HomeMy WebLinkAboutAccept a grant of Trail Easement and enter into Construction Agreement_10
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Thom White, Park and Cemetery Superintendent
SUBJECT: Accept a grant of Trail Easement and enter into Construction Agreement
for a new trail on Gallatin Mall Group, LLC Property, in
partnership with Gallatin Valley Land Trust
MEETING DATE: August 6, 2012
AGENDA ITEM TYPE: Consent
RECOMMENDATION: That the City Commission accept a grant of Trail Easement on
property owned by Gallatin Valley Mall, Inc., to connect the Bozeman West Side Trail with the
Bozeman Pond trail system; and that the City Commission enter into a Construction Agreement
for the construction of said trail, in partnership with Gallatin Valley Land Trust.
BACKGROUND: After several years of discussion and negotiation, the Gallatin Valley Mall
has offered to grant a trail easement to the City of Bozeman for a trail corridor approximately
780 feet long and 16 feet wide, which will connect the West Side Trail to the Bozeman Pond trail
system. (The 1.2-mile West Side Trail connects from the Gallatin Valley Mall north to the
Regional Park.) Without this trail connection, pedestrians and bicyclists who are attempting to go
from the West Side Trail to the Bozeman Pond trail system are forced into a street and parking
lot, creating an unsafe situation. The trail connection will ensure safe passage between the West
Side Trail and Bozeman Ponds, also linking users to the new paved, mixed-use path on
College/Huffine and helping to connect the climbing boulders at the Bozeman Ponds with the
newest boulders at the Regional Park.
The Gallatin Valley Land Trust will lead the trail construction, including development of new
signage and relocation of fencing. This work will be completed with generous funding from a
City Parkland Improvement Grant, FW&P Recreational Trails Program Grant, and a grant from
REI. To clarify construction details, the Gallatin Mall Group requested we enter into a
Construction Agreement, which outlines the trail specifications, access to the construction site,
and in which GVLT indemnifies the City and the Gallatin Mall Group and agrees to name both
parties as additional insureds during the construction.
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RECREATION AND PARKS ADVISORY BOARD: The Recreation and Parks Advisory
Board has approved this project and supported it with a Parkland Improvement Grant. This trail
connection was also explicitly identified in the 2007 PROST plan.
UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: As suggested by commission.
FISCAL EFFECTS: All costs will be covered by the Gallatin Valley Land Trust, including
signage, fencing, and trail construction. Ongoing maintenance of the trail will be incorporated
into the overall City trail system, in partnership with Gallatin Valley Land Trust.
Attachments:
• Grant of Trail Easement
• Construction Agreement
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After recording, return to:
Gallatin Valley Land Trust
PO Box 7021
Bozeman, MT 59771
TRAIL CORRIDOR ACCESS EASEMENT AGREEMENT
THIS AGREEMENT (the “Agreement”) is made and entered into this ___ day of
________ , 2012, by and between Gallatin Mall Group, L.L.C. a Montana limited liability
company, with address at P.O. Box 80510, 2280 Grant Road, Suite A, Billings, Montana 59108-
0510 (“Owner”), and City of Bozeman
, a Municipal Corporation of the State of Montana, with
offices at 121 North Rouse, Bozeman, Montana 59715 (“User”).
R E C I T A L S
WHEREAS, Owner is the owner of certain real property in Gallatin County, Montana,
more particularly described on Exhibit A, attached hereto and by this reference incorporated
herein (“the Property”); and
WHEREAS, the Property lies adjacent to properties across which has been established a
public trail easement that comprises part of a public trail system that is of significant interest and
value to User and the general public; and
WHEREAS, Owner desires to quit claim to User an easement across a portion of the
Property for purposes of preserving open space and establishing a public, non-motorized trail
that will connect previously established public trails on nearby lands and thereby provide for and
preserve open space and recreational opportunities and assist in shaping the character, and
direction of development of the City of Bozeman; and
WHEREAS, User is a “public body,” authorized to acquire interests in real property for
purposes of providing or preserving public parks, open space land values, and recreational
opportunities;
NOW, THEREFORE, it is agreed as follows:
1. Easement
In consideration of the sum of one ($1.00) and other good and valuable consideration,
receipt of which is hereby acknowledged, Owner, Gallatin Mall Group, L.L.C., hereby quit
claims unto User, City of Bozeman, a nonexclusive trail easement (“the Easement”) on, over and
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across the Property consisting of a corridor sixteen feet (16') in width lying along an alignment
shown on the map attached hereto as Exhibit B, and by this reference incorporated herein, for
the duration and purpose set forth herein below and consisting of the rights hereinafter
enumerated.
2. Duration
The Easement is granted in perpetuity and shall run with the land so as to be forever
binding upon the parties hereto and their respective heirs, personal representatives,
administrators, successors and assigns, unless terminated, amended or temporarily restricted as
herein provided.
3.
Any amendment of this Agreement must be in writing, signed by Owner and User, and
recorded in the Public Records.
Amendment
4.
The Easement can be terminated upon mutual agreement of Owner and User, or as
provided for herein below.
Termination
5.
The purpose of this Easement is to preserve and maintain the area within the Easement
boundary (“Easement Corridor”) as open space and for use, preservation and maintenance of a
right-of-way for a public, non-motorized trail for the use and benefit of the User and the general
public.
Purpose
6.
The rights and corresponding obligations conveyed by this Agreement are as follows:
Rights Conveyed
A. To maintain the Easement Corridor as open space free from man-made improvements
except as otherwise provided herein;
B. To establish within the Easement Corridor a trail for non-motorized use not to exceed six
feet (6') in width;
C. To lay out, mark, develop, construct, maintain or relocate a trail or foot path within the
Easement Corridor;
D. To develop, construct, maintain, and repair gates, turnstiles, steps, fences, bridges, board-
walks, or other developments that are reasonable and necessary for management of the
Easement Corridor.
E. To make minor topographical changes to the Property within the Easement Corridor for
the necessity and convenience of locating a trail;
F. To establish and maintain appropriate signage within the Easement Corridor marking the
trail and providing directions or other appropriate information in connection with the trail;
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G. To enter upon the Easement Corridor for all reasonable and necessary construction,
maintenance and repair of the trail, and Easement Corridor;
H. To manage vegetation within the Easement Corridor through selective planting and/or
removal of trees, shrubs, grasses or exotic or noxious plant species in order to maintain and
enhance the scenic, natural, ecological and open space values of the Easement Corridor; and
I. To maintain the Easement Corridor free from any condition that is offensive to the public
health, safety or welfare or that constitutes a nuisance.
7. Limitation on Use of the Easement
Except for motorized or battery propelled wheelchairs, public access on, over or across
the Easement Corridor is limited to access by foot or other non-motorized means. Except for
motor vehicles used by Owner or User for purposes of construction or maintenance of any trail
that may be established within the Easement Corridor, use of motor vehicles within the Easement
Corridor is prohibited.
8.
Owner and User have the right to require that public use is conducted in a manner that
does not unreasonably disturb plant or wildlife habitat or Owner’s quiet use and enjoyment of the
Property. Owner and User have the right to mutually agree to limit, restrict, or prohibit public
use on all or any part of the Easement either, a) temporarily to assure safety or for maintenance
purposes, b) indefinitely, as necessary or appropriate, to achieve the purposes of this Agreement,
c) to preserve important conservation values, and/or d) to protect Owner’s quiet enjoyment of the
Property. The Easement and the Easement Corridor shall be used only in compliance with any
recorded covenants associated with Owner’s property. User shall take all necessary and
appropriate action necessary to insure that the uses permitted within the Easement and the
Easement Corridor do not violate: (a) the recorded Covenants and Conditions applicable to
Owner’s property; (b) any rules adopted by Owner for the operation of the Shopping Center; (c)
that would violate any Exclusive Use or Protection Clause granted to any Tenant within the
Shopping Center (Owner’s property); and/or (d) that would have a detrimental impact upon the
Shopping Center and/or any Tenant of the Shopping Center.
Access Restrictions
9. Fees
No fees shall be charged by Owner to User or by User to the general public (as the case
may be) for their use of the Easement Corridor.
10.
This Agreement is intended to be interpreted so as to convey to Owner and User all of the
protections from liability provided by the §70-16-301 and §70-16-302 of the Montana Code
Annotated, as amended through the applicable date of reference, or any other Applicable Law
that provides immunity or limitation of liability for owners or possessors who make property
available to the public for recreational purposes.
Recreation Use Statute
11. Attorney Fees
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In the event it is necessary for any of the parties hereto to bring any action to enforce the
terms and covenants of this agreement, it is agreed that the prevailing party shall be entitled to
reasonable Litigation Expenses (as hereinabove defined), including the cost of any in-house
counsel (should either party have such counsel) as determined by the Court.
12. Owner’s Representations
Notwithstanding that the Easement provided herein is without warranty, Owner
represents that it is the current owner in fee title to the Property, and that it has full legal
authority to convey the rights provided for in this Easement to User free of encumbrances not
previously agreed to by User.
.
13. Retained Rights
Except for the rights expressly conveyed to User hereunder, Owner reserves to itself, its’
personal representatives, heirs, successors and assigns, all other rights arising out of ownership
of the Property, including, without limitation, the right to engage in, or permit or invite others to
engage in, all uses of the Property not expressly prohibited herein and that are consistent with the
terms of this Agreement, including, again without limitation, the following enumerated rights:
.
A. A right-of-way on, over and across the Easement for purposes of construction of a
parking area on portions of the Property adjoining the Easement and placement of
underground utilities for the benefit of the Property, the location of which may be designated
by Owner at a future date; and
B. To relocate (but not terminate) all or portions of the Easement as described herein,
provided that Owner shall first give User reasonable, advance notice of Owner’s intention to
relocate the Easement and User consents to such relocation. Such notice shall include plans
and specifications of such reasonable detail that User will be able to make an informed
decision regarding its consent to such relocation, which consent shall not be unreasonably
withheld, conditioned or delayed. User shall enjoy all rights conveyed in this Agreement
with respect to the Easement as relocated.
16.
Construction, maintenance, repair and replacement of the trail improvements shall be the
sole and exclusive duty and responsibility of User. User is responsible for maintaining the
Easement Corridor free from any condition that is offensive to the public health, safet y or
welfare or that constitutes a nuisance. User shall construct, repair, and maintain the Easement
Corridor and the trail improvements so that it is safe and consistent with a First Class
Commercial Development.
Maintenance
17.
If Owner determines that User is in violation of the terms of this agreement, Owner may
give written notice to User of such violation. In said notice of violation, Owner may demand
corrective action sufficient to cure the violation. If User: a) Fails to cure the violation within
thirty (30) days after receipt of notice thereof from Owner, or b) under circumstances where the
violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such
violation within thirty (30) days after receipt of notice thereof from User (or, within 30 days of
Breach and Restoration
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User’s receipt of notice from Owner, fails to agree with Owner in writing on a date by which
efforts to cure such violation will reasonably begin), or c) fails to continue diligently to cure such
violation until finally cured, then Owner may bring an action, without bond or surety required, to
enforce the terms of this agreement, to temporarily close the trail to public access, to require the
restoration of the Property to the condition that existed prior to any such injury, and to recover
any damages to which it may be entitled for violation of the terms of this agreement.
18. Mediation
Owner and User agree that nonbinding mediation offers an alternative to the expense and
time required to resolve disputes by litigation. Mediation is therefore the parties’ preferred
dispute resolution procedure when circumstances do not require Owner or User to seek
immediate injunctive relief from the courts. In the event of any dispute between Owner and User
over the meaning, requirements, interpretation, or implementation of this Agreement, Owner or
User may refer the dispute to mediation by written request served upon the other party. The non-
requesting party shall have ten (10) days after receipt of a mediation request to consent thereto or
to refuse to mediate the dispute. The mediation process shall proceed as follows:
.
A. Within ten (10) days after Owner and User agree to mediation of a dispute, the parties
shall mutually select a mediator. Mediation hearings shall remain informal, with each
party being permitted to present such facts and evidence as it may reasonably believe
supports that party’s position. Costs and expenses of mediation shall be divided equally
between Owner and User.
B. Notwithstanding any provision to the contrary, the nonbinding mediation procedure set
forth herein shall in no way be construed to deprive Owner and User from any judicial
remedies provided at law, or by agreement herein, and is intended solely as an informal
dispute resolution mechanism. Neither Owner nor User shall have the right to compel
performance of the mediator’s recommended solutions, unless such solutions are reduced
to a binding written Agreement between Owner and User at the conclusion of the
mediation process.
The parties hereto intend that each conflict and dispute submitted to mediation shall be
unique, with facts, circumstances, and recommended resolutions to be determined on a case-by-
case basis, without reference to prior conflicts, disputes, or the resolutions thereto.
19. Acceptance
By its signature set forth herein below, User hereby accepts the foregoing grant of this
Trail Access Easement subject to the terms and conditions herein contained.
.
20.
This Agreement extends to and is binding upon the parties and their respective heirs,
personal representatives, successors and assigns.
Binding Effect.
21.
(a) Any notice to be given hereunder must be in writing and may be either delivered
personally or sent by prepaid, registered or certified mail or overnight delivery service. If mailed,
Notices.
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any such notice will be effective on the earlier of the date three (3) business days following the date
upon which it was postmarked or the date the party receiving such notice certifies receipt. If sent by
a reputable overnight delivery service, notice will be deemed given and received upon the date
actually delivered as indicated by the records of such overnight delivery service. The addresses of
the parties for the purpose of notice will be as provided for in the opening paragraph of this
Agreement. Notwithstanding the foregoing, during any interruption in the regular postal service,
any notice will be effective only when actually received.
(b) The addresses to which notices are to be given may be changed at any time by any
party upon fifteen (15) days written notice to the other party.
(c) The term "notice" includes without limitation requests, demands, designations,
statements or other writings required or permitted by this Lease to be given by one party to the other
and all originating notices in support of any legal proceeding (including an arbitration or mediation).
DATED this ___ day of _________________ , 2012.
OWNER:
GALLATIN MALL GROUP, L.L.C.
By: ____________________________________________
John P. Morrow
Its: Managing Member
State of:
County of:
This instrument was acknowledged before me on this _____ day of _______________,
2012 by JOHN P. MORROW in his capacity as Managing Member of GALLATIN
MALL GROUP, LLC
.
(Signature)
(seal) (Name)
Title/Rank: Notary Public for the State of Washington,
County of Spokane
Residing at: Spokane
My commission expires:
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DATED this ___ day of _________________ , 2012.
USER:
CITY OF BOZEMAN
___________________________________________
By: ______________________________
Its: ______________________________
State of: Montana
County of: Gallatin
This instrument was acknowledged before me on this _____ day of _______________,
2012 by ______________________________ in his or her capacity as
____________________________ of
CITY OF BOZEMAN
(Signature)
(seal) (Name)
Title/Rank:
Residing at:
My commission expires:
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EXHIBIT A
Tract 1 of Certificate of Survey No. 647A, located in the S1/2SW1/4 of Section 11,
Township 2 South, Range 5 East, P.M.M., in the City of Bozeman, Gallatin County,
Montana, according to the official plat thereof on file and of record in the office of the
County Clerk and Recorder, Gallatin County, Montana.
Subject to all third party rights of record in the Property existing at the time of conveyance of
the Easement and not subordinated to the Easement.
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EXHIBIT B
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TRAIL CONTRUCTION AGREEMENT
THIS TRAIL CONSTRUCTION AGREEMENT (the “Construction Agreement”) is
made and entered into this ___ day of ________, 2012, by and between Gallatin Mall Group,
L.L.C. a Montana limited liability company, with address at P.O. Box 80510, 2280 Grant Road,
Suite A, Billings, Montana 59108-0510 (“Landowner”); the City of Bozeman, a Municipal
Corporation of the State of Montana, with offices at 121 North Rouse, Bozeman, Montana 59715
(“City”), and the Gallatin Valley Land Trust
, a non-profit Montana corporation with its offices
located at 25 N. Willson, Suite E, Bozeman, MT 59715 (hereafter “GVLT”), which is acting as
the City’s agent for the purposes of overseeing and coordinating trail construction hereunder.
R E C I T A L S
WHEREAS, City and Landowner entered into a certain Trail Corridor Access Agreement
(hereafter “Trail Easement”) burdening real property owned by Landowner, as described in
Exhibit A hereof, and the route of the Trail Easement is depicted on Exhibit B attached hereto;
and
WHEREAS, the City now proposes to construct a trail within said Trail Easement for the
purpose of providing recreational pedestrian and non-motorized access, as envisioned in the Trail
Easement; and
WHEREAS, the City has reached an agreement with GVLT, under which GVLT will act
as the City’s agent in construction of the trail within the Easement in accordance with the terms
of this Construction Agreement; and
WHEREAS, Landowner understands, accepts and agrees to GVLT’s role as the City’s
agent in overseeing and managing the construction of the trail within the Trail Easement.
NOW, THEREFORE, it is agreed as follows:
1. Trail construction responsibilities
The Landowner and the City hereby agree that GVLT shall be responsible for
construction of the a public trail according to specifications outlined both in this Construction
Agreement and in the Trail Easement, including but not limited to the hiring and supervision of
licensed and bonded landscaping companies, other professional service providers, and/or
supervision of volunteers who contribute time, skills, and labor to complete trail construction
(hereafter collectively referred to as “GVLT’s contractors”).
2.
Landowner agrees to provide the City and GVLT, and all of GVLT’s contractors,
employees, laborers, and volunteers, with access to the Trail Easement over and across its
adjacent Mall properties, as depicted on Exhibit B attached hereto, for the term of this
Access for construction.
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Construction Agreement as defined by Paragraph 3 below, provided, however, that the City and
GVLT and GVLT’s contractors may not block the roadway running behind the Mall at any time.
Nevertheless, the Landowner expressly understands and agrees that the City and GVLT may
create short-term obstruction of parts of said roadway as machinery and materials are delivered
to the trail construction site.
3. Term of Agreement.
Trail construction activity pursuant to this Construction Agreement may not exceed ten
(10) days from the commencement of construction to the completion of all trail building
activities by GVLT and by GVLT’s contractors, unless Landowner and GVLT mutually extend,
in writing, the time allowed for trail construction hereunder. GVLT will notify the City and
Landowner at least ten (10) calendar days prior to the start of construction and in said notice,
GVLT will provide the City and the Landowner with the name of and contact information for
GVLT’s supervising employee, and names and contact information of GVLT’s contractors,
construction crew supervisors, and volunteer supervisors. GVLT will also notify, in writing, the
Landowner and the City when construction is complete.
4. Specifications for trail construction
The City, GVLT and the Landowner agree to the following trail specifications, as further
described in Exhibit C:
.
(a) The length of the trail runs for approximately 780 feet and is located within a 16-foot
wide Easement Corridor described in the Trail Easement.
(b) The existing fence on the north side of the retention pond will be relocated to the
south, as close to the pond as possible, to make room for the trail corridor.
(c) The improved, finished surface of the trail will be six feet (6’) in width.
(d) Overburden will be excavated to approximate 6” depth and base will be compacted.
Excavated spoils will be spread on-site or removed.
(e) Pit run gravel will be spread 3” deep and compacted.
(f) Gravel fines (3/8 minus) will be spread 3” deep and compacted.
(g) No living trees will be removed. Tree limbs and brush will be trimmed within the trail
corridor to 10’ height for vertical clearance and 5’ both directions from centerline of
trail for lateral clearance.
5. Changes to specifications
Any change to the foregoing specifications outlined in Paragraph 4, as proposed by
GVLT, must be specifically approved in writing the by the City and the Landowner, which
approval may not be unreasonably denied. The 10-day term of this Construction Agreement
shall automatically be deemed suspended from the date that GVLT first proposes a change until
the date that the City and the Landowner inform GVLT of their agreement to the proposed
modification, at which time the unfulfilled term of this Construction Agreement will begin to run
again.
.
6. Insurance; Indemnities
Prior to commencing trail construction work pursuant to this Construction Agreement,
GVLT agrees to provide Landowner and the City with certificates of worker’s compensation and
liability insurance, which coverage shall include GVLT’s employees and volunteers, and
.
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evidence of worker’s compensation insurance and State of Montana Certificates of Contractor
Registration for any independent contractors which GVLT hires to help with trail construction.
GVLT will add both the City and Landowner as additional named insureds to its comprehensive
and general liability insurance policy and will carry coverage in the amount of $1.0 Million per
occurrence, $2.0 Million aggregate, and $3.0 Million in umbrella coverage. Such coverage shall
provide for a a thirty (30) day notice of cancellation, with such notice to be served
simultaneously upon Landowner. GVLT will provide proof of insurance, as outlined herein,
upon receipt of the City’s and/or Landowner’s request.
GVLT also agrees to indemnify, hold harmless, and defend the City and the Landowner,
and their officers, employees, or agents for liability, damages, losses, or costs, including but not
limited to reasonable attorney fees, but only to the extent that the liability, damages, losses, or
costs are caused by the negligence, recklessness, or intentional misconduct of GVLT or GVLT's
officers, employees, and agents. In addition, the Landowner agrees to indemnify, hold harmless,
and defend the City and GVLT, and their officers, employees, or agents for liability, damages,
losses, or costs, including but not limited to reasonable attorney fees, but only to the extent that
the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional
misconduct of the Landowner, or Landowner’s officers, employees, and agents, including
tenants.
7.
Any amendment of this Agreement must be in writing, signed by Landowner, the City
and GVLT.
Amendment
8.
This Construction Agreement shall terminate completely upon Landowner’s receipt from
GVLT of GVLT’s notice of completion of construction under Paragraph 3 above. The parties
hereto may also mutually agree to terminate this Construction Agreement prior to the expiration
of its term, provided all parties agree to the termination in writing.
Termination
9.
In the event of breach of this Construction Agreement, the non-breaching party and its
successors and assigns shall be entitled to all remedies available under Montana law, both legal
and equitable, including without limitation, injunctive and specific relief and compensatory
damages. In the event any action is brought to construe or enforce the terms of this Construction
Agreement or to recover damages for the breach thereof, the prevailing party shall be entitled to
recover all fees and costs reasonably incurred therein, including (in addition to statutory costs)
attorney’s fees, expert witness fees, and costs and fees on appeal.
Breach and Restoration
10. Mediation
The parties agree that nonbinding mediation offers an alternative to the expense and time
required to resolve disputes by litigation. Mediation is therefore the parties’ preferred dispute
resolution procedure when circumstances do not require the parties to seek immediate injunctive
relief from the courts. In the event of any dispute over the meaning, requirements, interpretation,
or implementation of this Construction Agreement, any party may refer the dispute to mediation
by written request served upon the other parties. The non-requesting parties shall have ten (10)
.
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days after receipt of a mediation request to consent thereto or to refuse to mediate the dispute.
The mediation process shall proceed as follows:
A. Within ten (10) days after the parties agree to mediation of a dispute, the parties shall
mutually select a mediator. Mediation hearings shall remain informal, with each party
being permitted to present such facts and evidence as it may reasonably believe supports
that party’s position. Costs and expenses of mediation shall be divided equally between
the parties.
B. Notwithstanding any provision to the contrary, the nonbinding mediation procedure set
forth herein shall in no way be construed to deprive the parties from any judicial
remedies provided at law, or by agreement herein, and is intended solely as an informal
dispute resolution mechanism. No party shall have the right to compel performance of
the mediator’s recommended solutions, unless such solutions are reduced to a binding
written agreement between the parties at the conclusion of the mediation process.
The parties hereto intend that each conflict and dispute submitted to mediation shall be
unique, with facts, circumstances, and recommended resolutions to be determined on a case-by-
case basis, without reference to prior conflicts, disputes, or the resolutions thereto.
11. Notice
Whenever one party provides the other parties with written notice pursuant to the terms
of this Agreement, such notice shall be directed to the names and addresses set forth on page 1 of
this Construction Agreement. All notices shall be deemed effective when hand delivered, or
deposited in the United States mail as registered or certified mail, with postage prepaid, or, if
sent by facsimile device or e-mail, notice shall be presumed to have been received
contemporaneous with transmission. In the event notice is provided by facsimile device or e-
mail, it shall be followed by "hard copy." mailed to the parties to whom it has been directed, to
the addresses as provided in this notice.
.
12. Venue
. The parties covenant and agree that this Agreement shall be interpreted
and enforced according to the laws of the State of Montana and that venue for any dispute of the
interpretation and enforcement of this Agreement shall be in Gallatin County, Montana.
13. Good faith
. Each party promises and agrees to act in good faith and to deal fairly
toward the other party in the management of this Construction Agreement. When any party’s
consent or approval is required or requested by the other party, the consenting or approving party
shall not unreasonably withhold such consent or approval.
14. Time is of the Essence
. Time is of the essence of this Construction Agreement.
The parties acknowledge that this Construction Agreement is subject to timely performance by
the parties hereto of the covenants, terms and conditions set forth herein. Failure to adhere to the
terms and conditions of this Construction Agreement may result in breach or termination, as
hereinbefore described.
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DATED this ___ day of _________________, 2012.
LANDOWNER:
________________________________________________
By: John P. Morrow
Its: Managing Member
State of:
County of:
This instrument was acknowledged before me on this _____ day of _______________,
20______ by John P. Morrow in his capacity as Managing Member of GALLATIN
MALL GROUP, LLC
.
(Signature)
(seal) (Name)
Title/Rank:
Residing at:
My commission expires:
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DATED this ___ day of _________________, 2012.
CITY OF BOZEMAN:
________________________________________________
By: ______________________________
Its:_______________________________
State of:
County of:
This instrument was acknowledged before me on this _____ day of _______________,
20______ by ______________________________ in his or her capacity as
____________________________ of
CITY OF BOZEMAN
(Signature)
(seal) (Name)
Title/Rank:
Residing at:
My commission expires:
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DATED this ___ day of _________________, 2012.
GALLATIN VALLEY LAND TRUST:
________________________________________________
By: Steve Schnee
Its: President, Board of Directors
State of: Montana
County of: Gallatin
This instrument was acknowledged before me on this _____ day of _______________,
20______ by Steve Schnee in his capacity as President of the Board of Directors of the
Gallatin Valley Land Trust
.
(Signature)
(seal) (Name)
Title/Rank:
Residing at:
My commission expires:
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EXHIBIT A
Tract 1 of Certificate of Survey No. 647A, located in the S1/2SW1/4 of Section 11,
Township 2 South, Range 5 East, P.M.M., in the City of Bozeman, Gallatin County,
Montana, according to the official plat thereof on file and of record in the office of the
County Clerk and Recorder, Gallatin County, Montana.
Subject to all third party rights of record in the Property existing at the time of conveyance of
the Easement and not subordinated to the Easement.
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EXHIBIT B
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Exhibit C: Trail Specifications
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