HomeMy WebLinkAbout15- Bozeman Sports Park Foundation and City for the Bozeman Sports ParkAgreement between City of Bozeman and the Bozeman Sports Parks Foundation, Inc,
for the Bozeman Sports Park
This Agreement between the City of Bozeman and the Bozeman Sports Park Foundation, Inc. for the
development of the Bozeman Sports Park (the "Agreement") is entered into this 23rd day of February,
2015, between the City of Bozeman, Montana, a self-governing municipal corporation organized and
existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman,
Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City",
and the Bozeman Sports Parks Foundation, a Montana nonprofit corporation, with a mailing address of
PO Box 1126, Bozeman, MT 59771, hereinafter referred to as "Foundation" and together with the City,
the "Parties,"
The Foundation and the City enter into this Agreement in consideration of the mutual covenants and
agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged. As such,
the Parties agree as follows:
1. Recitals:
The following recitals form the basis for the Parties' intentions and as such are material to this
Agreement.
a. On November 6, 2012 the voters of the City approved the creation of a bond fund for the
acquisition, construction and maintenance of new parks, trails, open spaces, and multi-
use recreation fields and facilities (the "TOP Bond Fund").
b. The Sports Park Committee applied for funding from the TOP Bond Fund for the
acquisition and development of the Bozeman Sports Park (the "Sports Park"),
c. The Bozeman City Commission approved the conceptual plan and authorized up to
$7,500,000 (seven million five hundred thousand dollars) of funding from the TOP Bond
Fund to develop the Sports Park with Resolution No. 4521 (attached as Exhibit A) on
April 7, 2014.
d. The Foundation was incorporated on October 20, 2014 as a Montana nonprofit
corporation.
e. The Foundation desires to accept responsibility for compliance with the financial
contribution obligations offered to the City by the Sports Park Committee and required of
the Sports Park Committee by the Bozeman City Commission at a hearing ori the
application held on April 7, 2014 and the Parties recognize such offering of financial
contribution was inducement for the City to approve Resolution 4521 and authorize the
levels of funding from the TOP Bond Fund contained therein.
Agreement between the City of Bozeman and the Bozeman Sports Park Foundation, Inc.
for the Development of the Bozeman Sports Park
Page 1 of 8
f The Foundation represents it has the power and authority to enter into this Agreement,
and the experience and ability to fulfill its obligations under this Agreement.
g. Commission Resolution No, 4521 states that City funding is contingent on the City and
the Foundation entering into a binding agreement describing the financial and in-kind
contributions proposed in the Sports Park Committee's funding application and as
addressed in the Commission's motion on April 7, 2014, to be approved by the City
Commission prior to the expenditure of any funds as stated in section one of Resolution
No. 4521„
li. The City and the Foundation envision a public-private collaboration in which the Patties
work together to achieve the project goals described in Resolution No. 4521.
i. The City has acquired the +/- 80 acre parcel of land described in Resolution No. 4521,
which has been designated as open space land for purposes of compliance with the Open
Space Laud and Voluntary Conservation Easement Act (Title 76, Chpt, 6, MCA),
2. Purpose: The Parties intend to work together in a collaborative manner on the planning and
development of the Park Project, which will allow the Park Project to benefit from the Parties'
respective expertise and skills. The purposes of this Agreement are to (a) fulfill the requirements
of Commission Resolution No. 4521, (b) establish the rights and obligations of the Parties to each
other regarding the financing, design, development and construction of Phase 1 of the Bozeman
Sports Park (the "Park Project"), and (c) to provide the framework for the City and Foundation to
cooperate as the City plans and develops the Park Project. The Parties contemplate continued
cooperation between them as the City plans for and develops future phases of the Sports Park
beyond the scope of what has been currently funded by the TOP Bond Fund and what has been
pledged by the Foundation as its contribution to the Park Project as described in Section 6. Stich
future cooperation will be memorialized in separate agreement(s). Nothing herein provides or
guarantees the Foundation any right, title, or interest to the Sports Park Property or provides the
Foundation any right of decision matting regarding planning, development, or future use of the
Sports Park. To facilitate collaboration between the Parties, each Party will endeavor to give the
other Party a reasonable opportunity to attend and participate in, and the Parties will endeavor to
attend, the organizations' meetings at which the Park Project is to be discussed.
3. General Description of Sports Park Project: The general goals of the Park Project are to create
a public recreational and athletic complex on the Sports Park as described in Resolution 4521.
4, Term/Effective Date: This Agreement is effective upon the date of its execution and will
terminate once the Parties' obligations under this Agreement are fulfilled, unless earlier
terminated as provided herein.
5. No Partnership or Agency: Neither Party shall be considered a partner or agent of the other
Party, and this Agreement does not create a partnership or principal -agent relationship between
the Parties. Neither Party shall have any right, power or authority to create any obligation,
expressed or implied, on behalf of the other Party. The cooperative effort between the City and
Agreement between the City of Bozeman and the Bozeman Spouts Park Foundation, Inc.
for the Development of the Bozeman Sports Park
Page 2 of 8
Foundation does not create a separate legal entity and neither the Foundation nor the City shall
have the right to bind the other Party vis a vis any third party. The purpose of the collaboration is
to work together to complete the Sports Park and achieve the Parties' common goals as stated in
the Recitals above.
6. Foundation Contribution: For the Park Project, the Foundation must contribute to the City as
the City develops the Park Project, the equivalent of $976,100 (nine hundred seventy six
thousand, one hundred dollars) through either direct cash contributions, in-kind contributions, or
a combination thereof (hereinafter referred to as the "Foundation Contribution"). The Foundation
Contribution will be applied to the physical development of athletic fields and associated Sports
Park amenities. If any portion of the Foundation Contribution is subject to a donor -imposed
restriction regarding use, the Foundation will promptly inform City's Representative of the
restriction. If such donor -restricted donation pertains to a feature or amenity that is not included
in the approved Master Plan, the Foundation will obtain the City's consent to the restriction prior
to acceptance of the donation, such consent not to be unreasonably withheld. As the Park Project
progresses, this Agreement may be amended from time to time to reflect in greater detail the
form, planner and timing of the Foundation's contributions to the Park Project.
a. For in-kind contributions: at a time and in a manner determined by the City but no later
than the awarding of construction bids for any portion of the Park Project, the Foundation
shall provide the City detailed information regarding in-kind (non-cash) contributions it
will seek to include as pant of the Foundation Contribution, be it the provision of services,
improvements, appurtenances, discounts on goods or equipment, or the transfer to the
City of personal property. Whether and to what extent in-kind contributions will count
toward the Foundation Contribution will be finally determined by the City. At any time,
the City may require the Foundation provide the City invoices and such other
documentation sufficient to evidence to the City's satisfaction the value of the in-kind
contribution. Where the value of the in-kind contribution is not readily ascertainable, the
Foundation's contribution will be at the rates established in the then -current Bureau of
Labor Statistics Schedule of Occupational and Employment Wage Estimates for the State
of Montana (available at http:l/www.bls. ov;oes/ca��°aent/cies int.11t111447-0000) or as
otherwise mutually agreed by the Parties. The Foundation must provide insurance,
including worker's compensation coverage, for any volunteer the Foundation seeks to
count toward its in-kind contribution. Any professional service providers, vendors or
contactors who have agreed to provide a lower price as part of the Foundation match
will be required to comply with all applicable City and State procurement regulations.
b. For cash contributions: at a time and in a manner determined by the City but no later than
the award of construction bids for the Park Project, the Foundation shall: 1) transfer such
cash to the City; 2) provide documentation to the City as to the manner and timing of
transferring such cash to City; or 3) pay invoices directly, or a combination thereof. Cash
donations received by the Foundation as pant of its fundraising campaign will be held by
Agreement between the City of Bozeman and the Bozeman Sports Park Foundation, Inc.
for the Development of the Bozeman Sports Pack
Page 3 of 8
the Foundation prior to disbursement of such funds on an as -needed basis for design and
construction of the Park Project pursuant to the terms of this Agreement.
c. The Parties expect that at least 50% of the Foundation Contribution will be available for
disbursement to the City no later than June 30, 2015, with the remainder of the
Foundation Contribution available no later than June 30, 2016. The City may proceed
with awarding the construction contract based on the amount of funds available at the
time of award. if the Foundation has not raised the full Foundation Contribution by or
before June 30, 2016, the City Commission may grant an extension by amendment to this
Agreement. The Foundation will use reasonable, good faith efforts to raise private funds
in an amount sufficient to at least equal the Foundation Contribution, and will provide
regular updates on the progress of the fundraising efforts to the City.
d. The Foundation recognizes the City Commission may, in its sole discretion, adjust the
funding authorized in Resolution 4521.
7. Ownership/Warranties/Administration:
a. The City will own all improvements and appurtenances made to or upon the Sports Park
from the Foundation Contribution and all personal property approved by the City to be
counted toward the Financial Contribution. The City may require the Foundation to
provide bills of sale evidencing such transfer.
b. Warranties on any equipment contributed to or installed upon the Sports Park as part of
the Foundation Contribution must be assigned to the City.
c. Upon completion of the Park Project, the Sports Park will be open to the general public
for use pursuant to City policies.
d. The Sports Park will be managed and maintained by the City. The City may, in its sole
discretion, enter into a separate agreement with the Foundation for the management of
field allocation, facility scheduling and user group coordination.
8. Sports Park Master Plan: The City will work cooperatively with the Foundation as the City
develops and performs the process to develop a Master Plan for the Sports Park to ensure that true
Foundation's input into the design features of the Park Project is sought and considered by the
City. This planning process will follow the guidelines established by the City. The initial
conceptual Sports Park plan that will form the basis for the master planning process will
incorporate the preliminary design as provided for in the Sports Park Committee's application
and as further refined by the Sports Park Committee and will be modified by the City to reflect
the various rights of way that will be required for off-site infrastructure, utility connections, and
the provision of water for irrigation. Following review by the City's Development Review
Committee, the City Commission shall have sole discretion in approving the final Sports Park
Master Plan, The Foundation understands and agrees certain features of the preliminary design as
approved with Resolution 4521 may not be included in the final approved Sports Park Master
Agreement between the City of Bozeman and the Bozeman Sports Park Foundation, Inc.
for the Development of the Bozeman Sports Park
Page 4 of 8
Plan depending on factors including but not limited to the planning process and whether the
Foundation's Contribution is sufficient to cover the costs of including such features. The City will
continue to coordinate with the Foundation and its associated sub -committees throughout the
planning process.
9. Additional Documentation: The Foundation agrees to provide documentation as the City may
reasonably request demonstrating the Foundation's compliance with this Agreement and with
applicable provisions of federal, state, and local law.
10. Design and Construction:
a. To facilitate collaboration between the Parties, the Parties agree to hold and attend
regular status meetings during design and construction of the Park Project. The Parties
anticipate the Foundation will participate in the design, construction bidding, and award
process as appropriate.
b. Upon approval by the Bozeman City Commission of the Sports Park Master Plan, the
City shall in a time and planner as determined by the City, contract for design and
engineering of various aspects of the Park Project and shall be the contracting entity for
all construction activities of the Sports Park except as may be approved in writing by the
City's Representative, and subject to applicable City regulations and requirements.
c. if the City authorizes the Foundation to contract for or provide as part of the Foundation
Contribution design, engineering, construction, or other work pursuant to the Sports Park
Master Plan, the Foundation shall comply with the City's required procurement processes
for the bidding and awarding of public works contracts and the City's customary risk
management requirements (such as indemnification and the provision of insurance
naming the City as an additional insured). In any work on the Sports Park under this
section, the Foundation will be authorized to proceed with such work only through
addendum to this Agreement and approval of a separate License Agreement with the City
allowing the Foundation to perform work on City property.
11. NaminRights-, Sponsorship; Recognition of Donors: The Parties will work together to
formulate standards and criteria for naming rights, sponsorship, and other recognition of donors
to the Foundation's fundraising campaign, subject to approval of such standards and criteria by
the Bozeman City Commission.
12. Representatives:
a. The City's Representative for the purpose of this Agreement shall be Mitch Overton
(Parks and Recreation Director) or such other individual as City shall designate in
writing. Whenever approval or authorization from or communication or submission to
City is required by this Agreement, such communication or submission shall be directed
Agreement between the Cite of Bozeman and the Bozeman Sports Park Foundation, Inc.
for the Development of the Bozeman Spoils Park
Page 5 of 8
to Mitch Overton as the City's Representative and approvals or authorizations shall be
issued only by such Representative; provided, however, that in exigent circumstances
when City's Representative is not available, the Foundation may direct its
communication or submission to other designated City personnel or agents as listed
above and may receive approvals or authorization from such persons.
b, The Foundation's Representative for the purpose of this Agreement shall be
or such other individual as the Foundation shall designate in writing.
Whenever direction to or communication with the Foundation is required by this
Agreement, such direction or communication shall be directed to Foundation's
Representative; provided, however, that in exigent circumstances when Foundation's
Representative is not available, City may direct its direction or communication to other
designated Foundation's personnel or agents.
13. Indemnity and Release: The Foundation agrees to indemnify, defend and hold the City
harmless from and against any and all liability to any third party for or from loss, damage or
injury to persons or property in any manner arising out of, or incident to, negligent acts, errors,
omissions, or willfiil misconduct by the Foundation or its officers, employees, or agents in the
performance of its work on the Sports Park. Unless otherwise agreed to in writing, both the City
and Foundation shall be solely responsible for any contracts they enter into or other obligations or
liabilities incurred by such party in connection with their respective roles under this Agreement
and the Sports Park. The indemnification requirements of this Section shall survive the Term of
this Agreement.
14, Modification and Assienability. This Agreement may not be enlarged, modified or altered
except by written agreement signed by both parties hereto. The Foundation may not assign its
rights or obligations under this Agreement without the prior written consent of the City
Commission. Any assignee will be bound by all of the terms and conditions of this Agreement.
15. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance
thereof shall continue in effect.
16. Applicable Law: The Patties agree that this Agreement is governed in all respects by the laws of
the State of Montana.
17. Binding Effect: This Agreement is binding upon and inures to the benefit of the hews, legal
representatives, successors, and assigns of the Parties.
18. Press Releases; Publicity; Events: The Foundation agrees to provide the City a reasonable
opportunity to participate in any significant public outreach or publicity events relating to the
Park Project, including in the advertising materials for such events, hi order to reflect the
cooperative nature of the Park Project. It is not anticipated that the City will be involved in the
platming or execution of such events, nor is it anticipated that a representative of the City need
attend any or all of sucli events, The Foundation shall make clear at such events and in its written
Agreement between the City of Bozeman and the Bozeman Spouts Park Foundation, Inc.
for the Development of the Bozeman Sports Park
Page 6 of 8
materials advertising such events that it represents the interests of the Foundation only, and not
that of the City or the Parks Department.
19. Nondiscrimination: The Foundation will have a policy to provide equal employment
opportunity in accordance with all applicable state and federal anti -discrimination laws,
regulations, and contracts. The Foundation will not refuse employment to a person, bar a person
from employment, or discriminate against a person in compensation or in a term, condition, or
privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital
status, national origin, actual or perceived sexual orientation, gender identity, physical or mental
disability, except when the reasonable demands of the position require an age, physical or mental
disability, marital status or sex distinction. The Parties shall be subject to and comply with Title
VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations
promulgated thereunder. The Foundation shall require these nondiscrimination terms of its
contractors, agents, or sub -contractors providing services under this Agreement.
20. Non -Waiver: A waiver by either Party of any default or breach by the other Party of any terms
of conditions of this Agreement does not limit the other Party's right to enforce such term or
conditions or to pursue any available legal or equitable rights in the event of any subsequent
default or breach.
21. Attorney's Fees and Costs: hi the event it becomes necessary for either Party of this Agreement
to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any
notice required herein, then the prevailing Party or the Party giving notice shall be entitled to
reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to
include City Attorney.
22. No Third -Party Beneficiary: This Agreement is for the exclusive benefit of the Parties, does
not constitute a third -party beneficiary agreement, and may not be relied upon or enforced by a
third party.
23. Counterparts: This Agreement may be executed in counterparts, which together constitute one
instrument.
24. Integration: This Agreement and all exhibits attached hereto constitute the entire agreement of
the parties. Covenants or representations not contained therein or made a part thereof by
reference, are not binding upon the parties. There are no understandings between the parties
other than as set forth in this Agreement. All communications, either verbal or written, made
prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made
a part of this Agreement by reference.
Agreement between the City of Bozeman and the Bozeman Sports Park Foundation, Inc.
for the Development of the Bozeman Sports Park
Page 7 of 8
25, Extensions: This Agreement may, upon mutual agreement of the Parties in writing, be extended
to include future phases of development beyond Phase 1.
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above
written.
CITY OF BOZEMAN
13 C
(signature)]
name: Usk,
Title: Ma4ak'Q!C
BOZEMAN SPORTS PARKS FOUNDATION, INC.
By
(signature)
Print name:
Title:
APPROVED AS TO FORM:
A
P
B
Greg SWJIvan, Bozeman City Attorney
Agreement between the City of Bozeman and the Bozeman Sports Park Foundation, Inc.
for the Development of the Bozeman Sports Park
Page 8 of 8
EXHIBIT A
Bozeman City Commission Resolution No. 4521
COMMISSION RESOLUTION NO. 4521
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, TO FUND THE BOZEMAN SPORTS PARK, FROM MONIES WITHIN
THE TRAILS, OPEN SPACE AND PARKS BOND FUND.
WHEREAS, in Resolution No. 4386 the City Commission committed to the
designation of an advisory board or committee to review and make recommendations to the
Commission on proposals for use of Trails, Open Space, and Parks bond fund (TOP Bond Fund)
as said fiend was approved by the voters of the City of Bozeman on November 6, 2012; and
WHEREAS, on April 15, 2013 the Bozeman City Commission appointed the Trails,
Open Space and Parks Committee (TOP Committee) to assist the City Commission with the
duties stated within Resolution No. 4386• and
WHEREAS, the TOP Committee has reviewed and scored the Bozeman Spoils Park
(the "Project") as shown in the application presented by the Sports Park Committee dated
January 31, 2014 (the "Application'') utilizing; the City Commission approved evaluation criteria
established within Resolution No. 4471 and found that the Project collectively scored on average
more than Lave affirmative evaluations on the Rough Cut Matrix and on average over 60% of the
total points possible on each of the Community Benefit Matrix and the Multi -Use Recreation
Fields and Facilities; and
WHEREAS, this Project aligns and is consistent with goals set forth in the City of
Bozeman Parks, Recreation Open Space and Trails (PROST) plan; and
WHEREAS, this Project fulfills goals set forth in the Bozeman Community Plan by
providing for accessible, desirable, and adequately maintained public parks, open spaces, trail
systems, and recreational facilities for residents of the community.
Page 1 of 7
Resolution 4521, TOP Program Funding for the Bozernan Sports Park
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana:
Section 1
Approval of Fundin y Authority. The Commission hereby authorizes allocating funds from the
TOP Bond Fund for the Bozeman Sports Park (the "Project") in the total amount not to exceed
$7,500,000 (seven million five hundred thousand dollars). Of the $7,500,000, the Commission
allocates up to: (i) $2,100,000,00 (two million one hundred thousand dollars) for the acquisition
of up to approximately 80 acres more or less of land generally located north of a future West Oak
Street alignment, south of Baxter Road, east of a future extension of Cottonwood Road, and west
of Flanders Mill Road as more particularly described as the northern portion of Certificate of
Survey 2554A north of the to be constructed western alignment of Oak Street, as such COS is on
file and of record with the Gallatin County Clerk and Recorder as depicted on Exhibit A; (ii) up
to $1,788,000.00 (one million seven hundred eighty eight thousand dollars) for infrastructure
improvements as stated in the City Commission's adopted motion on April 7, 2014; and (iii) the
remainder of the up to $7,500,000 allocated to be used for park development and construction as
identified through a yet to be completed park master plan and as adopted by motion of the
Commission on April 7, 2014,
To the extent feasible and as applicable, the City will create payback districts for the off-site
infrastructure funded with this project. If and when received, such payback proceeds will be
deposited to the TOP Fund, for use in the construction of Cottonwood Road's street, water and
sewer improvements unless otherwise determined by the Commission or on existing or future
TOP Program projects.
Authorization of funds under this Resolution is contingent upon the following:
1. The City, as determined by the City Manager, either: (i) accepting assignment of an
existing purchase and sale agreement entered into between the Bozeman Soccer
Education Foundation (attached hereto as Exhibit B) and the Estate of Vesta Anderson
and Baxter Ranch Holdings, LTD (collectively referred to as the "Seller"); or (ii) the
execution of a new purchase and sale agreement between the City and the Seller.
Prior to the City agreeing to accept assignment or enter into a new purchase and sale
agreement the following must be completed to the satisfaction of the City Attorney:
a, The City acquiring from the Seller at closing water rights appurtenant to the real
property (or other interests in water) in a manner and form acceptable to the City
Attorney and of such volume and accessibility so as to sufficiently irrigate the
Project at full build out as depicted in the Application;
Page 2 of 7
Resolution 4521, TOP Program Funding for the Bozeman Sports Park
b. Satisfaction ofthe City Attorney, that upon the transfer of water rights at closing,
the City will have adequate legal access to transfer water to the Project through
the Farmer's Canal, Baxter Creek, and/or the Maynard border ditch and pipeline;
c. The City acquiring all rights, title, and interest to irrigation infrastructure fixed to
the real property deemed necessary by the City to provide irrigation to the
Project,
d. The completion and recording of a certificate of survey or other document, to the
satisfaction of the City Attorney, creating the parcel the City will acquire;
e, Agreement by the Seller to extend the date for closing as listed in the current
purchase and sale agreement from April 30' 2014 to June 30, 2014, said extension
being necessary to address the contingencies expressed in this section;
f, Evaluation of a soils analysis and water needs study by the Parks and Recreation
Department and acceptance of such report and conditions by the Director of the
Parks and Recreation Department;
g. Evaluation of a Phase 1 environmental assessment by the Parks and Recreation
Department and acceptance of such report and conditions by the Director of the
Parks and Recreation Department;
h, 'Transfer of the property from the Seller to the City must occur via warranty deed;
and
i. A determination by the City Attorney that all title issues have been adequately
addressed or will be adequately addressed prior to closing, including complete
satisfaction and release of the existing tax lien filed by the Internal Revenue
Service.
The $10,000 in earnest money provided to the Seller by the Soccer Education
Foundation, Inc, shall be negotiated by the Director of Parks and Recreation as part of an
agreement pursuant to item two, below,
Should the above conditions be met, the City Manager is hereby authorized to take all
steps necessary to accept assignment or negotiate a new purchase and sale agreement
including all steps necessary to execute the final agreement and close on the property.
2. The City entering into a binding agreement with representatives of the soccer, lacrosse,
or other sports communities describing the financial and in-kind contributions proposed
in the Application and as addressed in the Commission's motion on April 7, 2014. The
City may close on the purchase of the real property identified herein prior to execution of
a binding agreement. Except as may be determined by the City Commission, the binding
agreement must be in place prior to authorization of any funds beyond those related to
the purchase the real property, the development of water rights and related water
Page 3 of 7
Resolution 4521, TOP Program Funding for the Bozeman Sports Park
infrastructure, and other acts of the Commission such as amendments to the City's
impact fee capital improvements program.
3. The City Commission considering and approving amendments as necessary to the City's
Transportation Impact Fee Capital Improvements Program for the offsite infrastructure
related to Baxter Lane, the extension of Oak Street and Cottonwood Road, and the
improvement to the intersection of Durston and Cottonwood roads. The City may close
on the purchase of the property prior to considering and approving such amendments.
4. The City Commission considering and approving amendments as necessary to the City's
Water Impact Fee Capital Improvements Program for the infrastructure related to Baxter
Lane, Oak Street, and Cottonwood Road. The City may close on the purchase of the
property prior to considering and approving such amendments,
5. The City Commission considering and approving amendments as necessary to the City's
Sewer Impact Fee Capital Improvements Program for the offsite infi-astructure related to
infrastructure for Baxter Lane and Cottonwood Road. The City may close on the
purchase of the property prior to considering and approving such amendments.
Section 2
The Commission hereby concurs with the determinations of the TOP Committee for the Project
and finds the Project meets or exceeds the requirements for TOP Bond Funding as established in
Resolution No. 4471. The Commission finds the Project included in this Resolution fulfills the
intent, findings, policy, and purposes of the Open Space Land and Voluntary Conservation
Easement Act (Title 76, Chpt. 6, MCA) (the Act). Any real property acquired using TOP Bond
proceeds pursuant to this Resolution is hereby designated as open space land for purposes of
compliance with the Act.
Section 3
Project; The primary goals of the Project are;
- Create a +/- 80 acre Sports Park on property to be purchased by the City that would
include multi -use recreational fields as well as on-site improvements in support of such
playing fields.
- Pursue continued development and construction of additional sports fields and facilities
on the City owned property beyond the scope funded by TOPs via private, philanthropic
efforts in partnership with the City.
Page 4 of 7
Resolution 4521, TOP Program Funding for the Bozeman Sports Park
Section 4
Title and Administration, The City of Bozeman will own, manage and maintain the completed
Project and any and all site amenities associated with the Project. The completed Project will be
managed and maintained by the City Department of Parks and Recreation. The City may enter
into contracts with other persons or entities for development or management of any aspect of
developing the Project.
Section 5
Funding. The total cost of the initial phase of the Project is estimated at $7,500,000. Additional
costs have been identified to bring the project to completion. The TOP Committee recommends
up to $7,500,000 in Top Bond funding. The Sports Park Committee has committed to providing
matching funding in an amount to be determined in a Memorandum of Understanding between
the City and the applicants. The Sports Park Committee's commitment will be memorialized in a
binding agreement to be approved by the City Commission prior to expenditure of any funds
under this Resolution as stated in section one, above,
Section G
TOP Committee Evaluation. A majority of the TOP Committee approves the use of TOP Bond
Funds for the Project. The TOP Committee scores are as follows:
TOP - ROUGH CUT MATRIX: Bozeman Sports Park
Criterion
Mbr 1
Mbr 2
Mbr 3
Mbr 4
Mbr 5
Total
Yeses
Ballot Language
1
1
1
1
1
5
Identified in PROST
1
1
1
1
1
5
Aligns with Bozeman Community Plan
1
11
1
1
11
5
Balances types of Parks, Trails & Open Space
1
1
1
1
1
5
Maintenance Requirements or Needs
Feasible
1
1
1
0
1
4
Long -Term Investment for City
1
1
1
0
1
4
Feasible Partnership Opportunity
01
1
1
1
1
4
Opportunity to Leverage Bond Funds
0
1
0
0
0
1
Total Yeses
61
81
7
5
7
33
*One point for each yes vote
Page 5 of 7
Resolution 4521. TOP Program Funding for the Bozeman Spouts Park
MATRIX - SCORING —Sports Park Community Benefits Matrix
TOP - PREVAILING CHARACTERISTICS MATRIX: MULTI -USE FIELDS/FACILITIES- SCORING - Sports Park
Criterion
Mmbr
#1
Mmbr
#2
Mmbr
#3
Mmbr
#4
Mmbr
#5
Total
Points
Total Possible
Points
Percentage
Variety
4
5
3
5
5
22
25
88.00%
Distribution
4
5
5
5
3
22
25
88.00%
Enhancement
3
51
5
4
4
21
25
84.00%
Balance
4
51
5
5
4
23
25
92.00%
Leverage
0
2
4
5
3
14
25
56.00%
Connections
3
3
4
3
3
16
25
64.00%
Total Points
18
25
26
27
221
118
150
78.67%
Tot. Possible
S.
30
30
30
30
30
150
Percentage
60.00%
83.33%1
86.67%1
90.00%
73.33%
78.67%
TOP - PREVAILING CHARACTERISTICS MATRIX: MULTI -USE FIELDS/FACILITIES- SCORING - Sports Park
Criterion
Mmbr
#1
Mmbr
#2
Mmbr
#3
Mmbr
#4
Mmbr
#5
Total
Points
Total Possible
Points
Percenta
ge
Host Regional Events
30
30
30
30
30
150
150
100.00%
Infrastructure Demands
5
?
15
20
10
50
125
40.00%
Major Thoroughfare
Access
12
20
20
20
12
84
100
84.00%
Short&Long-term
Maintenance
12
20
20
16
12
80
100
80.00%
Appropriate Scale for
Area
20
20
20
16
20
96
100
96.00%
Total Points
79
90
105
102
84
460
575
80.00%
Tot. Possible Points
115
115
115
115
115
600
Percentage
68.70%
78.26%191.30%
88.70%
73.04%
76.67%
Page 6 of 7
Resolution 4521. TOP Program Funding for the Bozeman Sports Park
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the 14th day of April, 2014,
EST:IA
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JEFFRE S
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Page 7 of 7
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(LAND) BUY-SELL AGREEMENT _
HFa11.TORt oea'r`oat�llr�r
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 assicrns ,as
6 []joint tenants with rights of survivorship, ❑ tenants in common, ❑ single In his/her own right, ® Other Nor,--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. JA COS 2554A
9 Gallatin County, Montana, approximately 79.871 Acres
10 in the City of Bozeman , County of Gallatin
11 Montana, legally described as:West 112_, 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 oro s
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 9 000.00 earnest money to be applied at closing.
27 $ as additional cash payment, payable on or before closing.
b 28 $ „ 1, 990, 000, oo balance of the purchase price will be financed as follows:
29 ❑ Conventional ® Other Financing ❑ Seller Financing ❑ Assumption ❑ Home equity
30 Citz of Bozeman Montana, Trails en 8 ace and Parke 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 tender 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:
61 ❑ 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,ilsystems, alarms, garage door opener(s),
r_ _ _.,
56 and Homeowner's Association facilities, if applicable.
@MONTANA ASSOCIATION OF REALTORS®
uye s tnittels Land Buy-Sell Agreement, March 2013 Page 1 of 7 e In !s
Prudmdal MOraana Rol Estate 2001 Stadium brive lloeeman MT 19711 Plw W 406,180.9161 Fax' Flanders kat
Paul Rubd8hi Produced with zipForrns by zipLogtx 18070 Fifteen Mile Road, Fraser, Michigan 40026 www,zipLogix:ccim
57 RECEIPT OF EARNEST MONEY: Buyer agrees to provide Earnest Money in the amount of Ten Thousand
58 U.S. 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; tM OR, Check to be delivered to seller I s title
61 company by buyer 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 Rubrigbt (4061580-9163
73 (Broker/Salesperson's Printed Name and Phone Number) (Signature of BrokedSalesperson)
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 I
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 IM 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:
®MONTANA ASSOCIATION OF REALTORS® Page 2 of 7 '`+ `►
Buyer's Initials Land Buy -Sell Agreement, March 2013 Seller's Initials
Produced with zipForrn® by zlpLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLooix com Flanders Mill
113
114
115
1116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
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132
133
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163
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1 169
170
TITLE CONTINGENCY: This offer is contingent upon Buyer's receipt and approval (to Buyer's satisfaction) of
the preliminary title commitment. Release Date: 90 days from Buyer's or Buyer's
representative's receipt of preliminary title commitment.
PROPERTY INVESTIGATION: This offer is contingent upon Buyer's independent investigation of the following
conditions relating to the property, including but not limited to; covenants, zoning, access, easements, well
depths, septic and sanitation restrictions, surveys or other means of establishing the corners and boundaries,
special improvement districts, restrictions affecting use, special building requirements, future assessments,
utility hook up and Installation costs, environmental hazards, airport affected area, road maintenance
obligations or anything else Buyer deems appropriate. Buyer agrees that any investigations or inspections
undertaken by Buyer or on his/her behalf shall not damage or destroy the property, without the prior written
consent of Seller. Further, Buyer agrees to return the property to its original condition and to indemnify Seller
from any damage or destruction to the property caused by the Buyer's investigations or inspections, if Buyer
does not purchase the property, Release Date: April 30, 2014
This offer is contingent upon contract beincr assigned to the city of Bozeman, Montana
Release Date: April 30, 2014
This offer is contingent upon Approval by the city of Bozeman, Montana and/or Gallatin
County, Montana of minor subdivision to create tract that is northern portion of
COS 2554A egproximatelV 79.871 Acres
Release Date; April 30, 2014
ADDITIONAL PROVISIONS: Paul Rubrivht is the president of the Soccer Education Foundation
Inc. and is also a licensed real estate broker in the state of Montana.
There is no commission in this transaction. (lines 275-276 are not applicable)
Seller is self -represented in this transaction and acknowledges .receipt of
RelationshinlConsents in Real Estate Transactions document which discloses the Buver
Accent's obligations to the Selle,Er.
CONVEYANCE: The Seller shall convey the real property by warranty
deed, free of all liens and encumbrances except those described in the title insurance commitment, as approved by
Buyer. The Seller shall convey the personal property by Bill of Sale.
WATER: All water, including surface water or ground water, any legal entitlement to water, including statements of
claim, certificates of water rights, permits to appropriate water, exempt existing rights, decreed basins or any ditches,
ditch rights, or ditch easements appurtenant to and/or used in connection with the Property are included with the
Property, except No exceptions.
Filing or transfer fees will be paid by ❑ Seller, ® Buyer, ❑ split equally between Buyer and Seller.
Documents for trailsf6ir—Will be pirep8red by Fiir st American Title_'Comtianv of gozemairi
`--.. ®MONTANA ASSOCIATION OF REALTORSO f
Page 3 of 7
Buyer's Initials Land Buy -Sell Agreement, March 2013 sellers Initials
Produced with zlpForm® by zipl.ogix 18070 Fifteen Mi(e Road, Fraser, Michigan 48026 ;:ti:::.zlpLQQbCCo u 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, ire
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 ❑ assumed by Buyer at closing; OR
194 iX assumed by Buyer at closing subieot to Buyer's review and approval
195 All perpetual STDs 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 i
201 ® assumed by Buyer at elosincr 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.
®MONTANA ASSOCIATION OF REALTORS®
Land Buy -Sell Agreement, March 2013 Page 4 of 7
Buyer's Initials e e sn ilt als
Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 40028 www.zinLooix.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 Sellers 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 SELLERS 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
261 Buyer a certificate of non -foreign status in the form required by the Income Tax Regulations and reasonably
252 acceptable to Buyer and/or Buyers 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
266 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 commitmentto 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.
W_ @MONTANA ASSOCIATION OF REALTORS® ''
Land Bu Self Agreement, March 2013 Rage b of T
Buyers Bs Y` 9 � Sellers initials
Produced with zlpFornt® by ztpLoglx 18070 Filteen Mile Road, Fraser, Michigan 48026 tilnnnv.zioLooix.enm 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 that, 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 agents 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 fling 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 ® lati a Cons s inft-al Estate Transactionse s Progegtx D tilos
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 AA
309 name o censee) (name of Brokerage company) I
310 is acting as ❑ Seller's Broker/Salesperson; ❑ Dual Broker/Salesperson; ❑ Statutory Broker.
311
312 Paul Rubright of Prudential Montana Reall, 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 BUYERS ACKNOWLEDGMENT: Buyer acknowledges that he/$he 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.
@MONTANA ASSOCIATION OF REALTORS® Paige 6 of 7
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330 INVE HEREBY ACKNOWLEDGE receipt of a copy of this Agreement bearing my/our signature(s).
331
332 Buyers Address: P.O. Box 4349 City Bozeman ,
333
334 State IU , Zip Code §9772 Phone Number 406-580-9163
335
336 Buyer's Name Printed: Soccer Education Foundation inc, and, or asaitIng
337
338 Dat"JIs AgetWex 20, 2013 , at 11 ® am ❑ pm (Mountain Time).
339
340 1-
341 (Buyer's Signature) (Buyer's Signature)
342
343
344 OFFER PRESENTATION: This offer was presented to the Seller(s) on345
346 Date: October 14, 2013 Time s ❑ am ® pm By: (/
347 (Signature of person presenting the offer)
348 SELLER'S COMMITMENT: INVe agree to sell and convey to Buyer the above-described Property on the terms
349 and conditions herein above stated. IAVe acknowledge a receipt of a copy of this Agreement bearing my/our
350 signature(s) and that of the Buyer(s) named above.
351
362 Seller's Address: City ,
353
364 State , Zip Code Phone Number
365
356 Seller's Name Printed:
357
358 Dated this �, _ .,,_, , at ❑ am ❑ pm (Mountain Time),
359
360
361 s Signature) (Seller's Signature)
362-'-
363 ACTION TAKEN, IF OTHER THAN ACCEPTANCE:
364
365 INVe acknowledge receipt of this Agreement bearing mylour initial(s) and the signature(s) of the Buyer(s) named
366 above.
367
368 ❑ Rejected by Seller ! ! ❑ Modified per Attached Counter / 1
369 Setter's Initials Date Setters initials Dale
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.
QMONTANA ASSOCIATION OF REALTORS®
Land Buy -Sell Agreement, March 2013 Page T of 7
Produced with zipForm® by zip Logix t OD70 Fifteen Mile Road, Fraser, Michigan WN S+ ww zIQLcOix.com Flandas Milt
(LAIC®) BUY -SELL AGREEMENT _
UT10a. ro�wri
1 This Agreement atipulatns the term of sale of this property. Read carefully before signing. This is a ir:gelly
2 binding contract if not understood, seek competent advice.
3
4 Date; October 14 2013
5 Soccer Education Foundation , Ina. and,or assigns as
6 p joint tenants with rights of survivorship, ❑ tenants in common, ❑ single In his/her own right, ® Other Ncn-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. IA COS 2554A
9 Gallatin County, Montana a roziwatol '79,871 Acctee
10 In the City of 90s®nan , County of Gallatin
11 Montana, legally described as: west 112, raw 1/4, aOCtion 3, xoxastli>s 2 South, Itanad 5 lost,
12 PMKj 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 Umber and non -harvested crops and all improvements therieon except:
17 nen-hslrvested 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: Hone
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 $ 10,200. 00 earnest money 10 be applied at closing.
27 $ as addiflaral cash payment, payable on or before dosing.
28 $ 1, 990, 000.00 balance of the purchase price will be financed as follows:
29 ❑ Conventional ® Other Financing E3Seiler Financing C3 Assumption . 0 Home equity
30 City of Bozeman Montana Trails, Space and Parks Bond blinds
31
32
33
34
35
36
37
38
39
40
41
42
43 CLOSING DATE: Thedate of dosing shall be (date) AprL1 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 l3uyer and Seiler 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 aacommadate 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 recelpt 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.
it QMONTANA ASSOCIATION OF RMTORSO Pape 1 of 7 !' f i
Buyers initials Land BUY -Sell Agreement, March 2813 fa intutm
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57 RECEIPT OF EARNEST MONEY., Buyer agrees to provide Earnest Money in the amount of fig, Thau&scut
58 U.S. Dollars ($ 10, D00, 00 ) as evidenced by p Cash,
59 the receipt of which is acknowledged by the undersigned Broker/Selespersm, OR p Check, the receipt of which is
60 acknowledged by the undersigned Broker/Salesperson; M OR, 219ra to be, da1ivSE2d to sailer" a k4kie
01comp-anyu s r his. ra xns tiy-e witb4a 2 de a i agemtAncm
62 if Buyer fails to pay the Earnest Money as set forth above, Buyer will be in default of this Agreement and Seller shalt 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 eamest monies will be deposited
56 pursuant to Montana law OR within (, �1 business days of the state all parties have signed the Agreement or
67
68 and such funds will be held in a trust account by . First Amerioau Title Coapany of BoESMan
69 Parties agree that Interest accruing on earnest money, If any, while deposited shat) be payable to: 8e].iar
70
71 If interest is payable to the Broker It is agreed that sums so paid are con"ratior for services rendered.
72 J!anyl rhjbricbt 144615$ 9166
73 (BrokerlSdespersoW's Printed Nam end Phone Number) (SV%Wre of Broker/Salesperson)
74 To be signed only if in actual receipt of Cash or Check,
76
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 dose 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 wrtden application for financing and pay to the tender any
86 required fees, apply for assumption of an existing loan or contract, or initiate any ation required for
87 completion of a contract for deed by 520 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.
99 '
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 6:00 p.m. (Mountain Time)
92 on the data speared 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 aonttngeney Is not raleased, 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 earliest money will be returned to the Buyer, unless the parties negotiate other terms
96 or provisions,
97
98 FINANCING CONTINGENCY:
99 IM This Agreement is contingent upon Buyer obtaining the financing spec€fred in the section of this Agreement
100 en ded'-eURCHASE PRICE AND TERMS". If financing cannot be obtained by the Closing Date this Agreement
101 is germinated and the earnest money will be refunded to the Buyer; OR
102
103 []This Agreement is oontingent upon Buyer obtaining the finanoing specified In the section of this Agreement
104 entilled "PURCHASE PRICE AND TERMS." Release Date:
105
106 APPRAISAL CONTINGENCY:
107 ® Property must appraise for at least ($ erc&A" Rrige ), 0 the Property does not appraise for at least the
10B specified amount, this Agreement is terminated and earnest money refunded to the Buyer unless the Buyer
109 elects to proceed with dosing 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 13 Property must appraise for at least ($ ). Release Date:
M= I WONTANA ASSOCIATION OF REALTORS® Page 2 011 C. t 1f (Z. it
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Produced Wh z1pFb" by iWM Fpt m 1AAs Rood, FmW, Wnh)a&n 18028 myj%tUWr iYiBS. Flmulm Mill
113 TITLE CONTINGENCY: This offer is contingent upon Buyer's receipt and approval (to Buyer's .satisfaction) of
114 the preliminary dile commitment Release Date: 90 days from Buyers or Buyer's
115 representative's receipt of preliminary title commitment.
118
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 at other means of establishing the comers and boundaries,
120 special improvement districts, restrictions affecting use, special building requirements, future assessments,
121 Wily 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 Seiler. 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 Buyer's investigations or inspections, if Buyer
126 does not purchase the property. Release Date: April 30, 2014
127 This offer is Contingent upon.contraot beipa assigned to tha gity of Haxenan. Montana
128
129
130
131
132 Release Date: April 30, 2014
133 This offer Is contingent upon rovxl by the city of Borman, Montana and/or Gallatin
134 County, Montana of minor subdivision to oreato traot 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 IRubright is the vrehaident of the 02gQ4x Eduogtion Foundation.
141 Ino. and in also a-licensed real estate broker iii the state of Montana.
142
143 There is„rjo eommiesicn in this transaction. tlines 275-276 are not aonlicable)
144
145 moiler is self-regreaanted in t_Ag trgn eaction and Aghoo-wledgen re`ahp%t of
146 Relstj2nshitDLCgneen&s in Agal Estgto Transactions daMnLt” which discloses the Hover „
147 Aaany l x obligations to the seller.
148
149
150
151
152
153
154
155
156
157
156
158
160 CONVEYANCE: The Seller shall convey the rent property by — _ waarr tv
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: A11 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 a=eptions _
168 •
169 Filing or transfer fees will be paid by ❑ Seller, 0 Buyer, C3 split equally between Buyer and Seller.
170 Documents for transfer will be prepared by Firpt Amariaan Tjt3jA coaoanv of Hoses;sn
(Z.. I ZMONTANA ASSOCIATION OF REALTORS®P.V 61 1�_ 1
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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 rase of water rights being exempted, severed, or divided, the failure of the parties to comply with section 85-2424,
175 MCA, could result In a penalty against the transferee and rejeetion 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 witty 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. Setter 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 dale of the
188 preliminary title commitment approved by the Buyer,
109
190 SPECIAL IMPROVEMENT DISTRICTS: Special Improvement Districts (tncludfng rural SIDs), including those that
191 have been noticed to Seller by City/County but nut yet spread or currently assessed, 9 any, will be:
192 ❑ paid off by Seller at closing;
193 ❑ assumed by Buyer at closing; OR
194 Managmed by Buyer at ca cin ct to
195 At perpetual SIDs shall be assumed by Buyer.
196
197 ASSOCIATION SPECIAL ASSESSMENTS: Any special or non-mcuring assessments of any non-govemmental
198 association, including those that have been approved but not yet billed or assessed, will be:
199 0 paid off by Selfer at closing;
200 0 assumed by Buyer at closing; OR
201 Mass at Bywer I a review And &0y&1
202
203 PRORATION OF TAXES AND. ASSESSMENTS. Seiler and Buyer agree bo 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 dosing unless otherwise agreed and: No others
207
208
209
210
211 CONDfTION 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.
2.13 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 laves 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 eonoeming 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 Tte 46, Chapter 23, Part 5 of the Montana Code
221 Annotated, certain individuals are required to mister 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 conceming registered offenders available to the public. if you desire further information please contact the
224 local County Sheriff's office, the Montana Departmant of Justice, in Helena, Montane, and the probation officers
225 assigned to the area.
WONTANAASSOCIATrON OF REALTORS®
? I Land Buy -Sail Agrao nanl, March 2018 Page 4 of 7 tAllera Irlitiale
Prodrxed wkh z a m* by ripW x 18070 Flflmn We Road, From, MOlgan 48026 W80gh"atco 0. r'landCM 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, ail 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 sunder this Agreement shall be terminated; OR
232 (2) Demand that Seiler specifically perform Sellers obligation under this Agreement; OR
233 (3) Demand monetary damages from Seller for Seller's fallure to perform the terms of this Agreement,
234
235 SELLER'S REMEDIES: If the Seller accepts they 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 Buyers duties and obligations under this Agreement; OR
239 (3) Demand that Buyer pay monetary damages for Buyer's failures 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 helshe 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 rtot foreign persons, non-resident aliens, foreign corporations, foreign
24e partnerships, foreign trusts, or foreign eatatea, as those terms are defined in the Internal Revenue Code and the
740 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 bo Buyer and/or Buyer's attorney, In the event Sellers do not deliver the certificate to Buyer at or before
253 dosing, Sellers acknowledge and agree that Buyer may withhold ten percent (10%) of the Purchase Price and submit
254 this amount to the 1nGernal Revenue Ser. ioe, pursuant to SeCtfon 1445 of the Internal Revenue Code.
255
256 CONSENT TO DISCLOSE INFORMATiION: Buyer and Seller hereby consent to the procurement and disc osure 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
250 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 properly 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 terns and provisions of this agreement.
266
267 BINDING EFFECT AND NON -ASSIGNABILITY: This Agreement is binding upon the heirs, successors and assigns
26B of each of the parties hereto; however, Buyers 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 can mission 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 ASSOCWTION OF REALTORS®
g n�,g% Land Buy -SNI Aor�eernent, March 2013 �Ne a 07
Ptoda4ted wish zfpF6w l by EpLaga 1e07A Finan Mie RaW, Fraver, MWOQM 46M 1200rd gLaulX.om Flendd4s NO
280 ENTIRE AGREEMENT: This Agreement, 'together wiih 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 individuallentity 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.
286
289 EARNEST MONEY DISPUTES: Buyer and Seller agree (fiat, in the event of any controversy regarding the earnest
290 money and things of value heli by the Broker, closing agent, or any person or entity holding such money or property,
291 unless mutual wrihan 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 sale 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 eamest 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 p 1031 Tax Defernad Exchange
299 ❑ Addendum for Additional Provisions p Back-up Offer
300 ® Water Rights Acknowledgement
301 IM Relationahi C nears in Ra®1 RatIlLo Trjangotiong, QMers PropartV Die sure
302
303 RELATIONSHIP CONFIRMATION: The parties to this agreement confirm that the real estate licensees ident€fied
3174 hereafter have been involved in this transaction in the capacities €ndicaW Wow 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 n of n
309 {name ioenaae) (name of Brokeme company)
310 is acting as ❑ Sellers Broker/Salesperson; ftp Dual Broker/Salesperson; ❑ Statutory Broker.
311
312 Paul Rubri of goal Estatte
313 (rune of licensee)(name of Brokenw amvany)
314 Is ecting as M Buyer's BrokeriSolesperson; ❑ Dual BrokeriSelesperson; [I 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
$22 BUYER'S COMMITMENT., VlNe 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, 2019 '
324 at 5 p a.m. �j p.m. (Mountain Time) to secure Seller's written acceptance, whe#mr nor not that
325 deadline fails on a Saturday, Sunday or holiday. Buyer may withdraw this offer at any time prior to Buyer being
326 noffied of Seller's written acceptance. if Seller has not accepted by the time specified, this offer Is automatically
327 vAthdrawn.
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 Un€form Electronic Transaction Act.
BMor+ITANA Assacwrani of REALTOR page e ofT � �
Buyers meals ""' Land Buy -Sell ApMemeK March 2013 `�s le!'a inftla
Produced wUh zipForm®by apLo A 18070 Film Mb Road, Frau, Nbehpan Orion ww _AoL com Fhmdm MUL
330 IIWE HEREBY ACKNOWLEDGE receipt of a copy of this Agreement bearing my/our signature(s).
331
332 Buyers Address: p ox 429 9 City ftasum ,
333
334 State MT Zip Code 59772 Rhone Number 406-00-j1§2
335
336 Buyer's Name Printed: Batsaer EducatjLan Foundation Ina. and, or assi-qns
337
338 Dated this r ,tw1i2jE 29. 9012 , at 11 " ®am (A+tountain Timer
339
340
341 (Buyers Signature) (Buyer's Signature)
342
343
344 OFFER PRESENTATION: This offer was presented to the Seller(s) on ) j
345a
346 Date: Oatob4r 14,2413 Time 2 ❑ am ® pm By: '
347 (Signature of person presenting the offer)
348 SELLER'S COMMITMENT: IfWe agree to sell and convey to Buyer the above-described Property on the terms
349 and conditions herein above stated. IANe acknowledge a racelpt of a Copy of this Agreement bearing my/our
350 signature(&) and that of the Buyers) named above.
351r� 1
352 Sellers Address: � `7 �3 ua _ It I e La t't e City
353
354 State _ > Zip Code _'7913A Phone Number
355
356 Sellers Name Printed: r
357 t
358 Dated this �� � Il _ , at W ❑ am ® pm (Mountain Time).
iso �L l
361 (Seller's Signature) (Seller's Signature)
362
363 ACTION TAKEN, IF OTHER THAN ACCEPTANCE:
364
385 I/We acknovAedge receipt of this Agreement bearing my/our initial(s) and the signratUre(s) of the Buyer(s) named
386 above.
367
368 ❑ Rejected by Seller /1 ❑ Modified per Attached Counter 1
369 Seller's Initials Date . alleys Initials Date w'
NOTE: Unless otherwise expressly stated the term Mays" means calendar days and not business days_ Business days are defined as all days
as except Sundays and holidays. Any perbrrnence which Is required to be completed an a Saturday, Sunday or a holiday can be
performed on tf>t ne)d busineas day.
CiSACiNTANA ASSOCIATION OF REALTORSO
Land Buy -Sell Agreement, Marsh 2013 Page 7 of 7
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