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Commissioners place on file escrow agreement for Montana Connections property sale; indemnification clause prompted review
Summary
An escrow agreement with Horizon Montana LLC for a property sale in Montana Connections was placed on file after commissioners reviewed an indemnification clause; staff said Horizons prefers Land Services LLC for escrow but will use a local title company for other work.
Butte-Silver Bow commissioners concurred and placed on file an escrow agreement with Horizon Montana LLC to establish an escrow account with Land Services LLC for the sale of property in Montana Connections. The item was segregated so staff could explain the indemnification language.
Commissioner O'Leary asked Administrator Rosa to explain the purpose of the escrow agreement. Administrator Rosa said the agreement was unusual because Horizons Montana requested using Land Services LLC for escrow — a firm they use for other transactions — while retaining a local title company for other closing work. She said because the agreement contains an indemnification clause, the county attorney reviewed it and the council must approve any executive signature on agreements containing indemnities.
“The reason it has to come in front of council is there is an indemnification clause in it,” Administrator Rosa said, and confirmed that staff had reviewed the arrangement with county attorney Enruth. Commissioners voted to concur and place communication 2025-257 on file; clerks recorded 9 yeas, 0 nays.
The approval allows Chief Executive Gallagher to sign the escrow agreement consistent with legal review; commissioners did not alter the escrow beneficiary or the basic terms described in the communication. Staff indicated the transaction is proceeding, including surveying and other customary closing work.
