HomeMy WebLinkAbout042 Shared Stormwater Agreement
Shared Stormwater Easement and Agreement Lots 1 & 4 Hidden Creek Minor Subdivision
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Inter-office Original to:
WWC Engineering
895 Technology Blvd, Suite 203
Bozeman, MT 59718
Project 24533 Hidden Creek PP
SHARED STORMWATER EASEMENT AND AGREEMENT
This Easement and Agreement is made and entered into______ day of _______________, 2025,
by and United Housing Partners, with a mailing address ###, hereinafter referred to as “Owner of
Lot 1”, Gallatin County, with a mailing address ###, hereinafter referred to as “Owner of Lot 2
and 3”, and CLT Homes, with a mailing address ###, hereinafter referred to as “Owner of Lot
4”.
RECITALS:
WHEREAS, United Housing Partners is the record owner of Lot 1 (“Owner of Lot 1”), of
Hidden Creek Minor Subdivision within the boundary of Bozeman City limits subject to future
development, including the following described real property:
Tract B, Certificate of Survey No. 2439,
Located in the SW1/4 of Section 1, Township 2 South 5 East, P.M.M.
Gallatin County, Montana
WHEREAS, Gallatin County is the record owner of Lot 2 & Lot 3 (“Owner of Lot 2 and 3”) of
Hidden Creek Minor Subdivision within the boundary of Bozeman City limits subject to future
development, including the following described real property:
Tract B, Certificate of Survey No. 2439,
Located in the SW1/4 of Section 1, Township 2 South 5 East, P.M.M.
Gallatin County, Montana
Shared Stormwater Easement and Agreement Lots 1 & 4 Hidden Creek Minor Subdivision
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WHEREAS, CLT Homes is the record owner of Lot 4 (“Owner of Lot 4”) of Hidden Creek
Minor Subdivision within the boundary of Bozeman City limits subject to future development,
including the following described real property:
Tract B, Certificate of Survey No. 2439,
Located in the SW1/4 of Section 1, Township 2 South 5 East, P.M.M.
Gallatin County, Montana
and
WHEREAS, the Owner of Lot 1, Owner of Lot 2 and 3, and Owner of Lot 4 intend to construct
certain multi-family complexes and land improvements on their respective lots and have
determined that it is in their best interest to establish a shared stormwater easement and
agreement to construct and maintain shared stormwater facilities for the development of the lots
described above;
AGREEMENT
NOW THEREFORE, the Parties mutually covenant and agree as follows:
1. The foregoing recitals are true and correct and agree as follows.
2. Grant of Shared Stormwater Easement. Owner of Lot 1, Owner of Lot 2 and 3, and
Owner of Lot 4 grant certain easements and undertake certain maintenance obligations
that will benefit the Hidden Creek Minor Subdivision for the joint construction, use and
maintenance of stormwater facilities, as further described below.
The shared stormwater easement and agreement are more particularly described on the
attached Exhibit A – Property Layout.
Owner of Lot 1, Owner of Lot 2 and 3, and Owner of Lot 4 each hereby declares and
grants a nonexclusive, perpetual easement to lay, construct and maintain stormwater
facilities, accessories and appurtenances for the purpose of storing, treating and
conveying stormwater.
This mutual shared stormwater easement and agreement shall be a perpetual easement
and shall be superior to and paramount to the rights of any of the subsequent owner of
said properties and the respective servient estates so created. Owner of Lot 1, Owner of
Lot 2 and 3, and Owner of Lot 4 further state that this agreement is a covenant that shall
run with the land, and shall be for the benefit of and inure to the Owner(s), their
successors and assigns, their agents, employees, tenants, and guests of tenants, and shall
Shared Stormwater Easement and Agreement Lots 1 & 4 Hidden Creek Minor Subdivision
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burden their respective parcels, perpetually.
3. Required Maintenance of Stormwater Facilities. Owner of Lot 1, Owner of Lot 2 and
3, and Owner of Lot 4 shall each directly pay the Required Maintenance (defined below)
costs for the stormwater facilities as required hereunder. Owner of Lot 1, Owner of Lot 2
and 3, and Owner of Lot 4 shall pay a pro rat share of all Required Maintenance for the
stormwater facilities, which such pro rat share shall be based on……… Required
Maintenance means any and all maintenance and repairs reasonably necessary to keep the
stormwater facilities in good repair, in a condition substantially similar to its condition
upon original installation, and keeping the stormwater facilities free of debris. Required
Maintenance shall include, but shall not be limited to …..The Required Maintenance
shall meet requirements in City of Bozeman Design and Construction Standards and
BMC §38.270.090, 40.04.700, 40.04.710, 40.04.720, and 40.04.850.
Owner of Lot 1, Owner of Lot 2 and 3, and Owner of Lot 4 shall create and maintain
records of stormwater facilities installation, maintenance, and repairs for the life of the
development and shall be made available to the City of Bozeman Transportation and
Engineering Department upon request. Any failure to maintain stormwater facilities or to
correct deficiencies at stormwater facilities within a reasonable time after receiving
written notice from City of Bozeman or other enforcement agents may result in criminal
or civil penalties. Waste shall be disposed of from maintenance of stormwater facilities in
accordance with applicable federal, state and local laws and regulations.
The costs associated with the shared stormwater easement and agreement are described
on the attached Exhibit B – Shared Stormwater Easement and Agreement Costs.
The maintenance plan associated with the shared stormwater easement and agreement are
described on the attached Exhibit C – Shared Stormwater Easement and Agreement
Maintenance Plan.
Subsequent owner and their heirs and assigns shall be responsible for the maintenance
and repair of their respective portions of the shared stormwater easement and agreement
as documented in this agreement and Exhibits A through C, including the underground
and above ground facilities.
Subsequent owner and their heirs and assigns shall hold the other party harmless from
any liability resulting from the use of the shared stormwater facilities for their respective
properties.
Shared Stormwater Easement and Agreement Lots 1 & 4 Hidden Creek Minor Subdivision
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4. Release/Hold Harmless/Indemnification. The Owner of Lot 1, Owner of Lot 2 and 3,
and Owner of Lot 4, on behalf of themselves and their assigns and successors, hereby
release, indemnify, and hold the City of Bozeman (City) harmless, its officials, agents,
and employees (the "Indemnitees") from and against any suit, cause of action, claim, cost,
expense, 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 by any person or entity, related to the shared stormwater facilities and duties and
obligations described in this Agreement.
In addition, the Owner of Lot 1, Owner of Lot 2 and 3, and Owner of Lot 4 waive all
claims against the Indemnitees and their agents, insurers, and consultants, including all
claims for contribution or entitlement to special, incidental, indirect, or consequential
damages arising out of, resulting from, or in any way related to the duties and obligations
described in this Agreement or related to the shared stormwater facilities.
Such indemnity obligations shall not be construed to negate, abridge, or reduce other
rights or obligations of indemnity that would otherwise exist. The indemnification
obligations contained in this Agreement may not be construed to negate, abridge, or
reduce any common-law or statutory rights of the City which would otherwise exist. The
Owners’ indemnity under this Agreement shall be without regard to, and without any
right to, contribution from any insurance maintained by the City.
Should the City be required to bring an action against the Owner of Lot 1, Owner of Lot
2 and 3, and Owner of Lot 4 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 Owner of Lot 1, Owner of Lot 2 and 3, and Owner of Lot 4
was obligated to defend the claim(s) or was obligated to indemnify the City for a claim(s)
or any portion(s) thereof.
In the event of an action filed against the City resulting from or in any way related to the
City's performance or failure to perform obligations of the Owner of Lot 1, Owner of Lot
2 and 3, and Owner of Lot 4 contained in this Agreement, the City may elect to represent
itself and incur all costs and expenses of suit.
These obligations stated herein shall survive termination of this Agreement, and the
services performed hereunder.
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5. 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. Attorney's Fees and Costs. That in the event it becomes necessary for either
party of this Agreement to retain an attorney to enforce any of the terms or
conditions of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and costs, including fees, salary, and costs including those
attorneys employed by or retained by the City.
c. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Montana.
d. Notice. Any notices, requests, consents, claims, demands, waivers, summons, or
other legal process, or similar types of communication hereunder (each a
"Notice") must be in writing and addressed to the relevant party at the addresses
set on the first page of this Agreement, or to such other address that may be
designated by the receiving party from time to time. All Notices must be
delivered by personal delivery, nationally recognized overnight courier (fees pre-
paid), or certified or registered mail (return receipt requested, postage prepaid). A
Notice is effective on receipt by the receiving party and if the party giving Notice
complied with this section.
e. Counterparts. This Agreement may be executed in counterparts, each of which is
deemed an original, but all of which constitute one and the same agreement.
f. Headings. The headings used in this Agreement are for convenience only and are
not to be construed as a part of the Agreement or as a limitation on the scope of
the particular paragraphs to which they refer.
g. Severability. If any portion of this Agreement is held to be void or unenforceable,
all other provisions of this Agreement shall remain in effect.
h. Consent to Electronic Signatures. The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic
Transactions Act, Title 30, Chapter 18, Part 1, MCA.
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i. Integration. This Agreement constitute the entire Agreement of the parties.
Covenants or representations not contained herein or made a part thereof by
reference, are not binding upon the parties. There are no understandings between
the parties other than as set forth in this Agreement. All communications, either
oral or written, made prior to the date of this Agreement are hereby abrogated and
withdrawn unless specifically made a part of this Agreement by reference.
The Owner(s) has executed this shared stormwater easement and agreement on the day
and year first written above.
________________________________
Lot 1 - United Housing Partners,
Position of Entity
DATED this _______ day of _______________________, 20 .
________________________________
Lot 2 & 3 - Gallatin County,
Position of Entity
DATED this _______ day of _______________________, 20 .
________________________________
Lot 4 – CLT Homes
Position of Entity
DATED this _______ day of _______________________, 20 .
STATE OF MONTANA )
Shared Stormwater Easement and Agreement Lots 1 & 4 Hidden Creek Minor Subdivision
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) ss.
County of Gallatin )
On this ____ day of _______________________, 20 , before me the undersigned, a
Notary Public for the State of Montana, personally appeared ________________________,
known to me to be the _________________ of ____________________ whose name is
subscribed to the within instrument, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year above written.
(SEAL)
___________________________________
Notary Public for the State of Montana
__________________________________
(Printed Name)
Residing at
My Commission Expires _____/ /20