HomeMy WebLinkAboutMeadow Creek Water.pdf Bozeman City Clerk &C jots cme-lam
P.O. Box 1230 1
Bozeman, MT 59771-1230 �,j cr•�k-�r � bu
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MEADOW CREEK SUBDIVISION PAYBACK AGREEMENT FOIA
IMPROVEMENTS
THIS AGREEMENT, made and entered into this day of
200-9 by and between the CITY OF BOZEMAN, a municipal
corporatio , rganized under the laws of the State of Montana, ("City"),and MEADOW
CREEK PARTNERS,LLC,("Developer").
WHEREAS, the City owns and operates a water system within its corporate
limits;and
WHEREAS, Developer has constructed water improvements to the system more
particularly described as the Meadow Creek Subdivision Offsite Water Main Extension,
which improvements are capable of serving the tracts described and shown on Exhibit
"A" entitled "Meadow Creek Subdivision Water Payback Zones" and described on
Exhibit"B"entitled"Meadow Creek Subdivision Water Payback Calculations",attached
hereto and incorporated herein by this reference;and
WHEREAS,the extension to said system has been finally accepted by the City for
ownership,maintenance,and operation;and
WHEREAS,the property located within the payback boundary area,Exhibit"A",
and described in Exhibit"B",is within the service area for the water main extension;and
WHEREAS,the property located within the payback boundary area,Exhibit"A",
and described in Exhibit"B",are specifically benefited from and by these improvements;
and
WHEREAS,the cost of constructing the improvements are delineated in Exhibit
"B",attached hereto and incorporated herein by this reference;and
WHEREAS, the benefited properties did not participate in the original cost of
construction of the improvements;and
WHEREAS,the Developer has transferred to the City the improvements;and
WHEREAS, the parties agree that the City, at its discretion, may charge and
collect a fair pro rata share of the costs of the improvements from each of the described
benefited properties as those properties request any Subdivision or Site Plan review and
approval. This charge will be known as a payback charge.
111111111111 IN 111111111111111111111111111 2293f 92P
Charlotte Mills-Gallatin Co MTMISC 63.00
NOW, THEREFORE, in consideration of the conveyance to the City of the
improvements, and the mutual covenants contained herein, it is agreed by and between
the City and Developer as follows:
1. The Developer agrees and certifies that the water improvements have been
constructed and installed in accordance with the requirements of the City. The Developer
further agrees to convey to the City good unencumbered title to the improvements and
secure or grant any necessary easements for said improvements. The City agrees to and
has accepted said improvements and easements for maintenance as part of its water
system.
2. The Developer has submitted to the City itemized invoices for labor,material,
engineering, and other costs directly attributable to the installation of the improvements
which are delineated in Exhibit`B". The Developer does hereby certify that the costs
listed in Exhibit "B" are directly and solely attributed to the installation of these
improvements.
3. The Developer has submitted an as-built set of plans together with his
professional engineer's certification that the project was completed in accordance with
the applicable laws,rules and regulations.
4. Whenever a Benefited Property applies for Subdivision or Site Plan review
and approval, the City may, in its discretion, assess a payback charge to the party
applying for review or the owner of the affected property. The payment of the payback
charge may become a condition of any approval given by the City. The payback charge
will be a pro rata share of the improvement based upon the rate calculated on Exhibit`B"
on a per gross square foot basis,the Payback Charge will be the product of the number of
square feet making up in the benefited property. This charge shall be conclusively
presumed to be a fair pro rata charge against the benefited property and will be in
addition to the usual and normal charges made by the City.
5. Within thirty(30) days of receipt of payback charge, the City will remit the
funds collected minus the administrative fee to be retained by the City, along with an
accounting to the individual designated in writing by the Developer to receiving these
proceeds. All funds distributed will be subject to a seven percent (7%) administrative
fee. No extensions or connections to these improvements shall be allowed without the
prior payment of these amounts or without the full knowledge and approval of the City.
If, for whatever reason,the City fails to collect the required fee,no liability shall arise or
any clam be made by the Developer against the City.
6. It is agreed that this agreement shall continue until Developer has recovered
seventy three and fifty nine hundredths percent (73.59%) of his total "as-built"
construction costs provided in Exhibit"B",or upon the expiration of twenty(20) years,
whichever occurs 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.
7. This Agreement has no effect on City charges for utility connections or impact
fees. The City may connect, free of charge, to the above described improvements and
such connections shall not constituted grounds for reimbursement.
IIIII IIIII IIIIf IIN IIIII IIIII III �I IIII IIII IIII 2293l 92P
Charlotte Mille-Gallatin Co MTMISC as.N
8. The Developer hereby agrees to release,indemnify,defend,and hold the City,
its agents, officers, and employees harmless from and against any suit, cause of action,
claim,cost,expenses,obligation,and liability of any character,including attorney's fees,
which are brought or asserted arising out of this agreement or out of the collection or
distribution of said charges, including but not limited to error in calculation of
proportionate cost, failure to collect fees set forth herein, defects in the construction of
the improvements, and in making a determination that the property or portion thereof is
or is not benefited by said improvements. Prior to the Developer's obligations in this
paragraph,the City will provide Developer with written notice that a third party has made
a claim against the City, its agents, officers or employees. The notice shall include a
request for a tender of defense pursuant to this paragraph and will be sent to:
924 Stoneridge Drive,Suite 1,Bozeman,MT 59718
9. Developer shall not assign any right or obligation hereunder in whole or in
part,without prior written consent of the City.
10.Any amendments or modifications to this agreement or any provision herein
shall be made in writing and executed in the same manner as the original document.
11.This agreement shall be interpreted according to the laws of the State of
Montana. Venue in any dispute arising from this agreement shall be in the Eighteenth
Judicial District,Gallatin County,Montana.
12.The undersigned for the Developer acknowledges and certifies that he has
authority to execute this agreement for the Developer.
IN WITNESS WHEREOF the Parties hereto have executed this instrument the
day and year first above written.
DEVELOPER:
By:
1 .
CITY OF BOZEMAN
By:CQ�,A.ZX"-—
Chris Kukulski,City Manager
i IIIIII fl�ll NNI III IIIIIII�IIIII I�III III l�l°IIII INI 2293492
Charlotte Mlll"allatin Co MTMISC 63.00
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ATTEST: Charlotte M111s-4allatin Co MTMISC 53.00
Stagy f ,tC�ty\Clerk
STATE OF MONTANA
ss.
County of Q_LLAT f4 )
On this Z �N day of JA h u.t}y 2001 before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
�`3. 1JeA� known tome to be the h p e A rWI uQ PA ttr*t,-- of
Meadow Creek Partners, LLC and the person whose name is subscribed to the within
instrument,acknowledged to me that he executed the within instrument for and on behalf
of Meadow Creek Partners,LLC.
IN WITNESS WHEREOF,l have hereunto set me hand and affixed my Notarial
Seal the day and year first above written.
CDESKi V v /`�
otary(Public Notary Public for the State of Montana
State of Montana
Residing at o g f•.4 a ►mot
My Commission Expires itIz&4we
STATE OF MONTANA )
)ss.
County of )
On this 14v .By of ^ 20 _ before me, the
undersigned, a No Public for the fate of Montana, personally appeared CHRIS
KUKULSKI and STACJ,Y ULMEN,known to me to be the City Manager and the City
Clerk,respectively,of 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 W[ ESS WHEREOF,I have hereunto set me hand and affixed my Notarial
Seal the day, "i p
' ypgY�n'st above written.
FSeal) : _
c. /
o Publi for the tat o ontana
esiding at
''! ;►�rtiR�`� My Commission Expires
Meadow Creek Subdivision
BOZ-05021.02
9/27/2007
EXHIBIT "B"
MEADOW CREEK SUBDIVISION
WATER PAYBACK CALCULATIONS
Construction Costs(COP Construction)
Zone Cost
24` $745,573.43
16' $447,015.57
Engineering Costs(Engineering Inc.)
Zone Cast
24" $53,578.44
16" $32,123.46
Subtotals
Zone Subtotal
24" $799,151.87
16" $479,139.03
7%Administration Fee
Zone Subtotal
24" $55,940.63
16" $33.639.73
Totals
Zone Total
24" $855,092.50
16" $512,678.76
Payback Rate
Zone Cost/SF
24" $0.024616
16" $0.016350 In 24"Pipe Zone Only
In Both 24"and 16'Pipe Zones
lnlll IIIII NISI INI IIIIIAI IIIII IIIII III IIIII III II1I 229M492P
Charlotte"Ills-Gallatin co MTMISC 63.m
Area Area Prorate Improvement 7%Admin Total
Parcel 1p a Pipe Legal Descriptlon (Acre) (SF) Percentngo Cost Foe Payback
34 WEST NAV ONLY OF N2NW4 LESS KWSC242S SE 39.44 1718006.4 4.95%, S19.S21.97 $L766.66 142,790.65
39,44AC
140 24' LESS BW'S SEC 13 25 SE 38.148AC SW4SW4 38,148 1661726.9 4.75% $35,229.22 $2,676.03 $40,905.27
ro1a) 757,4''A }4717096 100.00% $799,151.87 $55,940.63 58.5,092.50
"Tanner property(parcel 10 s 13)Is included In the payback but Is not required to pay the amount shown.The property
has been exduded from payback for water Improvements In an agreement prior to construction.
I III�I IIIII IIIfI�Ifl IIIIIIII IIIII IIIII 1�I Hill Illl IIII 2293f 92
Charlotte Mills-Gallatin Cc MTMISC 63.00
Area Area Prorate Improvement 7%Admin Total
Parcel ID# PI o Legal Description (Acre) (S F) Percentage Cost Foe Payback
Total /19.866 313573&3 100.0(i% 1479,139.03 S33.S39.73 SS1I,678.7G
'Tanner property(parcel ID 0 13)Is Included In the payback but Is not required to pay the amount shown, The property
has been excluded from payback for water Improvements In an agreement prior to construction.
1 Il��il Ill�l III�I III1 IIIII�I�Illlll�lll111 IINI����11122934906P
Char Lotto Mills—Gallatin Co MTMISC 63.00
Meadow Creek Subdivision
Water Payback
Surface Improvements
The 24"Main without the common Items(Gen.Req.,Storn,Dewst.)was 61%of the total cost and was applied to the common Items
The 16"Main has 39%of the total coat of the common items applied to IL
OffSlte Water Improvements"24"Main
Dollar Amount
Installed Quantity To Unit Bld To Date
Item No. Description Unit Ditto Price ($) (S)
1000 General Requirements LS 1 3138,666.DB $138,666.06
1002 Stornweter Management&Erosion Control LS 1 $2.557.96 $2,557.98
1003 Traffic Control LS 1 $15.000.00 $15,000.00
1004 Dewatering LS 1 $91,680.41 $91,660.41
1101 Conned to Existing 24"Watermain in S1 EA 1 $1.600.00 $1,600.00
1103 24"DIP Watermain wl Poly Wrap LF 4003 $83.00 $332.249.00
1106 24"Cross EA 1 $6,700.00 $6,7D0.D0
1107 24"11.25 Degree Bend FA 4 $2.800.00 $11,200.00
1109 24'Butterfly Valve wl Box EA 8 $7,200.00 $57,600.00
1113 24"x24 W Tee EA 6 $3,500.00 $21,00.00
24".x I Reducer EA 1 $2,300.00 $2.300.00
1115 24"Watermain Plug and Thrust Block E4 2 $1,600.00 $3,200.00
1117 Fire HydrantAssemby FA 6 $4,5D0.00 $27,OD0.00
1118 Open Cut South 79th Avenue EA 1 $19,840.DD $19,840.00
1201 Street,Gravel,and Sign Restoration LS 1 $15,000.D0 $15,000.00
TOTAL $745,573.43
Engineering and Construction Administration-24"Main
Engineering,Inc.-Design 332,091.15
Engineering,Inc.-Construction Administration $20,887.20
TOTAL $53,578.44
Off-Sits Water Improvements-16"Main
Dollar Amount
Installed Quantity To Unit Bid To Date
Item No. Description Unit Data Price ($) (S)
1000 General Requirements LS 1 $89,013.94 $69,013.94
1002 Stormwater Management&Erosion Control LS 1 $1,642.04 $1,642.04,
1003 Traffic Control LS 1 $2,600.00 $2,600.00
1004 Dewaterirg LS 1 S56,839.59 $58,839.59
1102 Connect to Existing 12"watermain 11th EA 1 $1,100.D0 $1,100.0D
11D4 16"DIP Waterman with Poly Wrap LF 3726 $65.00 $204,030.00
1105 12"DIP Watermain with Poy Wrap LF 10 $85.00 $850.D0
1108 16'Cross EA 1 $4,200.00 $4,200.0D
1110 16'Butterfly Valve with Box EA 7 $5.700.00 33900.00
1111 12'Gate Valve with Box EA 1 $1,950.00 $1,950.00
1114 16"x 12'Reducer E4 1 $1,310.00 $1,310.00
1116 16"Watermaln Plug and Thrust Block EA 2 $950.00 $1,900.00
1118 Open Cut South 19th Avenue EA 1 $19,940.00 $19,840.00
1202 Land Restoration LS 0.8 $12,8D0.00 $10,240.00
1203 Ditch Restoration EA 1 $6,700.00 S8,700.D0
TOTAL S447,D15.57
Engineering and Construction Administration
Engineering,Inc.-DesIgn S19,600.29
Engineering,Inc.-Construction Administration $12.623.17
TOTAL $32.123.46
CONSTRUCTION TOTAL $1,192,589.00
ENGINEERING TOTAL $85,701.90
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3492p
Charlotte Millrr-Gallatin Cc MTMISC 63 00
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