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1. Annexation DistrictsANNEXATION DISTRICT AGREEMENT PARTIES TO THE AGREEMENT: r "The City" - The City of Kalispell is a municipal corporation and city of the first class with general powers existing under the laws of the State of Montana. "The Property Owner" - , whose address is owns real property located in Flathead County, Montana as more particularly described in Exhibit "A" attached hereto and fully incorporated herein by this reference and referred to hereinafter as the "Subject Property." EFFECTIVE DATE: The date of this Agreement is the day of , 20 APPLICABLE LAW: Title 7, Chapter 2, Part 46 of the Montana Code Annotated and more particularly MCA § 7-2-4625 - Annexation district — is the state law upon which this Agreement relies. The City further relies upon its Extension of Services policy as adopted by Resolution , dated the day of .gri This agreement shall have a term of no more than ten (10) years and shall expire on the tenth anniversary of this agreement or sooner in the event the CITY elects to annex the subject real property described herein at an earlier date and to assume those obligations as more fully described below. RECITALS WHEREAS, Property Owner desires to have city services extended to the Subject Property and wishes to connect the Subject Property to the City's water supply and sanitary sewer systems (hereinafter collectively referred to as the "Services and Utilities"); and WHEREAS, the City is willing to provide services to and grant permission to Property Owner for Utility connections on the Subject Property, subject to payment of all applicable fees and charges and compliance with all terms and conditions of this Agreement; and WHEREAS, Property Owner hereby agrees to file a waiver of protest and si n a etp ition to the annexation of the Subject Property to the City, and to take all other actions requested by the City or required by law to accomplish the annexation of the Subject Property to the City; and ANNEXATION DISTRICT AGREEMENT Page 1 of 6 WHEREAS, a public hearing to consider this Agreement, including specifically, but witho�i rmitation, the provisions of this Agreement relating to the annexation of the Subjecerty to the City, was held by the City Council on the _ day of 20_; and WHEREAS, the City has conducted all hearings and procedures required by law to be conducted to approve and implement this Agreement, and this Agreement has been drafted, considered, and approved in accordance with City Ordinance, state law and all other applicable laws. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by� the City and Property Owner, and in further consideration of the covenants and agreements hereinafter set forth, the City and Property Owner agree as follows: GENERAL TERMS The City of Kalispell, hereinafter referred to as "the City", and hereinafter referred to as "the Property Owner", hereby agree that the Subject Property, described above and owned by the Property Owner shall become an Annexation District of the City subject to the terms set forth below. Annexation District. In consideration for the City providing the Utilities described below to the Subject Property, Property Owner shall allow the City to annex the Subject Property into the City anytime within the period of ten years from the date of this Agreement, unless such time period shall be otherwise extended by the parties. The Subject Property shall be subject to City fees and taxes as particularly set forth below. Upon annexation and the termination of the Annexation District, the City shall provide all City services to the Subject Property. Legal Description: The legal description of the Subject Property and Annexation District shall be as described in Exhibit "A" attached hereto and incorporated fully herein by this reference. Recordation: Property Owner understands and agrees that the obligations assumed by Property Owner under this Agreement shall be binding upon Property Owner and any and all of Property Owner's present and future beneficiaries, heirs, successors, and assigns, and the successor legal and beneficial owners of all or any portion of the Subject Property. To assure that future beneficiaries, heirs, successors, and assigns have notice of this Agreement and the obligations created by it, Property Owner agrees that this Agreement shall be recorded with the Clerk and Recorder for Flathead County, Montana. Obligations of the Property Owner: In further consideration for the services provided by the City, as more fully described below, the Property Owner agrees that the real property within the Annexation District shall be developed to the standards of the ANNEXATION DISTRICT AGREEMENT Page 2 of 6 E5 -=- 1) P. A F T City as more fully described in the City's Subdivision Regulations and City of Kalispell Standards for Design and Construction. In addition The City's Building Department will permit and inspect all structures within the annexation district consistent with applicable buildingcodes. odes. Extension of Services and Connection to and Use of the Utilities. Subject to the terms and conditions set forth in this Agreement and satisfaction of all applicable federal, state, and local rules, regulations, ordinances, laws, and statutes, the City hereby agrees to grant permission to Property Owner to connect, extend and use the Utilities in order to serve the Subject Property. Any connection and extension of the Subject Property to the Utilities shall be at Property Owner's sole cost and expense and in accordance with the provisions of any and all City ordinances applicable thereto from time -to -time and with such specifications as may be approved by the Director of Public Works. The City shall also provide the following services to the Subject t Property, upon annexation, upon such terms and conditions as hereinafter set forth: a. Fire Suppression: To be provided by the appropriate Rural Fire District until annexation is completed, after which the City of Kalispell shall provide fire spression services. An interim levy or tax will be assessed following creation of the District. Complete services will be provided and full levies will be assessed following annexation. b. Police and Law Enforcement: To be provided by the Flathead County Sheriff's Department until annexation is completed, after which the City of Kalispell shall provide law enforcement services. An interim levy or tax will be assessed following creation of the District. Complete services will be provided and full levies will be assessed following annexation. C. General Administration Services: To be provided upon annexation to the City. An interim levy or tax will be assessed following creation of the District. Complete services will be provided and full levies will be assessed following annexation. d. Solid Waste Disposal Services: To be provided by existing private carrier until annexation, after which the City of Kalispell will provide said services upon proper request, made in accordance with state law. e. Water: To be provided prior to annexation from privately -owned sources and facilities which meet or exceed City water services standards or Evergreen Water and Sewer District standards. Following annexation, the City of Kalispell or EverpEeen Water and Sewer District will provide water to the Subject Property and the service provider shall own said facilities extended to and constructed upon the Subject Property.. f. Sewer Services: Sewer facilities to be extended at Developer's expense and sewer facilities constructed upon the Subject Property shall become the property of the City of Kalispell. Sewer services will be provided b tCity of ANNEXATION DISTRICT AGREEMENT Page 3 of 6 Kalispell, utilizing conveyance connections provided by Evergreen Water and Sewer District. g. Storm Water Drainage: Storm sewer to be provided. Jr. Streets: Will be privately constructed to City standards, and privately maintained until annexation, after which streets shall be dedicated to and maintained by the City of Kalispell. i. Parks and Recreation: Parks and recreational facilities will be provided to the residents following annexation. Fees and Rates. Prior to connection of improvements on the Subject Property to the utilities, Property Owner hereby agrees to pay to the City the City's then -current system development charge, physical connection and inspection fees. Property Owner shall also be responsible for and agrees to pay the City's user charges for both water supply and sanitary sewer service. Property Owner shall also be responsible for and agrees to pay any and all charges of the sewage conveyance provider serving the Subject Property. Taxes: The City shall impose a tax levy on the Property Owners within the Annexation District based upon the difference between the municipal levy and the nonmunicipal levy or fee. By the end of the period specified in this agreement, the levy shall be the full amount that a resident of the City would pay in the year that the property is annexed. The interim tax levies to be assessed to the Subject Property prior to annexation will be based on the incremental costs to the City and sinking fund needs for providing services to the Annexation District area, in accordance with City policies and Ordinances. Remedies. It is agreed that the parties hereto 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 Property Owner agrees that Property Owner shall not seek and does not have the right to seek to recover a judgment of monetary damages against the City or any elected or appointed officials, officers, representatives, agents, attorneys, or employees thereof for any breach of any of the terms and conditions of this Agreement; and provided further, 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 sums and costs at a rate of ten per cent per annum. If Property Owner, or any of its successors or assigns, fails to satisfy any of its 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 public utility service (Evergreen Water will agree to stop water service as a remedy to unpaid utility bills either water or sewer) water supply to the Subject Property in accordance with applicable law. ANNEXATION DISTRICT AGREEMENT Page 4 of 6 Nature and Survival of Obligations. The parties hereto 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 Property Owner and of the beneficiaries, heirs, successors, and assigns of Property Owner, whether such beneficiaries, heirs, successors, or assigns succeed to a legal or to a beneficial interest in the Subject Property. In the event of non- payment within 30 days after the due date, such charges shall become a lien upon the Subject Property. The lien of the charges provided for herein shall be subordinate to the lien of any first mortgage now placed upon the Subject Property shall apply only to the charges that have become due and payable prior to a transfer of such property pursuant to a decree of foreclosure or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve the Subject Property from liability for any charges thereafter becoming due, nor from the lien of any such subsequent charge. Amendment and Waiver. The parties, and each of them, agree, acknowledge, and understand that this Agreement shall not be modified, changed, altered, amended, or terminated, nor shall any right under it be waived or relinquished without the written consent of all of the parties hereto specifically referring to such amendment or waiver. The City's written consent shall be by resolution duly adopted by the City Council. The failure of the parties to enforce this Agreement or any particular provision hereof at any given time shall in no event be deemed a waiver of the right to do so thereafter. Severability: If any provision, covenant, agreement, or portion of this Agreement or its application to any person, entity, or property is held invalid, such invalidity shall not affect the application or validity of other provisions, covenants, agreements, or portions of this Agreement that can be given effect without the invalid provisions or applications, and to this end, the provisions, covenants, and agreements in this Agreement are declared to be severable. Entire Agreement: This Agreement constitutes and is a full integration of the entire agreement of the parties. PROPERTY OWNER CITY OF KALISPELL By: City Manager ANNEXATION DISTRICT AGREEMENT Page 5 of 6 STATE OF MONTANA ss. County of Flathead On this _ day of , in the year 20_, before the undersigned Notary Public for the State of Montana, personally appeared , the City Manager of the City of Kalispell, Montana known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. {SEAL} STATE OF MONTANA County of Flathead Notary Public, State of Montana Residing in My commission expires: M*M On this _ day of in the year 20,, before the undersigned Notary Public for the State of Montana, personally appeared , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. {SEAL) Notary Public, State of Montana Residing in My Commission expires: ANNEXATION DISTRICT AGREEMENT Page 6 of 6