HomeMy WebLinkAbout16- Agreement for Extension of Sewer Service Across City Parkland - The Trust for Public Land - Story Mill Road and Bridger Drive AFTER RECORDING PLEASE RETURN TO:
Robin Crough PLATTED '
City Clerk, City of Bozeman
PO Box 1230 2564526
Bozeman, MT 59771-1230 Page: 1 of 3 11/23/2016 01:21:44 PM Fee: $21.00
Charlotte Mills - Gallatin County, MT MISC
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AGREEMENT FOR EXTENSION OF SEWER SERVICE ACROSS CITY PARKLAND
THIS AGREEMENT is made and entered into this day of 2016, by
and 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 Trust for Public Land, 1007 East Main Street, Suite
300, Bozeman, Montana 59715, hereinafter referred to as "Property Owner."
In consideration of the mutual covenants and agreements herein contained, the receipt and
sufficiency whereof being hereby acknowledged, the parties hereto agree as follows:
1. Purpose: City agrees to allow Property Owner to extend, at Property Owner's
expense, sewer main(s) or service(s) across parkland owned by the City, located west of and
adjacent to Story Mill Road and south of Bridger Drive (deed film 152, page 2244) ("Park
Property"), if it is necessary or advantageous to provide service for development of Property
Owner's tract of land described as Tract 26 on COS 2547.
2. Restoration: Property Owner agrees to promptly restore the Park Property to its
original condition after completion of such extension of sewer main(s) or service(s) to the City's
reasonable satisfaction. Property Owner agrees to immediately repair any damage caused by
Property Owner, its employees, agents, contractors or subcontractors to any public property outside
the Park Property including but not limited to streets, curbs, sidewalks, and other public
infrastructure to the then-current City standard.
3. Effect. This Agreement shall run with the land and shall be binding on and inure to
the benefit of the parties to this Agreement and their respective successors and assigns.
###END OF AGREEMENT EXCEPT FOR SIGNATURES ###
Page 1
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and
year first above written.
CITY OF BOZEMAN, MONTANA The Trust for Public Land
PROPERTY OWNER
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Chris Kukulski, City Manager _
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State of Washington )
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County of King )
On this 28"'day of September, 2016, before me, Daniel K. Wilson, the
undersigned Notary Public in and for the state of Washington,personally
appeared Thomas E. Tyner,personally known to me(or proved to me on the basis
of satisfactory evidence) to be the person who executed the within instrument as
Division Legal Director on behalf of The Trust for Public Land, the corporation
therein named, and acknowledged to me that the corporation executed said
instrument as its free and voluntary act and deed for the purposes therein
mentioned, and an oath stated that he was authorized to so execute said
instrument.
Ag
a�g. OAR A,, ,,? ���i, Print Name: Daniel K. Wilson
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? N� Notary Public in and for the
N AU a =z s State of Washington
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