Loading...
HomeMy WebLinkAbout99- Utility Cost Share Agreement for Hunter's Way Sanitary Sewer Main Improvements . . ". . . . . ", UTILITY COST SHARE AGREEMENT FOR HUNTER'S WAY SANITARY SEWER MAIN IMPROVEMENTS 'I'his Agreement is made and entered into this 21st day of ___._~~_~e , 19 99, by and between HOMELANDS DEVELOPMENT CO., L.L.C., 1 Riverview Lane, Gallatin Gateway, MT 59030, hereinat'tercalled the "DEVELOPER", and the City of Bozeman, a Municipal Corporation of the State of Montana, hereinafter called the "CITY". WHEREAS, the DEVELOPER plans to install sanitary sewer mains to serve the Ilarvest Creek Subdivision, one of which is a 15 inch sanitary sewer main to be located in Hunter's Way between Durston Road and Oak Street, hereinafter referred to as the IMPROVEMENTS; and WHEREAS, the 15 inch sanitary sewer main is an improvement outlined in the City of Bozeman's Wastewater Facility Plan and will have benefits that exceed the 8 inch sewer main which the DEVELOPER needs to serve the Harvest Creek Development; and WHEREAS it is the intent and purpose of both the DEVELOPER and the CITY to hereby enter into an Agreement which will offset the difference in cost between the 8 inch sewer needed to serve the subdivision and the 15 inch sewer installed, which cost will be incurred by the DEVELOPER at the time of installation. NOW, 'TlIEREFORE, in consideration of the mutual covenants and conditions contained herein, it is hereby agreed as follows: 1. Imorovements and Estimated Costs of Improvements The improvements for which the City wishes to share in the cost of installation consist of a 15 inch sewer line and appurtenances. The amount of the City's participation shall he hased on the contractor's bid and shall be the unit cost difference between 8 inch sewer main and the 15 inch sewer main actually installed by the DEVELOPER'S contractor and accepted by the City. The City agrees to pay for the entire cost of the 15 inch sewer installed south of the first service connection on that line, which is identified as Lot 8 of Block 14 on the project plans. The IMPROVEMENTS will be constructed in accordance with the plans approved by the City of Bozeman and all terms and conditions of said approval. Upon completion of the IMPROVEMENTS and subsequent to acceptance by the City, the DEVELOPER shall provide the City Engineering Department invoices of such sufficient detail that the difference in cost between installed 8 inch sewer main and installed 15 inch sewer main may be easily determined. '- f Documentation of costs shall, at a minimum, include a detailed break down of unit costs of the various components ofthe work involvcd. Both thc DEVELOPER and their enginecr shall provide written certification that the costs are accurate and reprcscntativc of the work completed. Currently the amount of this rcimbursement is estimated to be $25,000.00. 2, Compensation It is the mutual understanding of the CITY and the DEVELOPER that the benefits of the IMPROVEMENTS arc not derived until such time as they are fully installed. As such, the timing of compensation from thc Crry to the DEVELOPER for the IMPROVEMENTS shall be made upon final completion of the IMPROVEMENTS and acceptance by the City. The City shall then, following a reasonable period of time for review of thc invoices submitted, compensate the DEVELOPER as described above. Prior to said compensation, the DEVELOPER shall provide evidence in the form of lien releases or other suitable means that the DEVELOPER has paid their contractor in full for the IMPROVEMENTS and that the DEVELOPER"S contractor has fully paid all suppliers and subcontractors. 3. Warranty The DEVELOPER shall warrant against defects of the IMPROVEMENTS for a period or one year from the date of their completion by including such warranty in the contract between the DEVELOPER and the DEVELOPER's contractor, a copy of which shall be provided to the CITY prior to initiation of construction on thc IMPROVEMENTS. 4. Default It is mutually understood that the IMPROVEMENTS specified in this Agreement cannot be completed unless the DEVELOPER fully performs its obligations in conformance with the approved plans, therefore the DEVELOPER shall not be due any compensation under this Agreement if they do not complete the full improvements pursuant to and in accordance with the approved plans, unless it is determincd to he in the best interest of the CITY to provide compcn,'ntion. 5. Governine Law and Venue This Agreement shall be construed according to the laws of the State of Montana. In the event of litigation concerning this Agreement, venue is in the Eighteenth Judicial District Court, Gallatin County, State of Montana. . . ~ - . 6. Modifications or Alterations No modifications or amendment of this Agreement shall be valid, unless agreed to in writing by the parties hereto. 7. Invalid Provision The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omittcd. 8. Assil!nment It is expressly agreed that the DEVELOPER shall not assign this Agreement in whole, or in part, without prior written consent of the CITY. 9. Successors Except as provided by Paragraph 9, this Agreement shall be binding upon, enure to the benefit oC and be enforceable by the parties hereto and their respective heirs, succcssors and assigns. 10. Attorney Fees In the event it becomes necessary for either party of this agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or givc any notice required herein, then the prevailing party or the party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary and cost of in-house counsel to includc the City Attorney. 11. Waiver A waiver of any breach of default by the CITY shall not be a waiver of any other hreach or default. The CITY's approval of any act by the DEVELOPER requiring conscnt of approval shall not be deemed to waive or render unnecessary CITY consent to or approval of any subsequent or similar act. 12. Bindine Effect 'l'he covenants and agreements herein contained shall be binding upon the parties hereto, their successors and assigns. 13. Rccords The DEVELOPER shall keep an accurate account of all costs associated with the IMPROVEMENTS at all times which shall be available for inspection by the CITY and/or their representatives. , /I" 1"0" The DEVELOPER shall make available, upon request, all documents related to the IMPROVEMENTS and maintain all documents related to the IMPROVEMENTS for a period of three years from the date of final payment for thc IMPROVEMENTS. DEVELOPER HOMELANDS DEVELOPMENT CO., L.L.c. By WaCk~ Its: ~~. M~ By: Its: S'fATE OF MONT ANA ) ):ss County of Gallatin ) I :)th t 'I) (J .. On this (. day of } /tJ1 j j , 19::..tL, before me th~ undersigned, a Notary Public for the State of Montana, pe'rsonally appeared CC,'& I It /' Ct) (i j ;i , known to me to be -ffu, nlrf/"//i 0 //7:;/ i)J6nr'Jf?r of 1-1z;}111 ki 17ft) l\'6dt/J/Ylt't'd (0. and the person whose name is subsci1bed to the within instrument and acknowledged to me that he executed the within instrument for and on behalf of r1ZVY, (lft,v\S ,./ )(\...1/ (()I) I (il I" (Ie), IN WITNESS WI-IEREOF, I havc hereunto set my hand and affixed my Notarial Seal the day and year first above written. \ \ I IiI ,III III \\\ ,. '--' I' 11/ .... "\' \~. i' -, II // (SEAL) ~,:"~><:",.",, ';, <> -- c '\.' tJ' /\ :.J, ;. .... I _ i.---.', ",'" () ~: -, ' ' '\ /, ,--)- I , , 1, / x.. := . I, '_ ,_ " "/; -~ ( {( III j . L c ' , ";t" l','. -- N 'P bl' f' h S., ' " (fl ' ,'\ L', ;j~r.~' otar ' u Ie o~ t e, tate of Montana -... /- '.', R 'd' /l ,," - ",.,/~'1)\:"""",';' ../ eSI mgat.~_L.)1.'...;Vin(tfv /'/I~ Ch \' My Commission Expires L( /J_I C J II/iii ill'l\ STATE OF MONTANA ) ):ss County of Gallatin ) On this day of , 19_, before me the undersigned, a Notary Public for the State of Montana, personally appeared . known to me to be of and the person whose name is subscribed to the within instrument and acknowledged to mc that he executed the within instrument for and on behalf of IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Public for the State of Montana Residing at My Commission Expires . \ , .. . CITY OF BOZEMAN ~1 ~~\"-" ~ , CITY OF BOZEMAN by its City Manager ~1: J~ Clerk of the City Commission STATE OF MONTANA ) )ss. County of Gallatin ) On this~ day of , 19 t1., before me, a Notary Public for the State of Montana, personally appear LARK V. JOHNSON and ROBIN L. SULLIVAN, known to me to be the City Manager an Clerk of the City Commission for 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 official seal the day and year first above written. (SEAL) ~._.,~~ otary Public for the State of Montana Residing at v7~ ,. .__ My Commissio Expires ~~.&.