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HomeMy WebLinkAbout12-05-23 City Commission Meeting Agenda and Packet MaterialsA. Call Special Meeting to Order - 4:30 PM - Commission Room, City Hall, 121 North Rouse B. Executive Session B.1 City Manager Annual Performance Evaluation (City Commission) C. Pledge of Allegiance and a Moment of Silence D. Changes to the Agenda E. Authorize Absence E.1 Authorize the Absence of Commissioner Douglas Fischer (Newby) THE CITY COMMISSION OF BOZEMAN, MONTANA REGULAR MEETING AGENDA Tuesday, December 5, 2023 How to Participate: If you are interested in commenting in writing on items on the agenda please send an email to agenda@bozeman.net or visit the Public Comment Page prior to 12:00 p.m. on the day of the meeting. Public comments will also be accepted in-person and through video conference during the appropriate agenda items but you may only comment once per item. As always, the meeting will be recorded and streamed through the Commission's video page and available in the City on cable channel 190. For more information please contact the City Clerks' Office at 406.582.2320. This meeting will be held both in-person and also using an online video conferencing system. You can join this meeting: Via Video Conference: Click the Register link, enter the required information, and click submit. Click Join Now to enter the meeting. Via Phone: This is for listening only if you cannot watch the stream, channel 190, or attend in- person United States Toll +1 669 900 9128 Access code: 933 7244 1920 The Mayor may close the meeting to the public pursuant to Sect. 2-3-203(3), MCA , during the time discussion relates to a matter of individual privacy if and only if the Mayor determines the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open. 1Cancelled F. FYI G. Commission Disclosures H. Consent H.1 Accounts Payable Claims Review and Approval (Waters) H.2 Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation from the Bozeman Public Library Foundation for Furniture and Equipment for Phase 2 of the Bozeman Public Library Renovation Project(Henderson) H.3 Resolution 5402, Adoption of Annexation and Provisional of Initial Zoning for the South 3rd Annexation, Annexing 1.17 acres and Adjacent Rights-of-Way, Application 21161( Rogers) H.4 Resolution 5426, Adoption of Annexation and Provisional Ordinance to Establish Initial Zoning for the 6590 Davis Lane Annexation, Annexing 8.55 acres and Adjacent Rights-of- Way, Application 21443( Rogers) H.5 Resolution 5561, Authorizing Prime Change Order 21 with Langlas and Associates for Construction of the Bozeman Public Safety Center(Winn) H.6 Ordinance 2114 Provisional Adoption to Establish an Initial Zoning Designation of R-3 (Residential Medium Density District) in Association with the Annexation of 1.17 Acres, the South 3rd Annexation, Application 21161( Rogers) H.7 Ordinance 2120 Provisional Adoption to Establish an Initial Zoning Designation of B-2M (Community Business-Mixed District) in Association with the Annexation of 8.55 Acres, the 6590 Davis Lane Annexation, Application 21443( Rogers) I. Public Comment J. Action Items J.1 Resolution 5545 Establishing Animal License Fees (Hodnett) K. Work Session K.1 FY25-29 Capital Improvement Plan (CIP) Presentation (Hodnett) L. FYI / Discussion This is the time to comment on any matter falling within the scope of the Bozeman City Commission. There will also be time in conjunction with each agenda item for public comment relating to that item but you may only speak once per topic. Please note, the City Commission cannot take action on any item which does not appear on the agenda. All persons addressing the City Commission shall speak in a civil and courteous manner and members of the audience shall be respectful of others. Please state your name and address in an audible tone of voice for the record and limit your comments to three minutes. Written comments can be located in the Public Comment Repository . 2Cancelled M. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, Mike Gray, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 190 and streamed live on our Meeting Videos Page. 3Cancelled Memorandum REPORT TO:City Commission FROM:Mayor Cyndy Andrus Deputy Mayor Terry Cunningham Commissioner Jennifer Madgic Commission Christopher Coburn SUBJECT:City Manager Annual Performance Evaluation MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:Discuss the City Manager Annual Performance Evaluation The Mayor may close the meeting to the public pursuant to Sect. 2-3-203(3), MCA, during the time discussion relates to a matter of individual privacy if and only if the Mayor determines the demands of individual privacy clearly exceed the merits of public disclosure. The right of individual privacy may be waived by the individual about whom the discussion pertains and, in that event, the meeting must be open. STRATEGIC PLAN:7.1 Values-Driven Culture: Promote a values-driven organizational culture that reinforces ethical behavior, exercises transparency and maintains the community’s trust. BACKGROUND:City Manager Mihelich's performance evaluation is contractually required to occur in December of each year. UNRESOLVED ISSUES:None ALTERNATIVES:Have the evaluation on a later date in December. FISCAL EFFECTS:None Report compiled on: November 27, 2023 4Cancelled Memorandum REPORT TO:City Commission FROM:Alex Newby, Deputy City Clerk Mike Maas, City Clerk Kira Peters, Assistant City Manager Jeff Mihelich, City Manager SUBJECT:Authorize the Absence of Commissioner Douglas Fischer MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Administration RECOMMENDATION:I move to authorize the absence of Commissioner Douglas Fischer. STRATEGIC PLAN:1.1 Outreach: Continue to strengthen and innovate in how we deliver information to the community and our partners. BACKGROUND:Commissioner Fischer informed City Manager Mihelich that he would not be in attendance. UNRESOLVED ISSUES:None ALTERNATIVES:None FISCAL EFFECTS:None Report compiled on: November 29, 2023 5Cancelled Memorandum REPORT TO:City Commission FROM:Nadine Waters, Accounts Payable Clerk Nicole Armstrong, Accounts Payable Clerk Rhonda Edwards, Accounts Payable Clerk Aaron Funk, City Controller Melissa Hodnett, Finance Director SUBJECT:Accounts Payable Claims Review and Approval MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:The City Commission is recommended to make a motion and approve payment of claims as presented. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND:Montana Code Annotated, Section 7-6-4301 requires claims to be presented to the City Commission within one year of the date the claims accrued. Claims presented to the City Commission under this item have been reviewed and validated by the Finance Department. The Department has ensured that all goods and services have been received along with necessary authorizations and supporting documentation. UNRESOLVED ISSUES:None ALTERNATIVES:The City Commission could decide not to approve these claims or a portion of the claims presented. This alternative is not recommended as it may result in unbudgeted late fees assessed against the City. FISCAL EFFECTS:The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at https://www.bozeman.net/departments/finance/purchasing. Report compiled on: November 28, 2023 6Cancelled Memorandum REPORT TO:City Commission FROM:Jon Henderson, Strategic Services Director SUBJECT:Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation from the Bozeman Public Library Foundation for Furniture and Equipment for Phase 2 of the Bozeman Public Library Renovation Project MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Agreement - Agency/Non-profit RECOMMENDATION:Authorize the City Manager to Sign a Letter of Agreement Accepting a Donation from the Bozeman Public Library Foundation for Furniture and Equipment for Phase 2 of the Bozeman Public Library Renovation Project STRATEGIC PLAN:5.1 Civic and Cultural Infrastructure: Expand Bozeman's civic and cultural "infrastructure" as the city grows. BACKGROUND:This Letter of Agreement confirms the understanding reached by all parties and sets forth the terms and conditions of a contribution by the Bozeman Public Library Foundation to the City of Bozeman for furniture and equipment for Phase 2 of the Bozeman Public Library Renovation project. Details of the project and the specific responsibilities of each party are outlined in the Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman signed and executed on August 17, 2021. UNRESOLVED ISSUES:None. ALTERNATIVES:As directed by the City Commission. FISCAL EFFECTS:Current project estimates total $5,677,534.00 to include all phases of pre- construction and construction services. To date, the Library Foundation has provided funding to the City totaling $4,710,671.83, and the City has committed $437,000.00 in support of the project through the Library Depreciation Fund. This Agreement accepts furniture and equipment assets totaling $174,486.11. Attachments: Bozeman Public Library Expansion Project - Furniture and Equipment Acceptance - Letter of Agreement - Phase 2.pdf Report compiled on: November 20, 2023 7Cancelled 8Cancelled Letter of Agreement December 5, 2023 RE: Furniture and Equipment Acceptance for the Bozeman Public Library Expansion— Letter of Agreement – Phase 2 This letter of agreement (the “Agreement”) confirms the understanding reached by the parties and sets forth the terms and conditions of a contribution by the Bozeman Public Library Foundation (“BPLF”) to the City of Bozeman (“City”) for the acceptance of furniture and equipment for the Bozeman Public Library Expansion. 1. Parties to the Agreement and Notices: a. For BPLF Contact: Janay Johnson, Director Address: 626 East Main; Bozeman MT 59715 b. For City of Bozeman Contact: Cyndy Andrus, Mayor Address: 121 N. Rouse Ave; Bozeman MT 59715 2. Background: Furniture and equipment for the Bozeman Public Library Expansion project was procured directly by the Bozeman Public Library Foundation. This Agreement acknowledges the transfer of these assets totaling $174,486.11 to the City of Bozeman, as further defined in Exhibit A. Details of the project and the specific responsibilities of each party are outlined in the Agreement between the Bozeman Public Library, the Bozeman Public Library Foundation, and the City of Bozeman signed and executed on August 17, 2021. 3. BPLF Responsibilities: a. Transfer of all physical assets and background materials related to the procurement of furniture. 4. City of Bozeman Responsibilities: a. Document and maintain all physical assets and background materials related to the procurement of furniture. 5. Acceptance: 9Cancelled By signing below, the undersigned represent that they are authorized to act on behalf of their respective parties and to bind their respective parties to the terms of this Agreement, and that the undersigned parties have read, understand and agree to the above. Bozeman Public Library Foundation: Signed: ____________________________ Janay Johnson, Director Date: ______________________________ City of Bozeman: Signed: _____________________________ Jeff Mihelich, City Manager Date: _______________________________ 10Cancelled Contracted Vendor Contract Date Contract Amount Paid to Date Amount Owed Fndn FFE Transfer to City Contract Design Associates 8/5/2022 97,130.59$ 97,130.59$ -$ 97,130.59$ 360 Office Solutions 9/22/2022 60,475.02$ 60,475.02$ -$ 60,475.02$ Office Solutions & Services 4/7/2023 35,305.76$ 38,860.76$ -$ 38,860.76$ Contract Design Associates 4/19/2023 111,045.83$ 109,364.93$ -$ 2,669.98$ 106,694.95$ Fndn - 1 side table, 1 table, 2 chairs Non-Contracted Vendor Purchase Date Amount Paid Webstaurant - receptacles 2/28/2023 2,574.92$ 2,574.92$ UPLIFT - desks, chairs, file cabs 4/7/2023 11,277.00$ 3,057.93$ 8,219.07$ Fndn - 2 desks, 2 chairs, 2 file cabs 360 Office Solutions - shelving 4/21/2023 1,118.18$ 1,118.18$ UPLIFT - privacy screens 5/19/2023 298.00$ 298.00$ Fndn - 2 privacy screens Rypen - fndn storage 5/31/2023 2,887.00$ 2,887.00$ Fndn - 2 storage cabinets Versare - room divider 8/24/2023 1,986.00$ 1,986.00$ Total Expenses 325,972.40$ 8,912.91$ 317,059.49$ 325,972.40$ Direct FFE in budget $289,261.53 Transfer of Assets Phase 1 3/28/2023 160,180.53$ Transfer of Assets Phase 2 174,486.11$ Vendor Purchase Date Amount Paid Transfer to City Bambu 3D Printer 6/17/2023 1,511.99$ 1,511.99$ GlowForge Laser Cutter 6/28/2023 6,640.00$ 6,640.00$ Nintendo Switch (Amazon)11/6/2023 1,427.16$ 1,427.16$ 10 MacBook Air (Apple)11/14/2023 8,028.00$ 8,028.00$ Total Expenses 17,607.15$ 17,607.15$ 17,607.15$ Direct Equip in budget $20,000.00 Total Paid 343,579.55$ Total to Transfer 334,666.64$ Renovation Direct FFE Purchases Renovation Direct Equipment Purchases 11Cancelled 12Cancelled 13Cancelled 14Cancelled 15Cancelled 16Cancelled 17Cancelled 18Cancelled 19Cancelled 20Cancelled 21Cancelled 22Cancelled 23Cancelled 24Cancelled 25Cancelled 26Cancelled 27Cancelled 28Cancelled 29Cancelled 30Cancelled 31Cancelled 32Cancelled Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Resolution 5402, Adoption of Annexation and Provisional of Initial Zoning for the South 3rd Annexation, Annexing 1.17 acres and Adjacent Rights-of-Way, Application 21161 MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5402. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission approved Application 21161 on February 1, 2022 to annex 1.17 acres and establish an initial zoning designation of R-3 (Residential Medium Density District) subject to terms of annexation and contingencies for zoning. Final documents and easements were approved by the Engineering Department on November 6, 2023. A signed annexation agreement was received on November 7, 2023. The property is on the west side of south 3rd Avenue and to the southeast of the Museum of the Rockies property. The property underwent a Growth Policy Amendment in December 2021 to change the designation from PLI to Urban Neighborhood, see Resolution No. 5367. Subsequently an application to annex the property and establish an initial municipal zoning of R-3 was submitted, reviewed, and approved. South 3rd Avenue is a designated collector street in the Bozeman Transportation Plan. This annexation will bring in additional right of way to build out South 3rd Avenue to the full city street classification as would be required with future development. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-3 district as an implementing zoning district. 33Cancelled The property currently hosts a detached single-household residential structure connected to an individual well and septic system. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 2913-00821 11x17 ANNEX 4-11-22.pdf 21161 South 3rd Annex Resolution 5402.pdf 21161 S 3rd Annexation Agreement.pdf Report compiled on: November 20, 2023 34Cancelled 35Cancelled Version April 2020 Page 1 of 3 RESOLUTION 5402 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE SOUTH 3RD ANNEXATION, APPLICATION 21161. WHEREAS, the City of Bozeman received a petition for annexation from CBJ, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 01.17 acres, addressed at 2303 South 3rd Avenue; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on February 1, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on February 1, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on December 5, 2023, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, 36Cancelled Version April 2020 Page 2 of 3 rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 1.17 acres, to wit: Legal Description A Tract of Land described as Tract 1 of Certificate of Survey 3052, located in the Northeast One Quarter of Section 24, Township 2 South, Range 5 East and a City of Bozeman ROW tract described in Fm174Pg2512 and located within the Northwest One Quarter of Section 19, Township 2 South, Range 6 East, all which are within the Principal Meridian Montana, Gallatin County, Montana and more particularly described as follows: Beginning at a point (POB), that is a 2" Brass Cap in a Metal Monument Box, and which is the Northeast Corner of Section 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana; • thence S 89° 53' 31" E, along the line common to sections 18 and 19 of said T2S, R6E, a distance of 45.00 feet to a point; • thence leaving said section line and running S 00° 06' 29" W along the eastern boundary of said Fm174Pg5212 deed parcel, a distance of 165.05 feet to a point; • thence N 89° 53' 31" W, a distance of 45.00 feet to a point on the range line and the line common to sections 19 and 24; 37Cancelled Version April 2020 Page 3 of 3 • thence S 88° 58' 09" W, a distance of 263.98 feet to a point; • thence N 00° 06' 11" E, a distance of 164.97 feet to a point on the line common to sections 13 and 24 of said T2S, R5E; • thence N 88° 57' 03" E, a distance of 264.00 feet along said line common to sections 13 and 24 to the POB. Said Tract being 50,970 square feet or 1.17 acres more or less, along with and subject to all easements of record. Section 2 The effective date of this annexation is December 5, 2023. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ______ day of ______________, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 38Cancelled SOUTH 3rd ANNEXATION Agreement 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 549771-1230 SOUTH 3rd ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2023, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and CBJ, LLC, PO Box 327, Bozeman, MT 59771, hereinafter referred to as "Landowner". WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the SOUTH 3rd ANNEXATION situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: A Tract of Land described as Tract 1 of Certificate of Survey 3052, located in the Northeast One Quarter of Section 24, Township 2 South, Range 5 East and a City of Bozeman ROW tract described in Fm174 Pg2512 and located within the Northwest One Quarter of Section 19, Township 2 South, Range 6 East, all which are within the Principal Meridian Montana, Gallatin County, Montana and more particularly described as follows: 39Cancelled SOUTH 3rd ANNEXATION Agreement 2 Beginning at a point (POB), that is a 2" Brass Cap in a Metal Monument Box, and which is the Northeast Corner of Section 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana; thence S 89° 53' 31" E, along the line common to sections 18 and 19 of said T2S, R6E, a distance of 45.00 feet to a point; thence leaving said section line and running S 00° 06' 29" W along the eastern boundary of said Fm174Pg5212 deed parcel, a distance of 165.05 feet to a point; thence N 89° 53' 31" W, a distance of 45.00 feet to a point on the range line and the line common to sections 19 and 24; thence S 88° 58' 09" W, a distance of 263.98 feet to a point; thence N 00° 06' 11" E, a distance of 164.97 feet to a point on the line common to sections 13 and 24 of said T2S, R5E; thence N 88° 57' 03" E, a distance of 264.00 feet along said line common to sections 13 and 24 to the POB. Said Tract being 50,970 square feet or 1.17 acres more or less, along with and subject to all easements of record. All as depicted on the SOUTH 3rd ANNEXATION Map. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the SOUTH 3rd ANNEXATION is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the SOUTH 3rd ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the SOUTH 3rd ANNEXATION to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City’s transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and 40Cancelled SOUTH 3rd ANNEXATION Agreement 3 WHEREAS, the parties recognize additional development on the SOUTH 3rd ANNEXATION will impact area parks, recreation, transportation, police, and fire services, and that future improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the SOUTH 3rd ANNEXATION; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNES S ETH : 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. Annexation The Landowner filed an application for annexation of the SOUTH 3rd ANNEXATION with the City on April 7, 2021. By execution of this Agreement, the City manifests its intent to annex the SOUTH 3rd ANNEXATION tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the SOUTH 3rd ANNEXATION. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things 41Cancelled SOUTH 3rd ANNEXATION Agreement 4 necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the SOUTH 3rd ANNEXATION. 3. Services Provided The City will, upon annexation, make available to the SOUTH 3rd ANNEXATION existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the SOUTH 3rd ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the SOUTH 3rd ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or 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 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the SOUTH 3rd ANNEXATION. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the 42Cancelled SOUTH 3rd ANNEXATION Agreement 5 collection of sewage services to or within the SOUTH 3rd ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 6. Water and Sewer Connections Landowner understands and agrees that the existing residence on the property must be connected to City water and sewer utilities. Water and sewer services must be constructed in accordance with design and specifications approved by the City prior to the installation of the water and sewer lines. Landowner must contact the City Water and Sewer Superintendent to obtain details of construction requirements. Landowner must notify the City Water and Sewer Superintendent a minimum of 48 hours prior to construction of the services and disconnection of the well and septic system abandonment. Landowner further understands and agrees that prior to connection to the City water and sewer system, the existing on-site sewage treatment system must be properly abandoned and certification provided to the City Water and Sewer Superintendent that the abandonment occurred. The applicant must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that the sanitary sewer service to the septic tank has been completely disconnected from the old septic system prior to connection to the City sanitary sewer system. Any wells presently used for domestic purposes may be retained for irrigation only, with no physical connection to domestic water piping. Certification that there is no physical connection between an on-site well and the domestic water piping must be provided. The City Water and Sewer Superintendent may perform an inspection of the property and certify that the disconnection of the well and septic system abandonment are properly completed. Landowner understands and agrees that if Landowner fails to properly abandon the existing system and/or fails to disconnect the existing well from the domestic water piping as required herein the City may upon ten day's written notice to the Landowner 43Cancelled SOUTH 3rd ANNEXATION Agreement 6 terminate water and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner. 7. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code and as may be amended. The amount of water rights or cash-in-lieu thereof due at the time of further development or subdivision of the property will be calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. Domestic water demand from the single residential house falls below the City threshold (0.25AF). Therefore, no cash-in-lieu of water is required. 8. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the SOUTH 3rd ANNEXATION 44Cancelled SOUTH 3rd ANNEXATION Agreement 7 to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 9. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any of the SOUTH 3rd ANNEXATION until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the SOUTH 3rd ANNEXATION. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the SOUTH 3rd ANNEXATION in accordance with the City’s infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the SOUTH 3rd ANNEXATION for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity 45Cancelled SOUTH 3rd ANNEXATION Agreement 8 calculations. The plan must also locate and provide easements for adequate drainage ways within the SOUTH 3rd ANNEXATION to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require such Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the SOUTH 3rd ANNEXATION. 11. Waiver of Right-to-Protest Special Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts or Special Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities for a) South 3rd Avenue from West Kagy Boulevard and West Graf Street. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts or Special Districts for Intersection improvements including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage for a) South 3rd Ave and West Kagy Blvd, and b) South 3rd Ave and West Graf Street. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “B” and is hereby incorporated in and made a part of this Agreement. C. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A and B above, the Landowner shall participate in an 46Cancelled SOUTH 3rd ANNEXATION Agreement 9 alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 12. Public Street and Utility Easements The Landowner understands and agrees that a public street and utility easement must be provided at the time Landowner returns the signed annexation agreement for (45) feet from the centerline of the existing ROW for South 3rd Avenue along South 3rd Avenue property frontage as depicted in the Bozeman Transportation Master Plan prior to the adoption of Resolution of Annexation. The R ight-of- Way must be executed using the City’s standard language . A ten foot private utility easement must be provided along the property’s South 3rd Avenue frontage prior to the adoption of Resolution of Annexation. The executed easement must be delivered to the City Engineering Department. The easement must be executed on the City’s standard easement form . The Landowner, at its sole expense, has created such easements in a location and form agreeable to the City and the easements will be filed at the Gallatin County Clerk and Recorder’s Office. The Landowner further understands and agrees that additional public street and utility easements may be required for delivery of municipal services with future development and such easement shall be provided at the Landowner’s sole expense. 13. Street Improvements The Landowner understands and agrees that at the time of future development the portion of Bridger Drive and its related transportation infrastructure fronting the SOUTH 3rd ANNEXATION must be improved to a City standard. 47Cancelled SOUTH 3rd ANNEXATION Agreement 10 14. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the SOUTH 3rd ANNEXATION municipal services and which are wholly attributable to the property as determined exclusively by the city are considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City 48Cancelled SOUTH 3rd ANNEXATION Agreement 11 may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 15. Charges and Assessments Landowner understands and agrees that after this Agreement is recorded the SOUTH 3rd ANNEXATION will be subject to City charges and assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 16. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the SOUTH 3rd ANNEXATION. The parties further agree that the City may file these documents at any time. 17. 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, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 18. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in-house counsel including City Attorney. 19. 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 be deemed waived by either party unless waived in writing. 49Cancelled SOUTH 3rd ANNEXATION Agreement 12 20. 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. 21. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 22. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 23. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 24. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the SOUTH 3rd ANNEXATION and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. 50Cancelled SOUTH 3rd ANNEXATION Agreement 13 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ CBJ, LLC By: Brett Boeckel Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of , personally appeared Brett Boeckel, known to me to be the _________________ of __CBJ, LLC__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 51Cancelled SOUTH 3rd ANNEXATION Agreement 14 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ CBJ, LLC By: Cole Robertson Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of , personally appeared Cole Robertson known to me to be the _________________ of __CBJ, LLC__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 52Cancelled SOUTH 3rd ANNEXATION Agreement 15 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ CBJ, LLC By: Julien Morice Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of , personally appeared Julien Morice known to me to be the _________________ of __CBJ, LLC__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 53Cancelled SOUTH 3rd ANNEXATION Agreement 16 CITY OF BOZEMAN ____________________________________ By: Jeff Mihelich, City Manager ATTEST: ________________________________ Mike Maas, City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2023, before me, a Notary Public for the state of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as Interim City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 54Cancelled SOUTH 3rd ANNEXATION Agreement 17 EXHIBIT “A” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS SOUTH 3rd AVENUE ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A Tract of Land described as Tract 1 of Certificate of Survey 3052, located in the Northeast One Quarter of Section 24, Township 2 South, Range 5 East and a City of Bozeman ROW tract described in Fm174Pg2512 and located within the Northwest One Quarter of Section 19, Township 2 South, Range 6 East, all which are within the Principal Meridian Montana, Gallatin County, Montana and more particularly described as follows: Beginning at a point (POB), that is a 2" Brass Cap in a Metal Monument Box, and which is the Northeast Corner of Section 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana; thence S 89° 53' 31" E, along the line common to sections 18 and 19 of said T2S, R6E, a distance of 45.00 feet to a point; thence leaving said section line and running S 00° 06' 29" W along the eastern boundary of said Fm174Pg5212 deed parcel, a distance of 165.05 feet to a point; thence N 89° 53' 31" W, a distance of 45.00 feet to a point on the range line and the line common to sections 19 and 24; thence S 88° 58' 09" W, a distance of 263.98 feet to a point; thence N 00° 06' 11" E, a distance of 164.97 feet to a point on the line common to sections 13 and 24 of said T2S, R5E; thence N 88° 57' 03" E, a distance of 264.00 feet along said line common to sections 13 and 24 to the POB. Said Tract being 50,970 square feet or 1.17 acres more or less, along with and subject to all easements of record. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the transportation 55Cancelled SOUTH 3rd ANNEXATION Agreement 18 impacts to South 3rd Avenue from West Kagy Blvd and West Graf Street which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the design and engineering, construction and maintenance of following improvements: for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities for a) South 3rd Avenue Drive from West Kagy Blvd and West Graf Street. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention t o create one or more special improvement districts which would include the above-described property. In the event a SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 56Cancelled SOUTH 3rd ANNEXATION Agreement 19 DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ CBJ, LLC By: Brett Boeckel Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of , personally appeared Brett Boeckel, known to me to be the _________________ of __CBJ, LLC__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 57Cancelled SOUTH 3rd ANNEXATION Agreement 20 DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ CBJ, LLC By: Cole Robertson Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of , personally appeared Cole Robertson known to me to be the _________________ of __CBJ, LLC__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 58Cancelled SOUTH 3rd ANNEXATION Agreement 21 DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ CBJ, LLC By: Julien Morice Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of , personally appeared Julien Morice known to me to be the _________________ of __CBJ, LLC__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 59Cancelled SOUTH 3rd ANNEXATION Agreement 22 EXHIBIT “B” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS SOUTH 3rd ANNEXATION The undersigned owner of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: A Tract of Land described as Tract 1 of Certificate of Survey 3052, located in the Northeast One Quarter of Section 24, Township 2 South, Range 5 East and a City of Bozeman ROW tract described in Fm174Pg2512 and located within the Northwest One Quarter of Section 19, Township 2 South, Range 6 East, all which are within the Principal Meridian Montana, Gallatin County, Montana and more particularly described as follows: Beginning at a point (POB), that is a 2" Brass Cap in a Metal Monument Box, and which is the Northeast Corner of Section 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana; thence S 89° 53' 31" E, along the line common to sections 18 and 19 of said T2S, R6E, a distance of 45.00 feet to a point; thence leaving said section line and running S 00° 06' 29" W along the eastern boundary of said Fm174Pg5212 deed parcel, a distance of 165.05 feet to a point; thence N 89° 53' 31" W, a distance of 45.00 feet to a point on the range line and the line common to sections 19 and 24; thence S 88° 58' 09" W, a distance of 263.98 feet to a point; thence N 00° 06' 11" E, a distance of 164.97 feet to a point on the line common to sections 13 and 24 of said T2S, R5E; thence N 88° 57' 03" E, a distance of 264.00 feet along said line common to sections 13 and 24 to the POB. Said Tract being 50,970 square feet or 1.17 acres more or less, along with and subject to all easements of record. IN CONSIDERATION of receiving approval for annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the intersection 60Cancelled SOUTH 3rd ANNEXATION Agreement 23 impacts to a) South 3rd Ave and West Kagy Boulevard, and b) South 3rd Ave and West Graf Street which will be caused by the development of the above-described property, the owner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage for a) South 3rd Ave and West Kagy Boulevard, and b) South 3rd Ave and West Graf. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district 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 a SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the property described herein shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 61Cancelled SOUTH 3rd ANNEXATION Agreement 24 DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ CBJ, LLC By: Brett Boeckel Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of , personally appeared Brett Boeckel, known to me to be the _________________ of __CBJ, LLC__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 62Cancelled SOUTH 3rd ANNEXATION Agreement 25 DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ CBJ, LLC By: Cole Robertson Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of , personally appeared Cole Robertson known to me to be the _________________ of __CBJ, LLC__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 63Cancelled SOUTH 3rd ANNEXATION Agreement 26 DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ CBJ, LLC By: Julien Morice Title: ________________________ STATE OF ____________ ) :ss COUNTY OF __________ ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of , personally appeared Julien Morice known to me to be the _________________ of __CBJ, LLC__ that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of _________ Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 64Cancelled Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Resolution 5426, Adoption of Annexation and Provisional Ordinance to Establish Initial Zoning for the 6590 Davis Lane Annexation, Annexing 8.55 acres and Adjacent Rights-of-Way, Application 21443 MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Adopt Resolution 5426. STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission approved Application 21443 on June 28, 2022 to annex 8.55 acres and establish an initial zoning designation of B-2M (Community Business-Mixed) subject to terms of annexation and contingencies for zoning. Final documents and easements were received by the Applicant on July 19, 2023. A signed annexation agreement has been received. The property is bordered by Davis Lane to the west (a Bozeman classified minor arterial street). The proposed annexation would bring in additional right of way to build out Davis Lane to the full city street classification as would be required with future development. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the B-2M district as an implementing zoning district. The property currently hosts a detached single-household residential structure connected to an individual well and septic system. The property is surrounded to the north, east, and south by other similar residential properties utilizing individual well and septic systems. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Galloway and Kimerwicke Streets west of Davis Lane. 65Cancelled UNRESOLVED ISSUES:Non ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 21443 DavisLaneProperty_Annexation&ZoningMap.pdf 21443 6590 Davis Lane Annex Resolution 5426.pdf 21443 6590 Davis Lane Annex Agreement 7-11-2023.pdf Report compiled on: November 20, 2023 66Cancelled 67Cancelled Version April 2020 Page 1 of 3 RESOLUTION 5426 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS, KNOWN AS THE 6590 DAVIS LANE ANNEXATION, APPLICATION 21443. WHEREAS, the City of Bozeman received a petition for annexation from S&S Davis, LLC requesting the City Commission to extend the boundaries of the City of Bozeman so as to include an area of land containing approximately 8.55 acres, addressed at 6590 Davis Lane; and WHEREAS, an annexation staff report was prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on June 7, 2022; and WHEREAS, a public meeting on said annexation petition was duly noticed and held on June 7, 2022; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be annexed; and WHEREAS, on December 5, 2023, the Commission received the executed annexation agreement addressing all recommended terms of annexation; and WHEREAS, the provision of available services, including, but not limited to, streets, 68Cancelled Version April 2020 Page 2 of 3 rights-of-way, easements, water rights or cash-in-lieu, waivers of protest against creation of SID's, and water and sewer hookup fees, to said contiguous tracts as described is the subject of a written agreement between the City and the Landowner; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of this contiguous tract is in the best interests of the City of Bozeman and the inhabitants/owners thereof. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 46, Mont. Codes Ann., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such approximately 8.55 acres, to wit: Legal Description A tract of land being the Tract shown on Film 9, Page 45, located in the Southwest One-Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: Beginning at a point which bears North 0124’03” East a distance of 994.81 feet from the Southwest Section Corner of said Section 35, said point being the Southwest corner of said Tract; thence North 0124’03” East, along the West line of said Section 35, a distance of 636.34 feet; thence South 7209’59” East, a distance of 1046.17 feet to a point on the Southwest One-Sixteenth line of said Section 35; thence North 8906’03” West, along said One-Sixteenth line a distance of 341.62 feet; thence South 0125’16” West, along the East line of the Southwest One-Quarter of the Southwest One-Quarter of the Southwest One-Quarter a distance of 331.51 feet; thence North 8906’31” West, a distance of 661.73 feet to the point of beginning; Said tract of land being 8.55 acres, along with and subject to any existing easements. 69Cancelled Version April 2020 Page 3 of 3 All as depicted on the 6590 Davis Lane Annexation Map. Section 2 The effective date of this annexation is December 5, 2023. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the ____ th day of _____________, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 70Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 1 Inter-office Original to: City of Bozeman City Clerk PO Box 1230 Bozeman, MT 549771-1230 6590 DAVIS LANE PROPERTY ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this ______ day of __________________, 2023, by and between the CITY OF BOZEMAN, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana with offices at 121 N. Rouse Avenue, Bozeman, Montana 59771-0640, hereinafter referred to as "City", and S&S Davis LLC, 640 Taylor Street, Suite 2200, Fort Worth, TX 76102 hereinafter referred to as "Landowner". The effective date of this Agreement shall be the date upon which the Bozeman City Commission adopts a resolution creating the 6590 Davis Lane Property and authorizing execution of this Agreement. WITNESSETH: WHEREAS, Landowner is owner in fee of a tract of certain real property, hereinafter referred to as the 6590 DAVIS LANE PROPERTIES ANNEXATION or “Property” situated in Gallatin County, Montana, and more particularly described as follows: An area of land comprised described as follows: Tract 1 of COS 3053, a parcel of land located in Section 35, Township One South (T1S), Range Five East (R5E) of Principal of Meridian Montana, Gallatin County, Montana, and more particularly described as follows: 71Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 2 All as depicted on the 6590 DAVIS LANE PROPERTIES ANNEXATION Map. WHEREAS, the Landowner petitioned the City for annexation to the City of said tract of land; and WHEREAS, the 6590 DAVIS LANE PROPERTIES is not within the corporate limits of the City or other municipality and may therefore be annexed to the City in accordance with the provisions of this Agreement and Title 7, Chapter 2, Part 46, Mont. Code Ann.; and WHEREAS, all parties recognize the annexation of the 6590 DAVIS LANE PROPERTIES pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the 6590 DAVIS LANE PROPERTIES to connect to and utilize City services, including municipal water and sewer service, parks and recreation, fire and police services, and the City’s transportation system; and WHEREAS, Section 7-2-4610, Mont. Code Ann. provides that a municipality and landowner can agree to the provisions of services to the area to be annexed; and WHEREAS, the parties recognize additional development on the 6590 DAVIS LANE PROPERTIES will impact area parks, recreation, transportation, police, and fire services, and that future 72Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 3 improvements may require additional public infrastructure street improvements including transportation for traffic circulation and the provisions of parks, recreation, police, and fire services; and WHEREAS, the Landowner finds this Agreement will provide for the most satisfactory and dependable water supply and sewer supply or service, and provide transportation, parks, recreation, police and fire service for development of the 6590 DAVIS LANE PROPERTIES; and WHEREAS, the parties have determined that it is in the best interests of the City and Landowner, and in furtherance of the public health, safety and welfare of the community to enter into and implement this Agreement. WITNES S ETH : 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. Annexation The Landowner filed a complete application for annexation of the 6590 DAVIS LANE PROPERTIES with the City on March 4, 2021. By execution of this Agreement, the City manifests its intent to annex the 6590 DAVIS LANE PROPERTIES tract pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2, Part 46, Mont. Code Ann. the City shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 6590 DAVIS LANE PROPERTIES. Further, upon the execution of this Agreement, the Landowner shall do all things required by this Agreement and all things necessary and proper to aid and assist the City in carrying out the terms, conditions and provisions of this Agreement and to effect the annexation of the 6590 DAVIS LANE PROPERTIES. 73Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 4 3. Services Provided The City will, upon annexation, make available to the 6590 DAVIS LANE PROPERTIES existing City services only to the extent currently available, or as provided in this Agreement. 4. Municipal Water Service Defined The term "municipal water service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 40, Article 2, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of municipal water service but does not include the extension of lines or construction of necessary improvements at any cost to the City for delivery of water to and within the 6590 DAVIS LANE PROPERTIES. Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering, construction, and other costs for the delivery of water to or within the 6590 DAVIS LANE PROPERTIES to include, but not limited to, any impact fees, hook-up, connection, or development charges which have been or 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 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service but does not include the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 6590 DAVIS LANE PROPERTIES. 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 6590 DAVIS LANE PROPERTIES to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. 74Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 5 6. Water and Sewer Connections Landowner understands and agrees that water and sewer services must be constructed in accordance with design and specifications approved by the City prior to the installation of the water and sewer lines. Landowner must contact the City Water and Sewer Division to obtain details of construction requirements. Landowner further understands and agrees that prior to connection to the City water and sewer system, any existing on-site sewage treatment system must be properly abandoned and certification provided to the City Water and Sewer Division that the abandonment occurred. The Landowner must report the abandonment to the Gallatin City County Health Department. In addition to abandonment of the septic tank and leach field, the applicant must demonstrate that any sanitary sewer line has been completely disconnected from any existing septic system prior to the Landowner connecting the to the City sanitary sewer system. Any wells presently used for domestic purposes may be retained for irrigation only, with no physical connection to municipal domestic water piping. Certification that there is no physical connection between any on-site well and a domestic water line coming from the City’s water supply must be provided. The City Water and Sewer Division may perform an inspection of the property and certify that the disconnection of the well and septic system abandonment are properly completed. Landowner understands and agrees that if Landowner fails to properly abandon any existing septic system and/or fails to disconnect any existing well from the domestic water piping as required herein the City may upon ten day’s written notice to the Landowner terminate water and/or sewer services to the property. Costs of all disconnects and/or subsequent reconnects shall be borne by Landowner. 7. Water Rights The Landowner specifically recognizes and agrees that provisions for water rights or cash in-lieu of water rights shall be provided upon further development or subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code and as may be amended. The amount of water rights 75Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 6 or cash-in-lieu thereof due at the time of further development or subdivision of the property will be calculated based on the annual demand for volume of water the development will require multiplied by the most current annual unit price in effect on the date the water rights are transferred or payment-in-lieu of water rights is to be made to the City. As such, the Landowner acknowledges that the rates for cash in-lieu of water rights may increase over time as established by Resolution of the City Commission. The Landowner must perform a water rights search to determine if any exist for this property. The Landowner must transfer any water rights that exist for this property to the City of Bozeman prior to development that the City of Bozeman determines are useful for city purposes. If insufficient water rights exist, the Landowner must pay cash in lieu of water rights, in an amount determined by the Director of Utilities, prior to development. 8. Comprehensive Water and Water Design Report Prior to future development of the property the City may require the Landowner to have prepared by a Professional Engineer, at Landowner’s sole expense, a comprehensive design report evaluating existing capacity of sewer and water utilities in the area. The report must include hydraulic evaluations of each utility for both existing and post-development demands, and the report findings must demonstrate adequate capacity to serve the full development of the land. If adequate infrastructure capacity is not available for the proposed development, the report must identify necessary water or wastewater system improvements necessary for the proposed development. If improvements to this water or wastewater system are necessary, the Landowner agrees prior to development of the 6590 DAVIS LANE PROPERTIES to complete, at Landowner’s expense, the necessary system improvements to serve the proposed development. 9. Future Development Limitations The Landowner shall be responsible for installing all facilities required to provide full municipal services to the property in accordance with the City’s Infrastructure Master Plans and all City regulations, 76Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 7 policies and guidelines that may be in effect at the time of any future development. Thus, Landowner understands and agrees Landowner has no right, either granted or implied, for it to further develop any of the 6590 DAVIS LANE PROPERTIES until it is verified by the City that the necessary municipal services, including but not limited to police and fire protection, parks and recreation, transportation, and sewer and water capacity, are available to all or a portion of the 6590 DAVIS LANE PROPERTIES. Notice is thus provided to the Landowner that prior to additional development of the property, the Landowner will be solely responsible for installing, at Landowner’s sole expense, any facilities or infrastructure required to provide full municipal services to the 6590 DAVIS LANE PROPERTIES in accordance with the City’s infrastructure plans, adopted Growth Policies/Community Plans, and all other city regulations, policies and guidelines that may be in effect at the time of development. 10. Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan for the 6590 DAVIS LANE PROPERTIES for a system designed to remove solids, oils, grease, and other pollutants from the runoff from public streets and other impermeable surfaces may be required to be provided to and approved by the City Engineer at the time of any future development in accordance with Chapter 40, Article 3, Bozeman Municipal Code, as amended, as well as any other terms and conditions which apply to the City's provision of this service. The plan must demonstrate that adequate treatment of runoff from public streets, other impermeable surfaces, and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the 6590 DAVIS LANE PROPERTIES to transport treated runoff to the stormwater receiving channel. The plan shall include site grading and elevation information, typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and stormwater maintenance plan. Landowner recognizes the City may require such 77Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 8 Stormwater Master Plan to be implemented in all or part as a condition of approval of development of the 6590 DAVIS LANE PROPERTIES. 11. Waiver of Right-to-Protest Special Districts A. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts or Special Districts for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities for: a. Street improvements to North 27th Avenue (Thomas Drive) between Baxter Lane and Catamount Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Davis Lane between Baxter Lane and Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Hunters Way (Blackbird Drive) between Baxter Lane and Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Windward Way (Park Creek Avenue) between Baxter Lane and Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Street improvements to Equestrian Lane (Sartain Street) between Davis Lane and North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Street improvements to Rawhide Ridge between North 19th Avenue and Hunters Way including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g. Street improvements to Kimberwicke between Davis Lane and North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. h. Street improvements to Cattail Street between Davis Lane and North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. i. Street improvements to Hoover Way between Georgia Marlie Lane and the subject property including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. j. Street improvements to Renee Way between Georgia Marlie Lane and the subject property including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “A” and is hereby incorporated in and made a part of this Agreement. 78Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 9 B. Landowner shall execute a Waiver of Right-to-Protest Creation of Special Improvement Districts (“SID”) or Special Districts for Intersection improvements including lighting, signalization and channelization, paving, curb/gutter, sidewalk, and storm drainage for: a. Intersection improvements at Cattail Street and North 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at Cattail Street and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage c. Intersection improvements at Cattail Street and North 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements at Baxter Lane and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage e. Intersection improvements at North 27th Avenue and Baxter Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. The Landowner agrees such SID or special districts will provide a mechanism for the fair and equitable assessment of construction and maintenance costs for such improvements. The waiver is attached hereto as Exhibit “B” and is hereby incorporated in and made a part of this Agreement. C. Landowner agrees that in the event an SID is not utilized for the completion of these improvements as described in subsections A and B above, the Landowner shall participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 12. Public Street and Utility Easements The Landowner understands and agrees that a public street and utility easement must be provided at the time Landowner returns the signed annexation agreement for the portion of Davis Lane that is adjacent to its Property, which is classified as a Minor Arterial in the Bozeman Transportation Master Plan (TMP), which has a minimum right-of-way (“ROW”) width of one hundred (100) feet. 79Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 10 The Landowner must provide its respective Davis Lane ROW section from the centerline of the existing ROW or the entire section (if the street section resides within the proposed annexation area) as a public street and utility easement where Davis Lane is adjacent to the Property. The Landowner, at its sole expense, has created such easements in a location and form agreeable to the City and the easements will be filed at the Gallatin County Clerk and Recorder’s Office. The Landowner further understands and agrees that additional public street and utility easements may be required for delivery of municipal services with future development, and in such event, the easement shall be provided at the Landowner’s sole expense. 13. Street Improvements The Landowner understands and agrees that at the time of future development the portion of Davis Lane and its related transportation infrastructure fronting the 6590 DAVIS LANE PROPERTIES must be improved to a City standard. The City may allow phasing of street improvements coordinated with development areas. 14. Impact Fees Landowner acknowledges that annexation and development of their property will impact the City’s existing street, water and sewer infrastructure, and the City’s fire service. As approved by the City, the Landowner and its successors must pay: A) Fire impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. B) Transportation impact fees equal to the amount per Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at time of issuance of a building permit. C) Water impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city water services. D) Sewer impact fees as required by Chpt. 2, Art. 6. Div. 9 BMC, or as amended, at the time of connection to city sewer services. The amount of impact fee the Landowner or its successors pay for connection to the city’s water and sewer services, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, 80Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 11 as amended, in effect at the time of application for a permit to connect. The amount of street or fire impact fees to be paid, if any, shall be calculated based on the provisions of the Bozeman Municipal Code, as amended, in effect at the time an application for building permit is submitted. Nothing in this Agreement shall be construed to abridge Landowner’s rights, und er Chapter 2, Article 6, Division 9 of the Bozeman Municipal Code, to apply for, claim or assert credits, exemptions or refunds from the imposition of impact fees. Landowner further understands and agrees that any improvements, either on-site or off-site, necessary to provide connection of the 6590 DAVIS LANE PROPERTIES to municipal services and which are wholly attributable to the Property as determined exclusively by the city are considered “project related improvements” as defined in Chapter 2, Article 6, Division 9, Bozeman Municipal Code, as amended, and as such, are not eligible for impact fee credits. If Landowner defaults on this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (30) days after written notice by City to the Landowner and Landowner/Developer of such default, City may at its option: A) Declare the amounts owing for impact fees immediately due and payable and City shall have the right and privilege to take legal action against Landowners for the collection of such sum, including the entry of any judgment. In addition, the City may, at its option, enforce payment of such amount by levying an assessment on the property. B) Elect any other remedy available to City under the laws of the State of Montana. 15. Charges and Assessments Landowner understands and agrees that after this Agreement is recorded the 6590 DAVIS LANE PROPERTIES will be subject to City charges and assessments for arterial and collector streets, street maintenance, and tree maintenance on the same basis as all other properties in the City. 81Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 12 16. Additional Terms The parties recognize these documents must be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 6590 DAVIS LANE PROPERTIES. The parties further agree that the City may file these documents at any time. 17. 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, venue is in the Eighteenth Judicial District Court, in and for County of Gallatin, State of Montana. 18. Attorney’s Fees In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney’s fees and costs, to include the salary and costs of in -house counsel including City Attorney. 19. 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 be deemed waived by either party unless waived in writing. 20. 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. 21. Modifications or Alterations No modifications or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 82Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 13 22. No Assignment It is expressly agreed that the Landowner and/or Landowner/Developer shall not assign this Agreement in whole or in part without prior written consent of the City. 23. Successors This Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties hereto and their respective heirs, successors and assigns and specifically to any subsequent purchaser of the annexed property. 24. Covenants to Run with the Land The parties intend that the terms of this Agreement shall benefit the 6590 DAVIS LANE PROPERTIES and shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. The undersigned Landowner affirms that they have authority to enter into this Agreement and to bind themselves to this Agreement. 83Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 14 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first above written. DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ S&S Davis, LLC By: Jennifer Salazar Title: Vice President STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Jennifer Salazar, known to me to be the Vice President of S&S Davis, LLC and the Landowner that executed the within instrument, and acknowledged to me that they executed the same for and on behalf of landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 84Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 15 CITY OF BOZEMAN ____________________________________ By: Jeff Mihelich, City Manager ATTEST: ________________________________ Mike Maas, City Clerk STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this _____ day of , 2023, before me, a Notary Public for the state of Montana, personally appeared Jeff Mihelich and Mike Maas, known to me to the persons described in and who executed the foregoing instrument as Interim City Manager and City Clerk respectively, of the City of Bozeman, whose names are subscribed to the within instrument and acknowledged to me that they executed the same for and on behalf of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 85Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 16 EXHIBIT “A” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 6590 DAVIS LANE PROPERTIES ANNEXATION The undersigned owner (“Landowner”) of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 1 of COS 3053, a parcel of land located in Section 35, Township One South (T1S), Range Five East (R5E) of Principal of Meridian Montana, Gallatin County, Montana, and more particularly described as follows: All as depicted on the 6590 DAVIS LANE PROPERTIES Annexation Map. IN CONSIDERATION of receiving approval for annexation of the 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 transportation impacts to: a. Street improvements to North 27th Avenue (Thomas Drive) between Baxter Lane and Catamount Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. b. Street improvements to Davis Lane between Baxter Lane and Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. c. Street improvements to Hunters Way (Blackbird Drive) between Baxter Lane and 86Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 17 Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. d. Street improvements to Windward Way (Park Creek Avenue) between Baxter Lane and Cattail Street including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. e. Street improvements to Equestrian Lane (Sartain Street) between Davis Lane and North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. f. Street improvements to Rawhide Ridge between North 19th Avenue and Hunters Way including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. g. Street improvements to Kimberwicke between Davis Lane and North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. h. Street improvements to Cattail Street between Davis Lane and North 19th Avenue including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. i. Street improvements to Hoover Way between Georgia Marlie Lane and the subject property including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. j. Street improvements to Renee Way between Georgia Marlie Lane and the subject property including lighting, signalization, paving, curb/gutter, sidewalk, and storm drainage. which will be caused by the development of the above-described Property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the design and engineering, construction and maintenance of following improvements: for street and transportation improvements including design and engineering, paving and subsurface improvements, curb and gutter, sidewalk, stormwater drainage facilities, broadband, and other dry utilities for the aforementioned street improvements. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the 87Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 18 district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts (“SID”) which would include the Property. In the event a SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of Property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the Property and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 88Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 19 DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ S&S Davis, LLC By: Jennifer. Salazar Title: Vice President STATE OF MONTANA) :ss COUNTY OF GALLATIN) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Jennifer Salazar, known to me to be the Vice President of S&S Davis, LLC and the Landowner that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of Landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 89Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 20 EXHIBIT “B” WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 6590 DAVIS LANE PROPERTIES The undersigned owner (“Landowner”) of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 1 of COS 3053, a parcel of land located in Section 35, Township One South (T1S), Range Five East (R5E) of Principal of Meridian Montana, Gallatin County, Montana, and more particularly described as follows: All as depicted on the 6590 DAVIS LANE PROPERTIES Annexation Map. IN CONSIDERATION of receiving approval for annexation of the subject Property from the City of Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the intersection impacts to: a. Intersection improvements at Cattail Street and North 27th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. b. Intersection improvements at Cattail Street and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage 90Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 21 c. Intersection improvements at Cattail Street and North 19th Avenue including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage d. Intersection improvements at Baxter Lane and Davis Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage e. Intersection improvements at North 27th Avenue and Baxter Lane including lighting, signalization/channelization, paving, curb/gutter, sidewalk, and storm drainage. which will be caused by the development of the Property, the Landowner has waived and does hereby waive for itself, its successors and assigns forever the right to protest the creation of one or more special improvement districts for the including lighting, signalization / channelization, paving, curb/gutter, sidewalk, and storm drainage. Landowner agrees the City has the sole right to control the design and construction of such improvements and may include any of the above components and others necessary to ensure such improvements comply with all adopted City infrastructure plans and requirements. Further, the Landowner waives its right or to make any written protest against the size or area or creation of the district be assessed in response to a duly passed resolution of intention to create one or more special improvement districts which would include the Property. In the event a SID is not utilized for the completion of these improvements, the Landowner agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by the City on the basis of the square footage of the Property, taxable valuation of the Property, traffic contribution from the development or a combination thereof. This waiver is made for the benefit of the Property and shall be a covenant running with the land. The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-in-interest and assigns of the Landowner. 91Cancelled 6590 DAVIS LANE PROPERTIES Annexation Agreement 22 DATED this _____ day of __________________, 2023. LANDOWNER _________________________________________ S&S Davis, LLC By: Jennifer. Salazar Title: Vice President STATE OF MONTANA) :ss COUNTY OF GALLATIN) On this ________ day of ____________________, 2023, before me, the undersigned, a Notary Public for the State of Montana, personally appeared Jennifer Salazar, known to me to be the Vice President of S&S Davis, LLC and the Landowner that executed the within instrument, and acknowledged to me that he executed the same for and on behalf of Landowner. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) _________________________________________ (Printed Name Here) Notary Public for the State of Montana Residing at _______________________ My Commission Expires:____________ (Use 4 digits for expiration year) 92Cancelled Memorandum REPORT TO:City Commission FROM:Chuck Winn, Assistant City Manager SUBJECT:Resolution 5561, Authorizing Prime Change Order 21 with Langlas and Associates for Construction of the Bozeman Public Safety Center MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Approve Resolution 5561, Authorizing Prime Change Order 21 with Langlas and Associates for Construction of the Bozeman Public Safety Center. STRATEGIC PLAN:3.1 Public Safety: Support high quality public safety programs, emergency preparedness, facilities, and leadership. BACKGROUND:On July 27, 2020, the City Commission approved the Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety Center as a part of the General Construction/Construction Manager agreement. This amendment contains provisions for altering the conditions of the agreement as authorized by the owner (City) to include additional work and credits resulting in an increase to the GMP of $8,862.18. The change order includes additional work to add modified louvers to the building air intakes to limit the infiltration of snow into the HVAC systems. The Safety Center budget contains both owner and contractor contingencies to address unforeseen conditions, scope gaps, and owner requested changes. While every reasonable attempt was made to include everything in the original project plans and specs, projects of this size and complexity require changes during construction. The changes included in this request are reasonable and are within existing contingency amounts and overall project budget as authorized by the City Commission. UNRESOLVED ISSUES:None. ALTERNATIVES:As suggested by the Commission. FISCAL EFFECTS:The net amount of Change Order 21 is within the approved contingency amounts and authorized project budget. Attachments: Resolution_5561_CO21.docx Prime Change Order 21_LL Signed (003).pdf 93Cancelled Report compiled on: April 7, 2023 94Cancelled Version April 2020 RESOLUTION 5561 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, WHEREAS,the City Commission did, on July 27, 2020, authorize award of the Guaranteed Maximum Price (GMP) Amendment for Construction of the Bozeman Public Safety Center with Langlas and Associates; and WHEREAS,Section 7-5-4308, Montana Code Annotated, provides that any such alterations for modification of the specifications and/or plans of the contract be made by resolution; and WHEREAS, it has become necessary in the prosecution of the work to make alterations and modifications to the specifications and/or plans of the contract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, that the proposed modifications and/or alternates to the GMP Amendment for Construction of the Bozeman Public Safety Center, as contained in Change Order #21, attached hereto, be and the same are hereby approved; and the City Manager is hereby authorized and directed to execute the contract change order for and on behalf of the City; and the City Clerk is authorized and directed to attest such signature. PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 5th day of December, 2023. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: 95Cancelled Version April 2020 ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 96Cancelled Langlas & Associ.itcs GENERAL CONTRACTORS PRIME CHANGE ORDER # 21 PROJECT: Bozeman Public Safety Center 907 N. Rouse Ave. Bozeman, MT 59715 DATE: PROJECT# ORIG. CONTRACT DATE: PROJECT MANAGER: 10/17/2023 19426 08.05.19 Loren Cantrell Langlas & Associates, Inc. is directed to make the following changes in this Contract: CE No. Description Cost ADD (DEDUCT) FROM CONTRACT AMOUNT 163 Snow Infiltration Modifications $ 28,256.36 164 Digital Siqnaae System Return $ (19,614.18} TOTAL$ 8,642.18 CHANGES TO CONSTRUCTION CONTINGENCY Construction Contingency Amount Prior to this Change Order $ 0.00 - Total Construction Contingency Change with this Change Order $- Contract Time shall be Modified as Follows: Authorization for Work Described Above: Owner City of Bozeman 121 N. Rouse Ave. Bozeman, MT 59715 Name Date New Construction Contingency Amount $ 0.00 Original Contract Sum: $ 238,788.00 Net Change by Previously Authorized Change Orders: $ 37,105,026.99 ---'--"'----Contract Sum Prior to this Change Order: $ 37,343,814.99 Total this Change Order: $ 8,642.18 ----------New Contract Sum: $37,352,457.17 Contract Time is unchanged. Contractor Langlas & Associates, Inc. 1019 E. Main St., Suite 101 9715 Date Under penalty of law (including perjury and/or false/fraudulent claims against the State), the above signed on behalf of the Contractor hereby certifies, warrants, and guarantees that this claim made for Work on this Contract is a true statement of the costs, adjustments and/or time sought and is fully documented and supported under the contract between the parties. 97Cancelled Change Estimate Report Project:Bozeman Public Safety Center CE No:163 Project #19426 Revision #1 Change Source: Snow Infiltration Memo Date:9/5/2023 Description:Snow Infiltration Modifications Category Description Quantity Unit Unit Cost Total ADD $- Modifications/Additions as described in the "Snow Infiltration Memo"; Option 1 1 sum $ 26,940.71 $ 26,940.71 $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $ 26,940.71 GC/CM Business Insurance 0.625%$ 168.38 CM Fee 3.2%$ 867.50 Bond 1.0%$ 279.77 TOTAL $ 28,256.36 98Cancelled Material/Labor Direct Costs Qty Material Unit Price Material Cost Labor Hrs Labor Rate/Hr Labor Cost Ductmate Drain, Access Doors, Piping to Floor Sink 2 $153 $305.99 10 $95.00 $1,900.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 Misc. Plumbing Materials $15.30 Demolition 1 $0.00 20 $95.00 $1,900.00 Receive, Install new hood, birdscreen, filters 1 $3,597 $3,597.34 30 $95.00 $2,850.00 $0.00 $95.00 $0.00 $0.00 $95.00 $0.00 Misc. Sheet Metal Materials $179.87 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 $0.00 $125.00 $0.00 Misc. Sheet Metal Materials $0.00 $4,098.50 $6,650.00 2 $105.00 $210.00 2 $105.00 $210.00 2 $105.00 $210.00 $630.00 SUMMARY Materials (detail above)$4,098.50 Equipment Rent 750.00 Subsistence 304.00 Lodging Costs 750.00 Mileage (Total Miles X $1.25) Subtotal $5,902.50 $885.37 Labor (detail above)$7,280.00 Subcontractors: JCI $11,220.00 - - - $12,342.00 Bond (If Applicable)$264.10 Y CGR 1% State Tax (If Applicable)$266.74 Y TOTAL AMOUNT DUE $26,940.71 Sheet Metal Shop Fabrication: Sheet Metal: WORK MOD / SMALL PROJECT PRICING WORKSHEET Job Name: Bozeman Public Safety Center Description: ACE Snow Infilatration Memo - Option#1 Date: 6/6/2023 PRICING IS GOOD FOR 30 DAYS AFTER DATE ABOVE. Plumbing: Supervision: Plumbing Supervision Sheet Metal Supervision Total Material/Labor Direct Costs Subcontractors with 10% Overhead & Profit PM Time Total Supervision 15% Overhead & Profit Comm. Drive/Bid Prep forms/Change Order Worksheet 99Cancelled © Johnson Controls P Page 1 of 7 Created on: 06/20/2023 Proposal Date: 06/20/2023 To: Central Plumbing & Heating From: Brandon Karroll 3701 River Drive North 1185 N 14th Ave, Suite 4 Great Falls, MT 59405 Bozeman, MT 59715 Office (406)-586-2004 Fax (406)-586-2764 Mobile (406)-223-0253 Brandon.Fillon.Karroll@jci.com Attn: Ryan Calbick Project: Bozeman Public Safety Center Snow Infiltration Recommendations 121 N Rouse Avenue Bozeman, MT 59715 Pricing: Base Option #1 Eleven Thousand Two Hundred Twenty-Two Dollars and No Cents $11,220.00 ERV Option #2 Add Two Thousand Five Hundred Twenty-Nine Dollars and No Cents $2,529.00 Scope of Work Johnson Controls, Inc. is pleased to provide the following scope of work and pricing for an extension of the Johnson Controls Metasys Building Automation System for the Bozeman Public Safety Center based on a Memo prepared by Associated Construction Engineering, Inc. and dated April 14th, 2023. Johnson Controls will provide engineering, submittals, coordination with other trades, controls installation, programming, graphics, technical startup, complete system checkout, and customer training for the Bozeman Public Safety Center Snow Infiltration Recommendations project. All new controls are to be tied into the existing building’s Metasys building automation system. AHU-2 / Air Handling Unit (Quantity 1) • Recommendation: Solar wall intake is open all the time unless discharge air temperature gets too hot. By doing this, the bypass damper behind louver L-1 will be closed or partially closed during the winter months, thus reducing the amount of snow infiltration. 1. JCI to furnish programming modifications and verification of controls to meet the recommended sequence of operations. 100Cancelled © Johnson Controls P Page 2 of 7 Created on: 06/20/2023 ▪ Includes revising solar wall preheat function and economizer sequence of operations to meet the recommendation. ▪ Includes furnishing and installing new Outdoor Air Humidity Sensor and calculating dew point for accurate control of solar wall and outdoor air during snow/weather event. AHU-3 / Air Handling Unit (Quantity 1) • Recommendation: Forcing unit into minimum ventilation damper position during snow events. Install moisture sensor in duct, if moisture is sensed, damper goes to minimum position. 1. JCI to furnish and install moisture sensor, programming modifications, and verification of controls to meet the recommended sequence of operations. ▪ Includes revising economizer sequence of operations to include moisture sensor function ▪ Includes utilizing new Outdoor Air Humidity Sensor mentioned above and calculating dew point for accurate control of minimum outdoor air during snow/weather event. ▪ Includes furnishing and installing new moisture sensor ERV-1 / Energy Recovery Unit (Quantity 1) • Recommendation: Provide hood with electric heating element, provide moisture sensor to interlock with heat pad control. 1. JCI to furnish and install moisture sensor, programming modifications, and verification of controls to meet the recommended sequence of operations. ▪ Includes furnishing and installing new moisture sensor ▪ Includes furnishing and installing new heat pad relay for moisture sensor interlock COMMISSIONING / TEST & BALANCE / TRAINING / WARRANTY ▪ Includes necessary site visits for test and balance contractor coordination and system commissioning. ▪ Includes (00) hours of on-site owner/operator training. ▪ Includes labor warranty for (01) year from date of owner’s acceptance of a certificate of substantial completion. ▪ Includes JCI material warranty for (03) years from manufacturer’s date. 101Cancelled © Johnson Controls P Page 3 of 7 Created on: 06/20/2023 Exclusions & Clarifications (applies to all sections) 1. Pricing assumes normal working hours, Mon-Fri, 7am to 4pm. Excludes all off-hours work. 2. Excludes furnishing and/or installation of the following unless noted otherwise in this proposal; a. Fire Smoke Dampers (FSD), Smoke Control Dampers (SCDs) Fire/Smoke Detectors or associated power and control wiring b. Control Dampers c. Starters, Disconnects or Variable Speed Drives d. Line-Voltage Thermostats, Thermal Switches or Pushbutton Switches e. Lighting Integration or Lighting Controls f. Line voltage power g. Mechanical Equipment h. Access Doors i. Thermometers, Thermowells or Pressure Gauges j. Control Valves k. Airflow Measuring Stations l. Metering Devices 3. Excludes all 120v power to controllers, transformers or any other applicable devices. Thermostat conduit rough-in provided by Div.26. 4. Excludes any demolition work unless noted otherwise in this proposal. 5. Low voltage cabling will be installed using plenum rated cables without conduit in concealed, accessible locations. Where exposed or subject to damage, EMT conduit will be used. This applies to all control work. 6. Excludes any work or services associated or connected with the identification, abatement, cleanup, control, removal or disposal of hazardous materials or substances, including but not limited to asbestos or PCBs. 7. Start-up and/or verification of factory-installed controls to be provided by others. 8. Excludes Mineral Insulated Cable or work associated with the installation, procurement or wiring of said cable. 9. Excludes Maintenance or troubleshooting not associated with the scope of work described above. 10. Excludes Air or Water test & balancing 11. Work associated with occupancy/motion detector(s) 12. Excludes 3rd Party Commissioning or commissioning assistance unless noted otherwise in this proposal. 13. Excludes liquidated damages. 14. All invoices are net thirty (30) days. 15. Excludes any and all items not specifically mentioned in the document above. PLEASE FILL OUT IF YOU WILL BE PROVIDING JOHNSON CONTROLS WITH YOUR CONTRACT IN THE NEAR FUTURE 1. Will retention be withheld? (circle one) YES NO if yes, how much________% 2. If you are providing your contract to Johnson Controls for this project, what are the payment terms stated in your contract? ______________________________________________ 3. Email address for sending invoices ___________________________________________ 4. Is a P.O. needed for invoices, if yes, please provide P.O. __________________________? 5. Is certified payroll required? (circle one) YES NO • If yes, are the reports (circle one) • STATE CERTIFIED PAYROLL or FEDERAL DAVIS BACON WAGE 6. Please provide an email address for emailing certified payroll reports (if applicable): ______________________________________________________________________ 102Cancelled © Johnson Controls P Page 4 of 7 Created on: 06/20/2023 Signatures This proposal is hereby accepted, and Johnson Controls is authorized to proceed with the work, subject however, to credit approval by Johnson Controls. This proposal is Valid for 30 Calendar days Signature Signature Company: Name: Name: Brandon Karroll PO #: Title: Sales Engineer Construction Date: CUSTOMER APPROVAL: Please check the applicable box indicating Customer Purchase Order (PO) Requirements: ▢ No PO Required ▢ Single PO Required for Initial Term ▢ Annual PO Required Select this checkbox if you prefer paperless invoice delivery. Invoices should be emailed to the following Accounts Payable email address in Lieu of standard US mail (if applicable): ▢ AP Email Address: ______________________________________________________________ Standard Terms and Conditions – U.S.A. and Canada (1) AGREEMENT AND LIMITATIONS. This document (the “Agreement”) sets forth the terms and conditions of any sale by Seller of the specified product, equipment or services indicated on the reverse side hereof or attachment and is expressly made conditional on the as sent of Buyer (hereinafter “Buyer”) to these Standard Terms and Conditions. Buyer’s acceptance of any part of the product, equipment or services sold or Buyer’s instructions to Seller to begin work or to ship any product or equipment after receipt of these Standards Terms and Conditions shall constitute such assent, and a waiver of all terms and conditions in its purchase order or similar document which are different from or a dditional to those set forth herein. Seller’s failure to object to provisions contained in any communication from Buyer shall not be deemed a waiver of these Standard Terms and Conditions. References to “products” or “equipment” herein shall mean the product and equipment to be furnished by Seller as identified on the applicable Seller Quotation. These Standard Terms and Conditions may be modified or rescinded only by a writing signed by authorized representatives of both Seller and Buyer. . (2) TERMINATION OR MODIFICATION. Accepted orders may by cancelled or modified by Buyer only with Seller's express written consent. If cancellation or modification is allowed, Buyer agrees to pay to Seller all expenses incurred and damage sustained by Seller on ac count of such cancellation or modification, plus a reasonable profit. (3) PRICE, SHIPMENT, AND PAYMENT. Prices on accepted orders are firm for a period of 90 days from date of acceptance. Prices for products may be adjusted by Seller, upon notice to Buyer at any time prior to shipment, to reflect any increase in Seller’s cost of raw materials (e.g., steel, aluminum) incurred by Seller after issuance of Seller’s applicable proposal or quotation. Price and delivery is F.O.B. point of manufacture, unless otherwise provided. Unless otherwise agreed to in writing by Seller, all payments are due net thirty (30) days from the date of invoice. Seller may, at its sole option, have the right to make any delivery under this Agreement payable on a cash or payment guarantee before-shipment basis. In the case of export sales, unless otherwise agreed to in writing by Seller, all payments are to be b y means of a confirmed irrevocable letter of credit. Invoicing disputes must be identified in writing within 21 days of the date of invoice. Payments of any disputed amounts are due and payable upon resolution. All other amounts remain due within 30 days. In the event of Buyer’s default, the balance of any outstanding amounts will be immediately due and payable. Failure to make payments when due will give Seller, without prejudice to any other right or remedy, the right to: (i) stop performing any services, withhold deliveries of equipment and other materials, terminate or suspend any unpaid software licenses, and/or terminate this Agreement; and (ii) charge Buyer interest on the amounts unpaid at a rate equal to the lesser of one and one half (1.5) percent per month or the maximum rate permitted under applicable law, until payment is made in full. Shipments to Buyer with outstanding invoices unpaid after thirty (30) days will be suspended until all overdue invoices are paid or be made on a cash-in-advance basis only, in Seller’s sole discretion. 103Cancelled © Johnson Controls P Page 5 of 7 Created on: 06/20/2023 (4) DEPOSIT. Buyer agrees to pay a deposit equal to 50% of the sell price (pre-tax) prior to Seller performing work. Seller will generate an invoice for the 50% deposit within three business days after Seller’s receipt of a written agreement or order from Buyer. Seller will not commence work until receipt of the deposit. (5) TAXES. All prices exclude federal, harmonized, state/provincial and local use, sales or similar applicable taxes. Such taxes, if app licable, will appear as separate items on the invoice unless Buyer provides a tax exemption certificate that is acceptable to taxing authorities. (6) DELIVERY. The delivery date(s) provided by Seller for the product and equipment is only an estimate and is based upon prompt receipt of all necessary information from Buyer. The delivery date(s) is subject to and shall be extended by delays caused by strikes, fires, accidents, shortages of labor or materials, embargoes, or delays in transportation, compliance with government agency or official requests, or any other similar or dissimilar cause beyond the reasonable control of Seller. FAILURE TO DELIVER WITHIN THE TIME ESTIMATED SHALL NOT BE A MATERIAL BREACH OF CONTRACT ON SELLER'S PART. If Buyer causes Seller to delay shipment or completion of the product or equipment, Seller shall be entitled to any and all extra cost and expenses resulting from such delay. (7) LIMITED WARRANTY. Seller warrants that the product and equipment furnished by Seller under this Agreement will be of good quality and that the services provided by Seller will be provided in a good and workmanlike manner for a period of twelve (12) months fro m initial product startup, or eighteen (18) months from product shipment, whichever occurs first (the “Warranty Period”) unless such Warranty Period is modified by Seller’s proposal. Alongside this limited warranty, for all new York™ air or water-cooled chillers and/or Metasys™ building automation systems installed in the US and Canada and sold through Seller owned and operated branches,Seller also provides a Year One Service Agreement for such equipment, the scope, limitations, terms and conditions of which are at https://www.johnsoncontrols.com/yearoneservice (collectively, “Year One Service”). Seller will not provide a credit against purchase price if offered Year One Service is declined. No warranty is provided for third- party products and equipment installed or furnished by Seller. Such products and equipment are provided with the third-party manufacturer’s warranty to the extent available, and Seller will transfer the benefits together with all limitations of that manufacturer’s warranty to Buyer. This warranty does not cover failures caused in whole or in part by (i) improper installation or maintenance performed by anyone other than Seller; (ii) improper use or application; (iii) corrosion; (iv) normal deterioration; (v) operation beyond rated capacity, (vi) the use of replacement parts or lubricants which do not meet or exceed Seller’s specifications, or (vii) if Seller’s serial numbers or warranty date decals h ave been removed or altered. To qualify for warranty consideration for products or equipment, at the earlier of the Buyer’s discovery of the defect or the time at which the Buyer should have discovered the defect; Buyer must immediately notify Seller in writing for instructions on warranty procedures. Seller's sole obligation for defective services shall be to repair or to replace defective parts or to properly redo defective services. All replaced equipment becomes Seller’s property. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE HEREBY DISCLAIMED. THESE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller makes no and specifically disclaims all representations or warranties that the services, products, software or third party product or software will be secure from cyber threats, hacking or other similar malicious activity or will detect the presence of, or eliminate, treat, or mitigate the spread, transmission, or outbreak of any pathogen, disease, virus or other contagion, including but not limited to COVID 19. (8) INDEMNIFICATION, REMEDIES AND LIMITATIONS OF LIABILITY. In addition to Paragraph 8 below regarding patents, Buyer agrees that Seller shall be responsible only for such injury, loss, or damage caused by the intentional misconduct or the negligent act or omission of Seller. In the event Buyer claims Seller has breached any of its obligations under the Agreement, whether of warranty or otherwise, Seller may request the return of the goods and tender to Buyer the purchase price theretofore paid by Buyer, and in such event, Seller shall have no further obligation under the Agreement except to refund such purchase price upon redelivery of the goods. If Seller so requests the return of the go ods, the goods shall be redelivered to Seller in accordance with Seller's instructions and at Seller's expense. The remedies contai ned in these Standard Terms and Conditions shall constitute the sole recourse of Buyer against Seller for breach of any of Seller's obligations under the Agreement, whether of warranty or otherwise. To the maximum extent permitted by law, in no event shall Seller and its affiliates and their respective personnel, suppliers and vendors (“JCI Parties”) be liable to Buyer or any third party under any cause of action or theory of liability, even if advised of the possibility of such damages, for any: (a) special, indirect, incidental, punitive, or consequential damages; (b) lost profits, revenues, data, customer opportunities, business, anticipated savings or goodwill; (c) business interruption; or (d) data los s or other losses arising from viruses, ransomware, cyber-attacks or failures or interruptions to network systems. In any case, the entire aggregate liability of the JCI Parties under this Agreement for all damages, losses and causes of action, whether in contract, tort (in cluding negligence), or otherwise) shall be limited to the purchase price paid by Buyer hereunder.. (9) PATENTS. Seller shall defend, or at its option settle, any action against Buyer brought by a third party to the extent that the action is based upon a claim that the products or equipment provided under the Agreement in the United States infringes any U.S. patents or copyrights 9or in Canada infringes on any Canadian patents or copyrights), or misappropriates any trade secrets of a third party (“Claim”), provided that: (i) Buyer gives Seller prompt written notice of any such Claim, (ii) Buyer gives Seller full authority to defend or settle any such Claim, and (iii) Buyer gives Seller proper and full information and assistance, at Seller’s expense (except for Buyer’s employees’ time) to defend or settle any such Claim. Seller will pay those costs and damages finally awarded against Buyer in the action that are specifically attributable to the claim or those costs and damages agreed to in a monetary settlement of the action. THE FOREGOING IS IN LIEU OF ANY WARRANTIES OF NONINFRINGEMENT, WHICH ARE HEREBY DISCLAIMED. The foregoing obligation of Seller does not apply with respect to products or equipment or portions or components thereof (a) not supplied by Seller, (b) made in whole or in part in accordance to Buyer or owner specifications, (c) which are modified after shipment by Seller, if the alleged infringement related to such modification, (d) combined with other products, process es or materials where the alleged infringement relates to such combination, (e) where Buyer continues allegedly infringing activity after being notified thereof and/or after being informed of modifications that would have avoided the alleged infringement without significant loss of performance or functionality, or (f) where Buyer’s use of the product or equipment is incident to an infringement not resulting primarily from the product or equi pment; Buyer will indemnify Seller and its officers, directors, agents, and employees from all damages, settlements, attorneys’ fees and expenses related to a claim of infringement, misappropriation, defamation, violation of rights of publicity or privacy excluded from Seller’s indemnity o bligation herein. (10) GOVERNING LAW. For any goods or work performed in the U.S., the formation and performance of the Agreement shall be governed by the laws of the State of Wisconsin, U.S.A. For any goods or work performed in Canada, the Agreement shall be governed by the laws of Ontario. Other than claims for unpaid contract amounts by Seller, any action for breach of the Agreement or any covenant or warranty must be commenced within one year after the cause of action has accrued unless such provision is not permitted by applicable law. (11) DISPUTE RESOLUTION. Seller shall have the sole and exclusive right to determine whether any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be submitted to a court of law or arbitrated. The venue for any s uch arbitration shall be in Milwaukee, Wisconsin for U.S. sales, and Toronto, Ontario for Canadian sales. The arbitrator’s award may be confirmed and reduced to judgment in any court of competent jurisdiction. In the event the matter is submitted to a court, Seller and Buyer hereby agree to waive their right 104Cancelled © Johnson Controls P Page 6 of 7 Created on: 06/20/2023 to trial by jury and covenant that neither of them will request trial by jury in any such litigation. Buyer will pay all of S eller’s reasonable collection costs (including legal fees and expenses). (12) SOFTWARE AND DIGITAL SERVICES. Use, implementation, and deployment of the software and hosted software products (“Software”) offered under these terms shall be subject to, and governed by, Seller’s standard terms for such Software and Software relate d professional services in effect from time to time at https://www.johnsoncontrols.com/techterms(collectively, the “Software Terms”). Applicable Software Terms are incorporated herein by this reference. Other than the right to use the Software as set forth in the Software Terms, Seller and its licensors reserve all right, title, and interest (including all intellectual property rights) in and to the Software and improvements to the Software. The Software that is licensed hereunder is licensed subject to the Software Terms and not sold. If there is a conflict between the other terms herein and the Software Terms, the Software Terms shall take precedence and govern with respect to rights and responsibilities relating to t he Software, its implementation and deployment and any improvements thereto. Notwithstanding any other provisions of this Agreement, unless otherwise set forth herein, the following terms apply to Software that is provided to Buyer on a subscription basis (i.e., a time limited license or use right), (each a “Software Subscription”): Each Software Subscription provided hereunder will commence on the date the initial credentials for the Software are made available (the “Subscription Start Date”) and will continue in effect until the expiration of the subscription term noted herein. At the expiration of the Software Subscription, such Software Subscription will automatically renew for consecutive one (1) year terms (each a “Renewal Subscription Term”), unless either party provides the other party with a notice of non-renewal at least ninety (90) days prior to the expiration of the then-current term. To the extent permitted by applicable law, Software Subscriptions purchases are non-cancelable and the sums paid nonrefundable. Fees for Software Subscriptions shall be paid annually in advance, invoiced on the Subscription Start Date and each subsequent anniversary thereof. Unless otherwise agreed by the parties in writing, the subscription fee for each Renewal Subscription Term will be priced at Seller’s then-applicable list price for that Software offering. Any use of Software that exceeds the scope, metrics or volume set forth in this Agreement will be subject to additional fees based on the date such excess use began. (13) PRIVACY. Seller as Processor: Where Seller factually acts as Processor of Personal Data on behalf of Buyer (as such terms are defined in the DPA) the terms at www.johnsoncontrols.com/dpa(“DPA”) shall apply. Seller as Controller: Seller will collect, process and transfer certain personal data of Buyer and its personnel related to the business relationship between it and Buyer (for example names, email addresses, telephone numbers) as controller and in accordance with Seller’s Privacy Notice at https://www.johnsoncontrols.com/privacy. Buyer acknowledges Seller’s Privacy Notice and strictly to the extent consent is mandatorily required under applicable law, Buyer consents to such collection, processing and transfer. To the extent consent to such collection, processing and transfer by Seller is mandatorily required from Buyer’s personnel under applicable law, Buyer warrants and represents that it has obtained such consent. (14) CONNECTED EQUIPMENT SERVICES. Certain equipment sold hereunder includes by default Seller’s Connected Equipment Services. Connected Equipment Services is a data-analytics and monitoring Software platform that uses a cellular or network connection to gather equipment performance data to assist Seller in advising Buyer on (and Buyer in better understanding) such equipment’s health, performance or potential malfunction. If Buyer’s equipment includes Connected Equipment Services, such services will be on by default and the remote connection will continue to connect to Buyer’s Equipment through the full equipment lifecycle, unless Buyer specifically requests in writing that Seller disable the remote connection or Seller discontinues or removes such remote connection. For more information on whether your particular equipment includes Connected Equipment Services, a subscription to such services and the cost, if any , of such subscription, please see your applicable order, quote, proposal, or purchase documentation or talk to your Seller sales r epresentative. If Buyer’s equipment includes Connected Equipment Services, Seller will provide a cellular modem or other gateway device (“Gateway Device”) owned by Seller or Buyer will supply a network connection suitable to establish a remote connection with Buyer’s applicable equipment to permit Seller to use Connected Equipment Services to perform first-year and extended warranty services as well as other services, including troubleshooting, quarterly health reports, remote diagnostic and monitoring and aftermarket services. For certain subscriptions, Buyer will be able to access equipment information from a mobile or smart device using Connected Equipment Service’s mobile or web app. Any Gateway Device s provided hereunder shall remain Seller’s property, and Seller may upon reasonable notice access and remove such Gateway Device and discontinue services in accordance with the Software Terms. If Buyer does not permit Seller to connect via a connection validated by Seller for the equipment or the connection is disconnected by Buyer, and a service representative must therefore be dispatched to the Buyer site, then the Buyer will pa y Seller at Seller’s then-current standard applicable contract regular time and/or overtime rate for services performed by the service representative. Seller disclaims any obligation to advise Buyer of any possible equipment error or malfunction. Buyer acknowledges that, while Connected Equipment Services generally improve equipment performance and services, Connected Equipment Servic es does not prevent all potential malfunction, insure against all loss or guarantee a certain level of performance and that Seller shall not be responsible for any injury, loss, or damage caused by any act or omission of Seller related to or arising from the monitoring of the equipment under Connected Equipment Services. (15) MISCELLEANEOUS (a) CHANGES OF CONSTRUCTION AND DESIGN: Seller reserves the right to change or revise the construction and design of the products or equipment purchased by Buyer, without liability or obligation to incorporate such changes to products or equipment ordered by Buyer unless specifically agreed upon in writing reasonably in advance of the delivery date for such products or equipment. Buyer agrees t o bear the expense of meeting any changes or modifications in the scope of this Agreement or in local code requirements which become effective after Seller has accepted Buyer’s order. (b) CHARACTER OF PRODUCT AND SECURITY INTEREST: The goods delivered by Seller under the terms of the Agreement shall remain personal property and retain its character as such no matter in what manner affixed or attached to any structure or property. Buyer grants Seller a security interest in said goods, any replacement parts and any proceeds thereof until all sums due Seller have been paid to it in cash. This security interest shall secure all indebtedness or obligations of whatsoever nature now or hereafter owing Buyer to Seller. B uyer shall pay all expenses of any nature whatsoever incurred by Seller in connection with said security interest.Notwithstanding anything to the contrary contained herein, the terms of this Agreement shall be subject to the mechanics lien legislation applicable to the location where the work will be performed. (c) INSURANCE: Buyer agrees to insure the goods delivered under the Agreement in an amount at least equal to the purchase price against loss or damage from fire, wind, water or other causes. The insurance policies are to be made payable to Seller and Buyer in accordance with their respective interests, and when issued are to be delivered to Seller and held by it. Failure to take out and maintain such ins urance shall entitle Seller to declare the entire purchase price to be immediately due and payable and shall also entitle Seller to recover possession of said goods. (d) INSTALLATION: If installation by the Seller is included within the Seller’s Quotation, Buyer shall provide all of the following at its own expense and at all times pertinent to the installation: i) free, dry, and reasonable access to Buyer’s premises; and ii) proper foundations, lighting, power, water and storage facilities reasonably required. If any change in the scope of this Agreement or schedule for performance is ordered or directed by the Buyer (or any other party to the installation other than Seller) or any Force Majeure Event causes an increase in the cost or time required 105Cancelled © Johnson Controls P Page 7 of 7 Created on: 06/20/2023 for Seller’s performance of the work, Buyer shall make an upward equitable adjustment in the contract price or time of performance or both. Seller’s additional costs, plus reasonable overhead and profit, shall be paid in full no later than 30 days from completion of such work. (e) COMPLIANCE WITH LAWS: Seller’s obligations are subject to the export administration and control laws and regulations of the United States and Canada. Buyer shall comply fully with such applicable laws and regulation in the export, resale or disposition of purchased products or equipment. Quotations or proposals made, and any orders accepted by Seller from a Buyer outside the United States or Canada a re with the understanding that the ultimate destination of the products or equipment is the country indicated therein. Diversion of the products or equipment to any other destination contrary to the United States or Canada, as applicable, is prohibited. Accordingly, if the foregoing understanding is incorrect, or if Buyer intends to divert the products or equipment to any other destination, Buyer shall immediately inform Seller of the correct ultimate destination. (f) BUYER RESPONSIBILITIES: Buyer is solely responsible for the establishment, operation, maintenance, access, security and other aspects of its computer network (“Network”) and shall supply Seller secure Network access for providing its services. Products networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access. Buyer is responsible to take appropriate measures, including performing back -ups, to protect information, including without limit data, software, or files (collectively “Data”) prior to receiving the service or products. (g) FORCE MAJUERE: Seller shall not be liable, nor in breach or default of its obligations under this Agreement, for delays, interruption, failure to render services, or any other failure by Seller to perform an obligation under this Agreement, where such delay, interruption or failure is caused, in whole or in part, directly or indirectly, by a Force Majeure Event. A “Force Majeure Event” is a condition or event that is beyond the reasonable control of Seller, whether foreseeable or unforeseeable, including, without limitation, acts of God, severe weather (including but not limited to hurricanes, tornados, severe snowstorms or severe rainstorms), wildfires, floods, earthquakes, seismic disturbances, or other natural disasters, acts or omissions of any governmental authority (including change of any applicable law or regulation), epidemics, pandemics, disease, viruses, quarantines, or other public health risks and/or responses thereto, condemnation, strikes, lock-outs, labor disputes, an increase of 5% or more in tariffs or other excise taxes for materials to be used on the project, fires, explosions or other casualties, thefts, vandalism, civi l disturbances, insurrection, mob violence, riots, war or other armed conflict (or the serious threat of same), acts of terrorism, electrical power outages, interruptions or degradations in telecommunications, computer, network, or electronic communications systems, data breach, cyber -attacks, ransomware, unavailability or shortage of parts, materials, supplies, or transportation, or any other cause or casualty beyond the reasonable control of Seller. If Seller’s performance of the work is delayed, impacted, or prevented by a Force Majeure Event or its continued effects, Seller shall be excused from performance under the Agreement. Without limiting the generality of the foregoing, if Seller is delayed in achieving one or more of the scheduled milestones set forth in the Agreement due to a Force Majeure Event, Seller will be entitled to extend the relevant completion date by the amount of time that Seller was delayed as a result of the Force Majeure Event, plus such additional time as may be reasonably necessa ry to overcome the effect of the delay. To the extent that the Force Majeure Event directly or indirectly increases Seller’s cost to perform the services, Buyer is obligated to reimburse Seller for such increased costs, including, without limitation, costs incurred by Seller for additional labor, inventory storage, expedited shipping fees, trailer and equipment rental fees, subcontractor fees or other costs and expenses incurred by Seller in connection with the Force Majeure Event. (h) ONE-YEAR CLAIMS LIMITATION: No claim or cause of action, whether known or unknown, shall be brought against Seller more than one year after the claim first arose. Except as provided for herein, Seller’s claims must also be brought within one year. Claims for unpaid contract amounts are not subject to the one-year limitation. T&C Version: 7/29/2021   106Cancelled Reference: Salesman: 2/15/23 1 of 1QUOTATION Estimate No: MSS HAL 105082 - 1MISTOP (Division of Acme Mfg. Corp.) 6532 Tower Lane Claremore, OK 74019 (800) 647-8671 Toll Free (918) 266-3091 Fax Revised 6/6/2023 Part Number Item Description Qty Cost Ea.Tot Cost Wt. Ea Tot Wt Class SOLD TO: BPSC 3701 RIVER DRIVE NORTH CENTRAL PLUMBING & HEATING GREAT FALLS, MT 59405 FAX: PROJECT: PHONE: M166 OFFICE: ATTENTION:RYAN CALBICK CUSTOMER NO: 406-727-0000 CARRIER: FOB: FREIGHT:ALLOWED CLAREMORE, OK OLD DOMINION * Main Office WHI31X60X38 A05 FR1 WALL HOOD INTAKE Alum .050 31"H x 60"L x 38"D, 1" Filter Rack 2 $1,326.17 $2,652.34 106 200 212 Tags: Two Stack MSS35X60X1 S04 V208 SnoStop Panel 35 H x 60 L x 1 T 304 Stainless Steel 208 Volt/60/1 180 Watt/Sf 2 $2,656.66 $5,313.32 46 85 92 Tags: 2,888 watts ea, 13.9 amps ea TOTALS: F.O.B. CLAREMORE, OK. 304 LBS $945.00 $8,910.66 Freight Tot WtTot PcsClass 2 212200 2 9285 304 4 Thank You For The Opportunity To Quote Hal Lewis 107Cancelled DETAIL A A MISTOP (Division of Acme Mfg. Corp.) 6532 Tower Lane Claremore, OK 74019 (800) 647-8671 Toll Free (918) 266-3091 FaxDescription 1 2 3 ALUM. WEATHER HOOD 2" ALUM. MATING FLANGE SNOSTOP PANEL H:\EngineeringShared\Dcaddata\MISTOP\Submittals\Submittal-MSS-WHI-Stack2 A "H" Dim SnoStop A B A C DD A C CBD Dimensional Information Tag 38" 60" 38" 66" 31" 31" 36" 66" 3) 20"x36"x1" washable mesh AL filters 3) 20"x36"x1" washable mesh AL filters Hood Material 26 gauge, painted flat black, utilize black screws and anchors, install 3/4" birdscreen at wall ERV-1 OPT 1 108Cancelled Change Estimate Report Project:Bozeman Public Safety Center CE No:164 Project #19426 Revision # Change Source: Owner's Request Date:10/10/2023 Description:Digital Signage System Return Return of digital signage system per the request of the City of Bozeman. Category Description Quantity Unit Unit Cost Total DEDUCT FROM CONTINGENCY $- 27B.2740 Digital Sign Operating System (1)sum $ 18,700.92 $ (18,700.92) $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- $- SUBTOTAL $ (18,700.92) GC/CM Business Insurance 0.625%$ (116.89) CM Fee 3.2%$ (602.17) Bond 1.0%$ (194.20) TOTAL $ (19,614.18) 109Cancelled Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2114 Provisional Adoption to Establish an Initial Zoning Designation of R-3 (Residential Medium Density District) in Association with the Annexation of 1.17 Acres, the South 3rd Annexation, Application 21161 MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2114 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission approved Application 21161 on February 1, 2022 to annex 1.17 acres and establish an initial zoning designation of R-3 (Residential Medium Density District) subject to terms of annexation and contingencies for zoning. Final documents and easements were received by the Applicant on October 5, 2023. The property is on the west side of south 3rd Avenue and to the southeast of the Museum of the Rockies property. The property underwent a Growth Policy Amendment in December 2021 to change the designation from PLI to Urban Neighborhood, see Resolution No. 5367. Subsequently an application to annex the property and establish an initial municipal zoning of R-3 was submitted, reviewed, and approved. South 3rd Avenue is a designated collector street in the Bozeman Transportation Plan. This annexation will bring in additional right of way to build out South 3rd Avenue to the full city street classification as would be required with future development. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Urban Neighborhood” which includes the R-3 district as an implementing zoning district. The property currently hosts a detached single-household residential 110Cancelled structure connected to an individual well and septic system. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 2913-00821 11x17 ZMA 4-11-22.pdf 21161 South 3rd ZMA Ordinance 2114.pdf Report compiled on: November 20, 2023 111Cancelled 112Cancelled Ord 2114 Page 1 of 5 ORDINANCE 2114 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO ESTABLISH INITIAL ZONING OF R-3, RESIDENTIAL MEDIUM DENSITY DISTRICT, KNOWN AS THE SOUTH 3RD ZONE MAP AMENDMENT, APPLICATION 21161. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish municipal zoning on 1.17 acres to R-3 (Residential Medium Density District) has been properly submitted, reviewed, and advertised; and 113Cancelled Ordinance No. 2114, South 3rd ZMA Page 2 of 5 WHEREAS, after proper notice, the Bozeman Zoning Commission held a public hearing on January 3, 2022 to receive and review all written and oral testimony on the request fo r a zone map amendment; and WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21161 the South 3rd Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on February 1, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as R-3, Residential Medium Density District: An area of land comprised described as follows: Beginning at a point (POB), that is a 2" Brass Cap in a Metal Monument Box, and which is the Northeast Corner of Section 24, Township 2 South, Range 5 East, Principal Meridian Montana, Gallatin County, Montana; • thence S 89° 53' 31" E, along the line common to sections 18 and 19 of said T2S, R6E, a distance of 45.00 feet to a point; • thence leaving said section line and running S 00° 06' 29" W along the eastern boundary of said Fm174Pg5212 deed parcel, a distance of 165.05 feet to a point; 114Cancelled Ordinance No. 2114, South 3rd ZMA Page 3 of 5 • thence N 89° 53' 31" W, a distance of 45.00 feet to a point on the range line and the line common to sections 19 and 24; • thence S 88° 58' 09" W, a distance of 263.98 feet to a point; • thence N 00° 06' 11" E, a distance of 164.97 feet to a point on the line common to sections 13 and 24 of said T2S, R5E; • thence N 88° 57' 03" E, a distance of 264.00 feet along said line common to sections 13 and 24 to the POB. Said Tract being 50,970 square feet or 1.17 acres more or less, along with and subject to all easements of record. Section 2 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 3 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 4 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. 115Cancelled Ordinance No. 2114, South 3rd ZMA Page 4 of 5 Section 5 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 116Cancelled Ordinance No. 2114, South 3rd ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ______ day of ______________, 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2023. The effective date of this ordinance is _____________, ____, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 117Cancelled Memorandum REPORT TO:City Commission FROM:Tom Rogers, Senior Planner Chris Saunders, Community Development Manager Erin George, Deputy Director of Community Development Anna Bentley, Director of Community Development SUBJECT:Ordinance 2120 Provisional Adoption to Establish an Initial Zoning Designation of B-2M (Community Business-Mixed District) in Association with the Annexation of 8.55 Acres, the 6590 Davis Lane Annexation, Application 21443 MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Ordinance RECOMMENDATION:Provisionally adopt Ordinance 2120 STRATEGIC PLAN:4.2 High Quality Urban Approach: Continue to support high-quality planning, ranging from building design to neighborhood layouts, while pursuing urban approaches to issues such as multimodal transportation, infill, density, connected trails and parks, and walkable neighborhoods. BACKGROUND:The Commission approved Application 21443 on June 28, 2022 to annex 8.55 acres and establish an initial zoning designation of B-2M (Community Business-Mixed) subject to terms of annexation and contingencies for zoning. Final documents and easements were received by the Applicant on July 19, 2023. A signed annexation agreement has been received. The property is bordered by Davis Lane to the west (a Bozeman classified minor arterial street). The proposed annexation would bring in additional right of way to build out Davis Lane to the full city street classification as would be required with future development. The Future Land Use Map in the Bozeman Community Plan (BCP) 2020 designates the property as “Community Commercial Mixed Use” which includes the B-2M district as an implementing zoning district. The property currently hosts a detached single-household residential structure connected to an individual well and septic system. The property is surrounded to the north, east, and south by other similar residential properties utilizing individual well and septic systems. There is an existing 24 inch sanitary sewer pipe in Davis Lane. Water supply is installed in adjacent streets of Galloway and Kimerwicke Streets west of 118Cancelled Davis Lane. UNRESOLVED ISSUES:None ALTERNATIVES:As determined by the Commission. FISCAL EFFECTS:No unusual fiscal effects have been identified. No presently budgeted funds will be changed by this Annexation or Zone Map Amendment. Future development will incur costs and generate review according to standard City practices. Attachments: 21443 DavisLaneProperty_Annexation&ZoningMap.pdf 21443 6590 Davis Lane ZMA Ordinance 2120.pdf Report compiled on: November 20, 2023 119Cancelled 120Cancelled Ord 2120 Page 1 of 5 ORDINANCE 2120 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING THE CITY OF BOZEMAN ZONING MAP TO INITIALLY DESIGNATE 8.55 ACRES AS B-2M, COMMUNITY BUSINESS MIXED DISTRICT, KNOWN AS THE 6590 DAVIS LANE ZONE MAP AMENDMENT, APPLICATION 21443. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Section 2.05.2700, BMC as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 2 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, the proposed zone map amendment application to amend the City of Bozeman Zoning Map to establish a zoning classification of B-2M (Community Business Mixed) for approximately 8.55 acres has been properly submitted, reviewed, and advertised; and WHEREAS, after proper notice, the Bozeman Community Development Board acting in their capacity as the Zoning Commission held a public hearing on June 6, 2022 to receive and review all written and oral testimony on the request for a zone map amendment; and 121Cancelled Ordinance No. 2120, 6590 Davis Lane ZMA Page 2 of 5 WHEREAS, the Bozeman Zoning Commission recommended to the Bozeman City Commission that application No. 21443 the 6590 Davis Lane Zone Map Amendment, be approved as requested by the applicant; and WHEREAS, after proper notice, the City Commission held its public hearing on June 28, 2022, to receive and review all written and oral testimony on the request for the zone map amendment; and WHEREAS, the City Commission has reviewed and considered the zone map amendment criteria established in Section 76-2-304, M.C.A., and found that the proposed zone map amendment would be in compliance with the criteria. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That the zoning district designation of the following-described property is hereby designated as B-2M, Community Commercial Mixed District: An area of land comprised described as follows: A tract of land being the Tract shown on Film 9, Page 45, located in the Southwest One- Quarter of Section 35, Township 1 South, Range 5 East, Principal Meridian Montana, City of Bozeman, Gallatin County, Montana, and being more particularly described as follows: Beginning at a point which bears North 01°24’03” East a distance of 994.81 feet from the Southwest Section Corner of said Section 35, said point being the Southwest corner of said Tract; thence North 01°24’03” East, along the West line of said Section 35, a distance of 636.34 feet; thence South 72°09’59” East, a distance of 1046.17 feet to a point on the Southwest One-Sixteenth line of said Section 35; thence North 89°06’03” West, along said One-Sixteenth line a distance of 341.62 feet; thence South 01°25’16” West, along the East line of the Southwest One-Quarter of the Southwest One-Quarter of the Southwest One- Quarter a distance of 331.51 feet; Thence North 89°06’31” West, a distance of 661.73 feet to the point of beginning; Said tract of land being 8.55 acres, along with and subject to any existing easements. 122Cancelled Ordinance No. 2120, 6590 Davis Lane ZMA Page 3 of 5 All as depicted on the 6590 DAVIS LANE PROPERTIES Annexation Map. Section 2 Legislative Findings The City Commission hereby makes the following findings in support of adoption of this Ordinance: 1. The City adopted a growth policy, the Bozeman Community Plan 2020, by Resolution 5133 to establish policies for development of the community including zoning; 2. The Bozeman Community Plan 2020, Chapter 5, sets forth the policies by which the City reviews and applies the criteria for amendment of zoning established in 76-3-304, MCA; 3. Zoning, including amendments to the zoning map, must be in accordance with an adopted growth policy; 4. A staff report analyzing the required criteria for a zone map amendment, including accordance to the Bozeman Community Plan 2020, has found that the required criteria are satisfied; 5. The two required public hearings were advertised as required in state law and municipal code and all persons have had opportunity to review the materials applicable to the application and provide comment prior to a decision; 6. The Bozeman Zoning Commission has been established as required in state law and conducted their required public hearing; and after consideration of application materials, staff analysis and report, and all submitted public comment recommended approval of the requested B-2M district. 7. The City Commission conducted a public hearing to provide all interested parties the opportunity to provide evidence and testimony regarding the proposed amendment prior to the City Commission acting on the application. 8. The City Commission considered the application materials, staff analysis and report, Zoning Commission recommendation, all submitted public comment, and all other relevant information. 9. The City Commission determines that, as set forth in the staff report and incorporating the staff findings as part of their decision, the required criteria for approval of the 6590 Davis Lane Zone Map Amendment have been satisfied. 123Cancelled Ordinance No. 2120, 6590 Davis Lane ZMA Page 4 of 5 Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a disposition list in numerical order with all other ordinances of the City and shall be organized in a category entitled “Zone Map Amendments.” Section 6 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 124Cancelled Ordinance No. 2120, 6590 Davis Lane ZMA Page 5 of 5 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ____th day of _____________ 2023. ____________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ____________________________________ MIKE MAAS City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ of ________________, 2023. The effective date of this ordinance is _____________, ____, 2023. _________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: _______________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 125Cancelled Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director SUBJECT:Resolution 5545 Establishing Animal License Fees MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Resolution RECOMMENDATION:Move to approve Resolution 5545 STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: Section 8.02.020 Bozeman Municipal Code (BMC) requires that every person, other than owners or keepers of commercial kennels, owning, keeping, or harboring any dog or cat over six months of age within the corporate limits of Bozeman shall cause such dog or cat to be registered, numbered, and licensed annually with the city department of finance and shall pay for such license an amount as set by resolution of the city commission. Until recently, all pet licensing renewals were done manually on an annual basis, and payments could only be taken in person or by mail. A new contract with Open Gov, Inc. was approved by the City Commission on November 14, 2023 which allows citizens to apply for and renew their pet licenses online. With the implementation of the new software, the finance department analyzed the fees we are currently charging for pet licenses, which have not been increased for more than 20 years. The rates proposed were developed to support the cost of the new software and personnel assigned to billing and collecting animal license fees, in addition to comparisons to neighboring communities to ensure reasonableness. UNRESOLVED ISSUES:None ALTERNATIVES:The City could continue to support the cost of collecting animal licensing fees with property tax and other discretionary General Fund Revenues. 126Cancelled FISCAL EFFECTS:The City is estimated to generate approximately $60K in revenues per year with the increased fees proposed. The revenue goes into the General Fund where it supports payment for the licensing software, staff time dedicated to billing and collection of licensing fees, and animal control officers. The remaining program costs are covered by property tax revenues. Attachments: 23.12.05 FY24 Fee Change Notice Animal License.docx 23.12.05-Resolution to Establish Animal License Fees.docx Report compiled on: August 10, 2023 127Cancelled NOTICE HEARING ON THE ADOPTION OF COMMISSION RESOLUTION NO. 5545 ESTABLISHING ANIMAL LICENSING FEES FOR THE CITY OF BOZEMAN. NOTICE IS HEREBY GIVEN, that said Commission Resolution No. 5545, is now on file in the office of the City Clerk of the City of Bozeman, subject to inspection of all persons interested, for a period of six (6) days from the date of first publication; that Tuesday, December 5, 2023, at 6:00 p.m. at a regular session of the Commission of the City of Bozeman. This has been designated as the time and place when and where the Commission will hear and pass upon any and all objections that may be made to the final passage and adoption of Commission Resolution No. 5545 and the rate setting; and that said Resolution will be finally passed and adopted at said regular session of said Commission, subject to such corrections and amendments that may be made upon objections made and filed with the City Clerk as provided by law. Under Commission Resolution No. 5545, animal licensing fees are proposed to be effective starting January 1, 2024. If you have a disability that requires assistance, please contact the City of Bozeman’s ADA Coordinator, Mike Gray, mgray@bozeman.net, at 582-3232 (TDD 582-2301). If you have questions about proposed fees, please contact Finance Director, Melissa Hodnett, mhodnett@bozeman.net at 582-2318. Dated this 20 th day of November, 2023. __________________________________ Mike Maas, City Clerk Legal Ad Publish: Saturday, November 25, 2023 Saturday, December 2, 2023 128Cancelled Version February 2023 RESOLUTION 5545 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANAESTABLISHING ANIMAL LICENSE FEES WHEREAS,Section 8.02.020 Bozeman Municipal Code (BMC) requires that every person, other than owners or keepers of commercial kennels, owning, keeping, or harboring any dog or cat over six months of age within the corporate limits of Bozeman shall cause such dog or cat to be registered, numbered, and licensed annually with the city department of finance and shall pay for such license an amount as set by resolution of the City Commission. WHEREAS,Section 8.02.060 BMC requires every person that owns, keeps, or harbors an exotic animal shall make application to the city commission for a special license in the manner provided in section 8.02.050 and said license shall only be issued according to procedures and criteria specified therein. WHEREAS,Section 8.02.070 BMC permits up to 15 female domestic chicken (hens) per permit holder and allows the city commission to establish a fee by resolution, and revise from time to time. WHEREAS,Section 8.02 BMC contains all City policies and procedures related to animal licensing and acquiring a license. WHEREAS,the City Commission of the City of Bozeman, following notice and public hearing, resolves to establish a new schedule of fees for pet licenses. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana, to wit: 129Cancelled Version February 2023 Fee Schedule Effective 1/1/24 Animal License Current Fee New Fee Unit Dog Spayed or Neutered $10.00 $25.00 Annually Dog Unaltered $25.00 $40.00 Annually Cat Spayed or Neutered $5.00 $15.00 Annually Cat Unaltered $10.00 $25.00 Annually Kennel License (more than 2 dogs or 2 cats)$50.00 $50.00 Annually Exotic Animal $25.00 $25.00 Annually Chicken Permit 1-6 Hens $25.00 $25.00 One Time Chicken Permit 7-15 Hens $50.00 $50.00 One Time Replacement (lost) Tag Fee $2.00 $5.00 As requested Late Fee $5.00 $5.00 As needed PASSED, ADOPTED, AND APPROVED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the _____ day of ___________________, 20____. ___________________________________ CYNTHIA L. ANDRUS Mayor ATTEST: ___________________________________ MIKE MAAS City Clerk APPROVED AS TO FORM: ___________________________________ GREG SULLIVAN City Attorney 130Cancelled Memorandum REPORT TO:City Commission FROM:Melissa Hodnett, Finance Director Kaitlin Johnson, Budget Analyst SUBJECT:FY25-29 Capital Improvement Plan (CIP) Presentation MEETING DATE:December 5, 2023 AGENDA ITEM TYPE:Finance RECOMMENDATION:Listen to the presentation, ask questions, and provide comments and feedback. STRATEGIC PLAN:7.5. Funding and Delivery of City Services: Use equitable and sustainable sources of funding for appropriate City services, and deliver them in a lean and efficient manner. BACKGROUND: We are proud to present to you the City of Bozeman 2025 - 2029 Capital Improvement Plan (CIP). This five-year Capital Improvement Plan (CIP) is a commitment to improving and maintaining the City of Bozeman’s infrastructure, facilities, parks, and roads to aid in the vision of Bozeman being the most livable place. Staff have taken a great deal of time and care in preparing this document and the proposed projects and plans. The CIP includes any planned expenditure of $25,000 or greater, that results in the acquisition of an asset with a useful life of three years or more, with a few exceptions such as large consulting services type projects. The five-year plan includes long-range plans for current facilities while balancing level of service standards, intergenerational equity, and potential rate/assessment impacts. The proposed plan can be found on the City’s website Under Finance and select Budget and Financial Reports at: https://www.bozeman.net/government/finance/budget-and-financial- reports. The CIP is presented in compliance with State and municipal code. State law requires the City to maintain a CIP for Development Impact Fee Funds. This CIP provides the schedules and cost projections required under Montana Code Annotated (MCA) 7-6-1602(2). In Article 5.06 of the adopted City Charter, the City Manager is responsible for preparing and submitting a 131Cancelled multi-year capital program to the City Commission no later than December 15th for the ensuing fiscal year. The CIP process begins in September of each year, when Finance works in coordination with City departments and the City Manager’s Office to recommend projects to the City Commission. The proposed CIP is developed in coordination with the City’s many long-range plans such as the Transportation Plan and the Water and Sewer Treatment and Collection Plan. Many of the City’s long-term plans establish level of service standards that are critical to planning for the needs of current and future City residents. In some cases, such as water quality and wastewater discharge, standards are established or guided by outside regulating bodies. Once identified, the 5-year CIP is presented to the Commission, which includes public hearings and Commission input prior to the final adoption. Final adoption is scheduled for December 12, 2023. Adoption of the CIP does not provide budget authority or bind the City in any way to perform a particular project. The adopted CIP is used as a guide in January through June as City staff work through the budget development process. During this time, departments will identify operational needs, Human Resources and Finance will assist with cost projections for next year, and more extensive financial modeling will occur to balance operational needs, capital needs and revenue projections and requirements. The result is the City Manager’s Recommended Budget which is typically presented to the City Commission in May and June and adopted in June. UNRESOLVED ISSUES: The planning process for capital purchases and capital infrastructure happens in many stages. The proposed CIP is one of the first stages in that process. It is a planning document that will be used to guide future budgetary proposals but does not guarantee funding for any specific project. During budget development, departments will identify operational needs that will require revenues in addition to what is required to complete this capital plan. Additional financial modeling will occur to balance projects, debt issuances and rate/assessment impacts. Projects will not be initiated unless funding is secured. ALTERNATIVES: 132Cancelled If the Commission would like to make suggestions for changes to the planned CIP Work Sessions, please do so tonight. FISCAL EFFECTS: The City's Capital Improvement Plan is a mid-range plan, adopted annually that identifies five years plus of capital infrastructure projects, equipment purchases, and other capital purchases that have been identified to maintain or improve City services. The CIP is a planning document and will be used as a guide for future budgetary proposals, but it does not guarantee funding for any specific project or commit the City to future purchases. More extensive financial models and potential rate impacts will be analyzed during the budget process and used to guide the City Manager's Recommended Budget. Report compiled on: November 20, 2023 133Cancelled