HomeMy WebLinkAbout07- Joint Development or Sale of County Land 911 Center Fire Station 3 (Not Final!)
MEMORANDUM OF AGREEMENT
JOINT DEVELOPMENT OR SALE OF COUNTY LAND
THIS AGREEMENT made this 10 day of October, 2007, by and between:
GALLATIN COUNTY, MONTANA (COUNTY), 311 West Main Street, Bozeman,
MT 59715; and
THE CITY OF BOZEMAN, MONTANA (CITY), 411 East Main Street, P. O. Box
1230, Bozeman, MT 59771-1230.
RECITALS:
WHEREAS, currently the COUNTY and CITY are in the planning phases for individual projects
to build a 911 Dispatch Center and Fire Station, respectively;
WHEREAS, COUNTY and CITY have a mutual interest in pursuing the possibilities of joint use
of certain land for those individual projects;
WHEREAS, COUNTY owns certain real property in or near the city limits of CITY, of which
portions may be appropriate to achieve mutual project goals;
WHEREAS, COUNTY and CITY seek to provide a mechanism to achieve the evaluation and
development of a project on COUNTY owned property; and
WHEREAS, ifmutual development of the Project is not possible COUNTY and CITY wish to
leave the possibility open for the CITY to purchase certain lands from the COUNTY for a Fire
Station.
NOW, THEREFORE based on mutual consideration it is understood and agreed that the above
recitals are true and correct and as follows:
1. Project Description. The "Project" shall consist of the mutual development of an
approximate 2 acre portion of COUNTY owned property located at Vaquero Parkway
and Davis Road and generally legally described as a parcel ofland approximately
consisting of80,130 square feet located in the eastern portion of Tract 3A-l ofCOS
2202B, Gallatin County Montana ("Project Site") for the purpose of a COUNTY 911
Dispatch Center and a CITY Fire Station. The COUNTY's 911 Dispatch Center shall
consist of approximately 4100 square feet of building space and 31,665 square feet of
parking and landscape. The CITY's Fire Station shall consist of approximately 11,400
square feet of building space and 31,665 square feet of parking and landscape. In
addition approximately 5400 square feet of driveway space to be used for CITY's Fire
Station.
2. Reservation of Project Site. Upon execution ofthis Agreement, COUNTY shall reserve
the appropriate location of the real property located at the Project Site for the purpose of
creating and accomplishing the Project. The Project Site is set forth in Exhibit A to this
Agreement.
3. Escrow of Land Payment. Upon receipt of evidence of such reservation of the Project
Site, CITY shall tender $ I 66,720.00 ("Land Payment") to an escrow agent mutually
agreed on by COUNTY and CITY. CITY shall pay all escrow fees. The Land Payment
represents the cost of the Project Site that may be utilized by the CITY for the purposes
of construction of a Fire Station and is calculated on a square foot basis based on an
established land value of $150,000.00 per acre. From time to time, as design and
construction progresses, COUNTY may require additional deposits to escrow for the
purposes of the Land Payment if CITY wants to utilize more square footage. Such
deposits shall be made after 14 days notice from COUNTY. COUNTY shall not have
any claim to any interest accrued in of the Land PaYment while it is in escrow.
4. Mutual Proiect. Upon the satisfaction ofthe contingencies set forth in Section 6 below
COUNTY and CITY agree to the following mutually developed design, development and
construction process for the Project. Such agreement may eventually vest title of portions
ofthe Project Site in the CITY pursuant to Montana's Unit Ownership Act or by other
means. Allocations and costs ofland, design, construction, project changes and long
term operations and management are as follows.
4.1 Think One Architects shall be under contract not later than October 9, 2007, with
County for Design Services through the Schematic Design Documents Phase (AlA
B141) for the 911 facility and Fire Station 3. Think One Architects is already under
a similar contract with the City. County will procure the services of an architect and
consultants to complete Design Services in order to publish proper documents for
construction bids no later than February 4,2008.
4.2 Joint selection of Construction Manager at Risk (CMR) shall be conducted. A joint
committee of County and City will be appointed by Mr. Mathers and Mr. Kukulski in
order to complete the selection process by October 30,2007. The RFP has been
previously prepared by the City and County. Copies ofthe RFP and evaluation
criteria are attached to this Agreement by reference.
4.3 Both City and County will appoint construction representatives who will serve as the
principal point of contact for issues that arise during all stages of the planning,
designing, bidding, and construction schedule. Larry Watson, Grants and Projects
Administrator, will serve as the County representative. James Goehrung, Director of
Facility Services, will serve as the City representative.
Questions that arise from the Architect or any contractor will first be brought to the
attention of the construction representatives for answers. For items that have a
potential impact on the operation of either the 911 Communications Center or the
Fire Station, the item needing attention will be discussed with the County Director of
the 911 Communication Center and/or the City Fire Chief prior to issuing a
directive. Should an issue require formal approval by the respective elected bodies,
the construction representatives will bring that information to their respective
Commissions for appropriate action.
4.4 During the design and construction phase of the project, the CMR will submit all
payment requests to the Architect of record for the project. The Architect will be
responsible for assigning the invoices, or the appropriate portion of the invoices, to
the County and City for processing and payment. All costs directly associated with
or attributable to the construction of the 911 Communications Center will be directed
to the County for payment at 100%. All costs directly associated with or attributable
to the construction ofthe Fire Station will be directed to the City for payment at
100%.
All costs associated with common areas shall be divided between the City and
County on a 50/50 basis. Costs that are attributable to shared benefit but are related
to a proportional split; will be billed according to a cost per square foot price or a
quantity price and billed accordingly to both parties.
In the event of a dispute in assigning costs or the payment of claims, a committee of
the Architect, CMR, County Administrator, City Manager, and the City and County
Construction Representatives will be responsible for resolving the differences within
15 calendar days.
4.5 Formal change orders shall be submitted to the County and City construction
representatives for appropriate action.
4.6 The following is a design and bid schedule for the joint 911 Fire Station 3 project:
4.6.1 This MOU approved by both County and City not later than by October 15,
2007
4.6.2 Advertise by for CMR by Oct 3, 2007 and Selection ofCMR must be
completed by October 30,2007.
4.6.3 Parties authorize architects to begin Design Services through the Schematic
Design Documents Phase process by October 15, 2007.
4.6.4 Design Services through the Schematic Design Documents Phase completed
by December 14, 2007
4.6.5 The construction bids pursuant to the CMR process must be advertised not
later than February 4,2008
4.6.6 Award bids for contracts not later than March 17,2008
4.6.7 Final plat approval for the Project Site not later than March 17,2008.
4.6.8 Prior to initial occupancy a long term maintenance and operations agreement
must be signed which may be provided for in the documents forming a
property owners association if unit ownership is created.
5. Sale of Land. If the contingencies set forth in Section 6 below are not satisfied then
COUNTY may sell the Project Site or any portion thereof to CITY for the sole and
exclusive purpose of a Fire Station. COUNTY and CITY shall execute written
agreements for the sale of all or a portion of the Project Site in a form substantially
similar to Exhibits Band C which are attached and incorporated herein by reference.
6. Mutual Project Contingencies. The COUNTY's and CITY's participation in the process
of designing, developing or constructing the Project pursuant to Section 4 above is
contingent upon the following:
6. I The ability to comply with the "Open-Space Land and Voluntary Conservation
Easement Act" and any bond issued thereunder.
6.2 The ability to comply with any relevant Montana law for the purchase and sale of
property by a political subdivision.
6.3 The ability to comply with Montana's Unit Ownership Act.
6.4 The ability to comply with any other relevant Montana law.
6.5 COUNTY's evaluation of the feasibility and cost effectiveness of the Project.
6.6 CITY's evaluation of the feasibility and cost effectiveness ofthe Project.
The COUNTY and CITY shall diligently pursue resolving these contingences upon
execution hereof. The Contingency Removal Date shall be March 17, 2007, which is the
date all of the contingencies are resolved or waived by either COUNTY or CITY. If the
contingencies are not resolved or waived on or before that date, COUNTY and CITY
shall pursue the written agreements for the sale of all or a portion ofthe Project Site
pursuant to Section 5 above.
7. Sale of Land Contingencies. The COUNTY's and CITY's entrance into the written
agreements for the sale of all or a portion of the Project Site pursuant to Section 5 above
is contingent upon the following:
7.1 The ability to comply with the "Open-Space Land and Voluntary Conservation
Easement Act" and any bond issued thereunder.
7.2 The ability to comply with any relevant Montana law for the purchase and sale of
property by a political subdivision.
7.3 The ability to comply with any other relevant Montana law.
The COUNTY and CITY shall diligently pursue resolving these contingences upon
execution hereof. The Contingency Removal Date shall be 5:00 p.m. Tuesday October
30,2007, which is the date all of the contingencies are resolved or waived by either
COUNTY or CITY. If the contingencies are not resolved or waived on or before that
date, this Agreement shall be void and CITY shall be entitled to the Land Payment from
escrow including all accrued interest.
8. Land Payment Disbursement. The Land Payment shall not be disbursed to COUNTY
until such time title vests in the CITY to all or any portion ofthe Project Site. At closing
of the transaction to vest title in the CITY the Land Payment shall be made to COUNTY.
If the Project or the sale ofland as set forth above does not take place then all of the Land
Payment made by CITY shall be returned to it with any accrued interest.
9. Notice. Any notice required or given under this Agreement shall be made by certified
mail or personal delivery to the following:
To COUNTY:
To CITY:
County Administrator
311 W. Main
Bozeman, MT 597 15
City Manager
411 E. Main
Bozeman, MT 59715
10. Binding Effect; Amendment. This Agreement shall be binding upon and inure to the
benefit of the parties hereto and their respective successors and assigns. This Agreement
shall be amended or modified only as expressly provided in a writing signed by the party
against which enforcement of such amendment or modification is sought.
11. Exhibits And Recitals. The various exhibits appended to this Agreement and the opening
recitals herein are incorporated herein and for all purposes are a part of this Agreement.
12. Captions. The captions or headings placed upon sections of this Agreement are for
convenience only, do not constitute a part ofthis Agreement, and shall not limit or affect
in any way the interpretation or construction of this Agreement.
13. Severability. If any part of this Development Agreement shall be found to be invalid or
unenforceable, such finding shall not affect the validity or enforceability of any other
provisions hereof which can be given effect in the absence of the parts determined to be
invalid or unenforceable.
14. Governing Law. All matters relating to the making, enforcement and performance of this
Agreement shall be governed by the internal laws of the State of Montana.
15. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute an original and all of which shall constitute one and the same
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and delivered as of the day and year first above written.
GALLATIN COUNTY, MONTANA
er, Chairman, Board of County Commissioners
ATTEST:
~c /7[(1& Date: It; ////N
Charlotte Mills, Clerk and Recorder ~
CITY OF BOZE~
r~ '
Chris A. Kukulski, City Manager
ATTEST:
I>ate: ~
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EXHIBIT B
REAL ESTATE SALES AGREEMENT
City of Bozeman Fire Department Lot
With Deposit Receipt
This Agreement is entered into by and between the CITY OF BOZEMAN, MONTANA, a
political subdivision of the State of Montana ("Buyer"), and GALLATIN COUNTY,
MONTANA, a political subdivision ofthe State of Montana ("Seller").
In consideration of the mutual covenants contained herein and other valuable consideration
received, and with the intent to be legally bound, Seller and Buyer agree as follows:
1. SALE OF PREMISES. Seller agrees to sell and convey to Buyer, and Buyer agrees to
purchase from Seller, the following Premises:
[To be determined-See Reservation Agreement]
The sale shall include all improvements, fixtures and attached to the Premises and used in
connection therewith, if any.
2. PURCHASE PRICE. The purchase price for the Premises is to
be paid in cash at closing and is based on a price of $150,000.00 per acre for each square foot of
the Premises based on the actual square footage purchased by Buyer. All payments must be
with cash or certified funds. Seller acknowledges the sum held in escrow with American Land
Title Company, Bozeman Montana pending the closing as a deposit for this transaction pursuant
to the Memorandum Of Agreement Joint Development Or Sale Of County Land dated
. The deposit will be applied to the purchase price at the closing.
3. DEED. At the time of closing, Seller shall execute a Grant Deed in favor of Buyer, together
with a Realty Transfer Certificate as required by the laws ofthe State of Montana. This Deed
shall convey good and marketable title to the Property, subject to the exceptions noted in the
final title insurance policy, taxes and assessments as herein provided to be paid by Buyer, and
any interest or liens which Buyer may permit to attach to the property. Seller, at its sole cost,
shall furnish Buyer with a preliminary report or abstract of title from American Land Title
Company as soon as possible after the execution of this Agreement. Buyer shall give written
notice to Seller of any objections to title within 5 days of receipt of the preliminary report or
abstract.
4. CLOSING. The deed will be delivered and the purchase price paid on [To be determined]
unless extended in writing by the parties. The closing will be held at American Land Title
Company, Bozeman, Montana. The sale will be closed according to the usual and customary
closing procedures in effect in the county where the Premises is located. At the closing, Seller
and Buyer agree to execute and deliver to the other all instruments required by law or which may
EXHIBIT C Page 1 of 5
EXHIBIT B
reasonably be requested by the other party or the closing agent. The Buyer shall pay the closing
costs.
Any encumbrances to be discharged by the Seller shall be paid prior to closing or out of purchase
money at closing by closing agent.
It is agreed that American Land Title Company, Bozeman Montana shall be the closing agent for
this transaction. Upon closing, said agent shall have the authority to credit or debit Seller or
Buyer for the prorated taxes assessments and other items of expense provided to be paid by
Buyer or Seller, if any.
s. MECHANIC'S LIENS. Seller warrants to Buyer that no work has been performed on the
Premises for which a mechanic's or materialman's lien could attach. If any work was performed
on the Premises for which a lien has or may attach, Seller will obtain and deliver to Buyer
appropriate lien waivers and releases executed by all contractors, subcontractors and suppliers.
6. DEFECTIVE TITLE. If Seller shall be unable to deliver title or make conveyance as provided
herein, Buyer, at its option, may (i) terminate this Agreement whereupon the deposit shall be
refunded to Buyer and all obligations of the parties shall cease, or (ii) waive the defects and
accept whatever title Seller is able to convey, without any reduction in the purchase price and as
a full performance by Seller.
7. POSSESSION. On the closing, the Premises and all improvements, fixtures and items of
personal property, if any, will be delivered to Buyer in their present condition, reasonable wear
and tear excepted.
8. ADJUSTMENTS. Current property taxes, regular and special assessments, water and sewer
charges, fuel, rents, interest, insurance, operating expenses and other customary matters, if any,
shall be prorated between the parties on the closing.
9. Reserved.
10. Reserved
11. CONTINGENCIES:
A. USE. The obligations of Buyer under this Agreement are expressly subject to Buyer
assuring itself that the Premises may be used to build a fire station in accordance to all
applicable law, governmental and zoning regulations and covenants.
B. INSPECTION. The obligations of Buyer under this Agreement are expressly subject to
Buyer obtaining, at Buyer's expense, satisfactory inspection reports from qualified
EXHIBIT C Page 2 of 5
EXHIBIT B
professionals. If any such inspections reveal conditions unacceptable to Buyer, Seller
may, at its option, repair such conditions or afford Buyer a credit at the closing.
If Buyer fails to notifY Seller in writing within days that any ofthe forgoing
individual contingencies are not satisfied, Buyer shall be required to perform its obligations
under this Agreement and the individual contingency shall lapse. I f Buyer informs Seller in
writing that any forgoing individual contingency has not been satisfied then this Agreement shall
terminate and any deposit will be refunded to Buyer.
12. BUYER'S DEFAULT. Upon default by Buyer, Seller, at its option, may enforce this
Agreement and pursue any and all remedies available at law or equity, including an action for
specific performance and damages.
13. SELLER'S DEFAULT. Upon default by Seller, Buyer, at its option, may (i) treat this
Agreement as terminated and be entitled to the return of the escrowed deposit, or (ii) enforce this
Agreement and pursue any and all remedies available at law or equity, including an action for
specific performance and damages.
14. BROKER'S COMMISSION. Seller and Buyer promise that they have not dealt with any
broker or finder in connection with this sale. In the event of any claim by any broker or finder,
the party who procured such broker or finder will pay the claim in full.
15. ATTORNEY'S FEES. In the event of any litigation or other proceeding between the parties
relating to this Agreement, the prevailing party shall be entitled to recover all costs and expenses
incurred, including reasonable attorney's fees including that of the Gallatin County Attorney or
Bozeman City Attorney.
16. ENTIRE AGREEMENT. This Agreement contains the entire agreement and understanding
between the parties and is subject to no understandings, conditions or representations that are not
set forth herein. Prior verbal representations or agreements do not modifY or affect this
agreement. This Agreement may only be amended in writing and signed by both parties. Time is
of the essence in the performance of this Agreement.
17. JOINT AND SEVERAL LIABILITY. Each person signing this Agreement as Seller and
Buyer shall be jointly and severally liable for the performance of every term and condition ofthis
Agreement.
18. INVALID PROVISION. If any provision of this Agreement shall be invalid or
unenforceable, the remaining provisions shall remain in full force and effect.
19. PARTIES BOUND. This Agreement shall be binding upon and shall inure to the benefit of
the parties and their respective heirs, legal representatives, successors and assigns.
EXHIBIT C Page 3 of 5
EXHIBIT B
20. GOVERNING LAW. This Agreement shall be governed by and enforced in accordance with
the laws of the state of Montana. Venue shall be in Gallatin County, Montana.
21. CAPTIONS. The captions in this Agreement are inserted only for convenience and in no way
construe or interpret the provisions hereof or affect their scope or intent.
22. ADDITIONAL PROVISIONS:
A. Buyer acknowledges that it has had the opportunity to have this Agreement and
related documents examined by their own attorney before execution, and that they shall pay
their own costs in connection therewith.
B. This agreement is binding upon the heirs, executors, administrators, successors and
assigns of each of the parties hereto.
C. Real property taxes and assessments upon the Property shall be prorated as of the date
of closing. Taxes and assessments through the date of closing, and all prior taxes and
assessments, shall be paid by Seller. All subsequent taxes and assessments levied against the
Property shall be paid by Buyer. It is understood by Buyer that the real estate taxes on the
property are subject to change due to new construction, changing assessment values, and tax
rates.
D. Any facsimile copy of this Agreement with the parties signatures may be used as
the original.
E. All covenants, agreements, representations and warranties made by Seller or Buyer
hereunder or pursuant hereto shall survive the closing and the consummation of the transactions
contemplated herein.
23. RIDERS. The riders and exhibits, if any, attached hereto and initialed by the parties are made
a part of this Agreement.
THIS IS A BINDING LEGAL CONTRACT. IF ANY PROVISIONS ARE NOT
UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING
IN WITNESS WHEREOF, this Agreement is executed under seal on this day of
,20_
CITY OF BOZEMAN, MONTANA
BUYER:
EXHIBIT C Page 4 of 5
EXHIBIT B
I/we agree to purchase the above described real property on the terms and conditions set forth
C~A-~
GALLATIN COUNTY, MONTANA
SELLER:
I1we agree to sell and convey to buyer the above described real property on the terms and
conditions set forth above. We further warrant that we own the above property and have
authority to perform the above agreement.
EXHIBIT C Page 5 of 5
EXHIBIT C
RESERVATION AGREEMENT
City of Bozeman Fire Department Lot
This Reservation Agreement ("Reservation Agreement") is made on this _ day of
,200_ by and between GALLATIN COUNTY, MONTANA ("Seller") and CITY
OF BOZEMAN, MONTANA ("Buyer").
1. Reserved Lot. Buyer reserves
Exhibit B 1, dated incorporated herein by reference.
located in
("Reserved Lot").
on the drawing labeled as
Said lot is additionally described as being
, PMM, Gallatin County, Montana
2. Reservation Deposit. Previous to the execution of this Reservation Agreement,
the Buyer has delivered to American Land Title Company the sum of in the
form of the Land Payment as described in the Memorandum Of Agreement Joint Development
Or Sale Of County Land dated which shall be referred to as the "Reservation
Deposit" herein the receipt of which is hereby acknowledged by Seller. Said Reservation
Deposit shall be held in American Land Title Company's Escrow Trust Account until final plat
approval for the any subdivision, at which time the parties shall execute a Real Estate Sales
Agreement, based upon the terms and purchase price provided herein and in a form significantly
similar to that attached as Exhibit A to this Reservation Agreement. Upon receipt of final plat
approval, Seller shall provide Buyer notice of said approval. Should Buyer fail to close within
ninety (90) days of receipt of notice of final plat approval, this Reservation Agreement and any
subsequent Real Estate Sales Agreement executed by the parties shall terminate and Seller shall
instruct American Land Title to return the Reservation Deposit to Buyer.
Buyer shall be responsible to perform all services and pay all costs to obtain preliminary plat
approval to create the Reserved Lot no later than one year from the date of execution of this
Reservation Agreement. Seller shall cooperate with Buyer in obtaining preliminary plat
approval. Final plat approval shall be obtained within 3 years from the date of preliminary plat
approval. If preliminary plat approval or final plat approval does not take place within the time
frames set forth above, this Reservation Agreement shall terminate and Seller shall instruct
American Land Title Company to return the Reservation Deposit to Buyer.
3. Purchase Price and Payment Terms. In consideration of the Reservation
Deposit paid by the Buyer, Seller agrees to sell the Reserved Lot to Buyer, if and when final plat
approval is obtained and Buyer agrees to buy the Reserved Lot from Seller for the purchase price
as set forth in the Real Estate Sales Agreement and the Memorandum Of Agreement Joint
Development Or Sale Of County Land.
4. Reservation Aszreement and Termination. The parties acknowledge that this
Reservation Agreement may be terminated by Buyer prior to the Real Estate Sales Agreement
being executed. Should Buyer elect to terminate the Reservation Agreement, Buyer shall
provide Seller written notice and Seller shall instruct American Land Title Company to return the
EXHIBIT B
1
EXHIBIT C
Reservation Deposit to Buyer.
5. Bindine: Effect. This Reservation Agreement shall be binding upon and inure to
the benefit of the parties hereto, and their respective heirs, personal representatives, successors
and assigns.
6. Attorney Fees. In the event it becomes necessary for a party to enforce any of
the provisions of this Reservation Agreement through legal action, it is understood and agreed
that the prevailing party shall recover said party's reasonable attorney's fee (including fees of the
County or City Attorney) together with all costs and expenses pertaining thereto.
7. Severability: Modification. If any provision or paragraph of this Reservation
Agreement is adjudged by any court to be invalid, illegal, void, or unenforceable in whole or in
part, this adjudication shall not affect the validity of the remainder of this Reservation
Agreement, including any other provision or paragraph. Each provision or paragraph of this
Reservation Agreement is severable from every other provision or paragraph and constitutes a
separate and distinct covenant. This Reservation Agreement may be amended only by a written
document executed and acknowledged by both parties.
8. Buver's Default. Upon default by Buyer, Seller, at its option, may enforce this
Reservation Agreement and pursue any and all remedies available at law or equity, including an
action for specific performance and damages.
9. Seller's Default. Upon default by Seller, Buyer, at its option, may (i) treat this
Agreement as terminated and be entitled to the return of the Reservation Deposit, or (ii) enforce
this Agreement and pursue any and all remedies available at law or equity, including an action
for specific performance and damages.
10. Assignment. No party shall assign or transfer the duties specified herein
without the express written consent of the other parties. Any assignment or transfer of a party's
duties without the written consent of the other parties shall not relieve the transferring or
assigning party from said party's duties as provided herein.
11. Waiver. No waiver of any breach of anyone ofthe terms, conditions, provisions,
paragraphs or covenants of this Reservation Agreement by a party shall be deemed to imply or
constitute a waiver of any other term, condition, provision, paragraph or covenant of this
Reservation Agreement. The failure of a party to insist on strict performance of any term,
condition, provision, paragraph or covenant herein set forth, shall not constitute or be construed
of as a waiver of the rights of a party to enforce any other default or breach of such term,
condition, provision, paragraph or covenant. Such failure by a party to insist upon strict
performance of this Reservation Agreement shall not be deemed sufficient grounds to enable a
party to forego or subvert or otherwise disregard any other term, condition, provision, paragraph
or covenant of this Reservation Agreement.
EXHIBIT B
2
EXHIBIT C
12 Governine: Law and Jurisdiction. The laws of the State of Montana shall
govern this Reservation Agreement. All lawsuits filed to interpret or enforce the terms and
conditions of this Reservation Agreement must be filed in the 18th Judicial District Court,
Gallatin County, Montana.
13. Execution in Counterparts. This Reservation Agreement may be executed in
counterparts and each counterpart may be taken together to comprise a binding and fully
enforceable complete agreement. Fax signatures on this Reservation Agreement shall be deemed
an equivalent of original signatures and shall be considered of equal legal binding effect on each
of the parties.
14. Complete Agreement. By signing this Reservation Agreement, the parties
acknowledge that there are no covenants, promises, undertakings, or understandings outside of
this Reservation Agreement, except as specifically set forth herein. Any modification or addition
to this Reservation Agreement must be in writing, signed by all parties.
IN WITNESS WHEREOF, the parties have set their hands the date and year first above
written.
GALLATIN COUNTY, MONTANA
SELLER:
CITY OF BOZEMAN, MONTANA
BUYER:
~A~\
EXHIBIT B
3