The URL can be used to link to this page

Home My WebLink About17- Reimbursement Agreement - Wake UP, Inc. - Bridger Drive Trunk Sewer Main AFTER RECORDING PLEASE RETURN TO: Robin Crough City Clerk, City of Bozeman 2582717 PO Box 1230 Page: i of 6 06/14/2017 032600 PM Fee: $42.00 Charlotte Mills - Gallatin County, MT MISC Bozeman, MT 59771-1230 111,111,111111111INIIIllllilllll11111111111111111111111IlllNIIIllllllllllll1111111IN AGREEMENT FOR REIMBURSEMENT THIS AGREEMENT, made and entered into this _ C day of In E , 2017, by and between the CITY OF BOZEMAN, a municipal corporation, organized under the laws of the State of Montana, ("City"), and Wake UP, Inc. of Bozeman, Montana and 2511N LLC of Bozeman, Montana, ("Developers"). WHEREAS, Developers presently own land located in Gallatin County, Montana; and WHEREAS, the City owns and operates a sewer system within and adjacent to its corporate limits; and WHEREAS, Developers paid for construction of a certain extension to said system more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference, which extension is capable of serving the tracts hereinabove described; and WHEREAS, the extension to said system described in Exhibit "A" is located within the area served by the City; and WHEREAS, the area capable of being served by the extension to said system described in Exhibit "A", is herein referred to as "the benefitted properties", and is particularly described in Exhibit "B" attached hereto, and by this reference incorporated herein; and WHEREAS, all of the benefitted properties did not participate in the original cost of construction of the extension described in Exhibit "A", the total of which amounts to $167,868.13; and WHEREAS, the City and the Developers desire to and intend by this agreement to provide terms and conditions by which Exhibit "B" properties may connect to, and utilize the extension; and WHEREAS, the parties hereto agree that the City will charge and collect a fair pro rata share from each of the described benefitted properties that did not participate in the original cost of construction as they connect to said extension; NOW, THEREFORE, in consideration of the payment to the City for the extension described in Exhibit "A", and the mutual covenants contained herein, it is agreed by and between the City and Developers as follows: 1. The City agrees to collect from the owners of property benefitted by said extension who did not contribute to the cost of construction of said extension, and who subsequently connect to or use the same, a fair pro rata share of the cost of such construction based upon the sum of$5,720.97 per gross acre, which unit charge shall be conclusively presumed to be a fair pro rata charge against the benefitted property. The reimbursement charges are in addition to the usual and normal charges that will be made by the City for service connections, monthly service charges and impact fees. The Developers hereby release the City from any and all claims that may arise out of the collection of said charges, including but not limited to error in calculation of proportionate cost, failure to collect fees set forth herein and in making a determination that the property or portion thereof is or is not benefitted by said services. 2. The City shall account for funds received and remit said funds to Wake UP, Inc., P.O. Box 23, Harrison, MT 59735 (45.44%); and 2511N LLC, P.O. Box 13, Bozeman, MT 59771 (54.56%), designated by writing as the agent to receive said proceeds by the Developers, approximately thirty(30) days following receipt of said funds, less an administrative fee of seven percent (7%) of the amount received. No extensions or connections shall be made to the sewer line without first paying the required amount and with the full knowledge of the City. However, if the City, for whatever reason, fails to collect the required fee hereunder, no liability shall arise nor any claim be made by the Developers against the City. 3. It is agreed that this agreement shall continue until Developers have recovered twenty five percent (28.43%) of their total "as-built" construction costs, or upon the expiration of ten (10) years, whichever shall occur first, whereby this agreement shall be deemed terminated and of no further force and effect. Failure of the City to recover the maximum reimbursement shall neither create a liability on the part of the City nor extend the Agreement beyond the period specified herein. Provided, however, that should this agreement not provide Developers with reimbursement as described above within said ten (10) year period, this agreement may be extended by way of a mutual agreement between the parties, unless such an extension would work a hardship to the City. 4. Construction and installation of the sewer line is limited specifically to the terms and area covered by this agreement. Nothing in this agreement is to be construed as an obligation on the part of Developers to extend the sewer line to any points beyond those contemplated in this agreement and described in Exhibit "A.". 5. This Agreement has no effect on City charges for utility connections or impact fees. The City may connect to the above described extension other main extensions or side lateral extensions, as appropriate. Such connections shall not constitute grounds for reimbursement. Any connections to such extensions of the above described extension shall not constitute grounds for reimbursement. The City shall be the sole judge of what constitutes a main, side lateral extension, or sewer service. IN WITNESS WHEREOF the Parties hereto have executed this instrument the day and year first above written. Wa e��UP,,, Inc. By: State of Montana ) ):ss. County of Gallatin ) On this f� day oI;'�1120 �LP before me, the undersigned, a Notary Public for the State of Montana,personally appeared CI U I' 2 V u known to me to be the person whose name is subscribe to the within instrument, and acknowledged to me that he/she executed the same for and on his own behalf. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. PINE K,4THERINE MAINES (SEAL) °ti�� 2 Notary Public yY.'NOTM.4 .emu,-for the State of Montana = Residing at: j.SEAL.-'*= Belgrade, Montana r , 9'FoF t�+o My Commission Expires: July 22, 2020 Not y Public for the State of Montana (Printed Name Residing at My Commission Expires: % ----420� 25llN LLC By: State of Montana ) ):Ss. ... County of Gallatin ) On this 15 day od�"r201P before me, the undersigned, a Notary Public for the State of Montana, personally appeared I C rGs Vx,0 A5tw,lu-L known to me to be the person whose name is subscribed o the within instrument, and acknowledged to me that he/she executed the same for and on his own behalf. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. S ,, A1NeMq:, KATHERINE M • > Notary AINES ' 'Oic TARjq<:N_for the Sta a of Montana * * Residin N .SEAL. gat: Belgrade, Montana OF hi � MY Commission Expires 20 No ary Public for the State of Montana (Printed Name) /! Residing a My ission Expires: / /20 CITY O BOZEMA By: STATE OF MONTANA ) ss. County of Gallatin ) On this L-) _day of L$ , 20�, before me, the undersigned, a Notary Public for the State of Montana, personally appeared £ I£�--a•�i--}�IN- C-�6�I, known to me to be the City Manager a*id G4y=,�mv, �`� �'-=*the City of Bozeman and the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of the City of Bozeman. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) .•��KEN:+, ALICIA KENNEDY NOTARY PUBLIC for the SEAL; STATE OF MONTANA Nam. ,=c Residing at Bozeman,Montana Notary Public for �Iate of Montana � aF µ0_4 My Commt 4 Expires , August O4,zoos 0 v� (Printed Name) Residing at Bozeman My Commission Expires: / _LA_/20_[5 EXHIBIT A TRUNK SEWER MAIN ALIGNMENT BRIDGER DRIVE OS 1895,TRACT 7,SW4 1.604 ACRES LESS HWRW PARK! iRACT>N I STORY MILLS ANNEXATION TRACT 26 TO BOZEMAN I COS 2547 I 8.025 ACRES TRACT nY TRACT K I COS 1346 I 0.736 ACRES I I I I I I TRACT23A I I COS 2547 TRACTez I I TRACT 1 2.267 ACRES I COS 1895 TRACT 22 PLUS ABANDONED I 5.6146 ACRES MENARD LINE ADDITION iRACTn i iet ADJACENT TO TRACT 22 ITRACTS41 TRACT2 NORTHEAST ANNEXATION COS 1147A 0.9 ACRES 0.79 ACRES _ TRACT05 \ ]jjgCT3— i�� C051147A �''' TRACT 0.85 ACRE TRACT06 \\ COS 1147A \ \\ pR�v 0.51 ACRES EG \ TRAcrn \ \ \ \ \ \ TRACT4 \ COS 1147A \ 13.77 ACRES \ PAYBACK \ BOUNDARY \ Q -N- LEGEND I(' CT TRACT NUMBER ARBITRARILY ASSIGNED I, FOR THE PURPOSES OF THIS EXHIBIT IN'SEWER TRUNK MAIN Scale: I"-4W 0 200 400 800 DATE: 10-27-16 e'B° THE CITY OF BOZEMAN STORY MILL ROAD & GRIFFIN DRIVE HNGWffiiMG DEPABTIOW SEWER PAYBACK BOUNDARY EXHIBIT DRAWN BY: K6(G o _ 20 B. OLIVE --P.O. BOY 1230 BOZEMAN,MONTANA 59771-1230 BOZEMAN. MONTANA PROJECT No.: +m+° PHONE: (408)582-22SO-- ■AL• (408) 582-zz6S EXHIBIT B STORY MILL ROAD AND GRIFFIN DRIVE SEWER PAYBACK Total Area(Ac) 31.397 Total Improvement Cost $167,868.13 Incremental Cost($/Ac) $5,346.70 Tract Property Property Percentage Improvement Total Payback Payback # Area (Ac) of Total Cost with 7% Rate($/Ac) Area Admin Cost 1 Tract 26,COS 2547 8.025 25.56% $42,907.25 $45,910.76 $5,720.97 2 Tract K,COS 2547 0.736 2.34% $3,935.17 3 Tract 22 Plus Abandoned Menard Line Lying Ad to 0.900 2.87% $4,812.03 $5,148.87 $5,720.97 Tract 22 Northeast Annexation 4 Tract 1 COS 1147A 0.510 1.62% $2,726.82 5 Tract 2 COS 1147A 0.790 2.52% $4,223.89 6 Tract 3 COS 1147A 0.850 2.71% $4,544.69 7 Tract 4 COS 1147A 10.100 32.17% $54,001.65 8 Tract 23A,COS 2547 2.267 7.22% $12,120.96 9 COS 1895,Tract 1 SW4 1.604 AC Less HWRW Park/Story Mills 1.604 5.11% $8,576.10 Annex to Ban 10 Tract C2-A COS 1877B 5.615 17.88% $30,019.57 Totals 31.397 100.00% $167,868.13 $51,059.63 NOTE: ONLY TRACTS 1&3 WILL MAKE PAYBACK. ALL OTHER TRACTS ARE OWNED BY AND THE REQUIRED SHARE OF THE PROPERTY OWNERS BEING PAID BACK.