known to me tobe theperson that the withininstrupent,and acknowledged to me thatthey executed the same as ..36 MdYF).1 AWYwrùn forand on behalfof PIECE,LLC. IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealtheday and year firstabove written. (SEAL) HAÈËY É GB (PrintedN '-,NotaryPubHc Notary Pub -theStateofoforthestateofMontana .SEAL Bozernan,Montana My Commission Expires 2.72>2..b u (Use 4 digitsforexpirationyear)Q HeritageChristianSchool Annexation Agreement,Application#22170 Page 22 CITY OF BOZEMAN B :Je Mihelich,City Manager ATTEST: City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) 2023 On thise day of \|Ad ,2M,before me,a Notary Public forthe stateof Montana,personallyappeared JeffMihelich and Mike Maas,known to me to thepersons describedin and who executed theforegoing instrumentas City Manager and City Clerk respectively, of the City of Bozeman,whose names are subscribedto the withininstrumentand acknowledged to me thatthey executed thesame for and on behalfof saidCity. IN WITNESS WHEREOF,Ihave hereunto setmy hand and affixedmy officialsealthe day and year firstabove written. (Prmted Name Here) Notary Publicforthe StateofMontana Residing atMOWAM /r My Commission Expires:(r u -7A 25 JULIE HUNTER (Use 4 digitsforexpirationyear)NotaryPublic OTA84 fortheStateofMontana Residingat:SEAL Bozeman,Montana CommissionExpires:June11,2025 HeritageChristianSchool Annexation Agreement,Application#22170 Page 23