HomeMy WebLinkAbout23 - Annexation & Lot Mergers - PIECE INC - HERITAGE CHRISTIAN SCHOOL ANNEXATION Inter-office Original to
City of Bozeman
City Clerk
PO Box 1230
Bozematn,MT 54977 1-1 230
2793964
Page: 1 of 23 p1/1112023 12:48:51 PM Fee: $180..30
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HERITAGE CHRISTIAN SCHOOL
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT, hereinafter "Agreement," is made and entered
into this /G day of 'VI yQ 3C9 , 2022, 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 PIECE INC., 4310 Durston Road, Bozeman MT 59718,
hereinafter referred to as "Landowner". The City and Landowner are collectively referred to
hereinafter as "the parties."
WITNESSETH:
WHEREAS. Landowner is owner in fee of a tract of certain real property, hereinafter
referred to as the HERITAGE CHRISTIAN SCHOOL ANNEXATION situated in Gallatin
County, Montana, and more particularly described as follows:
An area of land comprised described as follows:
Tract B, Certificate of Survey 1829.
Heritage Christian School Annexation Agreement, Application#22170
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WHEREAS, the Landowner petitioned the City for annexation to the City of the
HERITAGE CHRISTIAN SCHOOL ANNEXATION; and
WHEREAS, the HERITAGE CHRISTIAN SCHOOL 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, the parties recognize the annexation of the HERITAGE CHRISTIAN
SCHOOL ANNEXATION pursuant to Section 7-2-4601, et seq., Mont. Code Ann. will allow the
HERITAGE CHRISTIAN SCHOOL 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
WHEREAS, the parties recognize development on the HERITAGE CHRISTIAN
SCHOOL ANNEXATION will impact area parks, recreation, transportation, police, and fire
services, and that future development may require additional public infrastructure, including
transportation, capacity for municipal water and sewer services, 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 HERITAGE CHRISTIAN SCHOOL
ANNEXATION; and
Heritage Christian School Annexation Agreement, Application#22170
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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.
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 and are hereby incorporated into this Agreement.
2. Annexation
The Landowner filed an application for annexation of the HERITAGE CHRISTIAN
SCHOOL ANNEXATION with the City on May 2, 2022. By execution of this Agreement, the
City manifests its intent to annex the HERITAGE CHRISTIAN SCHOOL 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 HERITAGE CHRISTIAN SCHOOL ANNEXATION. 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 HERITAGE
CHRISTIAN SCHOOL ANNEXATION.
3. Services Provided
The City will, upon annexation, make available to the HERITAGE CHRISTIAN SCHOOL
ANNEXATION existing City services only to the extent currently available, or as provided in this
Agreement.
4. Municipal Water Service Defined
Heritage Christian School Annexation Agreement, Application # 22170
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The term "municipal water service" as used in this agreement is the service 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 HERITAGE CHRISTIAN SCHOOL
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
HERITAGE CHRISTIAN SCHOOL ANNEXATION including, 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 used in this Agreement is the service 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 HERITAGE CHRISTIAN SCHOOL ANNEXATION.
Nothing in this Agreement shall obligate the City to pay for right-of-way acquisition, engineering,
construction, and other costs for the collection of sewage services to or within the HERITAGE
CHRISTIAN SCHOOL ANNEXATION including, but not limited to, any impact fees, hookup,
connection, or development charges which may be established by the City.
6. Water Rights
The Landowner specifically recognizes and agrees the Landowner must provide water
rights or cash in-lieu of water rights upon further development, connection to water service, or
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subdivision of the property in accordance with Section 38.410.130, Bozeman Municipal Code.
The City will calculate the amount of water rights or cash-in-lieu thereof due at the time of further
development, connection to water service, or subdivision of the property 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
applicant must perform a water rights search to determine if any exist for this property. The
Landowner must transfer any useful water rights the City requires for this property to the City of
Bozeman prior to development. 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.
7. Sewer Connections
The applicant must properly abandon the existing on-site septic tank and leach field prior
to connection to the City sanitary sewer system. The abandonment of the septic system and
connection to the sanitary sewer system must be completed by August 15th, 2023. If the system
fails prior to August 15th, 2023, the applicant must abandon the system and connect to the City's
sanitary sewer system. 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 must notify the City Water and Sewer Superintendent a minimum of 48
fours 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
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sewer system, the 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 the
sanitary sewer line from existing structures to the septic tank has been completely disconnected
from the existing septic system prior to the Landowner connecting to the City sanitary sewer
system.
The City Water and Sewer Division may perform an inspection of the property to confirm
that the disconnection and septic system abandonment are properly completed. Landowner
understands and agrees that if Landowner fails to properly abandon the existing septic system the
City may, upon ten day's written notice to the Landowner, terminate water and/or sewer services
to the property. The cost of all disconnects and subsequent reconnects shall be borne by
Landowner.
Service Meter (Wastewater Rates and Charges). The applicant will need to install a
standard municipal meter on the domestic water supply well in order for the City to determine the
amount of wastewater being discharged into the City's sanitary sewer collection system. The
wastewater service connection and meter will need to be designed to satisfy BMC standards. Prior
to connecting to the City's sanitary sewer system the meter and associated components must be
formally reviewed and approved by the City.
8. Water connections
The subject property currently has two (2) wells. Well number one is considered non-
domestic and is used for irrigating the property. Well number two is an active public water supply
well that supplies domestic water to the school. Well number two is registered as a Public Water
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Supply with the Montana Department of Environmental Quality (Water System #MT0003518),
which is maintained by Heritage Christian School. The applicant has requested to continue to
utilize both wells in the same historic manner and forgo connecting the subject property to the
City's potable water system.The City allows the continued utilization of the existing wells subject
to the terms of this agreement.
All maintenance, reporting, and regulatory compliance associated with Water System
#MT0003518 and irrigation well is the sole responsibility of Landowner. Should Landowner fail
to maintain Water System#MT0003518 in full compliance with applicable standards, should state
or federal regulations change, should additional development not be able to be adequately supplied
by Water System #MT0003518, or should the City determine, in its sole determination, the
HERITAGE CHRISTIAN SCHOOL ANNEXATION must connect to municipal water the City's
Director of Utilities may direct connection(s) to occur. The City may direct connection to occur
within a defined period of time of not less than 30 days. In consideration of the ability to continue
operation of Water System #MT0003518 and irrigation well, Landowner has executed a hold
harmless agreement included with this agreement as Exhibit B.
The existing irrigation well may be retained for irrigation only, with no direct or indirect
physical connection to municipal water piping. Should the City require connection to the municipal
water system for domestic use, certification that there is no physical connection between an on-
site well and the domestic water line coming from the City's water supply to on-site buildings
must be provided by Landowner. The City Water and Sewer Division may perform an inspection
of the property to confirm that the disconnection of the well is properly completed. Landowner
understands and agrees that if Landowner fails to properly disconnect the existing well from the
domestic water piping as required herein, the City may, upon ten day's written notice to the
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Landowner, terminate water and/or sewer services to the property. The cost of all disconnects and
subsequent reconnects shall be borne by Landowner.
9. 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 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 HERITAGE CHRISTIAN SCHOOL ANNEXATION to complete, at
Landowner's expense, the necessary system improvements to serve the proposed development.
10. 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. Landowner understands and agrees Landowner has no right, either granted or
implied, for it to further develop any of the HERITAGE CHRISTIAN SCHOOL 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 the relevant portion of the HERITAGE CHRISTIAN SCHOOL ANNEXATION
to serve the proposed development. Notice is hereby provided to the Landowner that prior to
Heritage Christian School Annexation Agreement, Application#221.70
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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 fall municipal
services to the HERITAGE CHRISTIAN SCHOOL 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.
11. Stormwater Master Plan
Landowner understands and agrees a Stormwater Master Plan for the HERITAGE
CHRISTIAN SCHOOL 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 calculations. The plan must
also locate and provide easements for adequate drainage ways within the HERITAGE
CHRISTIAN SCHOOL 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 total or in part as a condition of approval of development of the HERITAGE
CHRISTIAN SCHOOL ANNEXATION.
Heritage Christian School Annexation Agreement, Application#22170
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12. Waiver of Right-to-Protest Special Districts
A. Landowner shall execute a Waiver of Right to Protest the Creation of Special
Districts or Special Improvement Districts (SID) for infrastructure improvements to streets and
transportation systems including design and engineering, paving and subsurface improvements,
curb and gutter, sidewalk and stormwater drainage facilities, and fiber optic conduit for Durston
Road and signalization improvements for the following intersections: a) Intersections of Durston
Road and Ferguson Avenue and Durston Road and Cottonwood Road as set forth in Exhibit "A".
The Landowner agrees such SID 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 into and made a part of this Agreement.
B, Landowner agrees that in the event a special district or an SID is not utilized for the
completion of these improvements as described in subsection A above, the Landowner shall
participate in an alternative financing method for the completion of the 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.
C. Landowner understands and agrees that the City will choose creation of a SID or
special district or an alternative financing method for the completion of the improvements and may
use either financing option at any time.
13. Payback Districts
The HERITAGE CHRISTIAN SCHOOL ANNEXATION is within multiple Valley West
infrastructure payback districts.The Valley West payback districts for sewer, water and street have
all expired and no monies are due.
Heritage Christian School Annexation Agreement, Application#22170
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14. Public Street and Utility Easement
The Landowner understands and agrees that 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.
15. Street Improvements
The Landowner understands and agrees that at the time of future development the portion
of Durston Road and its related transportation infrastructure fronting the HERITAGE
CHRISTIAN SCHOOL ANNEXATION this property must be improved to a City standard at
Landowner's expense.
16. 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.
Landowner understands that upon annexation the City will assume primary emergency
response duties for existing buildings which represents new demand on the Fire system.
Landowners understands and agrees that in consequence of increased demand for service that the
Fire impact fees for the existing two buildings will be assessed and charged at the time of issuance
of a building permit for development or redevelopment of the site.
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Landowner further understands and agrees that any improvements, either on-site or off-
site, necessary to provide connection of the HERITAGE CHRISTIAN SCHOOL 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 fails to pay required impact fees within thirty (30) days after written notice
by City to the Landowner, the 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.
17. Assessments
Landowner understands and agrees that after this Agreement is recorded the HERITAGE
CHRISTIAN SCHOOL ANNEXATION will be subject to City assessments for arterial and
collector streets, street maintenance, and tree maintenance on the same basis as all other
properties in the City.
18. 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 HERITAGE CHRISTIAN SCHOOL
ANNEXATION. The parties further agree that the City may file these documents at any time.
Heritage Christian School Annexation Agreement, Application #22170
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19. Governina 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.
20. Attorneys 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 or to give any notice required herein,
then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees
and costs,including fees, salary and costs of in-house counsel including the City Attorney's Office
staff.
21. Waiver
A waiver by either party of any default or breach by the other party of any term or condition
of this Agreement does not limit the other party's right to enforce such term or condition or to
pursue any available legal or equitable rights in the event of any subsequent default or breach. No
covenant, term or agreement shall be deemed waived by either party unless waived in writing.
22. Invalid Provision
The invalidity or unenforceabil.ity 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.
23. Modifications or Alterations
No modifications or amendment of this Agreement are valid unless evidenced by a writing
signed by the parties hereto.
24. No AssiWnnent
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It is expressly agreed that the Landowner shall not assign this Agreement in whole or in
part without prior written consent of the City.
25. 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.
26. Covenants to Run with the Land
The parties intend that the terms of this Agreement shall benefit the HERITAGE
CHRISTIAN SCHOOL 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 affirms that they have authority to enter into this Agreement and to bind
Landowner to this Agreement.
Heritage Christian School Annexation Agreement, Application# 22170
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LANDOWNER
PI CE, LC
By: Jay Cummins
Title: 5j p-oct- AI)HIW 0%,*7M
SC,V),00k
STATE OF MONTANA ) n
:ss /
COUNTY OF GALLATIN )
On this day of N6RXnbe r , 2022, before the undersigned, a Notary
Public for the State of Montana personally appeared.Fay Cummins known to me to be the person
�xecuted the withi instrument, and acknowledged to me that they executed the same as
for and on behalf of PIECE, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(SEAL) r
— -�� (Printed Nam .. �1 ��
HA1 E s166s Notary Pub1' or the State of
t 'P'. Notary public
()TAR, _.for the State of Montana Residing at
* SEAS * Residing at: My Commission Expires: y� 7_CN_L p
`�. e> Bozeman, Montana
9 .mD�P, My Commiss;gn Expires ( g p year)
Use 4 digits for expiration ear
Janua
ry 24, 2026
Heritage Christian School Annexation Agreement, Application# 22170
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CITY OF BOZEMAN
Q'< , ?X&9
By J ihel ch, City Manager
ATTEST:
91L_ ass
City Clerk
STATE OF MONTANA )
:ss
COUNTY OF GALLATIN )
On this � day of , 202>, before me, a Notary Public for the
state of Montana, personally appeared Jeff Ahelich and Mike Maas, known to me to the persons
described in and who executed the foregoing instrument as 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 fficial seal the day and
year first above written.
(SEAL) lkt I t } l
(Printed Name Here{), -}r
Notary Public for the State of Montana
` .JULIE HUNTER Residing at YS 2 -P: Yy CWA,
9 Notary Public M Commission Expires:
t
_ �oTA;ar44. for the State of Montana y P
Residing at: (Use 4 digits for expiration year)
Bozeman, Montana
My commission Expires:
June 11,2025
Heritage Christian School Annexation Agreement, Application # 22170
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EXHIBIT "A"
WAIVER OF RIGHT TO PROTEST
CREATION OF SPECIAL DISTRICT OR SPECIAL IMPROVEMENT DISTRICTS
HERITAGE CHRISTIAN SCHOOL ANNEXATION
The undersigned owner of the real property situated in the County of Gallatin, State of Montana,
and more particularly described as follows:
Tract B, Certificate of Survey 1829.
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 impacts to Durston
Road and the intersections of Durston Road and Ferguson Avenue and Durston Road and
Cottonwood Road 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 districts or special improvement districts for the design and engineering,
construction and maintenance of following improvements: lighting, paving and subgrade material,
fiber optic conduit, curb/gutter, sidewalk, storm drainage facilities, and intersection
improvements for:
a. Street improvements to Durston Road between 150 feet east of the intersection with
Ferguson Avenue and 150 feet west of the intersection with Cottonwood Road,
b. Intersection improvements at Durston Road and Ferguson Avenue to extend 150 feet
down each leg of the intersection.
c. Intersection improvements at Durston Road and Cottonwood Road to extend 150 feet
down each leg of the intersection.
Heritage Christian School Annexation Agreement, Application #22170
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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 to be created 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 special district or special improvement district is not utilized for the completion of
these improvements, the developer agrees to participate in an alternate financing method for the
completion of the 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. Landowner understands and agrees that the City will choose
creation of a SID or special district or an alternative financing method for the completion of the
improvements and may use either financing option at any time.
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.
Heritage Christian School Annexation Agreement, Application # 22170
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DATED this (� day of N�✓�� n 2022.
LANDOWNER
PIECE, LL
By: Jay Cummins
Title: S'Cvwt
STATE OF MONTANA
:ss
COUNTY OF GALLATIN )
On this -A „ Q__ day of� �P�&," , 2022, b fore me, the undersigned, a Notary Public
for the State of Montana personally appeared Jay Cummins known to me to be the person that
d t wit in instru ent, and acknowledged to me that they executed the same as
r(li for and on behalf of PIECE, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL)
MAILY ( IGaS (Printed Name 5
......9,� Notary P th;eS7�f
.4s,;. Notary Public;
:X�,pTAR14i :for the state of Montana Residing at
= Residing at: u
' ,SEAL..' Bozeman, Montana My Commission Expires: 2 T 2b'Z.ta
My commission Expires: (Use 4 digits for expiration year)
January 24,2026
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EXHIBIT`B"
HOLD HARMLESS AGREEMENT
HERITAGE CHRISTIAN SCHOOL ANNEXATION
This agreement is made and entered in to this fG day of NEI(FOW9 12022,by and between
PIECE, LLC,4310 Durston Road, Bozeman MT 59718, hereinafter referred to as "Landowner" and the
City of Bozeman, a Municipal Corporation of the State of Montana operating pursuant to its Charter,
hereinafter called the "City."
In consideration of the mutual promises, and other valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, including the City approving continued use of Public
Water System#MT0003518 after annexation to the City as requested by the Landowner,the Landowner
hereby agrees as follows:
1. Annexation Requested/Agreement Required. The Landowner submitted applications for the
Heritage Christian School Annexation, Project 22-170 and has requested authorization from the
City pursuant to Chapter 38, BMC, to continue to use Public Water System #MT0003518 to
provide domestic water services the property as indicated in the application(s).The City approved
application 22-170 subject to certain limitations, terms, and conditions, which include the
Landowner entering into this Agreement. Landowner agrees to comply with all such conditions,
terms, and limitations as indicated in the City Commission's Decision for Heritage Christian
School Annexation dated August 16, 2022 and known as application 22-170 and the provisions
of the municipal code.
2. Release/Hold Harmless/Indemnification.
a. Landowner agrees to release, indemnify and hold harmless the City, its officers, agents, and
employees (the "indemnitees") from and against any suit, cause of action, claim, cost,
expenses, obligation, and liability of any character, including attorney's fees to include costs
and salary of attorneys employed by or retained by the city, which are brought or asserted for
any injury,death,or physical damage to property,costs,damages,and for any other expenses,
costs, and fees related to loss of use of property or other economic losses of any nature, as
the above may be received or sustained by any person, persons, property, business or any
other entity, arising out of or resulting from, or in connection with the City's decisions
regarding the approval of continued use of Public Water System#MT0003518 for domestic
water supply.
b. Such obligations shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity that would otherwise exist. The indemnification obligations of this
Heritage Christian School Annexation Agreement, Application#22170
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2793964 Page 21 of 23 01/11/2023 12.48.51 PM
Agreement must not be construed to negate,abridge,or reduce any common-law or statutory
rights of the indemnitee(s) which would otherwise exist as to such indemnitee(s).
c. Landowner's indemnity under this Agreement shall be without regard to and without any
right to contribution from any insurance maintained by City.
d. Should the City be required to bring an action against the Landowner to assert its right to
defense or indemnification under this Agreement the City shall be entitled to recover
reasonable costs and attorney fees, including costs and salary of attorneys employed by or
retained by the City incurred in asserting its right to indemnification or defense, but only if a
court of competent jurisdiction determines the Landowner was obligated to defend the
claim(s) or was obligated to indemnify the City for a claim(s) or any portion(s) thereof.
e. Landowner also waives any and all claims and recourse against the City or its officers,agents
or employees, including the right of contribution for loss or damage to person or property
arising from, growing out of, or in any way connected with or incident to the performance of
this Agreement and the limitations and requirements of concurrent construction.
f. These obligations shall survive termination of this Agreement and the services performed
hereunder.
3. Remedies. In addition to any other remedy available to the City at law or equity, Landowner
agrees that the City may require connection to City water infrastructure within 30 days and may,
for any of the real property that is the subject of the Annexation or this Agreement, and without
notice issue an order stopping work on the ongoing construction of any building or structure,
deem the building an unsafe structure, or deny the issuance of any building permit or site plan
final approval, or any combination of the foregoing remedies.
4. Miscellaneous.
a. Successors and Assigns. The terms, covenants and conditions of this Agreement shall run
with the land and be binding upon, and shall inure to the benefit of, the parties hereto and
their respective successors and assigns.
b. Govenzing Law. This Agreement is executed and delivered and is to be performed in, and
shall be governed by and construed in accordance with, the laws of the State of Montana.
c. Entire Agreement. This Agreement contains the entire agreement between City and
Landowner and supersedes any and all prior negotiations, correspondence, understandings
and agreements between the parties respecting the subject matter hereof, except the
Annexation Agreement.
####END OF HOLD HARMLESS AGREEMENT EXCEPT FOR SIGNATURES####
Heritage Christian School Annexation Agreement, Application#22170
Page 21
2793964 Page 22 of 23 01/11/2023 12:48:51 PM
LANDOWNER
e/—Z //U'�
PIE E, LLC
By: Jay Cummins
Title: fella a G AA"?w rs'Ti2 s►�2
STATE OF MONTANA
:ss
COUNTY OF GALLATIN )
1 Alh
On this 1 VJ day of 2022, b ore me, the undersigned, a Notary Public
for the State of Montana personally appeared Jay Cummins known to me to be the person that
the within instrupent, and acknowledged to me that they executed the same as
for and on behalf of PIECE, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
(SEAL) r
Bi LEY BIGGS (Printed e .�-�CA 1�55
G Notary Public
�P. cs ; w Notary Pub ' r the State of
aoTAFR1A(. :for the State of Montana
Residing at: Residing at 1i'ZC„
"SEAL:��= Bozeman, Montana My Commission Expires: 2 f�pLo
:? o ,4� '' My Commission Expires: �
January 24,2026 (Use 4 digits for expiration year
Heritage Christian School Annexation Agreement, Application #22170
Page 22
2793964 Page 23 of 23 01/11/2023 12:48:51 PM
CITY OF BOZEMAN
B :fJlihelich, City Manager
ATTEST:
�Ja-0q(L'5
City Clerk
STATE OF MONTANA }
:ss
COUNTY OF GALLATIN }
.2U23
On this day of ",,VAAM , a"9, before me, a Notary Public for the
state of Montana, personally appeared Jeff Ahelich and Mike Maas, known to me to the persons
described in and who executed the foregoing instrument as 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: Z S
JUUE HUNTER (Use 4 digits for expiration year)
Notary Public
QTARIg4. :for the state of Montana
*_ Residing at:
SEAL.- * Bozeman, Montana
-9ofiOP My Commission Expires:
.,., June 11, 2025
Heritage Christian School Annexation Agreement, Application #22170
Page 23