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HomeMy WebLinkAboutTOP_Application_Sports_Park Bozeman Sports Park Application for the Bozeman Trails, Open Space and Parks Advisory Committee January 31, 2014 Please give a brief description of your Project that includes location, budget,amount requested and amount contributed from other sources. The Bozeman Sports Park is a multi-phase project (Appendix A) designed to meet the current and future needs of the Bozeman field sport community, specifically youth soccer and lacrosse, while providing a neighborhood park, urban open space, and Safe-Route-To-School benefits for Bozeman's northwestern neighborhoods (Appendix B ). Bozeman's soccer and lacrosse community has undergone tremendous growth over the last 15 years since Adam Bronken Field was built to accommodate a community of 300 players. Since its construction, these communities have grown tenfold, numbering in excess of 3,000 registered participants in Bozeman Blitzz FC, AYSO (American Youth Soccer Organization), Bozeman Adult League Soccer, and Gallatin Valley Lacrosse League . The demand for suitable practice, league, tournament fields, and indoor practice facilities far outstrips the supply currently provided by the Bozeman Public School system, MSU, and the Bozeman Parks and Recreation Department. Access to these fields is tenuous with year to year arrangements that are threatened by multiple demands, seasonal limitations, increased user fees, and in the case of MSU, a shrinking recreational land base. As an economic driver, soccer and lacrosse tournaments in Bozeman, at a scale that is relevant, are untenable given the lack of a sufficiently sized, centralized tournament venue. The Montana Youth Soccer Association and the Montana High School Association have consistently denied Bozeman's bids for tournaments citing insufficient infrastructure for large multi-day tournaments. Bozeman's ability to host spring and fall league games are limited by short seasons and fields that were not sighted or designed for the extended seasons these sports require. Bozeman's inability to host tournaments during the shoulder seasons results in an economic loss to our merchants and hoteliers. Undocumented reports from Great Falls indicate that hosting the Montana High School AA Soccer Championship(a relatively small, 20 team tournament)generates$1,000,000 in revenue for that community.The games held at Siebel Soccer Complex each year are estimated to have an economic impact on Great Falls in the amount of$3 million http://www.gfsoccer.org/siebel-park-facilities/. To meet the current and growing demands of Bozeman's youth and adult field sport teams, while providing a significant economic driver for the community,the wholly volunteer, Bozeman Soccer Education Foundation in conjunction with the Gallatin Valley Lacrosse League propose the acquisition, development, and co-management of an 80 acre sports park located between the corners of Baxter and Flanders Mill and Baxter and Cottonwood Road (NW1/4&in the SW1/4of section 3 T2S, R5E) Estimated Project Budget(Appendix C) Property acquisition $2,070,000 Project planning and development(fees)* $240,000 Phase 1:Sport Field Project Construction* $7,150,000 Phase 1: Required Maintenance Equipment $222 200 Phase 1:Total Project cost $9,442,200 Phase 1: Contributed Match (cash,donated land value,services $500,000 and products donated in lieu of cash) Total Phase 1 Funding Required from Parks and Trails $8,942,200 Bond Phase 2: Project construction TBD Phase2: Contributed Match TBD Phase 3: Project Construction TBD *Master planning process could impact projected cost Briefly describe how the project creates or enhances one or more of the following; Open Space/Natural areas: Currently the proposed tract is being utilized as irrigated agriculture providing open space benefits associated with the mixed agriculture/residential character of Northwest Bozeman. As a sports park, this viewshed would only be limited by an indoor practice facility. As the area is converted from agriculture to residential, it is fair to assume that the sports park will provide some level of open space and an unobstructed viewshed. Parks/Trails: The sports park would provide full access to open field non-organized recreation,trails, playground, and recreation space for the entire Bozeman community.Safe-Route-To-School paths and trails will be integrated into project development providing walking and riding trails connecting adjoining neighborhoods with Meadowlark Elementary School. A master planning process will be employed to determine what other attributes might be included in the park plan. Water Quality The natural grass, sports turf, and parking facilities will be designed to minimize and eliminate non- source runoff and every effort will be made in the design and construction of the fields and facilities to minimize both potable and irrigation water use. In addition, best-practice stormwater retention and treatment methods will be used in non-permeable surface areas, such as parking lots. Multi-Use Recreational Fields As the primary purpose of the Bozeman Sports Park, multi-use recreational fields would be developed to service soccer and lacrosse, but would also be available for rugby,football,field hockey, Ultimate Frisbee, and in a limited role, baseball and softball. Increasing the inventory of open fields dedicated to soccer and lacrosse enhances access opportunities to current fields,thus accommodating program growth for other field sports and leagues. Has the exact site been identified yet? After two years of site reviews and evaluation,the 80 acre parcel currently under contract located between the corners of Baxter and Flanders Mill and Baxter and Cottonwood Road was chosen based on the following criteria (Appendix D) . 1) Tract within or adjoining city boundary within suitable distance of current and projected city population growth. 2) Tract 50 acres or greater that when developed would meet minimum capacity requirements for tournament selection while providing for future growth of sports field community. 3) Reasonable acquisition price. 4) Western location in the valley floor to ensure optimal seasonal use.Youth soccer and lacrosse are played in the spring.The general location of the chosen property receives less snow and melts free of snow much earlier than other areas of town.This criterion is critical to maximizing the use of the fields. 5) Sufficient water rights for natural turf growth,development,and on-going maintenance. 6) Accessible to visiting teams from commercial lodging and retail centers. Given these criteria and a limited pool of qualifying properties,we are confident we have chosen the best site for the Bozeman Sports Park. Briefly explain how the project creates long term value for the residents of Bozeman. Prior attempts to purchase and develop a multi-use sports park were extremely limited by availability of large tracts, excessive land costs, and lack of public funding.The Trails Open Space and Parks bond offers a once in a generation opportunity to invest in such a park when land prices are within reason, significant public funding is available, and public demand is high and growing. Bozeman is the only Montana city of significant size that does not have a multi-use sports park for the use of its community and is not a competitor for statewide or regional tournaments. Billings, Great Falls, Helena, Kalispell, and Missoula currently host the major soccer and lacrosse tournaments. Bozeman as a host city is an extremely attractive destination for visiting guests, and paired with a high quality attractive sports park and an energized volunteer base would offer a tournament destination unmatched in the 3 state Northern Rockies region. Currently, Bozeman Blitzz FC is planning an invitational tournament that by 2016 will attract 120 teams. As a community amenity, a high quality multi use sports park is extremely attractive to potential residents and their families who are seeking an active, youth oriented community that is willing to invest in such. Please List all groups/organizations involved or contributing to this project and what their short and long term commitments will be. Bozeman Blitzz FC and Gallatin Valley Lacrosse League are the primary sponsors supporting this project and, as partners with Bozeman Parks and Recreation Department, are taking a leadership role in developing, constructing, and managing the Sports Park. The Gallatin Valley Land Trust has been a consultant for this project regarding internal trails and connectivity to the existing trail network. In the short term, Bozeman Blitzz FC and Gallatin Valley Lacrosse and their volunteers will commit to developing and executing a philanthropic capital campaign seeking cash, pledges, donated value,and services in lieu of cash to this project. As the project matures Bozeman Adult Soccer, AYSO, Bozeman Adult Lacrosse, and Bozeman Cutthroat Rugby will be asked to join a management and maintenance "Sports Authority" that would ensure the long term maintenance and management of the facility in a manner that sustains and supports a high quality, regionally attractive venue. We are in discussions with a private party who has proposed the purchase and development of 15 acres to build and operate an indoor multi use sports facility. Please describe the anticipated maintenance requirements for the site and who will be responsible for the maintenance. The management and stewardship of a high quality sports park will require a significant management and maintenance commitment from the city and organized user groups. Annual costs will exceed $60,000(see attached budget). Bozeman Blitzz FC and Gallatin Valley Lacrosse would commit to a long term use agreement and would be the initial anchors for this facility. Private fundraising for the sports park will include a Facility Operations Fund that will be used to bridge annual expenses until revenue and fees meet expenses. Phase 2 of the project would be completed with a private entity and/or with private philanthropy, and if applicable, state or federal grants. The development of a Sports Authority governing body would partner with the City and together would secure and guide financial resources for the annual maintenance and management of the facility. Are you aware of any mitigation needs on any part of the proposed property? If so please explain. There are currently no mitigation needs that we are aware of. Appendices include: Appendix A: Neighborhood Overview, Existing Community Sport Fields,Youth Soccer& Lacrosse Growth,Site Selection Appendix B: Sports Park Schematic Overview with Proposed Phases Appendix C: Phase One Construction Budget, Project Schedule, Maintenance &Maintenance Equipment Budget Appendix D: Purchase and Sell Agreement Ln cn x o c o m m O o n D 3 r� o) m 7 Lr N (fl n 2y n v V J o obi o °1 �' o (D r--F " 0 � 7n m m c 1= CD 3 cn a to i.L. m _ O a cn m 3 rz c yr ,o CD 3 CCD' , m -o O -0 = v o c n w tU m' - 0 tli o m o = Q. m m Cn a)CD to (A CL '�` o' a— r- m $o 3 m` 9 g to (no o d mUM) r 0 3 co x o v 0 o n m a n m 3 a D 0 �• O D 0 0 -< 0) = 00 =oy• N N N C) m CD m p 0) N j j < n CL CD 11'1 fn U) c: Q fD �' �!J CD (a E0 CA (D w �• y =no M�• (� 3 0 r m m o � moo yo M�q yo 0) 210 c C Imo Mom• �� MEMO �o n c 0) s% ■y• .�• �� ■■.�• ■■ q `� =�• MMM• yo MMM• y� 01 a N m 0 _ r rF Xoil - ----- - r'h Cottonwood Road z s 4cp-- Ferguson Road - m m A ap v,rD - o Q .� IIIHNMHIINHiIIHI m (DCD �� cn m rn a A ;i cn Flanders Mill Road i - v Off? n, MANI 6 rD N 0 CD • W tin, � __ •�� � X rD 2 . co i DA L a Flanders Mill Road r� t1 rD ZI fII fl 0 '� •� N4HH ilirHffi+ � Flanders Mill Road � t' t - - � �Y •"1. 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Outdoor Fields 1) 10-300'x210' 20' perimeter over run $3,500,000 subsoils, topsoil, sand, grading, fine grade, seeding) 2) 1-Stadium Synthetic Field 300'x210' $975,000 subsoils, turf, bermin , seed 3 10- Field Irrigation main &fields $470,000 4 11- Field Equipment Soccer& Lax $55,000 Total $5,000,000 Total Outdoor Fields $8,570,000 10% Cont. $650,000 Phase One Field Cost $9,220,000 71 c a o: ri =r n o m 0 c o-m CD c c c 0 0 � c c m o �v p p �+ a T v y ? o °- w < �. m � 3 < o N c z < o m C CL -0 -0 m O m n n n m e c 3 '� a ci 3'm C < v o 3 0 es CO D 0 D Fn v ,r O c p m Q o ppm v - m -1 O o v D goc c 3 �n =. 3nm o m Z ° o v m 0 ° N o' c m . � c 3 9 g ro o co y o < m o ° m a m T o y M m m a 3 0. to Nt r� O m 0 0 a a N U 7 p p D C P O.N 7 O D 3 7Z y a z, fD 7 a p U = O (D O' ID O p� 7 .y. 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Price 1) Turf Mowers(2) &trailer $118,000 2) Top Dresser 20,000 3) Turf Tired Tractor 30,000 4) Aerator 12,500 5) Dry Fertilizer 3,500 6) Thatcher\Overseeder(repair) 1,500 7) Sports field painter 12,000 8) Cushman Cart 15,000 9) Broom attachment 4,000 10) Trimmer(2) 800 11) Blower 250 12) Drag Mat 250 13) Push mower 400 14) Sprayer with trailer 1,500 15) Miscellaneous(hoses, hand tools, 2,500 Grand Total $222,200 (LAND) BUY-SELL AGREEMENT [13 ,21 rauu HOUSINC n[AL Ton^ OPPORTUNITY 1 This Agreement stipulates the terms of sale of this property. Read carefully before signing. This is a legally 2 binding contract. If not understood,seek competent advice. 3 4 Date: October 14, 2013 5 Soccer Education Foundation , Inc. and,or assigns , as 6 []joint tenants with rights of survivorship, ❑ tenants in common,❑single in his/her own right, ®Other Non-profit 7 (hereinafter called"Buyer")agrees to purchase, and the Seller agrees to sell the following described real 8 property(hereinafter referred to as"Property"), commonly known as North Part Tr.1A COS 2554A 9 Gallatin County, Montana,a=_ roximately 79.871 Acres 10 in the City of Bozeman _, County of Gallatin 11 Montana, legally described as: West 1/2, NW 1/4, Section 3, Township 2 South, Range 5 East, 12 PMM_ Gallatin County; Montana 13 14 15 TOGETHER with all interest of Seller in vacated streets and alleys adjacent thereto, all easements and other 16 appurtenances thereto, uncut timber and non-harvested crops and all improvements thereon except: 17 non-harvested crops 18 19 PERSONAL PROPERTY: The following items of personal property, free of liens and without warranty of condition, are 20 included and shall be transferred by the bill of sale: None 21 22 23 PURCHASE PRICE AND TERMS: 24 Total purchase price is Two Million 25 U.S. Dollars($ 2,000,000.00 ) payable as follows: 26 $ 10,000,00 earnest money to be applied at closing. 27 $ as additional cash payment, payable on or before closing. 28 $ 1,990,000.00 balance of the purchase price will be financed as follows: 29 ❑Conventional ® Other Financing ❑Seller Financing ❑Assumption ❑Home equity 30 City of Bozeman, Montana, Trails, Ooen Space and Parks Bond Funds 31 32 33 34 35 36 37 38 39 40 41 42 43 CLOSING DATE: The date of closing shall be (date) April 30, 2014 (the"Closing Date").The parties may, 44 by mutual agreement, close the transaction anticipated by this Agreement at any time prior to the date specified. The 45 Buyer and Seller will deposit with the closing agent all instruments and funds necessary to complete the purchase in 46 accordance with this Agreement. If third party financing is required by the terms of this Agreement (including 47 assumptions, contracts for deed, and lender financing), the Closing Date may be extended without amendment by not 48 more than 30 days to accommodate delays attributable solely to such third party financing. 49 50 POSSESSION: Seller shall deliver to Buyer possession of the property and allow occupancy: 51 ❑when the closing agent is in receipt of all required, signed documents and all funds necessary 52 for the purchase; OR 53 ®on the date of recording the deed, notice of purchaser's interest, OR 54 ❑ 55 Seller shall provide keys and/or means to operate locks, mailboxes, security systems, alarms, garage door opener(s), 56 and Homeowner's Association facilities, if applicable. ©MONTANA ASSOCIATION OF REALTORS@ Buyers Initials Land Buy-Sell Agreement,March 2013 Page 1 of 7 Sellers Initials Prudential Montana Real El late 2001 Stadium Drive Bozeman,MT 59715 Phone:406 580 9163 Fax: Flanders Mill Paul Rubright Produced with zipForm®by zipLoglx 18070 Fifteen Mile Road,Fraser,Michigan 48026 wpppp.zipLogix.com 57 RECEIPT OF EARNEST MONEY: Buyer agrees to provide Earnest Money in the amount of TAB Tho.2sand 58 U.S.I Dollars($ 10,000.00 ) as evidenced by❑Cash, 59 the receipt of which is acknowledged by the undersigned Broker/Salesperson; OR ❑Check, the receipt of which is 60 acknowledged by the undersigned Broker/Salesperson; ®OR, Check to be delivered to seller's title 61 companv by buver or his representative within 3 days of acceptance 62 If Buyer fails to pay the Earnest Money as set forth above, Buyer will be in default of this Agreement and Seller shall be 63 entitled to immediately terminate this Agreement and declare any Earnest Money already paid by Buyer to be forfeited. 64 65 All parties to this transaction agree, unless otherwise provided herein, that the earnest monies will be deposited 66 pursuant to Montana law OR within ( 3 } business days of the date all parties have signed the Agreement or 67 68 and such funds will be held in a trust account by First American Title Company of Bozeman 69 Parties agree that interest accruing on earnest money, if any,while deposited shall be payable to: seller 70 71 If interest is payable to the Broker it is agreed that sums so paid are consideration for services rendered. 72 Paul Ruhright (4061590-9163 73 (Broker/Salesperson's Printed Name and Phone Number) (Signature of Broker/Salesperson) 74 To be signed only if in actual receipt of Cash or Check. 75 76 The parties authorize the holder of the earnest money to forward to the closing agent, upon its request, all or any 77 portion of the earnest money required to complete the closing of the transaction. 78 79 FINANCING CONDITIONS AND OBLIGATIONS: 80 81 BUYER'S REPRESENTATION OF FUNDS: Buyer represents that they have sufficient funds for the down 82 payment and closing costs to close this sale in accordance with this Agreement and are not relying upon any 83 contingent source of such funds unless otherwise expressly set forth herein. 84 85 LOAN APPLICATION: If Buyer fails to make written application for financing and pay to the lender any 86 required fees, apply for assumption of an existing loan or contract, or initiate any action required for 87 completion of a contract for deed by 5:00 P.M, (Mountain Time) (date) na 88 Buyer will be in breach of this Agreement and Seller can exercise Seller's remedies under this Agreement. 89 90 CONTINGENCIES: The contingencies set forth in this Agreement or on attached addenda shall be deemed to have 91 been released, waived, or satisfied, and the transaction shall continue to closing, unless, by 5:00 p.m. (Mountain Time) 92 on the date specified for each contingency, the party requesting that contingency has notified the other party or the 93 other party's Broker/Salesperson in writing that the contingency is not released, waived, or satisfied. If a party has 94 notified the other party on or before the release date that a contingency is not released, waived, or satisfied, the 95 transaction is terminated, and the earnest money will be returned to the Buyer, unless the parties negotiate other terms 96 or provisions. 97 98 FINANCING CONTINGENCY: 99 ®This Agreement is contingent upon Buyer obtaining the financing specified in the section of this Agreement 100 entitled "PURCHASE PRICE AND TERMS". If financing cannot be obtained by the Closing Date this Agreement 101 is terminated and the earnest money will be refunded to the Buyer; OR 102 103 ❑This Agreement is contingent upon Buyer obtaining the financing specified in the section of this Agreement 104 entitled"PURCHASE PRICE AND TERMS." Release Date: 105 106 APPRAISAL CONTINGENCY: 107 ® Property must appraise for at least($ purchase price ). If the Property does not appraise for at least the 108 specified amount, this Agreement is terminated and earnest money refunded to the Buyer unless the Buyer 109 elects to proceed with closing this Agreement without regard to appraised value. Written notice of Buyer's 110 election to proceed shall be given to Seller or Seller's Broker/Salesperson within 30 days of Buyer or 111 Buyer's Broker/Salesperson receiving notice of appraised value; OR 112 ❑ Property must appraise for at least ($ ). Release Date: r F QMONTANA ASSOCIATION OF REALTORSO Page 2 of 7 Buyer's Initials Land Buy-Sell Agreement,March 2013 Seller's Initials Produced with zifform®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zinLoalx.com Flanders Mill 113 TITLE CONTINGENCY: This offer is contingent upon Buyer's receipt and approval (to Buyer's satisfaction) of 114 the preliminary title commitment. Release Date: 90 days from Buyer's or Buyer's 115 representative's receipt of preliminary title commitment. 116 117 PROPERTY INVESTIGATION: This offer is contingent upon Buyer's independent investigation of the following 118 conditions relating to the property, including but not limited to; covenants, zoning, access, easements, well 119 depths, septic and sanitation restrictions, surveys or other means of establishing the comers and boundaries, 120 special improvement districts, restrictions affecting use, special building requirements, future assessments, 121 utility hook up and installation costs, environmental hazards, airport affected area, road maintenance 122 obligations or anything else Buyer deems appropriate. Buyer agrees that any investigations or inspections 123 undertaken by Buyer or on his/her behalf shall not damage or destroy the property, without the prior written 124 consent of Seller. Further, Buyer agrees to return the property to its original condition and to indemnify Seller 125 from any damage or destruction to the property caused by the Buyers investigations or inspections, if Buyer 126 does not purchase the property. Release Date:April 30. 2014 127 This offer is contingent upon contract being assigned to the city of Bozeman, Montana 128 129 130 131 132 Release Date: April 30, 2014 133 This offer is contingent upon Approval by the city of Bozeman. Montana and/or Gallatin 134 County, Montana of minor subdivision to create tract that is northern portion of 135 COS 2554A, approximately 79.871 Acres 136 137 138 Release Date: April 30, 2014 139 140 ADDITIONAL PROVISIONS: Paul Rubright is the president of the Soccer Education Foundation 141 Inc. and is also a licensed real estate broker in the state of Montana. 142 143 There is nn nnmmission in this transaction_ (lines 275-276 are not applicable) 144 145 Seller is self-represented in this tranaartinn ant9 acknnm1car4aes reneint of 146 Relationship/Consents in Real Estate Transactions document which discloses the Buyer 147 Acrent's obliaations to the Seller. 148 149 150 151 152 153 154 155 156 157 158 159 160 CONVEYANCE: The Seller shall convey the real property by Warrantv 161 deed, free of all liens and encumbrances except those described in the title insurance commitment, as approved by 162 Buyer. The Seller shall convey the personal property by Bill of Sale. 163 164 WATER: All water, including surface water or ground water, any legal entitlement to water, including statements of 165 claim, certificates of water rights, permits to appropriate water, exempt existing rights, decreed basins or any ditches, 166 ditch rights, or ditch easements appurtenant to and/or used in connection with the Property are included with the 167 Property, except No exceptio_n_s 168 169 Filing or transfer fees will be paid by 0 Seller, ®Buyer, 0 split equally between Buyer and Seller. 170 Documents for transfer will be prepared by First Amixri can Title Company of Bozeman RL / ®MONTANA ASSOCIATION OF REALTORS@ Page 3 of 7 Buyers initials Land Buy-Sell Agreement,March 2013 Sellets Initials Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zlnLaoix.com Flanders Mill 171 WATER RIGHT OWNERSHIP UPDATE DISCLOSURE: By Montana law, failure of the parties at closing or transfer 172 of real property to pay the required fee to the Montana Department of Natural Resources and Conservation for 173 updating water right ownership may result in the transferee of the property being subject to a penalty. Additionally, in 174 the case of water rights being exempted, severed, or divided, the failure of the parties to comply with section 85-2-424, 175 MCA, could result in a penalty against the transferee and rejection of the deed for recording. 176 177 CLOSING AGENTS FEES: Closing agents fees will be paid by ❑ Seller® Buyer ❑ Equally Shared. 178 179 TITLE INSURANCE: Seller, at Seller's expense and from a title insurance company chosen by Seller, shall furnish 180 Buyer with an ALTA Standard Coverage Owners Title Insurance Policy (as evidenced by a standard form American 181 Land Title Association title insurance commitment) in an amount equal to the purchase price. Buyer may purchase 182 additional owner's title insurance coverage in the form of "Extended Coverage" or "Enhanced Coverage" for an 183 additional cost to the buyer. It is recommended that buyer obtain details from a title company. 184 185 CONDITION OF TITLE: All mortgages, judgements and liens shall be paid or satisfied by the Seller at or prior to 186 closing unless otherwise provided herein. Seller agrees that no additional encumbrances, restrictions, easements or 187 other adverse title conditions will be placed against the title to the property subsequent to the effective date of the 188 preliminary title commitment approved by the Buyer. 189 190 SPECIAL IMPROVEMENT DISTRICTS: Special Improvement Districts (including rural SIDs), including those that 191 have been noticed to Seller by City/County but not yet spread or currently assessed, if any, will be: 192 ❑paid off by Seller at closing; 193 [3 assumed by Buyer at closing; OR 194 ®assumed by Buyer at closing subject to Buyer's review and approval 195 All perpetual SIDs shall be assumed by Buyer. 196 197 ASSOCIATION SPECIAL ASSESSMENTS: Any special or non-recurring assessments of any non-governmental 198 association, including those that have been approved but not yet billed or assessed, will be: 199 ❑paid off by Seller at closing; 200 ❑assumed by Buyer at closing; OR 201 [Z]assumed by Buyer at closing subject to Buyer's review and approval 202 203 PRORATION OF TAXES AND ASSESSMENTS: Seller and Buyer agree to prorate taxes, Special Improvement 204 District assessments for the current tax year, as well as pre-paid rents, water and sewer system charges, heating fuel 205 and tank rental, irrigation assessments, Homeowner's Association dues and/or common maintenance fees, if any, as 206 of the date of closing unless otherwise agreed and No others 207 208 209 210 211 CONDITION OF PROPERTY: Seller agrees that the Property shall be in the same condition, normal wear and tear 212 excepted, from the date of the execution of this Agreement up to the time Buyer takes possession of the Property. 213 Seller will remove all personal property not included in this sale prior to closing. 214 215 NOXIOUS WEEDS DISCLOSURE: Buyers of property in the state of Montana should be aware that some properties 216 contain noxious weeds. The laws of the State of Montana require owners of property within this state to control, and to 217 the extent possible, eradicate noxious weeds. For information concerning noxious weeds and your obligations as an 218 owner of property, contact either your local County extension agent or Weed Control Board. 219 220 MEGAN'S LAW DISCLOSURE: Pursuant to the provisions of Title 46, Chapter 23, Part 5 of the Montana Code 221 Annotated, certain individuals are required to register their address with the local law enforcement agencies as part of 222 Montana's Sexual and Violent Offender Registration Act. In some communities, law enforcement offices will make the 223 information concerning registered offenders available to the public. If you desire further information please contact the 224 local County Sheriffs office, the Montana Department of Justice, in Helena, Montana, and the probation officers 225 assigned to the area. I ©MONTANA ASSOCIATION OF REALTORS® I r Land Buy-Sell Agreement,March 2013 Page 4 of 7 Buyers Initials Seller's ni is s Produced with zipForm®by zlpLoglx 18070 Fifteen Mlle Road,Fraser,Michigan 48026 www.z]pLooix.com Flanders Mill 226 BUYER'S REMEDIES: (A) If the Seller fails to accept the offer contained in this Agreement within the time period 227 provided in the BUYER'S COMMITMENT section, all earnest monies shall be returned to the Buyer. (B) If the Seller 228 accepts the offer contained in this Agreement, but refuses or neglects to consummate the transaction within the time 229 period provided in this Agreement, the Buyer may: 230 (1) Demand immediate repayment of all monies that Buyer has paid as earnest money, and upon the return of 231 such money, the rights and duties of Buyer and Seller under this Agreement shall be terminated; OR 232 (2) Demand that Seller specifically perform Seller's obligation under this Agreement; OR 233 (3) Demand monetary damages from Seller for Seller's failure to perform the terms of this Agreement. 234 235 SELLER'S REMEDIES: If the Seller accepts the offer contained in this Agreement and Buyer refuses or neglects to 236 consummate the transaction within the time period provided in this Agreement,the Seller may: 237 (1) Declare the earnest money paid by Buyer be forfeited; OR 238 (2)Demand that Buyer specifically perform Buyer's duties and obligations under this Agreement; OR 239 (3) Demand that Buyer pay monetary damages for Buyer's failure to perform the terms of this Agreement. 240 241 BUYER'S AND SELLER'S CERTIFICATION: By entering into this Agreement, each person or persons executing this 242 Agreement, as Buyer or Seller, represents that he/she is eighteen (18) years of age or older, of sound mind, and 243 legally competent to own or transfer real property in the State of Montana; and, if acting on behalf of a corporation, 244 partnership, or other non-human entity, that he/she is duly authorized to enter into this Agreement on behalf of such 245 entity. 246 247 FOREIGN PERSON OR ENTITY: Sellers are not foreign persons, non-resident aliens, foreign corporations, foreign 248 partnerships, foreign trusts, or foreign estates, as those terms are defined in the Internal Revenue Code and the 249 Income Tax Regulations promulgated thereunder. Unless the purchase price of the Property does not exceed 250 $300,000 and the Buyer is purchasing the Property for use by Buyer as a personal residence, Sellers shall deliver to 251 Buyer a certificate of non-foreign status in the form required by the Income Tax Regulations and reasonably 252 acceptable to Buyer and/or Buyer's attorney. In the event Sellers do not deliver the certificate to Buyer at or before 253 closing, Sellers acknowledge and agree that Buyer may withhold ten percent (10%)of the Purchase Price and submit 254 this amount to the Internal Revenue Service, pursuant to Section 1445 of the Internal Revenue Code. 255 256 CONSENT TO DISCLOSE INFORMATION: Buyer and Seller hereby consent to the procurement and disclosure by 257 Buyer, Seller, and Salespersons and their attorneys, agent, and other parties having interests essential to this 258 Agreement, of any and all information reasonably necessary to consummate the transaction described in this 259 Agreement, specifically including access to escrows for review of contracts, deeds, trust indentures, or similar 260 documents concerning this property or underlying obligations pertaining thereto. 261 262 RISK OF LOSS: All loss or damage to any of the above-described real property or personal property to any cause is 263 assumed by Seller through the time of closing unless otherwise specified. 264 265 TIME IS OF THE ESSENCE: Time is of the essence as to the terms and provisions of this agreement. 266 267 BINDING EFFECT AND NON-ASSIGNABILITY: This Agreement is binding upon the heirs, successors and assigns 268 of each of the parties hereto; however, Buyer's rights under this Agreement are not assignable without the Seller's 269 express written consent. 270 271 ATTORNEY FEES: In any action brought by the Buyer or the Seller to enforce any of the terms of this Agreement, 272 the prevailing party in such action shall be entitled to such reasonable attorney fees as the court or arbitrator shall 273 determine just. 274 275 COMMISSION: The Seller's and/or Buyer's commitment to pay a commission in connection with this transaction is an 276 integral part of this Agreement. 277 278 FACSIMILE: The parties agree that a facsimile copy of this Agreement to Sell and Purchase which contains the 279 parties'signatures may be used as the original. ®MONTANA ASSOCIATION OF REALTORSO Page 5 of 7 Buyers Initials Land Buy-Sell Agreement,March 2013 Sellers Initi la s Produced with zipForm®by zipLogix 18070 Fifteen Mile Road,Fraser,Michigan 48026 www.zinLoaix.com Flanders Mill 280 ENTIRE AGREEMENT: This Agreement, together with any attached exhibits and any addenda or amendments 281 signed by the parties, shall constitute the entire agreement between Seller and Buyer, and supersedes any other 282 written or oral agreements between Seller and Buyer. This Agreement can be modified only in writing, signed by the 283 Seller and Buyer. 284 285 COUNTERPARTS: A copy of this document may be executed by each individual/entity separately, and when each 286 has executed a copy thereof, such copies, taken together, shall be deemed to be a full and complete contract between 287 the parties. 288 289 EARNEST MONEY DISPUTES: Buyer and Seller agree th'bt, in the event of any controversy regarding the earnest 290 money and things of value held by the Broker, closing agent, or any person or entity holding such money or property, 291 unless mutual written instructions are received by the holder of the earnest money and things of value, Broker or 292 closing agent shall not be required to take any action, but may await any proceedings, or, at Broker's or closing 293 agent's option and sole discretion, may interplead all parties and deposit any monies or things of value in a Court of 294 competent jurisdiction and may utilize as much of the earnest money deposit as may be necessary to advance the 295 cost and fees required for filing such action. 296 297 ADDENDA AND/OR DISCLOSURES ATTACHED: (Check all that apply.) 298 ❑Sale of Buyer's Property ❑1031 Tax Deferred Exchange 299 ❑Addendum for Additional Provisions ❑Back-up Offer 300 ®Water Rights Acknowledgement 301 ®Relationship/Consents in Real Estate Transactions, Owners Property Disclosure_ 302 303 RELATIONSHIP CONFIRMATION: The parties to this agreement confirm that the real estate licensees identified 304 hereafter have been involved in this transaction in the capacities indicated below and the parties have previously 305 received the required statutory disclosures setting forth the licensees duties and the limits of their obligations to each 306 party: 307 308 na of na 309 (name of licensee) (name of Brokerage company) 310 is acting as ❑Seller's Broker/Salesperson; ❑Dual Broker/Salesperson; ❑Statutory Broker. 311 312 Paul Rubriaht of Prudential Montana Real Estate 313 (name of licensee) (name of Brokerage company) 314 is acting as ®Buyer's Broker/Salesperson; ❑Dual Broker/Salesperson; ❑Statutory Broker; 315 ❑Seller's Broker/Salesperson (includes Seller's Sub-Broker or Salesperson). 316 317 BUYER'S ACKNOWLEDGMENT: Buyer acknowledges that he/she has examined the real and personal property, 318 that Buyer enters into this Agreement in full reliance upon his/her independent investigation and judgement, that prior 319 verbal representations by the Seller or Seller's agent or representatives do not modify or affect this Agreement, and 320 that by signing this Agreement Buyer acknowledges having read and understood this entire Agreement. 321 322 BUYER'S COMMITMENT: I/We agree to purchase the above-described Property on the terms and conditions set 323 forth in the above offer and grant to said Salesperson until (date) November 1, 2013 324 at 5 ❑a.m. [@ p.m. (Mountain Time)to secure Seller's written acceptance, whether nor not that 325 deadline falls on a Saturday, Sunday or holiday. Buyer may withdraw this offer at any time prior to Buyer being 326 notified of Seller's written acceptance. If Seller has not accepted by the time specified, this offer is automatically 327 withdrawn. 328 The parties hereto, all agree that the transaction contemplated by this document may be conducted by electronic 329 means in accordance with the Montana Uniform Electronic Transaction Act. ff-- ©MONTANAASSOCIATION OF REALTORS® Buyer's Initials Land Buy-Sell Agreement,March 2013 Page 6 of 7 Sellers Initials Produced with zipForm®by zipLoglx 18070 Fifteen Mlle Road,Fraser,Mlchlgan 48026 www.z]pLag'x.com Flanders Mill 330 UWE HEREBY ACKNOWLEDGE receipt of a copy of this Agreement bearing my/our signature(s). 331 332 Buyer's Address: P.O. Box: 4349 City Bowan 333 334 State MT Zip Code 59772 Phone Number 406-580-9163 335 336 Buyer's Name Printed: soccer Education Foundation Inc. and,or assigns 337 338 Dated tJ1i October 14 013 at 11 ®am ❑ pm (Mountain Time). 339 341 (Buyer's Signature) s (Buyer's Signature) 342 343 344 OFFER PRESENTATION: This offer was presented to the Seller(s)on 345 346 Date: October 14, 2013 Time 3 ❑am®pm By: 347 (Signature of person presenting the offer) 348 SELLER'S COMMITMENT: I/We agree to sell and convey to Buyer the above-described Property on the terms 349 and conditions herein above stated. I/We acknowledge a receipt of a copy of this Agreement bearing my/our 350 signature(s)and that of the Buyer(s) named above. 351 352 Seller's Address: City 353 354 State Zip Code Phone Number 355 356 Seller's Name Printed: 357 358 Dated this at ❑am ❑ pm (Mountain Time). 359 360 361 (Seller's Signature) (Seller's Signature) 362 363 ACTION TAKEN, IF OTHER THAN ACCEPTANCE: 364 365 I/We acknowledge receipt of this Agreement bearing my/our initial(s) and the signature(s) of the Buyer(s) named 366 above. 367 368 ❑Rejected by Seller / I ❑Modified per Attached Counter I I 369 Seller's Initials Date Seller's Initials Date NOTE: unless otherwise expressly stated the term"Days"means calendar days and not business days. Business days are defined as all days as except Sundays and holidays. Any performance which is required to be completed on a Saturday, Sunday or a holiday can be performed on the next business day. @MONTANA ASSOCIATION OF REALTORS@ Land Buy-Sell Agreement,March 2013 Page 7 of 7 Produced with zlpForm®by zlpLoglx 18070 Fifteen Mile Road,Fraser,Michigan 48026 iEO w-z1R499iX,SQr1 Flanders Mill