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HomeMy WebLinkAboutResolution 4098 19th Capital Group Annexation AgreementCity O~Bozeman, ~'ity Clerf ,'s Office ~•'.~0. Bo.~ 1230 Bozeman, Montana 59771-1230 COMMISSION RESOLUTION N0.4098 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER llESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNllARIES OF THE C1TY OF BOZEMAN SO AS TU INCLUDE SAH) CONTIGUOUS TRACT. WHEREAS, the City of Bozeman received a request for annexation from the 19`'' Capital Group, LLC owners of tracts of land, requesting the City Commission to extend the boundaries of the City of Bozeman so as to include certain contiguous tracts of land lying at the southwest corner of South 19°i Avenue and Kagy Boulevard Coulity of Gallatin, State of Montana; and WHEREAS, the 19`'' Capital Group, LLC, are the current landowners of record of property described as Traci 1 A of COS No. 2008A located in the SE '/4 of Section 14, T2S, RSE, 1'MM in Gallatin County Montana, requesting the City Commission to extend the boundaries of the City of Bozeman; and WHEREAS, an annexation state report has been prepared in accordance with the Commission's goals and policies for annexation and was presented to the Commission on January 7, 2008; and 2008; and annexed; and WHEREAS, a public hearing on said annexation petition was duly noticed and held on .lanuary 7, WHEREAS, no members of the public spoke in regards to said annexation at the public hearing; and WHEREAS, the City did not receive any written protest from the real property owners of the area to be WHEREAS, on January 7, 2008, the Commission authorized and directed staff, upon satisfaction by the applicant of the conditions of approval, to prepare the necessary documents to proceed with the a~tnexation ofi this tract in accordance with terms of annexation speciEed in the staff report; and WHEREAS, the provision of available services, including, but not limited to, rights-of-way, easements, water rights or cash in lieu, waivers of protest against creation of SID's and water and sewer hookup fees, to said contiguous tract as described is the subject of a written agreement between the City and the 1.9`'' Capital Group, LLC and ~~o ~ IIIIIIIIIIIIIIII ?~:~~~~~ p~A _ IIIIIIIIIIIIIII IIIIIIIIIIIIII II IIII IIII 06, 24/2/~i •4,41 Charlotte Mills-Gallst in Co MTMISC 98.00 WHEREAS, said contiguous tracts are described as Tract lA of COS No. 2008A located in the SE '/4 of Section 14, T2S, RSE, PMM in Gallatin County Montana; and WHEREAS, the Bozeman City Commission hereby finds that the annexation of these contiguous tracts is in the best interests of the City of Bozeman and the inhabitatrts thereof and of the inhabitants of the contiguous tract. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 That it is hereby declared that, pursuant to Title 7, Chapter 2, Part 4b, M.C.A., the following-described property, which is contiguous to the municipal boundaries of the City of Bozeman, be annexed to the City of Bozeman and that the boundaries of said City shall be extended so as to embrace and include such 3.07 acres of land, to wit: Tract lA, Certificate of Survey No. 2008-A, according to the plat thereof, on fiel and of record in the Ot~ce of the Clerk and Recorder, Gallatin County, Montana. located in the SE 1/4 of Section 14, Township 2 South, Range 5 East, P.M.M., Gallatin County, Montana, more ~ ~ particularly described as follows: (~ a ~ o © Beginning at the Southeast corner of Section 14, T.2S. R.SE., thence westerly 270°, 41' 17" ~ N N feet; assumed azimuth north; 69.20 feet along the south line of the Southeast Quarter of said ~ a © Section 14; thence northerly 000° 31'23" azimuth 893.18feet along the westerly right of way line of South 19''' Avenue to the point of beginning of the property to be described; thence o westerly 270° 19'25" azimuth 322.83 feet; thence northerly 000° 00'00" azimuth 435.13feet; ~~ m thence easterly 090° 20'34" azimuth 156.38 feet along the centerline of Kagy Boulevard; ~` thence southerly 180° 19'52" azimuth 45.00 feet; thence easterly 090° 20' 34' azimuth 170.18 ~~ N feet along the north line of said Tract 1 A; thence southerly 180° 30' 13" azimuth 281.37 feet ~~ ~ along the westerly right of way line of South 19t'' Avenue; thence southerly 180° 31'13" o azimuth 108.64 feet along said westerly right of way line to the Point of Beginning, containing 3.0679 acres, more or less, subject to any existing easements and/or rights-of--way, whether oi' ~~ ~ record or apparent on the ground. ~~ m ~~ ~~~ m ~r y ~. _ Section 2 -_ m The effective date of this annexation is April 7, 2008. 0 ~~ ~i ~ Section 3 U The annexation of the above-described tract is subject to the terms of the Agreement dated April 7, 2008, by and between the City of Bozeman and the 19'`' Capital Group, L,L,C owners of said tracts of land. 2 PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular session thereof held on the 7th day of April, 2008. -d,~a..^ I~AAREN .TACO ON, Mayor ,. t STA . _ .~, ~.~ ,~ ~fY Cl~~~~ "`~ APPRO}~F~D AS TO FORM: PAUL J. L City Attorr~ II~IIINI~NhIII~VInIRVIIIIIINIIIVIIII 230'80 Charlotte Mills-Gallatin Co MTMTSC 98.00 City Of Bozeman, City Clerk`s Office ~P. O. Box,1230 Bozeman, Montana S97T1-1230 19TH CAPITAL GROUP ANNEXATION AGREEMENT 'PHIS AURliEMEN`l" is made and entered into this ~ day of ~ , 2008, by and between the CI'l~' (~F 1307.EMAN, a municipal corporation and politics subdivision of the State of Montana, with offices at 411 East Main Street, Bozeman, Montana, and mailing address at P.(7. Box 1230, Bozeman, Montana, 59771-1230, hereinafter referred to as "City," and 19t~~ Capital Group, L,1.,C. 19 Lariat Loop, Bozeman, MT 59715 hereinafter referred to as "Landowner." WITNESSETH: WHEREAS, the Landowner is owner in fee of tracts of certain real property, hereinafter a a ~ ~ m referred to as the "19T~I CAPITt1I. GRUU1' ANNEXATION," situated in C7allatin County, Montana, and ~ ° ~ more particularly described as follows: ~~N ~ m `= Tract 1A of Certificate of Survey No. 2008A, and the SE'/4 Section 14, T2S, R5E, PMM ~ao in Gallatin County Montana. ~m m WHEREAS, the Landowner has petitioned the City for annexation of the contiguous tracts; and ~ U N E WHEREAS, the ANNEXATION is not within the corporate ]units of the City of Bozeman or other municipality but is contiguous to the City and may therefore be annexed to the City in accordance c ~_ ro with the provisions of this Agreement and MCA 'fitle 7, Chapter 2, Part 4G; and " WHEREAS, all parties recognize that the annexation of the 19TH CAPITAL GROUP N "~"~" E ANNEXATION pursuant to Section 7-2-4301, ct seq., MC.A, will entitle the said property to City .~ m C o services, including municipal water and sewer service, upon their availability; and WHEREAS, MCA Section 7-2-4305 provides that a municipality and landowner can agree to the provision of services to the area to be annexed; and WHEREAS, the City's present. water supply is insufficient to enable it to supply reasonably adequate water service to additional customers outside the present city boundaries; and WHEREAS, the Landowner wishes to convey to the Ciry certain water rights or take some equivalent action to provide water and sewer service to the 19T'-' CAP1Tr1L GROUT' ANNEXATION; and WHEREAS, all parties recognize that the development of the 19'" CAPITAL GRUU1' ANNEXr1TION will impact Kagy Boulevard and South 19~h Avenue, and will require additional public strut improvements; and WHEREAS, the Landowner finds that this Agreement will provide for the most satisfactory and dependable water supply or service available to furnish water and provide traffic circulation for development near and within the 19TII CAPI'1'AL CROUP ANNEXAI'IUN; and WHEREAS, the making and performance of this Agreement is desirable to promote the development of the most adequate water supply and traffic circulation pattern for the City as it now 19'x' Capital Group Annexarion Agreement: Page 1 of 11 exists and as it is reasonably expected to enlarge; and WHEREAS, the securing of an adequate water supply and traffic system by the City is necessary and of mutual advantage to the parties hereto; and WHEREAS, the parties have determined that it is in the best interests of the Ciry and the 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. 2. Annexation The Landowner filed an application for annexation of the 19T" CAPITAL GROUP ANNEXA"PION with the Ciry on November 2, 2007. By execution of this Agreement, the Ciry has manifested its intention to annex the subject property pursuant to the terms and conditions of this Agreement. Subject to the provisions of Title 7, Chapter 2,1'art 4C, the Ciry shall, upon execution of this Agreement, adopt a Resolution of Annexation of the 19~~~~ ~ CAPITAL GROUP ANNEXATION to the City. Further, upon the execution of this Agreement, the Landowner shall do all things necessary and proper to aid and assist the City in carrying out the terms, conditions, and provisions of this Agreement and effectuate the annexation of the 19Th CAPI'T'AL GROUP t1NNFXATION tracts to the Ciry. 3. Services Provided The City will, upon annexation, make available only existing Ciry services to the extent currently available, including municipal water service, municipal sewer service, police protection, and fire protection, to the 19~a~~ ~ CAPITAL GROUP ANNEXATION, as provided in this Agreement. 4. Muni i 1 Water Service D fined The term "municipal water service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.12, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the Ciry's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for delivery o£water to and within the 19Tr{CAPITAL GROUP ANNEXATION. Nothing in this Agreement shall obligate the Ciry to pay for right-of--way acquisition, engdneering, construction, and other costs for the delivery of water to or within the 19TF~ Cr\PITAL GROi?P ANNEXATION to include, but not limited to, any impact fees, hook-up, connection, or development charges which maybe established by the Ciry. Within 6 months of annexation, the existing structures shall either be connected to municipal services or removed from the site. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. 5. Municipal Sewer Service Defined The term "municipal sewer service" as is used in this Agreement shall be the service which is supplied by the City in accordance with Chapter 13.24, Bozeman Municipal Code, or as may be amended, as well as any other terms and conditions which apply to the City's provision of this service. The term does not contemplate the extension of lines or construction of necessary improvements at any cost to the City for collection of sewage at and within the 19TH CAPITAL GROUT' ANNEXATION. Nothing in this Agreement shall obligate the Ciry to pay for right-of--way acquisition, engineering, a a ~aa ~- ~o ~NN a ~N ~ao m ~_ ~~ .~ ~- U ~ ro ~ E m ~. ..~..~ o - L () 19~~' Capital Group Annexation Agreement: Page 2 of 11 construction, and other costs for the collection of sewage services to or within the 19TH CAPITAL GROUP ANNEXATION to include, but not limited to, any impact fees, hookup, connection, or development charges which may be established by the City. Within G months of annexation, the existing structures shall either be connected to municipal services or removed from the site. The existing on-site treatment systems must be properly abandoned and certification provided indicating that the abandonment has occurred. 6. Water Ri hts The parties acknowledge the following City policy: Prior to annexation of property, it shall be the policy of the City of I~azeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the anticipated average annual consumption of water by residents and/or users of the property when fully developed. T'he fee may be used to acquire water rights ar for improvements to the water system which would create additional water supply capacity. Except, however, that for any annexation in excess of ten (10) acres, this policy shall he carried out prior to final plat approval of each development phase. -Section 2, No. 5, Commission Resolution 3907, Adapted August 24, 2006 The 19'~'~ CAPITAL, GROUP ANNEXATION consists of approximately 3.07 acres. The Landowner understands and agrees that they must provide sufficient water rights iii accordance with the City's policy according to the following schedule: 19'i~~ ~ CA1'1TAL CROUP ANNEXATION, consisting of a total of 3.07 acres, shall provide water rights ar cash-in-lieu prior to annexation. The Landowner shall provide sufl"icicnt cash-in-lieu as calculated by the Director of Public Service in accordance with its policy at the time of calculation. The Landowner further understands that the City will calculate the average annual diversion requirement necessary to provide water to this annexation tract on the basis of the zoning designation and/or City-approved development for the a LD a a property at the tixnc such calculation is made. ~w~ ['+~ ° ~ 7. Cotan~rehensive Water~nd_Sewer Design Report ~ N N 4 © The applicant is advised that substantial limitations for growth exist in the wastewater collection system fox this property, which will need to be addressed in conjunction with development of the parcel. ~a ~ m Prior to development of the subject annexation, the applicant's engineer will be required to prepare a ~~ ~ ~ cam.prehensive design report evaluating the existing capacity of both the water and sewer utilities. The N report must include hydraulic evaluations of each utility for both existing and past development ~~ ~~ `' demands. The report findings must demonstrate that adequate capacity is available to serve full C ~ t, m development of the annexation area. If adequate water and/or sewer capacity is not available for the ~ `~ full developzxient, the report must identify the water and sewer system improvements required to ~~ ;= provide the necessary capacity. Any improvements necessary to serve the full development must be in ~ m a place prior to further development of the site. " ~ 8. Future Development and/or Subdivision Landowner understands and agrees that there is no right, either granted or implied by the City, for the Landowner to develop any of the 19~1~~i CAPITAL GROUP ANNEXATION until it is verified by the City that necessary municipal services, including but not limited to police and fire protection, are available to all or a portion of the 19TH CAPITAL GROUP ANNEXATION. The Landowner is hereby on notice of the following requirements upon further development or subdivision of the 19TH CAPITAL GROUP ANNF.XA'I1(7N: a) Prior to future development, the applicant will be responsible for installing any facilities 19'x' Capital Group Annexation Agreement: Page 3 of 11 required to provide full municipal services to the property in accordance with the City of Bowman's infrastructure master plans and all city policies that may be in effect at the time of development. 9. Existing Non-Conforming Uses The Landowner understands and agrees that whenever a lawful nonconforming use of a building, structure, or land is discontinued fox a period of 90 days, any future use of the building, structure, or land shall be in conformity with the provisions of this title. 10. Impact Fees Landowner(s) hereby acknowledge that annexation and development of their property will impact the City's existing street, water, and sewer infrastructure, and fire service capacities. At the time of annexation, the landowners shall pay all street and fire impact fees that are attributable for the existing residence unless the structure is removed. /1t the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees. The applicants should be made aware that at the time of any further development on the properties, the land owners and their successors shall pay all additional impact fees required by Chapter 3.24, Bozeman Municipal Code. Landowners further understand and agree that any improvements, either on- or off-site, necessary to provide connection. of the 19~i~~i CAPITAL GROUP ANNEXATION tract to municipal services which are wholly attributable to the property are "project related improvements" as defined in Chapter .3.24, Bozeman Muiucipal Code, or as amended, and as such, are not eligible far impact fee credits. If Landowner shall default an this condition at the time such is to be performed, and should default not be remedied or corrected within thirty (3U) days after written notice by City to Landowner of such default, City may at their 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 Landowner far the collection of such sums, including the entry of any judgment. In addition, the City may, at its option, ~ ~ enforce payment of such amounts by levying an assessment on the premises. ~ ~ m b) Elect any other remedy available to City under the laws of the State of Montana. ~~m ~ ~ o c) Any waiver by City of any default shall not be construed as a waiver of any subsequent ~ r ~ default. M ~N N a a Landowner(s) hereby acknowledge and agree that it shall be no defense to the enforcement of m this provision by City that impact fees imposed pursuant to Chapter 3.24 of the Bozeman Municipal ~,,,^ Code are subsequently voided or declared invalid by a court of competent jurisdiction. It is the express ~~~ ~^ ~ intention of the parties not to be bound by such a declaration or judgment and, therefore, ~^ d notwithstanding any judgment either limiting impact fee payments under annexation agreements to ;; specified amounts, or prohibiting any such payment, landowner will pay such fees as specified above, in ~.. ""'~ ~; the amounts calculated for all such fees based upon the rates established at the date of this agreement. ~ N 11. Stormwater Mas r Pl n o Landowner understands and agrees that prior to development of the 19TH CAPITAI, GROUP i ANNEXATION, a stormwater drainage and grading plan shall be provided to and approved by the City U -- Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets 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. 1'he plan must also locate and provide easements For adequate 19'x' Capital Group Annexation Agreement: Page 4 of 11 drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. 12. Traffic Analysis Retort If required by the 1!,ngineering Department, the landowner shall provide a detailed Traffic Impact Analysis Report(s) prior to future development of any portion of the annexed property. 13. Waiver of Right-to-Protest Special Imn_rovement Districts Landowner has executed, at the Gallatin County Clerk & Recorder's Office, aWaiver ofRight- to-Protest Creation o£ Special improvement Districts for street improvements, including but not limited to the followuig improvements: paving, curb/gutter, sidewalk, storm drainage facilities for South 19th Avenue and Kagy Boulevard, rurther, the landowner has executed, at the Gallatin County Clerk & Recorder's Office, aWaiver ofRight-to-Protest Creation of Special Improvements Districts for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. Said Waivers are attached hcxeto as 1 ~,xhibits n and B. I'he filed documents specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method far the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 14. Parks, Qp~n ~ac~_an~ Trails The landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, any contiguous parks, open space, and/or trails shall be extended to the annexed property, and a master plan of said parks, open space and trails shall be provided with the a a Slgiled anIlexatton agYeement. ~ao 1~ ~ ~ 15. Right-of- ay Easement for Fut re Roadways mo© 67 °° ~ Landowner has dedicated, by written easement, the following land to the City of Bozeman, ~~~ N 4 o which represents the Landowner's proportionate share of the necessary right-of--way: a .~ a) Public street. and utility easements shall be provided for Kagy Boulevard. Fifteen feet of ~•. additional right-of way shall be dedicated to complete the south half of the total right- N_ of--way of 120' for a principal arterial street. - E Said easements will be filed with the Gallatin County Clerk and Recorder at the time this .y Annexation .~`1grcement. is filed. ~~ 1b. Utility Easements Landowner understands and agrees that utility easements, a minimum of 30 feet in width, will be m necessary for the installation and maintenance of water and sewer utility services to the annexed parcel. o 'I"he Landowner shall create such easements in locations agreeable to the City during the appropriate t U development procedure, but in no event later than the filing of any final plat or site plan or issuance of a , building permit on any of the parcels. 17. Cultural Resources '1"he Landowner acknowledges and agrees that a cultural resource inventory or a letter from the State I3istoric Preservation Office indicating a cultural resource inventory is not necessary shall be submitted to the Ciry Plannuzg Department with the signed Annexation Agreement. 18. Additional Terms of Waivers 19~~' Capital Croup Annexation Agreement: Page 5 of 11 The parties recognize that these documents shall be filed and of record with the Gallatin County Clerk and Recorder prior to the sale of any land within the 19"1'~ I CAPITAL GROUP ANNI/1~ATION. The parties further agree that the City may file these documents at any time. 19. Governing Law and Venue Phis Agreement shall be construed under and governed by the laws of the state of Montana. 1n the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. 20. Attorney's ~~ In the event it becomes necessary for either party to this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement, then the prevailing party shall be entitled to reasonable attorney's fees and costs, to include the salary and costs of in-house counsel including City Attorney. 21. Waiver No waiver by either party of any breach of any term, covenant, or agreement shall be deemed a waiver of the same or any subsequent breach of this same or any other term, covenant or agreement. No covenant, term or agreement shall be deemed waived by either party unless waived in writing. 22. Invalid Proviei2n '1'he invalidity or uncnforccability 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 Alter• ion No modification or amendment of this Agreement shall be valid unless evidenced by a writing signed by the parties hereto. 24. No Assi~~ ent 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. 26. Covenants to Run with the Land The parties intend that the terms of this Agreement shall be covenants running with the land and shall not expire at their deaths or upon transfer of ownership of the property. 'I'he undersigned Landowners affirms that they have authority to enter into this Agreement on behalf of their partnership, and to bind the partnership to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. Z~~~~~~ II IIII IIII 06~24/2Q08 D4:41P IIIIIIIIII IIIIIII IIIIII IIIIIII IIII III IIIIIIII Charlotte Mills_Gallatin Co M7MI5C 98.0W 19t1i Capital Group ilnnexation .Agreement: Page C of 11 LANDOWNER ~ 4 a ~Tm ~o~ ~m® N~ N ~d4 ~. a ^~. ~~~ m ~~ ~~ ~ E ~ ~ E ~ Q C ~ A ~~ ~~ ~~~ ~• ~ m a ~ ro t srATE of M,o NT'ArN ~ ) SS. County of ~0(~~'1~r~ ) 1 t Capita Group, LC Un this ~~ da f ~~~/r7 ~° `""' " 1 008, befo e~~'~e, the undersigxaed, a Notary Public for the State of ,personally appeared~tl~~~'~ ,~7G!'Il~~ ' . ,known to me to be the '~ of 19'" Capital Group, LLC, the corporation that executed the within instr cnt, and acknowledged to rue that he executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set. my hand and affixed my Notarial Seal the day and year first above written. ~ , , , , , „ ~~ .~ ~ ~ r - °~ ~ ~, -..~s~(?T~Ftlq~' '% e o ~ e.,~o ,~~~ ~;~~ y _; i ~, "a~ ~ .~..._ . ~ ~ r ~~ ' t azne F3ere) Notary Public for the State of M~tana Residing at u~'~ My Commission Expires: ~~ I (Use 4 digits for expiration yea CITY OF BOZEMAN -~ ~ r, Chris 11. Kukulski City Manager r~..,a~~ ~~ . ~il~~~Ierk k STATE OF MONTANA SS. County of Gallatin] ~ ) -- On this ~U day of , 2008, before me, a Notary Public for the state of Montana, persona T appeared Chris t1. hta~ulski and Stacy Ulmen, 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 day and year first above written. y.,."76r'~r, e P! , .< ~;;~ ~~ --- ,, (Seal) . ~' - v~ , ~~ d` _ ~~~~. ,..9 ,. y hand and affixed my Notarial Seal the ~` ~~ ~ Name T Iere) otary Pub ~c for the Scat of t~tana Residing at ~ My Commissio Expires: I ' (Use 4 digits for expiration year) 19'x' Capital Group Annexation Agreement: Page 7 of 11 EXHIBIT A WAIVER OF RIGHT TO PROTEST CREATI N F PE IAL IMPROVEMENT DI TRICTS 19TH CAPITAL GROUP ANNEXATION The undersigmed owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 1A of Certificate of Survey No. 200$A, and the SE 1/4 Section 14, T2S, R5E, PMM in Gallatin County Montana. INCONSIDERATION of receiving approval fox annexation of the subject property from the City of Bozeman, along with accompanying rights and privileges and fox other and valuable consideration, the receipt of which is hereby acknowledged, and in recognition of the impacts to Kagy Boulevard and S. 19th Avenue, which will be caused by the development of the above-described property, the owner has waived and do hereby waive for itself, its successors and assigns, the right to protest the creation of one or more special improvement districts including but not limited to the following improvements: paving, curb/gutter, sidewalk, storm drainage facilities for South 19th Avenue and Kagy Boulevard or to make any written protest against the size ox area or creation of the district be assessed in response to a duly passed resolution of intention to create one ox mare special improvement districts which would include the above-described property. In the event an SID is not utilized £or the completion of these improvements, the developer agrees to participate in an alternate financuig method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. This waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. ll~1TF.D this ~~day of , 2008. ~~~~~~~ ~~~~~~ ~~~~~ ~~1~~ IIII' IIIIIII IIII I~I'll III Iillll III IIII 06A24/2008f04441P Charlotte Mills-Gallatin Co MTMISC 99,00 1)th Capital Group Annexation Agreement: Page 8 of 11 LANDOWNER s 1 '" Capita Troup, L C STATZ. OP r'1.0 NSA SS. County of vv ) On this ~~ da ~'" ~~ , 2008, offf~~r e, the undersigned, a Notary Public for the State of ,personally ap .eared t !'~1~ , known to me to be the Q.~l~r- v~ ~IN.~iG~.-~ of 19'" Capital Croup, LLC, the corporation that executed the within lrlstrtttnrrt t, and acknowledged to me that he executed the same for and on behalf of said corporation. IN WITNF,SS WHL1tLOr, I have hereunto sct my hand and afbxed my Notarial Seal the day and year first above written. :~ , ~. me I Iere) „ ~ ~ ~ ' , _ Notary public for the State of Montana ,, . ~~' < " `; ~, ~ Residin at 9 ~~~~ R (Seal)...-_ ~' _ ;_ g ~lv ~ /~ k.. My Commission 1;xpires: -_ -y~ . ~, ([Jsc 4 digits fox expiration scar ~f Fir n,~n~1~ ` ~, Z~~~~~~ ~IIIII~II 06g24l2008r04a41P III III III IIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII Charlotte Mills-Gallatin Co MT11I5G 98.00 19~~' Capital Group Annexation Agreement: Page 9 of '11 EXHIBIT B WAIVER OF RIGHT TO PROTEST CREATION OF SPECIAL PARKS MAINTENANCE DISTRICTS 19TH CAPITAL GROUP ANNEXATION The undersigned owners of the real property situated in the County of Gallatin, State of Montana, and more particularly described as follows: Tract 1A of Certificate o£ Survey No. 2008A, and the SE 1/a Section 14, T2S, R5E, PMM in Gallatin County Montana IN CONSIDEK~'1'ION 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 on the City's park facilities and the need for the maintenance of municipal park areas to serve City residents, the owners have waived and do hereby waive fox themselves, their successors and assigns, the right to protest the creation of one or more special parks maintenance or improvement districts for aCity-wide Parks Maintenance District, or to make any written protest against the size or area or creation of the district to be assessed in response to a duly passed resolution of intention to create one or more special parks maintenance or improvement districts. In the event City-wide Parks Maintenance or Special Improvement Districts are not utilized for the City-wide park maintenance, we agree tea participate in an alternate financing method fox completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. 't'his waiver shall be a covenant running with the land and shall not expire with the dissolution of the limited partnership, provided however this waiver shall apply to the lands herein described. The terms, covenants and provisions of the Waiver shall extend to, and be binding upon the successors-in-interest and assigns of the parties hereto. D11'I'EI7 this ~~'~ay of ~,~~' , 2008. i Iillli 11111 IIi111111111111111111 111111 111111111111 IIII ~~~~"~P Charlotte Mills-Gallatin Co MTMISC 98.00 19'x' Capital Group .'annesarion Agreement: Page 1U of 11