Loading...
HomeMy WebLinkAbout25 - Annexation & Lot Mergers - Museum of the Rockies - 2221 South 3rd Avenue, Application 247142866427 Sam a -Ga t n T MI HIIIIIlllII111l11110111111111011IIIIIEllIII Illill Inter-officeOriginalto: CityofBozeman CityClerk PO Box1230 Bozeman,MT 549771-1230 2221 SOUTH 3"°AVENUE ANNEXATION AGREEMENT THIS AGREEMENT made and entered intothis day of ,2025,by and between the CITY OF BOZEMAN,a self-governingmunicipal corporation organized and existingunder itsCharter and the laws of the State of Montana with officesat 121 N.Rouse Avenue,Bozeman,Montana 59771-0640,hereinafterreferredto as "City",and Museum of the Rockies ("MOR"),Bozeman,MT 59771,hereinafterreferredto as "Landowner". W IT N E S S E T H: WHEREAS,Landowner is owner in fee of a tract of certain real property,hereinafter referredto as the 2221 SOUTH 3rd ANNEXATION situatedinGallatinCounty,Montana,and more particularlydescribed as follows: Being CertificateofSurvey No.2636 Tract2 Located inthe Southeast One-Quarter ofthe Southeast One-Quarter ofSection 13,Township 2 South,Range 5 East,PrincipalMeridian Montana,GallatinCounty,Montana. Commencing ata pointwhich isthe Southwest corner ofSection 13,Township 2 South, Range 5 East,P.M.M., Thence South 89°04'35"West,a distance of30.01 feetalong the South lineofSection 13 to the PointofBeginning;thence South 89°04'35"West along the South lineofSection 13 a distance of234.03 feet;thence South 89°05'57"West along the South lineofsaidSection 13 2221 SOUTH 3®AVENUE ANNEXATION AGREEMENT 1 2866427 Page 2 of 21 12/12/2025 02:21:40 PM a distanceof26.63 feet;thence leavingsaidsouth sectionlineNorth 0°54'03"West,a distance of 176.50 feet;thence South 89°48'51"East,a distance of263.96 feetto a pointon the west right-of-wayofSouth 3rd Avenue;thence along said right-of-waySouth 0°11'09" West,a distance of 171.44 feetto the PointofBeginning. Said Tractcontains 1.048 acres,more orless,and subjectto allexistingeasements of record orapparent on the ground. Allas depicted on the 2221 SOUTH 3rd ANNEXATION Map. WHEREAS,the Landowner petitionedthe Cityforannexation to the Cityof said tractof land;and WHEREAS,the 2221 SOUTH 3rd ANNEXATION isnot withinthe corporate limitsofthe City orother municipalityand may thereforebe annexed to the Cityinaccordance withthe provisions ofthisAgreement and Title7,Chapter 2,Part46,Mont.Code Ann.;and WHEREAS,allpartiesrecognize the annexation of the 2221 SOUTH 3rd ANNEXATION pursuant to Section 7-2-4601,et seq.,Mont.Code Ann.will allow the 2221 SOUTH 3rd ANNEXATION to connect to and utilizeCityservices,includingmunicipalwater and sewer service, parks and recreation,fireand policeservices,and the City'stransportationsystem;and WHEREAS,Section 7-2-4610,Mont.Code Ann.provides that a municipality and landowner can agree tothe provisionsofservicestothe area to be annexed;and WHEREAS,the parties recognize additional development on the 2221 SOUTH 3rd ANNEXATION willimpact area parks,recreation,transportation,police,and fireservices,and that futureimprovements may requireadditionalpublicinfrastructurestreetimprovements including transportationfor trafficcirculationand the provisionsof parks,recreation,police,and fire services;and 2221 SOUTH 3®AVENUE ANNEXATION AGREEMENT 2 2866427 Page 3 of 21 12/12/2025 02:21:40 PM WHEREAS,the Landowner findsthisAgreement willprovideforthe most satisfactoryand dependable water supply and sewer supply or service,and provide transportation,parks, recreation,policeand fireservicefordevelopment ofthe SOUTH 3rd ANNEXATION;and WHEREAS,the partieshave determined that itis in the best interestsof the City and Landowner,and infurtheranceofthe publichealth,safetyand welfareofthe community to enter intoand implement thisAgreement. W IT N E S S E T H : IN CONSIDERATION of the mutual covenants and agreements herein contained,the partieshereto agree as follows: 1.Recitats The above recitalsaretrueand correct. 2.Annexation The Landowner filedan applicationforannexation of the 2221 SOUTH 3rd ANNEXATION withthe Cityon December 19,2024.By execution ofthisAgreement,the Citymanifests itsintent to annex the 2221 SOUTH 3rd ANNEXATION tractpursuant to the terms and conditionsof this Agreement.Subjecttothe provisionsofTitle7,Chapter 2,Part46,Mont.Code Ann.the Cityshall, upon execution of thisAgreement,adopt a Resolution of Annexation of the 2221 SOUTH 3rd ANNEXATION.Further,upon the execution ofthisAgreement,the Landowner shalldo allthings required by thisAgreement and allthings necessary and proper to aid and assistthe City in carryingout the terms,conditionsand provisionsofthisAgreement and to effectthe annexation ofthe 2221 SOUTH 3rd ANNEXATION. 2221 SOUTH 3RDAVENUE ANNEXATION AGREEMENT 3 2866427 Page 4 of 21 12/12/2025 02:21:40 PM 3.Services Provided The City will,upon annexation,make availableto the 2221 SOUTH 3rd ANNEXATION existingCityservicesonlytothe extentcurrentlyavailable,or as provided inthisAgreement. 4.Municipal Water Service Defined The term "municipalwater service"as isused inthisagreement shallbe the servicewhich issupplied by the Cityinaccordance with Chapter 40,Article2,Bozeman Municipal Code,as amended,as well as any other terms and conditions which apply to the City'sprovisionof municipal water servicebut does not includethe extension of linesor constructionof necessary improvements at any cost to the Cityfor deliveryof water to and withinthe 2221 SOUTH 3rd ANNEXATION.Nothing inthisAgreement shallobligatethe Cityto pay forright-of-wayacquisition, engineering,construction,and other costs forthe deliveryof water to or withinthe 2221 SOUTH 3rd ANNEXATION to include,but not limitedto,any impact fees,hook-up,connection,or development charges which have been or may be establishedby the City. 5.Municipal Sewer Service Defined The term "municipal sewer service"as isused inthisAgreement shallbe the servicewhich issupplied by the City inaccordance with Chapter 40,Article3,Bozeman Municipal Code,as amended,as well as any other terms and conditionswhich apply to the City'sprovisionof this servicebut does not includethe extension oflinesor constructionof necessary improvements at any cost to the Cityforcollectionof sewage at and withinthe 2221 SOUTH 3rd ANNEXATION. Nothing inthisAgreement shallobligatethe Cityto pay forright-of-wayacquisition,engineering, construction,and other costs forthe collectionofsewage servicesto orwithinthe 2221 SOUTH 2221 SOUTH 3RDAVENUE ANNEXATION AGREEMENT 4 2866427 Page 5 of 21 12/12/2025 02:21:40 PM 3rd ANNEXATION to include,but not limitedto,any impact fees,hookup,connection,or development charges which may be establishedby the City. 6.Water and Sewer Connections Landowner understands and agrees thatthe existingresidence on the propertymust be connected to Citywater and sewer utilities.Water and sewer servicesmust be constructed in accordance with design and specificationsapproved by the Citypriorto the installationof the water and sewer lines.Landowner must contact the CityWater and Sewer Superintendent to obtain detailsof construction requirements.Landowner must notifythe CityWater and Sewer Superintendent a minimum of48 hours priorto constructionofthe servicesand disconnection of the well and septicsystem abandonment.Landowner furtherunderstands and agrees thatprior to connection tothe Citywater and sewer system,the existingon-sitesewage treatment system must be properly abandoned and certificationprovided to the City Water and Sewer Superintendent thatthe abandonment occurred.The applicantmust reportthe abandonment to the GallatinCityCounty Health Department.Inadditionto abandonment ofthe septictank and leach field,the applicantmust demonstrate thatthe sanitarysewer servicetothe septictank has been completely disconnected from the old septicsystem priorto connection to the Citysanitary sewer system. Any wellspresentlyused fordomestic purposes may be retainedforirrigationonly,with no physicalconnection to domestic water piping.Certificationthatthere isno physicalconnection between an on-sitewell and the domestic water pipingmust be provided.The CityWater and Sewer Superintendent may perform an inspection of the property and certifythat the disconnection ofthe well and septicsystem abandonment are properlycompleted.Landowner 2221 SOUTH 3®AVENUE ANNEXATION AGREEMENT 5 2866427 Page 6 of 21 12/12/2025 02:21:40 PM understands and agrees that ifLandowner failsto properlyabandon the existingsystem and/or failsto disconnect the existingwellfrom the domestic water pipingas required hereinthe City may upon ten day'swrittennoticeto the Landowner terminatewater and/or sewer servicestothe property.Costs ofalldisconnects and/or subsequent reconnects shallbe borne by Landowner. 7.Water Rights The Landowner specificallyrecognizes and agrees thatprovisionsforwater rightsor cash in-lieuofwater rightsshallbe provided upon furtherdevelopment or subdivisionofthe property inaccordance with Section 38.410.130,Bozeman Municipal Code and as may be amended.The amount of water rightsor cash-in-lieuthereof due at the time of further development or subdivisionofthe propertywillbe calculatedbased on the annual demand forvolume ofwater the development willrequiremultipliedby the most currentannual unitpriceineffecton the date the water rightsare transferredor payment-in-lieuof water rightsisto be made to the City.As such,the Landowner acknowledges thatthe ratesforcash in-lieuof water rightsmay increase over time as established by Resolution of the City Commission.As such,the Landowner acknowledges thatthe ratesforcash in-lieuofwater rightsmay increaseovertime as established by Resolutionofthe CityCommission.Domestic water demand from the singleresidentialhouse fallsbelow the Citythreshold (0.25AF).Therefore,no cash-in-lieuofwater isrequired. 8.Comprehensive Water and Water Design Report Priorto futuredevelopment of the propertythe Citymay requirethe Landowner to have prepared by a ProfessionalEngineer,at Landowner's sole expense,a comprehensive design reportevaluatingexistingcapacityofsewer and water utilitiesinthe area.The reportmust include hydraulicevaluationsof each utilityforboth existingand post-development demands,and the 2221 SOUTH 3RDAVENUE ANNEXATION AGREEMENT 6 2866427 Page 7 of 21 12/12/2025 02:21:40 PM reportfindingsmust demonstrate adequate capacityto servethe fulldevelopment ofthe land.If adequate infrastructurecapacityisnot availableforthe proposed development,the reportmust identifynecessary water or wastewater system improvements necessary for the proposed development.Ifimprovements to thiswater orwastewater system are necessary,the Landowner agrees priorto development ofthe 2221 SOUTH 3rd ANNEXATION to complete,atLandowner's expense,the necessary system improvements to servethe proposed development. 9.Future Development Limitations The Landowner shall be responsible for installingallfacilitiesrequired to provide full municipal servicesto the propertyinaccordance withthe City'sInfrastructureMaster Plans and all City regulations,policiesand guidelinesthat may be in effectat the time of any future development.Thus,Landowner understands and agrees Landowner has no right,eithergranted or implied,foritto furtherdevelop any ofthe 2221 SOUTH 3rd ANNEXATION untilitisverifiedby the City that the necessary municipal services,including but not limitedto police and fire protection,parks and recreation,transportation,and sewer and water capacity,are availableto allor a portionofthe 2221 SOUTH 3rd ANNEXATION.Notice isthus provided to the Landowner thatpriorto additionaldevelopment ofthe property,the Landowner willbe solelyresponsiblefor installing,at Landowner's sole expense,any facilitiesor infrastructurerequiredto provide full municipal services to the 2221 SOUTH 3rd ANNEXATION in accordance with the City's infrastructureplans,adopted Growth Policies/Community Plans,and allother cityregulations, policiesand guidelinesthatmay be ineffectatthe time ofdevelopment. 2221 SOUTH 3®AVENUE ANNEXATION AGREEMENT 7 2866427 Page 8 of 21 12/12/2025 02:21:40 PM 10.Stormwater Master Plan Landowner understands and agrees a Stormwater Master Plan forthe 2221 SOUTH 3rd ANNEXATION fora system designed to remove solids,oils,grease,and other pollutantsfrom the runofffrom publicstreetsand other impermeable surfaces may be requiredto be providedto and approved by the CityEngineer atthe time ofany futuredevelopment.The plan must demonstrate thatadequate treatment ofrunofffrom publicstreets,otherimpermeable surfaces,and allfuture lots will be achieved by providing spot elevations,flow directionarrows,detention and/or retentionbasin details(includingbasin sizingcalculationsand basin typicalsections),outlet structuredetails,and culvertcapacity calculations.The plan must also locate and provide easements foradequate drainage ways withinthe 2221 SOUTH 3rd ANNEXATION to transport treated runoff to the stormwater receivingchannel.The plan shall include sitegrading and elevation information,typicalstormwater detention/retentionbasin and discharge structure details,basin sizingcalculations,and stormwater maintenance plan.Landowner recognizesthe Citymay requiresuch Stormwater Master Plan to be implemented inallor partas a conditionof approval ofdevelopment ofthe 2221 SOUTH 3rd ANNEXATION. 11.Waiver of Right-to-ProtestSpecial Districts A.Landowner shall execute a Waiver of Right-to-ProtestCreation of Special Improvement Districtsor Special Districtsforstreetand transportationimprovements including design and engineering,paving and subsurface improvements,curb and gutter,sidewalk, stormwater drainage facilitiesfora)South 3rdAvenue from west Kagy Boulevard and West Graf Street.The Landowner agrees such SID or specialdistrictswillprovide a mechanism forthe fair and equitableassessment of constructionand maintenance costs forsuch improvements.The 2221 SOUTH 3®AVENUE ANNEXATION AGREEMENT 8 2866427 Page 9 of 21 12/12/2025 02:21:40 PM waiver isattached hereto as Exhibit"A"and ishereby incorporated inand made a part of this Agreement. B.Landowner shallexecute a Waiver of Right-to-ProtestCreation of Special Improvement Districtsor Special Districtsfor Intersectionimprovements including lighting,signalization/ channelization,paving,curb/gutter,sidewalk,and storm drainage fora)South 3rdAve and West Kagy Blvd,and b)South 3rdAve and West Graf Street.The Landowner agrees such SID or special districtswillprovide a mechanism forthe fairand equitable assessment of construction and maintenance costs forsuch improvements.The waiver isattached hereto as Exhibit"B"and is hereby incorporated inand made a partofthisAgreement. C.Landowner agrees thatinthe event an SID isnot utilizedforthe completion ofthese improvements as described insubsections A and B above,the Landowner shallparticipateinan alternativefinancing method for the completion of said improvements on a fairshare, proportionatebasis as determined by the City on the basis of the square footage of property, taxable valuation of the property,trafficcontributionfrom the development or a combination thereof. 12.Public Street and UtilityEasements The Landowner understands and agrees thata publicstreetand utilityeasement must be provided at the time Landowner returnsthe signed annexation agreement for(45)feetfrom the centerlineof the existingROW forSouth 3rdAvenue along South 3rdAvenue property frontage as depicted in the Bozeman Transportation Master Plan priorto the adoption of Resolution of Annexation.The Right-of-Way must be executed using the City'sstandard language. 2221 SOUTH 3®AVENUE ANNEXATION AGREEMENT 9 2866427 Page 10 of 21 12/12/2025 02:21:40 PM The Landowner,at itssole expense,has created such easements ina locationand form agreeable to the Cityand the easements willbe filedatthe GallatinCounty Clerkand Recorder's Office.The Landowner furtherunderstands and agrees that additionalpublic streetand utility easements may be requiredfordeliveryof municipal serviceswith futuredevelopment and such easement shallbe provided atthe Landowner's sole expense. 13.Street Improvements The Landowner understands and agrees thatatthetime offuturedevelopment the portion of South 3rdAvenue and itsrelatedtransportationinfrastructurefrontingthe 2221 SOUTH 3rd ANNEXATION must be improved to a Citystandard. 14.Impact Fees Landowner acknowledges that annexation and development oftheirpropertywillimpact the City'sexistingstreet,water and sewer infrastructure,and the City'sfireservice.As approved by the City,the Landowner and itssuccessors must pay: A)Fireimpact fees equalto the amount per Chpt.2,Art.6.Div.9 BMC,oras amended, attime ofissuance of a buildingpermit. B)Transportationimpact fees equal to the amount per Chpt.2,Art.6.Div.9 BMC,or as amended,attime ofissuance ofa buildingpermit. C)Water impact fees as requiredby Chpt.2,Art.6.Div.9 BMC,or as amended,atthe time ofconnection to citywater services. D)Sewer impact fees as requiredby Chpt.2,Art.6.Div.9 BMC,oras amended,atthe time ofconnection to citysewer services. The amount of impact fee the Landowner oritssuccessors pay forconnection to the city's water and sewer services,ifany,shallbe calculated based on the provisionsof the Bozeman Municipal Code,as amended,in effectat the time of applicationfor a permit to connect.The amount ofstreetor fireimpact fees to be paid,ifany,shallbe calculated based on the provisions 2221 SOUTH 3RDAVENUE ANNEXATION AGREEMENT 10 2866427 Page 11 of 21 12/12/2025 02:21:40 PM of the Bozeman Municipal Code,as amended,in effectat the time an applicationforbuilding permit issubmitted. Landowner furtherunderstands and agrees that any improvements,eitheron-siteor off- site,necessary to provide connection ofthe 2221 SOUTH 3rd ANNEXATION municipal services and which are wholly attributableto the property as determined exclusivelyby the cityare considered "project related improvements"as defined in Chapter 2,Article6,Division9, Bozeman Municipal Code,as amended,and as such,are not eligibleforimpact fee credits. IfLandowner defaultson thisconditionat the time such isto be performed,and should defaultnot be remedied or corrected withinthirty(30)days afterwrittennotice by City to the Landowner and Landowner/Developer ofsuch default,Citymay atitsoption: A)Declare the amounts owing for impact fees immediately due and payable and City shall have the rightand privilegeto take legal action against Landowners for the collectionof such sum,including the entry of any judgment.Inaddition,the Citymay,at itsoption,enforce payment of such amount by levyingan assessment on the property. B)Elect any other remedy availableto City under the laws of the State of Montana. 15.Charges and Assessments Landowner understands and agreesthatafterthisAgreement isrecorded the 2221 SOUTH 3rd ANNEXATION willbe subject to City charges and assessments for arterialand collector streets,streetmaintenance,and tree maintenance on the same basis as allother propertiesin the City. 2221 SOUTH 3RDAVENUE ANNEXATION AGREEMENT 11 2866427 Page 12 of 21 12/12/2025 02:21:40 PM 16.Additional Terms The partiesrecognize these documents must be filedand of record with the Gallatin County Clerkand Recorder priorto the saleofany land withinthe 2221 SOUTH 3rd ANNEXATION. The partiesfurtheragree thatthe Citymay filethese documents atany time. 17.Governing Law and Venue Thisagreement shallbe construed under and governed by the laws ofthe stateofMontana. Inthe event of litigation,venue isinthe EighteenthJudicialDistrictCourt,inand forCounty of Gallatin,StateofMontana. 18.Attorney's Fees Inthe event itbecomes necessary foreitherpartyto thisAgreement to retainan attorney to enforce any of the terms or conditionsof thisAgreement,then the prevailingparty shallbe entitledto reasonable attorney'sfees and costs,to include the salary and costs of in-house counsel includingCityAttorney. 19.Waiver No waiver by eitherparty of any breach of any term,covenant or agreement shall be deemed a waiver ofthe same or any subsequent breach ofthissame or any otherterm,covenant or agreement.No covenant,term or agreement shallbe deemed waived by eitherpartyunless waived inwriting. 20.InvalidProvision The invalidityor unenforceabilityof any provisionof thisagreement shallnot affectthe other provisionshereof,and thisAgreement shallbe construed inallrespectsas ifsuch invalidor unenforceable provisionwere omitted. 2221 SOUTH 3RDAVENUE ANNEXATION AGREEMENT 12 2866427 Page 13 of 21 12/12/2025 02:21:40 PM 21.Modifications or Alterations No modificationsor amendment of thisAgreement shallbe validunless evidenced by a writingsigned by the partieshereto. 22.No Assignment Itisexpressly agreed that the Landowner and/or Landowner/Developer shallnot assign thisAgreement inwhole or inpartwithout priorwrittenconsent ofthe City. 23.Successors This Agreement shallbe binding upon,inureto the benefitof and be enforceable by the parties hereto and their respective heirs,successors and assigns and specificallyto any subsequent purchaser ofthe annexed property. 24.Covenants to Run with the Land The partiesintend that the terms of thisAgreement shallbenefitthe 2221 SOUTH 3rd ANNEXATION and shallbe covenants runningwiththe land and shallnot expireattheirdeaths or upon transferofownership ofthe property. The undersigned Landowner affirmsthatthey have authorityto enter intothisAgreement and to bind themselves tothisAgreement. 2221 SOUTH 3RDAVENUE ANNEXATION AGREEMENT 13 2866427 Page 14 of 21 12/12/2025 02:21:40 PM IN WITNESS WHEREOF,the partieshereto have caused thisagreement to be executed the day and year firstabove written. DATED this day of ,2025. LANDO N Museum o the Rockies C By:. Title:*f~8 STATE OF 647 )A ) :ss COUNTY OFyatent)) On this 27 d of J(idSf ,2025,before me,the und signed,a Notary Public forthe State of 64'TJ ,personallyappearedtfb½d //lky ,known to me to be theEXEcarulE Ù,pper4of the Museum of the Rockies that executed the within instrument,and acknowledged to me thatthey executed the same forand on behalfoflandowner. IN WITNESS WHEREOF,Ihave hereunto se and and affixedmy officialsealthe day and year firstabove written. (SEAL) STEVE J PHELPS r ame Here) TAR/fortheStateO Ontana Residingat:Residingat /nT*SEAL */sozeman,Montana My Commission Expires:2027 My CommissionExpires: July1,2027 (Use 4 digitsforexpirationyear) 2221 SOUTH 3®AVENUE ANNEXATION AGREEMENT 14 2866427 Page 15 of 21 12/12/2025 02:21:40 PM CITY OF BOZEMAN By:Chuck Winn,City Manager Mike Maas,CityClerk . STATE OF MONTANA ) :ss COUNTY OF GALLATIN ) On this €day of otsk ,2025,before me,a Notary Publicforthe stateof Montana,personally appeared Chuck Winn and Mike Maas,known to me to the persons described inand who executed the foregoinginstrument as InterimCityManager and CityClerk respectively,ofthe Cityof Bozeman,whose names are subscribed to the withininstrument and acknowledged to me thatthey executed the same forand on behalfofsaidCity. IN WITNESS WHEREOF,Ihave hereunto set my hand and affixedmy officialsealthe day and year firstabove written. (SEAL) (PrintedName Here) 'Eg s MICHSL5 OHAPEL Notary Public orthe ofMontana NotaryPublic Residingat oTAR/A fortheStateofMontana ---Residingat:My Commissio ire .SEAL Bozeman,Montana (Use 4 digitsf expirationyear) My CommissionExpires: April21,2029 2221 SOUTH 3RDAVENUE ANNEXATION AGREEMENT 15 2866427 Page 16 of 21 12/12/2025 02:21:40 PM EXHIBIT "A" WAlVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 2221 SOUTH 3rdAVENUE ANNEXATION The undersigned owner of the realproperty situatedinthe County of Gallatin,State of Montana,and more particularlydescribed as follows: Being CertificateofSurvey No.2636 Tract2 Located inthe Southeast One-Quarter ofthe Southeast One-Quarter ofSection 13,Township 2 South,Range 5 East,PrincipalMeridian Montana,GallatinCounty,Montana. Commencing ata pointwhich isthe Southwest corner ofSection 13,Township 2 South, Range 5 East,P.M.M., Thence South 89°04'35"West,a distance of30.01 feetalong the South lineofSection 13 to the Pointof Beginning;thence South 89°04'35"West along the South lineofSection 13 a distance of234.03 feet;thence South 89°05'57"West alongthe South lineofsaidSection 13 a distance of26.63 feet;thence leavingsaidsouth section lineNorth 0°54'03"West,a distance of 176.50 feet;thence South 89°48'51"East,a distanceof263.96 feetto a pointon the west right-of-wayofSouth 3rd Avenue;thence along saidright-of-waySouth 0°11'09" West,a distance of 171.44 feettothe PointofBeginning. Said Tractcontains 1.048 acres,more or less,and subjecttoallexistingeasements ofrecord orapparent on the ground. Allas depicted on the 2221 SOUTH 3rd ANNEXATION Map. IN CONSIDERATION of receivingapproval forannexation ofthe subject propertyfrom the City of Bozeman,along with accompanying rightsand privilegesand for other and valuable consideration,the receipt of which is hereby acknowledged,and in recognition of the transportationimpacts to South 3rdAvenue from West Kagy Blvd and West Graf Streetwhich will be caused by the development ofthe above-described property,the owner has waived and does hereby waive foritself,itssuccessors and assigns foreverthe rightto protestthe creationofone 2221 SOUTH 3RDAVENUE ANNEXATION AGREEMENT 16 2866427 Page 17 of 21 12/12/2025 02:21:40 PM or more special improvement districtsfor the design and engineering,construction and maintenance of followingimprovements:forstreetand transportationimprovements including design and engineering,paving and subsurface improvements,curb and gutter,sidewalk, stormwater drainage facilitiesfor a)South 3d Avenue Drive from West Kagy Blvd and West Graf Street. Landowner agrees the Cityhas the solerightto controlthedesign and constructionofsuch improvements and may include any ofthe above components and others necessary to ensure such improvements comply with alladopted Cityinfrastructureplans and requirements.Further, the Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creation ofthe districtbe assessed inresponse to a duly passed resolutionof intentionto create one or more specialimprovement districtswhich would includethe above-described property. Inthe event a SID isnot utilizedforthe completion of these improvements,the developer agrees to participateinan alternatefinancingmethod forthe completion of said improvements on a fairshare,proportionatebasis as determined by the Cityon the basis ofthe square footage of property,taxable valuation of the property,trafficcontributionfrom the development or a combination thereof. This waiver ismade forthe benefitofthe propertydescribed herein shallbe a covenant runningwith the land. The terms,covenants and provisionsofthiswaiver shallextend to,and be bindingupon the successors-in-interestand assigns ofthe Landowner. 2221 SOUTH 3®AVENUE ANNEXATION AGREEMENT 17 2866427 Page 18 of 21 12/12/2025 02:21:40 PM DATED this day of /p ,2025. LANDOWNER Museu oft e R kies LL By:vn Title:s.H C c STATE OF brter ) COUNTY OF Ý4k ) On this day of (3T ,2025,before me,the undersigned,a Notary Public forthe State of /VloMadt ,personallyappearedÛUord/<EIL D2SS ,known to me to be thefKECMt W D,flicTog-of Museum of the Rockies that executed the within instrument,and acknowledged to me thatthey executed the same forand on behalfof landowner. INWITNESS WHEREOF,Ihave hereunto s my hand and affixedmy officialsealthe day and year firstabove written. (SEAL) STEVE J PHELPS P te ame Here) fortheStateo ontana Otay M Ome me of A 4 --:.‡Residingat:teSidingat (T%7Zn44 onT SEAL:Bozeman,Montana v1yCommission Expires:So 2-7 ,My CommissionExpires: ,o July1,2027 (Use 4 digitsforexpirationyear) 2221 SOUTH 3®AVENUE ANNEXATION AGREEMENT 18 2866427 Page 19 of 21 12/12/2025 02:21:40 PM EXHIBIT "B" WAlVER OF RIGHT TO PROTEST CREATION OF SPECIAL IMPROVEMENT DISTRICTS 2221 SOUTH 3rd ANNEXATION The undersigned owner of the realproperty situated in the County of Gallatin,State of Montana,and more particularlydescribed as follows: A Tractof Land described as Tract1 ofCertificateofSurvey 3052,located inthe Northeast One Quarter ofSection 24,Township 2 South,Range 5 East and a CityofBozeman ROW tract described inFm174Pg2512 and located withinthe Northwest One Quarter ofSection 19, Township 2 South,Range 6 East,allwhich are withinthe PrincipalMeridian Montana, GallatinCounty,Montana and more particularlydescribed as follows: Beginning ata point(POB),thatisa 2"Brass Cap ina Metal Monument Box,and which isthe Northeast Corner of Section 24,Township 2 South,Range 5 East,PrincipalMeridian Montana,GallatinCounty,Montana; thence S 89°53'31"E,along the linecommon to sections 18 and 19 ofsaidT2S,R6E,a distance of 45.00 feetto a point; thence leavingsaid sectionlineand runningS 00°06'29"W along the eastern boundary of said Fm174Pg5212 deed parcel,a distance of 165.05 feetto a point; thence N 89°53'31"W,a distance of45.00 feetto a pointon the range lineand the line common to sections 19 and 24; thence S 88°58'09"W,a distance of263.98 feettoa point; thence N 00°06'11"E,a distance of 164.97 feetto a pointon the linecommon to sections 13 and 24 of saidT2S,R5E; thence N 88°57'03"E,a distance of 264.00 feetalong said linecommon to sections 13 and 24 tothe POB. Said Tract being 50,970 square feetor 1.17 acres more orless,along with and subjectto all easements of record. IN CONSIDERATION of receivingapproval forannexation of the subject propertyfrom the City of Bozeman,along with accompanying rightsand privilegesand for other and valuable consideration,the receiptofwhich ishereby acknowledged,and inrecognitionofthe intersection 2221 SOUTH 3®AVENUE ANNEXATION AGREEMENT 19 2866427 Page 20 of 21 12/12/2025 02:21:40 PM impacts to a)South 3rdAve and West Kagy Boulevard,and b)South 3rdAve and West Graf Street which willbe caused by the development ofthe above-described property,the owner has waived and does hereby waive for itself,itssuccessors and assigns forever the rightto protest the creationof one or more specialimprovement districtsforthe includingLighting,signalization/ channetization,paving,curb/gutter,sidewalk,and storm drainage for a)South 3rdAve and West Kagy Boulevard,and b)South 3rdAve and West Graf. Landowner agrees the Cityhas the solerightto controlthedesign and constructionofsuch improvements and may include any of the above components and others necessary to ensure such improvements comply with alladopted Cityinfrastructureplans and requirements.Further, the Landowner waives itsrightor to make any writtenprotestagainstthe sizeor area or creation ofthe districtbe assessed inresponse to a duly passed resolutionof intentionto create one or more specialimprovement districtswhich would includethe above-described property. Inthe event a SID isnot utilizedforthe completion ofthese improvements,the developer agrees to participateinan alternatefinancingmethod forthe completion of said improvements on a fairshare,proportionatebasisas determined by the Cityon the basis ofthe square footage of property,taxable valuation of the property,trafficcontributionfrom the development or a combination thereof. This waiver ismade forthe benefitof the propertydescribed herein shallbe a covenant runningwith the land. The terms,covenants and provisionsofthiswaiver shallextend to,and be bindingupon the successors-in-interestand assigns ofthe Landowner. 2221 SOUTH 3"AVENUE ANNEXATION AGREEMENT 20 2866427 Page 21 of 21 12/12/2025 02:21:40 PM DATED this day of /^r ,2025. LANDOWNER Museum of the Ro kies,LLC Title:, STATE OF TA/S ) :ss COUNTY OF TÙ ) On this day of 305f ,2025,before me,the undersigned,a Notary Public forthe State of do#ksh ,personallyappeared CrfeargoDass ,known to me to be the E4«ro D tmL ofthe Museum ofthe Rockies thatexecuted the withininstrument,and acknowledged to me thatthey executed the same forand on behalfoflandowner. IN WITNESS WHEREOF,Ihave hereunto se y hand and affixedmy officialsealthe day and year firstabove written. (SEAL) 5'SQ,,STEVE J PHELPS e Here) o"1fortheStat o ontana otary blicforthe State of 0J74 Residingat:Residingat b L£mAd VSEALBozeman,Montana My Commission Expires:262,My CommissionExpires:,,July1,2027 (Use 4 digitsforexpirationyear) 2221 SOUTH 3RDAVENUE ANNEXATION AGREEMENT 21