HomeMy WebLinkAbout15- Cannery Annexation District Agreement Return to:
City of Bozeman
Department of Community Development
20 East Olive Street
Bozeman,MT 59715
ANNEXATION DISTRICT AGREEMENT FOR
CANNERY DISTRICT PROPERTY
This Annexation District Agreement ("Agreement") is made A- , 2015,by CANNERY
DISTRICT PARTNERS, LLC, a Montana limited liability compan , 1006 West Main Street, Bozeman,
Montana 59715 (the "Landowner"), and the CITY OF BOZEMAN, a municipal corporation and self-
governing political subdivision of the State of Montana, City Hall, 121 North Rouse Avenue, Bozeman,
Montana 59715 (the"City"). Landowner and the City are sometimes referred to herein collectively as the
"Parties"and individually as a"Party."
RECITALS
A. Landowner is the owner in fee of contiguous parcels of real property (collectively, the "Cannery
District" or the "Project") situated both in the City of Bozeman and in Gallatin County, Montana,
legally described as follows:
In Gallatin County:
Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land being Tract 1 and
Tract 2 of Correction COS 2128B, and the parcel known as COS 2548, all located
within the SWi/ of Section 6, Township 2 South, Range 6 East, P.M.M, Gallatin
County,Montana.
In the City of Bozeman:
Lots 1,2, and 3 of Amended Subdivision Plat , a tract of land being Tract 3-A of
COS 2128B, and portions of Block 2 and Block 3 of the lines Addition to Bozeman
that lie North of Plats C-41-D and C-41-K which are considered East Oak Street,
located within the SWI/ of Section 6,Township 2 South,Range 6 East,P.M.M, City of
Bozeman,Gallatin County,Montana.
B. Existing buildings in the Cannery District, located on Project property in Gallatin County situated
outside of the present City limits, have been connected to City water and sewer services, and
Landowner and its predecessors-in-interest have paid rates for those services. The Parties have been
unable to locate agreements or other documentation of the historical provision and use of such
services within the Cannery District,but the Parties believe the date of commencement was as early
as the 1920s.
C. Landowner desires to develop the Cannery District by restoring and renovating existing buildings
and structures, constructing new buildings, and constructing the infrastructure and other
improvements necessary to serve the Project. Landowner intends to develop the Cannery District in
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-2015)...........................................................................PAGE 1
phases in accordance with a comprehensive development plan using a planned unit development
("PUD")to allow for flexibility in Project development and in repurposing of the former industrial
site.The phases will correspond to the following tracts of land:
"Phase 1": Tract 2 of COS 2877;
"Phase 2": Lots 1,2, and 3 of Amended Subdivision Plat ;
"Phase 3": Tract 3 of COS 2877; and
"Phase 4": Tract 1 of COS 2877.
D. Landowner desires that those portions of the Cannery District presently lying outside the City
limits—Phases 1, 3, and 4—ultimately be annexed into the City. Prior to annexation, however,
Landowner wishes to refurbish existing buildings and structures located within Phase 1 and
complete infrastructure improvements to serve those buildings and future development pursuant to
plans approved by Gallatin County. Landowner intends, contemplating receipt of City services and
eventual annexation, to build the infrastructure improvements in compliance with established City
standards. Landowner further desires to work cooperatively with the City of Bozeman to plan for
eventual development of Phases 3 and 4 prior to construction of buildings requiring City water and
sewer services occurring in those phases, and,upon submission and approval of a final site plan for
any newly-constructed building requiring City water and sewer services, complete the annexation
process for the entire Phase within which the new building is located.
E. Annexation of Phases 1, 3, and 4 is consistent with City goals and policies as expressed in
Commission Resolution No. 4400. The Landowner desires and the City is amenable to annexing the
Phases 1, 3,and 4 in stages.
F. The Parties have determined that it is in the best interests of the City and Landowner, and that it
will further the public health, safety and welfare of the community, to create an annexation district
("Annexation District'), pursuant to the provisions of Montana Code Annotated §7-2-4625 and
Title 7, Chpt. 2, Part 46, MCA, for the purpose of facilitating the staged annexation of Phases 1, 3,
and 4 into the City and the ongoing and future provision of City services.
G. The Parties desire to (i) establish the term of the Annexation District; (ii) provide for the timing of
annexation; (iii)provide for the provision of certain City services to the Cannery District during the
term of the Annexation District; (iv) allow for design, review, and approval of a PUD for the
Annexation District lands during the Annexation District term; and (v) provide for the payment of
costs and fees associated with both the provision of City services and annexation, all as set forth in
this Agreement.
H. The Parties recognize the portion of the Cannery District lying outside the City is not currently
served by City fire service nor is this portion of the Cannery District within an established Fire
District or Fire Service Area.
I. The Parties recognize state or local law, including land use regulations related to planning, zoning,
and subdivision, the provision of utilities, taxes and assessments, etc. may change during the term
of the Annexation District and this Agreement and which have not been contemplated by the
Parties. It is the intent of the Parties to comply with such changes in law and that nothing herein
may be construed so as to restrict the application of such changes to the development of the
Cannery District and the Annexation District.
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-2015)...........................................................................PAGE 2
AGREEMENT
The Parties,intending to be legally bound, agree as follows:
1. Creation of Annexation District; Effective Date. Pursuant to the provisions of Montana Code
Annotated §7-2-4625, Landowner has filed file a petition with the City of Bozeman,Department of
Community Development, consenting to future annexation pursuant to this Agreement and seeking
to create the Annexation District consisting of all lands comprising Phases 1, 3, and 4 of the
Cannery District. A copy of this unsigned Agreement was attached to the Petition. The effective
date ("Effective Date") of this Agreement shall be the date upon which the Bozeman City
Commission finally adopts a resolution creating the Annexation District and authorizes execution
of this Agreement.
2. Term of Annexation District. The term ("Term") of the Annexation District shall be (7) years.
Unless sooner annexed as provided herein, and notwithstanding any other provision of this
Agreement, all of the lands comprising Phases 1, 3, and 4 of the Cannery District shall be deemed
conclusively annexed into the City of Bozeman upon expiration of the Tenn. The Annexation
District shall dissolve upon the earlier of(i) expiration of the Tenn; or(ii) annexation into the City
of all lands within the Annexation District pursuant to the provisions of Section 3 of this
Agreement.
3. Provisions for Timing of Annexation; Notice of Annexation. Each of the Phases 1, 3, and 4 shall
be governed by the following criteria set forth in this Section for annexation into the corporate
limits of the City of Bozeman.
(a) Phase 1. The lands in Phase 1 shall be annexed into the City on the earlier of the following
dates:
(i) No later than one (1) year after the date when all of the presently existing Buildings in
Phase 1, designated as Buildings E, F, G, and H on the attached Exhibit A, have been
restored and renovated by Landowner (or by its successors, should Landowner convey
an existing building or space prior to renovation), and subsequent to restoration and
renovation, ninety-five percent (95%) of the rentable space therein has either been
leased and occupied by Landowner's tenants or sold to third parties unrelated to
Landowner; or
(ii) The date that is five(5)years measured from the Effective Date.
Landowner shall provide the City a written rent roll summary each calendar quarter after the
date of this Agreement and until Phase 1 is annexed showing the status of the lease and
occupation of each rentable space within Phase 1. For a sale, Landowner shall provide the
City written notice of such sale no later than thirty(30)days after closing the sale.
If construction activities to renovate and restore existing building(s) and structures in Phase 1
are underway at the time Phase 1 is annexed into the City, Landowner shall have the right to
complete such renovation without the necessity of applying for City development approval,
plan approval, building permits or other similar City approvals; provided that Landowner is
in compliance with all applicable building codes and State of Montana issued building
permits and all Gallatin County planning and zoning requirements. If a PUD has been
approved by the City, such renovation must also be consistent with the approved PUD. The
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-201 5)...........................................................................PAGE 3
City and Landowner agree to work cooperatively to complete all necessary inspections to
certify the renovated building(s) for occupancy.
(b) Phases 3 and 4. The lands in Phases 3 and 4 shall be annexed separately into the City prior to
commencement of construction of the first building within a Phase requiring connection to
City water or sewer services. The trigger date for annexation of the affected Phase shall be
the date that the City either approves a final site plan or issues a building permit(whichever is
earlier) for the building. Annexation shall not be triggered by(i)Landowner's realignment of
lot boundaries in a manner exempt from subdivision review or (ii)Landowner's construction
in Phases 3 or 4 of utility lines, parking areas, internal roadways, driveways, walkways,
lighting, and other infrastructure improvements or construction and use of temporary or
permanent structures (not requiring water and sewer services) for construction staging,
equipment storage,housing of utilities or similar purposes.
(c) Annexation to be Self-Operating; Notices. Annexation of Phases 1, 3, and 4 under this
Agreement shall be self-operating. Immediately upon any Project Phase meeting the criteria
for annexation set forth in this Section 3, and in any case no later than the expiration of the
Term, such Phase shall be deemed conclusively annexed to the City, Upon annexation the
annexed land shall no longer be part of the Annexation District, all City services available to
owners and lands within the City limits shall be available to owner(s) of the annexed land,
and all duties and obligations applicable to property located within the City shall be
applicable to annexed lands.
Notwithstanding the requirement in Subparagraph 3(a) to provide written notice to the City
regarding lease or sale of portions of buildings within Phase 1, Landowner shall promptly
give notice of annexation to the City no later than thirty(30) days after the existing Buildings
in Phase 1 have been renovated and leased or sold as provided in Subparagraph 3(a)(i)prior
to the date set forth in Subparagraph 3(a)(ii). Otherwise, either Party may give other Party
notice of annexation of a Phase. Notices of annexation shall be given as provided in
Section 11 and in a forin suitable for recording in the Gallatin County records Costs of
recording such notices of annexation shall be borne by the Landowner or its successors in
interest.
4. Zoning. Within thirty (30) days after the petition for creation of the Annexation District has been
filed, Landowner shall submit an application, on forms prescribed by the City's Department of
Community Development, together with all required application fees and required materials, for a
zone map amendment designating the entirety of the Cannery District Property as zone B-2
(Community Business District). Upon receipt of a completed application and all required
submissions, the City will process the application in accordance with its usual procedures, and it
agrees,to the extent permitted under applicable law,to coordinate the zone map amendment review
with the processes involved in consideration of Landowner's petition to create the Annexation
District and Landowner's pending application for preliminary PUD approval in an effort to avoid
duplicative procedures and undue delay. The Parties acknowledge that any City zoning designation
for the Annexation District property shall apply to each Phase only upon annexation.
Landowner recognizes the City's right to legislatively amend zoning regulations, designations, and
districts and that any such legislative changes may affect Landowners property and development
upon such property.
In addition,nothing herein shall constitute a guarantee or promise the City will approve B-2 zoning
or grant preliminary PUD approval.
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.$-22-2015)...........................................................................PAGE 4
5. City Services and Payments Pending Annexation/Annual Fee. During the Tenn of this
Agreement, the City will provide to the properties located within the Annexation District the
services specified in this Section. The City's continued provision of each of the services shall be
subject to the conditions provided herein, including Landowner's, or its successors in interest's,
obligation to pay fees or rates for such services and the annual fee as defined herein.
(a) Fire Protection and Inspection.
(i) Provision of Fire Protection. The City agrees to provide during the Tenn fire protection
services to all property within the Annexation District, including the existing buildings
situated in Phase 1.
(ii) Inspections/Information. As a condition of the City providing fire protection,
Landowner consents and agrees to Bozeman Fire Department inspectors conducting
periodic fire inspections of the Phase 1 existing buildings. The Parties acknowledge
that Landowner presently intends to replace the fire suppression systems in the Phase 1
existing buildings to be renovated,beginning with the system in the four-story Cannery
Building (designated Building E, on the attached Exhibit A). In addition to periodic
inspections, the City agrees to conduct timely periodic fire inspections during
installation of the new suppression systems to identify any deficiencies or code
noncompliance. Landowner agrees to take corrective action for deficiencies or
noncompliance identified as a result of those inspections.
During construction activities in Phase 1,Landowner must provide the City with copies
of all State building permits, inspection reports, notices of corrective action, approved
building plans, and any other information the City may reasonably require from time to
time to assist it in the provision of fire service.
(iii) Commencement of Services. Fire protection and inspection services, and Landowner's
obligation to pay the annual fee as described below, shall commence on the Effective
Date of this Agreement.
(iv) Fireworks. Landowner shall comply with Chapter 18,Article 5,BMC regarding the use
of fireworks.
(b) Water, Sewer and Stormwater.
(i) Water and Sewer Services. The Parties acknowledge that the City has historically
furnished to Landowner and its predecessors-in-interest water and sewer services for
the land, buildings, and improvements that comprise Phase 1. The City agrees to
continue to provide water and sewer services to serve Phase 1's existing buildings and
lands subject to the provisions of this Agreement and the City's right to discontinue
service for non-payment of fees for services. Landowner, its lessees, renters, or their
successors in interest shall pay all sewer and water utility fees.
(ii) Water and Sewer Infrastructure. During the Tenn, Landowner plans to upgrade,
replace, and/or install, at its expense, water and sewer infrastructure to serve all
planned uses of the Cannery District. Landowner agrees that all such water and sewer
infrastructure in the Project will be built in accordance with the version of the City of
Bozeman's Modifications to the Montana Public Works Standard Specifications and
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-2015)...........................................................................PAGE 5
the City of Bozeman Design Standards and Specifications in effect at the time of such
work. The City will accept ownership and maintenance of such infrastructure situated
within easements granted to the City by Landowner, except service lines for buildings
and other improvements,provided the City determines,in its reasonable discretion,that
the following conditions have been met:
• The City has received certification by a licensed professional engineer, at
Landowner's expense, that water and sewer infrastructure to be granted to and
maintained by the City has been built in compliance with then-current City
standards as described above;
• Landowner has furnished the City with record drawings of the water and sewer
infrastructure;
• Landowner provides the City, in a form acceptable to the City Attorney, and to be
effective on the date the City accepts the sewer and water infrastructure:
o A two-year warranty guaranteeing the work is free from defects of materials
and workmanship and promising to promptly repair all faults of such work at
no expense to the City;
o A maintenance bond naming the City as an obligee and equal to 20% of the
actual costs of the improvements so the City may, if necessary, correct any
deficiencies in workmanship and/or materials which are found within the two-
year warranty period; and
o A signed certification of completion and acceptance;and
• The City has been given notice of commencement of water and sewer infrastructure
improvements to the Project, and it has had opportunity to inspect construction and
determine whether the improvements have been installed in compliance with City
standards, and, if not,Landowner has made all corrections required by the City.
(iii) Water and Sewer Easements. Landowner has granted to the City a Sewer and Water
Pipeline and Access Easement and Agreement (the "Easement") dated February 27,
2015 and recorded March 27, 2015 as Document number 2507158 in the records of the
Gallatin County Clerk and Recorder. The Parties understand and acknowledge that the
Easement and the water and sewer infrastructure to be upgraded or installed therein are
intended by the Landowner to supersede all existing City water and sewer easements
and infrastructure located within the Cannery District lands, including such
infrastructure that may present within and under platted streets and alleys located
within the Cannery District's boundaries, except for an existing City water main
located within the"Oak Street"created by City Ordinance No. 575 and an existing City
water easement described in a document recorded in Film 186, Page 3058, records of
Gallatin County, Montana. To abandon such existing easements no longer necessary
that may be present under platted streets and alleys within the Cannery District,
Landowner must petition the City for vacation of streets, alleys and such sewer and
water lines.
(iv) Fees Pending Annexation. Landowner shall pay rates for water and sewer services in
accordance with the City's then-current rate schedule, as the same may be amended
from time to time.
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 6
(v) Stonnwater. In addition to the requirement of Paragraph 10(b),Landowner shall design
and install stormwater facilities for the Annexation District in compliance with all City
standards regarding stormwater retention and treatment pursuant to Chpt. 40, Art. 4,
BMC, and the City of Bozeman Design Standards and Specifications in effect at the
time of such work. Landowner shall install the storniwater facilities at such times as are
dictated by the orderly course of development of the Annexation District property.
(c) Development Review.
(i) Provision of Development Review Services. The City agrees to provide Landowner,
during the Term, development review services for property lying within the Annexation
District. Such review shall be applied for and conducted in accordance with procedures
set out in the Uniform Development Code of the City of Bozeman ("UDC") and other
applicable law. Landowner shall instigate all such review by making proper application
to City department having jurisdiction over the review process sought. Development
review may include,without limitation:
• Consideration of one or more applications for exemption from subdivision review,
including review of proposed boundary realignments of legal tracts within the
Cannery District. The City acknowledges that Landowner may, during the Tenn,
make joint applications to the City and Gallatin County to realign boundaries
between the tracts located in the City and those presently located in Gallatin
County outside of the City limits;
• Concept, preliminary, and final plan review of a PUD for property within the
Cannery District;
• Zoning review, including (i) application(s) for zone map amendment and (ii)
zoning-related applications and review made and conducted in conjunction with the
PUD review process; and
• Plan review for new construction of buildings in Phases 3 and 4.
(ii) Review of PUD. The Parties acknowledge that it is Landowner's present intent and
plan to develop the Cannery District,including all of the Annexation District lands,as a
PUD under Article 20 of the UDC and that Landowner may submit application(s)to the
City seeking final approval for such PUD during the Tenn and prior to annexation.
Upon preliminary approval of a PUD for one or more Project phases, the City agrees
that it will make a determination as to whether it has jurisdiction to approve a final
PUD prior to annexation of the affected lands without the approval of Gallatin County
officials. If, in the opinion of the City's legal counsel, the City lacks such power, and
provided that the Landowner is diligently proceeding to meet all conditions set forth in
the City's approved preliminary PUD, the City agrees that it will cooperate with
Landowner and Gallatin County to coordinate any plan review necessary to obtain any
necessary approvals from Gallatin County.
(iii) Fees. Landowner shall pay fees for the City's development review services in
accordance with the City's then-current fee schedule, as the same may be amended
from time to time.
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 7
(d) Annual fees. Landowner shall pay the City $6,500 per year for city services provided to the
Annexation District pursuant to this Agreement and said fee shall be in addition to utility fees
for sewer and water service and fees for development review services.
Commensurate with execution of this Agreement,Landowner shall pay the City the initial fee
of$6,500.00 per year prorated for the remainder of the City's current fiscal year. Payment of
the initial fee is a condition precedent to execution of this Agreement.
The annual fee shall be allocated to the Project's phases in accordance with the following
percentages: Phase 1 -95.0%;Phase 3 -2.5%; and Phase 4-2.5%. The City may increase the
fee for such services annually by an amount commensurate with increases allocated to such
services in the City's general mill levy. Upon annexation of a phase, the annual fee shall be
reduced by the percentage of the fee allocated to that phase.
For all payments due after the initial fee described above, beginning with the City's fiscal
year 2016 on July 1, 2015, the City shall invoice Landowner for the fee amount, and the
invoice shall be due and payable thirty (30) days after receipt. If Landowner fails to pay the
annual fee in full on or before the due date,the City may collect unpaid portions of the fee in
the same manner that it collects delinquent taxes and fees for properties within its corporate
limits,including the right to lien lands then situated within the Annexation District.
6, Phase 1 Renovation and Restoration Prior to Annexation. Landowner shall have the right,
during the Term of this Agreement and prior to annexation, to rehabilitate, renovate, remodel,
occupy,submit to a condominium regime,lease, or sell existing buildings and structures or portions
thereof in Phase 1.Refurbishment and other construction activities shall proceed in accordance with
rules and requirements of Gallatin County and the Montana Building Codes Bureau. All required
inspections of the work completed on existing buildings and structures during the Tenn shall be
completed by a building inspector(s) employed or approved by the Building Codes Bureau, except
that the Bozeman Fire Department may conduct fire inspections during construction pursuant to the
provisions of Subparagraph 5(a)(ii). Landowner may also during the Term construct infrastructure
and common area improvements reasonably required to serve the existing buildings, provided that
such infrastructure and improvements are completed in conformance with PUD plans Landowner
has submitted to the City for consideration and approval. The Parties acknowledge that the existing
Phase 1 buildings and structures will undergo substantial rehabilitation,renovation, and remodeling
prior to annexation. Such work may result in significant changes to existing structures, including
substantial modification of existing building footprints, increases in interior space, and addition of
floors, balconies, decks, patios, and entryways. The Parties agree that notwithstanding such
changes, the refurbished buildings will continue to be "existing buildings" for the purpose of
construing the provisions of this Agreement.
7. Impact Fees.
(a) Calculation and Payment. Landowner or its successors-in-interest, as the case may be, shall
pay impact fees as provided in this Section.
(i) Transportation. Transportation impact fees shall be paid as required by Section
2.06.1640, Bozeman Municipal Code ("BMC"). The amount of transportation impact
fees to be paid,if any,shall be calculated based on the provisions of the BMC in effect
at the time an application for development approval, in one of the forms specified in
Section 2.06.1640.A.1,BMC is submitted to the City.
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 8
(ii) Fire Protection/EMS. For the provision of fire service and emergency medical service
to the existing buildings in Phase 1, Landowner shall pay a fire protection and
emergency medical service impact fee (under Section 2.06.1650, BMC) in the amount
of $19,776.00 (nineteen thousand seven hundred seventy six dollars) in the manner
provided in this Subparagraph. Fifty percent (50%) of this amount shall be due and
payable at the time of execution of this Agreement; the remaining fifty percent (50%)
shall be due and payable upon annexation of Phase 1. Landowner's future
responsibility for fire protection and emergency medical service impact fees in all
phases of the Project shall be as provided in Subparagraph 7(a)(vi)below.
(iii) Water. Water impact fees shall be paid as required by Section 2.06.1660, BMC, after
annexation and prior to obtaining a permit for future construction in the Cannery
District requiring connection (or expansion of or additions to structures having existing
approved connection)to the City water system. The amount of impact fees,if any,to be
paid for connection of new buildings to the city's water services the,shall be calculated
based on the provisions of the BMC in effect at the time of application for a permit to
connect.No water impact fees shall be due for Phase 1 existing buildings at the time of
annexation as those buildings have received and paid for City water services.
Landowner's future responsibility for water impact fees, if any, shall be as provided for
in Subparagraph 7(a)(vi),below.
(iv) Wastewater. Wastewater impact fees shall be paid as required by Section 2.06.1670,
BMC, as amended, after annexation and prior to obtaining a permit for future
construction in the Cannery District requiring connection (or expansion of or additions
to structures having existing approved connection) to the City wastewater system. The
amount of impact fees, if any, to be paid for connection of new buildings to the city's
wastewater services, shall be calculated based on the provisions of the BMC in effect at
the time of application for a permit to connect. No wastewater impact fees shall be due
for Phase 1 existing buildings at the time of annexation as those buildings have
received and paid for City wastewater services. Landowner's future responsibility for
wastewater impact fees, if any, shall be as provided for in Subparagraph 7(a)(vi),
below.
(v) Credits; Exemptions. Nothing in this Agreement shall construed to abridge
Landowner's right, under Chapter 2, Article 6, Division 9 of the Bozeman Municipal
Code, to apply for, claim, or assert credits against or exemptions from imposition of
impact fees.
(vi) Impact Fees after Annexation. Nothing herein shall be construed to negate the City's
authority to require the payment of impact fees for properties located within the
Cannery District should, after annexation and after completion of construction and
improvements underway on the annexed property at the time of annexation,
development occur on annexed property in a manner requiring payment of impact fees
pursuant to Chapter 2,Article 6,Division 9 of the Bozeman Municipal Code.
(b) Project Related Improvements. Landowner understands and agrees that any improvements,
whether on-site or off-site, necessary to provide connection of the Cannery District to
municipal services and which are wholly attributable to the property as reasonably
determined by the City are "project related improvements" as defined in Section
2.06.1630.A.14,BMC,as amended,and as such,are not eligible for impact fee credits.
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015)...........................................................................PAGE 9
(c) Remedies for Non-Payment of Impact Fees. If Landowner or its successors, as the case may
be,fails to pay properly assessed impact fees when due and payable, and should such default
not be remedied or corrected within thirty(30) days after written notice by City to Landowner
of such default,City may at its option:
(i) Declare the amounts owing for impact fees immediately due and payable and City shall
have the right to take legal action against Landowners for the collection of such sum,
including the entry of any judgment. In addition, the City may, at its option, enforce
payment of such amount by levying an assessment on the premises; or
(ii) Elect any other remedy available to City under the laws of the State of Montana.
8. Water Rights; Cash-In-Lieu. Landowner shall make a payment-in-lieu of water rights, or shall
make a transfer of one or more legally and physically adequate water rights acceptable to the City,
for Project Phases 2, 3, and 4 as required by the provisions of Section 38.23.180,BMC.. The water
rights or required payment-in-lieu shall be determined and made in accordance with the provisions
of Section 38.23.180, BMC, and City of Bozeman Administrative Order 2013-07. Landowner and
the City agree that no transfer of water rights or payment-in-lieu shall be required of Landowner
with respect to Project Phase 1 and its existing buildings, it being recognized that (x)Phase 1 has
been served by City water for many decades and its owners have paid rates therefore; (y) as to the
use of City water,the Phase 1 buildings are not a new development necessitating the acquisition of
new water rights; and(z)and the City's existing water rights have historically been and continue to
be sufficient to serve Phase 1 and its existing buildings. Nothing herein, however, shall be
construed to negate the City's authority to require the provision of water rights or cash-in-lieu for
additional development occurring on Phase 1 after annexation (except for additional development
of the existing buildings) if such development would require the provision of water rights or
payment of cash-in-lieu.
9. Extension of Services Plan/Services upon Annexation. The Parties intend that the provisions of
this Agreement satisfy the requirements of an extension of services plan under the provisions of
Section 7-2-4610,Montana Code Annotated. Upon annexation,the City shall provide the following
customary city services to the annexed property: continued fire suppression, police and law
enforcement, general administrative services, storm water drainage, streets, parks and recreation,
solid waste disposal, and continued sewer and water services.
10. Requirements to be Completed Prior to Annexation of any Phase.
(a) Comprehensive Water and Water Design Report. Prior to annexation of any Project phase,
the City may require Landowner to have prepared by a professional engineer, at Landowner's
expense, a comprehensive design report evaluating existing capacity of sewer and water
utilities in the phase pending annexation. The report must include hydraulic evaluations of
each utility for both existing and post-development demands, and the report findings must
demonstrate adequate capacity to serve the Project. If adequate infrastructure capacity is not
available for the proposed development, the report must identify necessary water or
wastewater system improvements necessary for the proposed development. If improvements
to the water or wastewater system are necessary, Landowner, at its expense, shall complete
the necessary system improvements to serve the proposed phase prior to annexation.
(b) Stormwater Master Plan. Landowner understands and agrees that a stormwater master plan
for the Cannery District for a system designed to remove solids, oils, grease, and other
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015).........................................................................PAGE 10
pollutants from the runoff from the public streets may be required to be provided to and
approved by the City Engineer at the time of any future development. Such plan,if required,
must depict the maximum sized retention/detention basin location and locate and provide
easements for adequate drainage ways within the area to transport runoff to the stormwater
receiving channel(s). The plan shall include site grading and elevation information, typical
stormwater detention/retention basin and discharge structure details,basin sizing calculations,
and stormwater maintenance plan.
(c) Waiver of ftht-to-Protest Special Improvement Districts. Landowner shall execute a Waiver
of Right-to-Protest Creation of Special Improvement Districts (SID) for the maintenance of
any parks within the annexed area and/or of a City wide park maintenance district. The
Landowner agrees such SID will provide a mechanism for the fair and equitable assessment
of maintenance costs for such parks. The waiver is attached hereto as Exhibit B and is hereby
incorporated into and made a part of this Agreement. In addition, Landowner shall execute a
Waiver of Right-to-Protest Creation of Special Improvement Districts for street
improvements, including but not limited to paving, curb/gutter, sidewalk and stonn drainage
facilities for Oak Street and for intersection improvements to the intersection of Oak Street
and North 7u' Avenue (attached hereto as Exhibit C). Landowner agrees that if the above
SIDS are not utilized for the purposes described in this Paragraph, the Landowner shall
participate in an alternative financing method for the completion of said improvements on a
fair share,proportionate basis as determined by square footage of property, taxable valuation
of the property,traffic contribution from the development or a combination thereof.
(d) Standard of Facility Installation. Notwithstanding any other provision of this Agreement, the
Landowner shall be responsible for installing all facilities required to provide municipal
services to the Cannery District in accordance with this Agreement, the City's infrastructure
master plans, and City regulations,policies and guidelines that may be in effect at the time of
any development. Landowner understands and agrees that there is no right, either granted or
implied, for the Landowner to commence construction of any new building requiring City
services in Phases 3 or 4 the Annexation District absent full compliance of the teens and
conditions of this Agreement.
11. Notices. Any notice, demand, request or other communication which either Party hereto may be
required or may desire to give under this Agreement shall be in writing and shall be deemed to have
been properly given if(a) hand delivered (effective upon delivery), (b) mailed (effective three (3)
days after mailing) by United States registered or certified mail, postage prepaid, return receipt
requested, (c) sent by a nationally recognized overnight delivery sei vice(effective one (1) day after
delivery to such courier) or (d) sent by facsimile (effective upon confirmation of transmission), in
each case, addressed as follows:
If to Landowner:
Cannery District Partners,LLC
Attn: Scott R. Dehlendorf and Barry L. Brown
1006 West Main Street
Bozeman,Montana 59715
Fax: (877) 397-8736
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015).........................................................................PAGE 11
If to the City:
The City of Bozeman
Attn: Chris Kukulski, City Manager
City Hall
121 North Rouse Avenue
Bozeman,Montana 59715
Fax: (406) 582-2273
12 No Obligation to Improve Property.Nothing in this Agreement shall be construed to constitute a
promise by Landowner or obligate Landowner to engage in or complete development of the
Cannery District property in any manner. Landowner shall have no obligation, by reason of this
Agreement, to renovate the Phase 1 existing buildings or develop planned Phases 2, 3 or 4 as is
contemplated by this Agreement.Landowner reserves the right to modify development plans for the
Cannery District as it deems necessary, in its sole discretion, subject to its obtaining all necessary
governmental approvals in advance of making improvements on the property.
13. Authority. The signatories of this Agreement are the authorized representatives of Parties for the
execution to this Agreement and certify that they have sufficient authority to bind their respective
entities to this Agreement.
14. Remedies. The Parties may in law or in equity, by suit, action, mandamus, or any other
proceedings,including specific performance, enforce or compel the performance of this Agreement;
provided, however, that the City may maintain an action to recover any sums and any costs agreed
to be paid to it pursuant to this Agreement and that have become due and remain unpaid, plus
interest on such suns and costs at a rate of ten per cent per annum. If Landowner or any of its
successors or assigns, fails to satisfy any of its material obligations under this Agreement within 30
days after the City has given written notice of such noncompliance,the City shall,in addition to any
of its other remedies, be authorized to discontinue water, sewer and fire service to the Annexation
District in accordance with applicable law. Notwithstanding the preceding sentences of this
Paragraph, the provisions of this Agreement shall not be construed to empower the City to
discontinue water and/or sewer services to the Phase 1 existing buildings so long as Landowner is
not in default in payment of (i)water and sewer utility fees, (ii)the annual fee required under
Paragraph 5(d); and (iii)the remaining 50% of the Fire/EMS impact fee required under
Subparagraph 7(a)(ii).
15. Miscellaneous.
(a) Principals of Interpretation. No inference in favor of or against any party shall be drawn
from the fact that such party has drafted any part of this Agreement. The Parties have both
participated substantially in its negotiation, drafting, and revision, with advice from counsel
and other advisers. A term defined in the singular may be used in the plural, and vice versa,
all in accordance with ordinary principles of English grammar, which also govern all other
language in this Agreement. The words "include" and "including" shall be construed to be
followed by the words"without limitation."
(b) Entire Agreement. This Agreement,including the exhibits attached hereto, contains the entire
agreement and understanding of the Parties, and supersedes any and all prior negotiations and
understandings. This Agreement shall not be modified, amended or changed in any respect
except by a written document signed by all Parties hereto.
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-2015).........................................................................PAGE 12
(c) Captions. The captions, titles and section headings throughout this Agreement are for
convenience and reference only and shall not be deemed or held to explain, modify, amplify
or aid in the interpretation, construction or meaning of the provisions of this Agreement, nor
to define,limit or describe the scope or intent of a particular section.
(d) Severability. If any term or provision of this Agreement shall be determined by a Court to be
invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and
each term and provision of this Agreement shall be valid and enforceable to the fullest extent
permitted by law. It is the intention of the Parties that if any provision in this Lease is capable
of two constructions, then the provision shall be interpreted to have the meaning which
renders it valid.
(e) Attorney Fees. Should either Party incur any costs or expenses, including reasonable attorney
fees to include those of the Bozeman City Attorney, in enforcing any of the provisions of this
Agreement,the other or unsuccessful Party shall reimburse the prevailing Party on demand
(f) Binding Effect/Recording. Except as expressly provided otherwise herein, the terms,
covenants, and conditions contained in this Agreement shall, for the Terin of this Agreement,
run with the Annexation District land,bind Phases 1, 3, and 4, and inure to the benefit of and
be binding upon the Parties hereto and their respective successors and assigns. To assure that
future successors and assigns have notice of this Agreement and the obligations created by it,
Landowner shall, within 30 (thirty) days of execution of this Agreement and prior to the sale
or transfer of any real property within the Annexation District, record this Agreement with
the Gallatin County Clerk and Recorder.
(g) NonwaiverlAmendment. No waiver of any condition expressed in this Agreement shall be
implied by any neglect of Landowner or the City to enforce any remedy on account of the
violation of such condition, whether or not such violation be continued or repeated
subsequently, and no express waiver shall affect any condition other than the one specified in
such waiver for the time and in the manner specifically stated.Amendment to this Agreement
may only be made by duly adopted resolution of the Bozeman City Commission.
(h) Governing Law; Venue. This Agreement and any disputes arising hereunder shall be
governed hereafter and construed and enforced in accordance with the laws of the State of
Montana, without reference to principles of choice or conflicts of laws. The City and
Landowner agree that any action or proceeding arising out of or related in any way to this
Agreement shall be brought solely in a court of competent jurisdiction sitting in Gallatin
County,Montana.
(i) Nature and Survival of Obligations. The Parties agree that all terms, requirements, and
conditions contained in this Agreement and all charges payable pursuant thereto, together
with interest and costs of collection, shall until paid constitute the personal obligation of
Landowner and of the successors and assigns of Landowner, whether such successors or
assigns succeed to a legal or to a beneficial interest in property within the Annexation
District. In the event of non-payment within 30 (thirty) days after the due date, such charges
shall become a lien upon the applicable property.
(j) Counterparts; Facsimile. This Agreement (and any amendment hereto) may be executed in
any number of counterparts, all of which when taken together will constitute one and the
same instrument. A counterpart signed and delivered by facsimile transmission copy thereof
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT REV.5-22-2015).........................................................................PAGE 13
or via electronic means in pdf, tiff, or jpeg file format shall be as valid and effectual as the
original of that counterpart.
IN WITNESS WHEREOF, the Parties have executed this Annexation District Agreement effective as of
the Effective Date.
Cannery District Pa ers,LLC
M
by: CD anage nt,LLC,Manager
by:
na er
by:
Scott R.Deh en o ,
City of Bozemanf r .
by
ff yu ,Mayor
0
Attest: a °
Stacy 1 lerk of the Cit} ihfnf�,J
1 6 a
9�LA PTN Co �,
Attached Exhibits:
Exhibit A: Annexation Map—Cannery District Phases 1,3,and 4
Exhibit B: Waiver of Right-to-Protest Creation of Special Improvement District for a City-Wide
Park Maintenance District
Exhibit C: Waiver of Right-to-Protest Creation of Special Improvement Districts Cannery District
Annexation
[Acknowledgements on next page.]
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REv.5-22-2015).........................................................................PAGE 14
ACKNOWLEDGEMENTS
STATE OF MONTANA )
SS.
County of Gallatin )
This instrument was acknowledged before me on 1111A. 2015, by Barry L. Brown and
Scott R. Dehlendorf, as Managers of CDP Manag- nent, LC, a Montana limited liability company, the
Manager of Cannery District Part xs, LC, a MoI ana l rI•ted liabili�y-e�ompany.
HEATHER BIENVEIvUE
P Blt h Notary Public 1/1 9ME
E
_for the State of Montana for Name:
=z: _._ m- Residing at:
Bozeman, Montana k NOTARY PUBLIC for the State of Montana
9l�•.,. Q`�' My Commission Expires: RESIDING AT ,Montana
Mo January 26,2018
— My Commission Expires ,20_
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on 2015, by Jeff Krauss and Stacy
71
Ulman,as Mayor and Clerk of the City Commission,Tres ec vely,of the City of Bozeman.
HEATHER BIENV``: •}7-1` P 'nted Name:
NOTARY PUBLIC for the State of Montana
`�,• F Notary Public
_,�•�,o1nHlgt?G;for the State of Montana' RESIDING AT ,Montana
S' —•— "'- Residing at:
Bozeman, Montana My Commission Expires 320
• P My Commission Expires:
"0I I,W� January 26, 2018
I
ANNEXATION DISTRICT AGREEMENT-CANNERY DISTRICT(REV.5-22-2015).........................................................................PAGE 15
EXHIBIT A
ANNEXATION MAP
CANNERY DISTRICT PHASES 1,3,AND 4
See attached map.
ANNEXATION MAP
CANNERY DISTRICT PHASES 1,3,AND 4
A tract of land being Tracts 1,2,and 3 of COS 2877,
Located in the North West One Quarter of Section 6,Township 2 South,Range 6 East,
Principle Meridian Montana,Gallatin County,Montana
"a°Hfln a to26:a. `
a
as � CANNEFY DISTRICL PHASFs 1 3 ANp 4
�.•K �Nr9N A�ytyL%nT10N BOUNDARY OFSf.RIPTION
A Tract of land heing Tract.I,2,and 3 of COS 2877,located
In the North Went one Quarter of Section 6,Tow-hip 2 South,
- NT Range 6 East,Princple Meridian Montano.Gdllatin County,
``�.._.. Montana being more particulorly d—,bed o.follow..
Ovt.
Ln trl 'L. _. ,,_ S rr,•" S� 8vglnn'nq at a pant Poe wnch'e Inv South Ecat Right at
y 11 - -- " G@.4S pr1j RTA', Way corner to Tract 3 at CerUf cote of survey 7877 of wh ch
2 r r _ tT it 7;�.. /ON the Cen to 1/4 of Sect on 6 Townonp 2 South.Range 6 Eant,
PM.M Gallatin County,Manlana buoy.South 89'09*51^Eaat o
1 ,+1 T F/jsi di.0—of 3000 to":
than—North« ( Tea
�e6tto�rv,.eL g i t - r 7' y £ /C/�A •Fad of Tract 3 9OF COS 877 to°po nl6.74 et a on9 the nouth
N-pIPg4 PHASE 4 - 1 .t.. AaY AJ+ 9 .Ihence Narlh 89'23'28'Wcat 47570 feat viong the south
line.of Tract I 2 and 3 of COS 2877 to o pant on the
1 I e •h once ht f Way of Oak 7381 fee—sar
TRACT 1 curve to the IrF and along had
i I S I s Tract 1 of COS 2877 w th a r—us of 99n 03 feel,a
n " n cent-° oFSH of 4'IVD2 and o chord that bear.North
CGS:A29 -�.,1 I _.. _._ ._. "✓ - >g 6 70'3551^Weet,73,79 feet to the South We•t corner of
Tract 1 of COS 2877.
LpG H '"-' ; d thence North 00'20'44^ —t 5 rH, If T to the
thANGeet'on of l'2 north well corner of Tract 1 0l COS
2877 and the South ROW of InI—ata 90
then..252.04 feet°long o curv°to the rgnt and along
........
°°n ._
-Dock 2507 SB °n2877 1th a boor South fig D5 44 Eact
'w°ter one nw.. ° valtl ROW and the North I'ne of T a.r 1 and 2 of COS
N TRACT 2 I __ io4'f�ai"do°aa��ia2 79soo ��t a..nlral a,gl t,
]7D nar°a �— -- --------------------- a -2 h—South 684543 Earl 787,61feet oolong av danvrlh
J / I ht
BLDGG �SSj .f Tracts z
o -- ` I (.. - boundary Inc and 3 al cos 2877 and cam
' _. _... -.._. n � row m o palm.
TI L--------------------------"-------- Ihcncc south 36'18's3"East,18287 mat to c viol that
PHASE 1 p
I r 1 I TRACT 3 . ny, IDe in tars..:oa.f the wrncr of Tract 3 of COS 2877 dad
S24 ncrw, �F.p me ROW of Rouoe Avenue
g Inenco South 02V2 Ia-W_,I 51.51J fret to thr t of
p pG AHaZap9 I� _�1 I`i y r-•vr4»ruin I i- Lros PG9➢ \ 4p r t� beginning(POB) Pon
GE I PHASE-.3
said ar a ang 695 a.r or la..,along wish and
BLDGGF `� -Ibj,.te1.all e.—ant.aof record or vpp—t on the gravad.
II A
S \ \`Y84�]JB"Y al \Nf. I n75 Aff 1 i. NPn'a9'5t'K �>: _ 5 a74 n OB
_.. .t' ¢ Can Tmcl ` - ,i— - _J 1 oaw s r..t va.alm`�""" E-II l d -IX __w 4ERS1nCATE OF SURvrYOR
°j - the uhddra
+ n.COS "-�'— 1 orEin°nca rv°575 gMIGPg6t7 ct� 191A y> eotlP>I'Y �C ty goad,John R.Pugn,Rng.tnrad Lono Survcyvr,do
t. D — ---. - -- — 8— 1... dd°L5 n. n reby cart fy that .urvCyetl the:vmo oe shown an Inc
.-"DN -- F , sr„m ' A1plaM1' comvpronyin9 tlrawinq and o.do.ttibed n occ°rdancn wa the
'p8T •alnd Z 1 pp1T1 F -. B(,�oDE ' r 6 3 1Ot if tn,Manfano Subdlialon and Piattlnq A.I.Scctlan
%Y'Ap Y 6 a 'l'°c�p PO ,i -- rough 76 3 625 MCA.and:F,City W HOCeman,,L q - d a a� do n
P COS c-1i-C 1 WJ•pt �`{� BLDG BC 8 d Gallatin County Subd'v.v'an R°g,1,d,nc.
F °
a.Q 'ri h L .> (._'• &
oP C,2r, v� _ r Gxl l G
.9'=- -- ?Nl.._.__.._ _ ,o l e DATED Ihr day of_ A.D.,2015.
LI III '-
a o 7
GatlTt n C°uNV _ I 6 J. -----_—
John R.
mr 1 + I — 1 / Pugh
§ ros 2r2eB ...._ < _�._ _ � n_ n Roglstrallon Na15626LS
7.
1 a°•alra°I oraman.a .1
z 576 r-wL....arvMan61A --N.c - . .
s elipi`aci7
t — — —"— NORTHSIDE PUD47,
I .
NTCFNPLANE
n NALCFEIN PNO`ECTIONCA0UN0 ��-,�w_ tt�Sl v11`•t1p r.
NO UTINDE:+5'-J5'-2p99813' Nntr,
MOST LONGITUDE,lt,'-11'-9..zo99r SoIo D
ELLIP HT:4D26.66 slt.
ATE OF SURVEY:--2-
1-1
k CN t1 y4
( PURPOSE of SURVEY:GTo°now„arc.la I°.Praao°ce omaH°Non m.me any=r e°=..non T 4 Sec T R ANNEXATION MAP
5 OERIV£D FROM MTSU CGRS SinTION °n+ N.11:MIS GRA.NG IS INTENDED ue..m> DTI+a A� �c.q.,.mi o•
S OWNER OE RECDRD: °ry Dinlrict P°rinare,LLC
(gozEMArv.MONTANAJ s, w OF T THr-OPPRoxIMATE 6 2g cE CANNERY DISTRICT r, > °' $T]>s 1.Y
LOCATION OF THE OLS NOT
ene:nn abxv-rsvo .iw»e,
MERIDIAN CONVERGENCE ANGLE=(-)01'-l4-]7" ANNEXATION AND ODES NGT PHASES 1,3,AND
flEPPESEhi A RLCGPD DOMNDAPY
- IH nY COUNTY: CALLATIN sURVEY MOD: IV'' PRINCIPAL MERIDIAN.MONTANA •AE`rvED 'm`P t r OF 1
EXHIBIT B
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICT
FOR A CITY-WIDE PARK MAINTENANCE DISTRICT
The undersigned("Landowner") is the owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land being Tract I and Tract 2 of
Correction COS 2128B, and the parcel known as COS 2548, all located within the SW'/ of
Section 6,Township 2 South,Range 6 East,P.M.M, Gallatin County;Montana.
IN CONSIDERATION of receiving approval for annexation of the subject property from the City of
Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the
receipt of which is hereby acknowledged, and in recognition of the impact to City parks which will be
caused by the development of the above-described property, the Landowner has waived and does hereby
waive for itself and its successors and assigns, forever, the right to protest the creation of one or more
special improvement districts for maintenance of any parks within the annexed area and/or of a City-wide
Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks, or to make any written protest against the size or area or creation of the
district be assessed in response to a duly passed resolution of intention to create one or more special
improvement districts which would include the above-described property.
This waiver is made for the benefit of the property described above and shall be a covenant running with
the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-
in-interest and assigns of the Landowner.
DATED this day of 4VL.N4 ,2015.
Cannery= is 'ctrtners,LLC
by: C6P M n' vent,LLC
by:
by:
Scott R. Dehlendor ,
EXHIBIT B—WAIVER OF RIGHT-To-PROTEST(PARK MAINTENANCE DISTRICT).................................................................PAGE 1 of 2
STATE OF MONTANA )
SS.
County of Gallatin )
This instrument was acknowledged before me on SLA'J�, 2015, by Barry L. Brown and
Scott R. Dehlendorf, as Managers of CDP Management, LL , a Montana limited liability company, the
Manager of Cannery District Partners,LLC,a Montana limited liability company.
i Q
R ai$N`; HEATHER BIENVENUt_ ' "" Printed Name:
P•• F2c Notary Public NOTARY PUBLIC for the State of Montana
_?:�oTnAiy< mifor the State of Montana
* �A * Residing at: RESIDING AT ,Montana
=N� S .A1 Bozeman, Montana My Commission Expires ,20
'.FOF MO +` MY Commission Expires:
'' ++` January26, 2018 �
EXHIBIT B—WAIVER OF RIGHT-TO-PROTEST(PARK MAINTENANCE DISTRICT).................................................................PAGE 2 of 2
EXHIBIT C
WAIVER OF RIGHT-TO-PROTEST
CREATION OF SPECIAL IMPROVEMENT DISTRICTS
CANNERY DISTRICT ANNEXATION
The undersigned("Landowner") is the owner of the real property situated in the County of Gallatin, State
of Montana, and more particularly described as follows:
Tracts 1, 2, and 3 of Certificate of Survey 2877, a tract of land.being Tract 1 and Tract 2 of
Correction COS 2128B, and the parcel known as COS 2548, all located within the SW'/a of
Section 6,Township 2 South,Range 6 East,P.M.M, Gallatin County,Montana.
IN CONSIDERATION of receiving approval for annexation of the subject property from the City of
Bozeman, along with accompanying rights and privileges and for other and valuable consideration, the
receipt of which is hereby acknowledged, and in recognition of the impact to (i)Oak Street (between
N. 7th Avenue and North Rouse Avenue) and (ii) the intersection of Oak Street and North 7th
Avenue which will be caused by the development of the above-described property, the Landowner has
waived and does hereby waive for itself and its successors and assigns, forever, the right to protest the
creation of one or more special improvement districts for construction and maintenance of the following
improvements: paving, curb/gutter, sidewalk, storm drainage facilities for (i)Oak Street (between
N.7th Avenue and North Rouse Avenue) and (ii) the intersection of Oak Street and North 7th
Avenue, or to snake any written protest against the size or area or creation of the district to be assessed in
response to a duly passed resolution of intention to create one or more special improvement districts
which would include the above-described property.
In the event an SID is not utilized for the completion of these improvements, the Landlowner agrees to
participate in an alternate financing method for the completion of said improvements on a fair share,
proportionate basis as determined by square footage of property, taxable valuation of the property, traffic
contribution from the development or a combination thereof
This waiver is made for the benefit of the property described above and shall be a covenant running with
the land.
The terms, covenants and provisions of this waiver shall extend to, and be binding upon the successors-
in-interest and assigns of the Landowner.
DATED this a day of t ,2015.
Cannery is rict Part ers,LLC
f
by: CDP anag ent,LLC
by: t
B o , a,age
t'
by:
Scott R. Deh endo , anager
EXHIBIT C—WAIVER OF RIGHT-TO-PROTEST SPECIAL IMPROVEMENT DISTRICTS..............................................................PAGE I of 2
STATE OF MONTANA )
ss.
County of Gallatin )
This instrument was acknowledged before me on ° I
2015, by Barry L. Brown and
Scott R. Dehlendorf, as Managers of CDP Management, LIZ., a Montana limited liability company, the
Manager of Cannery District Partners,LLC,a Montana limited liability company.
E
- ,
ijv
EA BIF HEATHER BIENVc:,NLj Printed Name:
?......tip
F= NotaryPublic
oTn�iiq<�mfor the State of Montana NOTARY PUBLIC for the State of Montana
�'• SEAL *- Residing at: RESIDING AT ,Montana
9• Bozeman, Montana + My Commission Expires ,20
OF MOP' MY Commission Expires; 1
" January 26, 2018 i
EXHIBIT C—WAIVER OF RIGHT-TO-PROTEST SPECIAL IMPROVEMENT DISTRICTS..............................................................PAGE 2 Of 2
City of Bozeman-City Clerk j
P.O. Box 1230
Bozeman, MT 59771-1230101
.,
COMMISSION RESOLUTION NO. 4322
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOZEMAN, MONTANA, PROVIDING FOR THE CREATION OF THE
CANNERY ANNEXATION DISTRICT TO EXTEND THE BOUNDARIES OF
SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS
TRACTS WITHIN THE CORPORATE LIMITS THEREOF PURSUANT TO
THE PROVISIONS OF THE ANNEXATION DISTRICT AGREEMENT FOR
THE CANNERY DISTRICT PROPERTY.
WHEREAS, there has been presented to the City Commission of the City of Bozeman a written
application from Cannery District Partners, L.L.C., owner of the tracts sought to be annexed herein,
requesting the City Commission create an annexation district for the purpose of extending the boundaries
of the City of Bozeman so as to include within the boundaries of the City of Bozeman, Montana, pursuant
to the terms of the annexation district, certain contiguous tracts of land lying generally northwest of the
intersection of East Oak Street and North Rouse Avenue, excepting already annexed and zoned properties.
WHEREAS, the legal description of the contiguous tracts, in the County of Gallatin, State of
Montana, is as follows:
Tract 1, 2 and 3 of COS 2877 A tract of Land being Tract 1 and Tract 2 of Correction COS
2128B and the parcel known as COS 2548 all located in the Northwest One-Quarter of Section
6, T2S, R6E, P.M.M., Gallatin County, Montana.
WHEREAS, the tracts contain 8.99± acres of land, more or less, along with and subject to all
existing easements of record or of fact; and
WHEREAS, the above-described tracts are the subject of plats or Certificates of Survey, filed
in the office of the Gallatin County Clerk and Recorder's Office; and
2518673 PLATTED
Page: 1 of 25 07/27/2015 09:50:44 AM Fee: $1 5. 0 Page 1 of 4
Charlotte Mills - Gallatin County, MT
11111111111111111 HE 111111111111111111111111111111111111111111111111 ���IN
Resolution 4322, Creation of the Cannery Annexation District
WHEREAS, an annexation staff report has been prepared and submitted to the Commission;
and
WHEREAS, the Commission has duly reviewed and considered said written annexation staff
report; and
WHEREAS, Cannery District Partners, LLC has submitted the attached Annexation District
Agreement for Cannery District Property which creates the terms, conditions, and timing for the provision
of services by the City to the Cannery Annexation District and the annexation of the tracts herein
described;
WHEREAS, prior to creation of the Cannery Annexation District and the annexation of the
above described tracts, an agreement between the City and the owner of said tract addressing issues that
are in the best interests of the City of Bozeman, such as, but not limited to, rights of way, public street and
utility easements, water rights or cash-in-lieu, waivers of right to protest creation of Special Improvement
Districts, impact fees, water and sewer hookup fees, sewer and water capacity analysis, annexation
timing, interim provision of services, impact fees and traffic impacts to said contiguous tract and other
parcels directly affected or impacted by this annexation, shall be fully executed; and
WHEREAS, it will be in the best interests of the City of Bozeman and the inhabitants thereof
and of the inhabitants of the contiguous tracts hereinbefore described to create the Cannery Annexation
District and extend the boundaries of the City of Bozeman so as to include said contiguous tract of land
hereinbefore described within the corporate limits of said City of Bozeman, Montana pursuant to the
terms of the attached Annexation District Agreement for the Cannery Annexation District (the
"Annexation Agreement"); and
WHEREAS, Commission Resolution No. 4608 was adopted by the City Commission on June
22, 2015 as Action Item Agenda No. 3, declaring it to be the intent of the City of Bozeman to create the
Page 2 of 4
Resolution 4322, Creation of the Cannery Annexation District
Cannery Annexation District and extend the boundaries of said City so as to include said contiguous tract
within the corporate limits of the City; and
WHEREAS, on June 22, 2015, the Commission authorized and directed staff, upon satisfaction
by the applicant of the revised terms of the annexation district, to prepare the necessary documents to
proceed with the creation of the annexation district in accordance with said Commission Resolution No.
4608; and
WHEREAS, a public meeting on said annexation district creation was duly noticed and held on
July 20, 2015; and
WHEREAS, no members of the general public expressed objections to said annexation at the
public hearing; and
WHEREAS, the City did not receive any written protest from the real property owners of the
area to be annexed; and
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana:
Section 1
That it is hereby declared, subject to the condition that the provision of the services to the
contiguous tract hereinbefore described will be the subject of a mutual agreement between the City of
Bozeman and the real property owners of the tract, that it is in the best interests of the City of Bozeman
and the inhabitants thereof and of the inhabitants of said contiguous tract that the boundaries of said City
of Bozeman be extended by creation of the Cannery District Annexation pursuant to Section 7-2-4625,
MCA, so as to include the contiguous tract hereinbefore described within the boundaries and corporate
limits of the City of Bozeman, Montana pursuant to the terms of the Annexation Agreement, included
herein as Attachment A.
Section 2
That the effective date of this annexation district is July 20, 2015
Page 3 of 4
Resolution 4322, Creation of the Cannery Annexation District
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 20th Day of July, 2015.
JF KRAUSS
ayor
ATTEST:
BOA
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STACK,JAMEN
City Clerk' °® 2B3 ®•�
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TIN C 0 �o
APPROVED AS TO FORM:
G G ULLIVA
City Attorney
Page 4 of 4