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Home My WebLink About2001 - Payback Agreement - Valley West - WaterLINE TABLE LINE BEARING I LENGTH L1 N@9"59 ww 45.01' L2 N0 4off Christ the King ff1JO2 @91'D1.2 T&P7 1+549.53 L4 501.06'OEI"Wj 40@.00' L9 N@9.59'4 "W 17495' J Certificate Of Survey �h005B TRACT 1 360 RANCH CORP 41.29 TOTOL OGRES .Q. rtifkolo Of 5u //10050 TRACT 2A BURNT LEATHER RANCH INC. 23,30 TOTAL ACRES 'FM L A Portion of SETA SETA Section 9 Certificate of Survey .#1005 Paradigm Properties 17.53 TOTAL ACRES 11.53 ASSESSABLE ACRES . V" EXH1h . B - VALLEY WEST PAYBACK BOUNDARY FOR WATER IMPROVEMENTS W1/2, SWI/4 Section 3 "BB" 589'59'25"E Certificate Of Survey W112, W1/2, SE1/4, f/ 13022638.62' Section 3 less Minor Subdivision J253 X253 Mrs, Eric Anderson 10.49 TOTAL ACRES 3521 ASSESSABLE ACRES Christ the King ff1JO2 Lutheran Chur4 Douglas Lance Smith T&P7 1+549.53 TOTAL ACRES 41.12 ASSESSABLE ACRES N69'59'42 W n > 36-- P.O.B. 0' Snrvey Thence North 00'09'34" East a disiance of 898.54 feet, to said North line of Section 10; T^ #1829 "X" TRACT B Ll 8W59'25"gt- Hertitage Christian m Thence North 01'06'08" East a distance of 408.00 feet, to said North line of Section 10;; 621.10-" -tone Documented on Special Plat, Point of Beginning. "Z" Certificate Of Survey 11005C TRACT 3A VALLEY WEST L.L.C. 51.70 TOT& ACRES saw AssEaaleLE Acers 60' R/W- 'N 60' R/W Certificate Of Survey 110050 TRACT 4 VALLEY WEST L.LC. 16.19 Talk ACRES 3B,B1 ASSE-RLE ACRES A Portion of NE 1/4, SE1/4, Section 9, Certificate Of Survey //1005 Norton Ranch Inc. 4082 TOfA1 ACRES 36:98 ASSEVA RqiE MPES w J.C. Billion H Ear J Auto Plaza / r ,H 0.52 .,A. � BSstl-t 4L.cA z��1 L3 Certificate Of Survey y985 Montana Power Co. S..2 TOTAL ACRES !.W Ai9SSNlt 04M Certificate Of Survey #10050 TRACT 5 Valley West LLC. 174.17 TVAL XKA 17'J.9i A4Sk Ao" -L' rgo- ;51f %W .M. Cern/icate Of 5rrrrpy 1=5 B �Parcet A-1 UaM West LL. �. 1 . ACi1EB 735 ASSESSABLE AE11 100' R/W- 1 Oxford Ymsf 50% .U. Delaney & CO. Inc. 50% 20.35 TOT& ACRES 17.77 ASSESSABLE ACRES Certificate Of Survey #1672 Tract B .T. Michael W. Delaney flerma fidrakmd 96.90 TOTAL ACRES 5494 ASSESSABLE A"' 55.65 ACRES WIRIIN 5.1.6. ..I. Certificate Of Survey T84G Tract 2 Mk aef W. fJataaey & ".0 "r 1e 55 TOT& ACRE 19.25 ASSESSABLE ACRES Certificate Of Survey /1846 Tract 1 R&D Holding CO. 9.53 1QNA ACALs Ly.{. A9ELyewr AW7 "GG" Valley West Payback Boundary for Water Improvements The Legal Description of the Valley West Payback Boundary for Water Improvements is as follows: A Tract of Land located in portions of Sections 3 and 10, Township 2 South, Range 5 East, P M.M., City of Bozeman, Montana, being more particularly described as follows: Commencing at the southwest corner of said Section 3, also being the northwest corner of said Section 10, and True Point of Beginning; "BB" E1/2, W1/2, and W112, W1/2, SE1/4, SUBDIVISION Section 3 less Minor Subdivision J253 X253 Certificate Of Survey Christ the King ff1JO2 Lutheran Chur4 Douglas Lance Smith T&P7 1+549.53 TOTAL ACRES 41.12 ASSESSABLE ACRES N69'59'42 W �3rad i; 36-- 011.01, 0' Snrvey Thence North 00'09'34" East a disiance of 898.54 feet, to said North line of Section 10; T^ #1829 Thence along said North line of Section 10, South 89'59'25" West a distance of 621.40 feet; TRACT B a Thence North 89'59'25" West a distance of 600.00 feet; Hertitage Christian m Thence North 01'06'08" East a distance of 408.00 feet, to said North line of Section 10;; School -tone Documented on Special Plat, Point of Beginning. 13A6 TaFN. Apl 17.51 �55MIl Certificate Of Survey #1302 Certificate Of Survey #10050 TRACT 5 Valley West LLC. 174.17 TVAL XKA 17'J.9i A4Sk Ao" -L' rgo- ;51f %W .M. Cern/icate Of 5rrrrpy 1=5 B �Parcet A-1 UaM West LL. �. 1 . ACi1EB 735 ASSESSABLE AE11 100' R/W- 1 Oxford Ymsf 50% .U. Delaney & CO. Inc. 50% 20.35 TOT& ACRES 17.77 ASSESSABLE ACRES Certificate Of Survey #1672 Tract B .T. Michael W. Delaney flerma fidrakmd 96.90 TOTAL ACRES 5494 ASSESSABLE A"' 55.65 ACRES WIRIIN 5.1.6. ..I. Certificate Of Survey T84G Tract 2 Mk aef W. fJataaey & ".0 "r 1e 55 TOT& ACRE 19.25 ASSESSABLE ACRES Certificate Of Survey /1846 Tract 1 R&D Holding CO. 9.53 1QNA ACALs Ly.{. A9ELyewr AW7 "GG" Valley West Payback Boundary for Water Improvements The Legal Description of the Valley West Payback Boundary for Water Improvements is as follows: A Tract of Land located in portions of Sections 3 and 10, Township 2 South, Range 5 East, P M.M., City of Bozeman, Montana, being more particularly described as follows: Commencing at the southwest corner of said Section 3, also being the northwest corner of said Section 10, and True Point of Beginning; -Crrlirrcala Of Survey #1510 TRACT A THE VECTOR GROUP L L C. 37.75 Tofu ACRES PI " I, A55ACRES .ORES P. S.P. BOUNDARY NOTE: LETTERS ON INDIVIDUAL PROPERTIES PROVIDE CORRELATION BETWEEN THIS BOUNDARY EXHIBIT AND THE APPLICABLE ASSESSMENT SPREADSHEET. THIS IS A GRAPHICAL REPRESENTATION OF PROPERTY BOUNDARIES COMPILED OF INFORMATION OBTAINED FROM EXISTING PLATS AND CERTIFICATES OF SURVEY ON FILE AT THE GALLATIN COUNTY COURTHOUSE. THE INFORMATION DOES NOT REPRESENT A LEGAL SURVEY OF THESE BOUNDARIES OR PROPERTIES. MORRISON 1/4 SEC, SECTION TOWNSHIP RANGE MAIERLEJNC. ---T- x x x PRINCIPAL MERIDIAN, MONTANA 13 A 0 MALS PROJECT Na! 2885,304 GALLATIN _ COUNTY. MONTANA 30 J 026 50 PN IMIG FIELD WORK DATE: 11/16/00 PLOTTED DATE: Nov/16/2000 14.ep .eq n DRAWN BY: CTD SCALE: 1"=500' DRAWING NAME: N:\2665\Ro4Hc:AD\ExR1B1t\WATER,a.q (PRIOR TO REDUCTION). CHECKED BY:GJS CLIENT: SHEET -1 OF 1 Thence along the West line of said Section 3, North 00'47'00" East a distance of 1320.00 feet; Thence leaving said West line of Section 3, South 89'59'25" East a distance of 2638.62 feet; Thence South 89'59'25" East a distance of 804.96 feet; Thence South 00'47'00" West a distance of 1319.93 feet, to the North line of said Section 10; Thence along said North line of Section 10, North 89'59'42" West a distance of 174.95 feet; "cc" Thence continuing along said North line of Section 10, North 89'59'42" West a distance of 630.01 feet, to the North 1/4 corner of said Section 10; Thence continuing along said North line of Section 10, North 89'59'25" West a distance of 738.56 feet; Thence leaving said North line of Section 10, South 00'10'31" East a distance of 881.78 feet; Thence South 88'30'24" West a distance of 639.07 feet; Thence North 00'09'34" East a disiance of 898.54 feet, to said North line of Section 10; "DD" Thence along said North line of Section 10, South 89'59'25" West a distance of 621.40 feet; Thence leaving said North line of Section 10, South 01'06'08" West a distance of 408.00 feet; + _ Thence North 89'59'25" West a distance of 600.00 feet; Thence North 01'06'08" East a distance of 408.00 feet, to said North line of Section 10;; Thence along said North line of Section 10, North 89'59'25" West a distance of 45.01 feet, to the True -tone Documented on Special Plat, Point of Beginning. SE1/4, Section J Certificate Of Survey #1302 Containing 122 acres, more or less, along with and subject to existing easements, rights-of-way and park Jean Lewis 50% dedication. McDonald Land Ca Limited Partnership 50% 4.51 TOTAL ACRES 4as AVE30411ur MAIDS -Crrlirrcala Of Survey #1510 TRACT A THE VECTOR GROUP L L C. 37.75 Tofu ACRES PI " I, A55ACRES .ORES P. S.P. BOUNDARY NOTE: LETTERS ON INDIVIDUAL PROPERTIES PROVIDE CORRELATION BETWEEN THIS BOUNDARY EXHIBIT AND THE APPLICABLE ASSESSMENT SPREADSHEET. THIS IS A GRAPHICAL REPRESENTATION OF PROPERTY BOUNDARIES COMPILED OF INFORMATION OBTAINED FROM EXISTING PLATS AND CERTIFICATES OF SURVEY ON FILE AT THE GALLATIN COUNTY COURTHOUSE. THE INFORMATION DOES NOT REPRESENT A LEGAL SURVEY OF THESE BOUNDARIES OR PROPERTIES. MORRISON 1/4 SEC, SECTION TOWNSHIP RANGE MAIERLEJNC. ---T- x x x PRINCIPAL MERIDIAN, MONTANA 13 A 0 MALS PROJECT Na! 2885,304 GALLATIN _ COUNTY. MONTANA 30 J 026 50 PN IMIG FIELD WORK DATE: 11/16/00 PLOTTED DATE: Nov/16/2000 14.ep .eq n DRAWN BY: CTD SCALE: 1"=500' DRAWING NAME: N:\2665\Ro4Hc:AD\ExR1B1t\WATER,a.q (PRIOR TO REDUCTION). CHECKED BY:GJS CLIENT: SHEET -1 OF 1 qj.e,3 wo VALLEY WEST PAYBACK AGREEMENT FOR WATER IMPROVEMENTS THIS AGREEMENT, made and entered into this 2 day of January ,=�%l by and between the CITY OF BOZEMAN, a municipal corporation, organized under the laws of the State of Montana, ("City"), and VALLEY WEST, LLC, ("Developer"). WHEREAS, the City owns and operates a water system within its corporate limits; and WHEREAS, Developer has constructed water improvements to said system more particularly described on Exhibit "A" and entitled "Valley West Service Area Boundary for Water Improvements" attached hereto and incorporated herein by this reference, which improvements are capable of serving the tracts described and shown on Exhibit `B" and entitled "Valley West Payback Boundary for Water Improvements", attached hereto and incorporated herein by this reference; and WHEREAS, the service area described in Exhibit "A" is hereinafter referred to as the Service Area Boundary" and the service area described in Exhibit `B" is hereinafter referred to as the "Payback Boundary Area' ;and WHEREAS, the water improvements in the Service Area Boundary that are also located in the Payback Boundary Area are more particularly depicted and described in Exhibit "C",attached hereto and incorporated herein by this reference; and WHEREAS, the water improvements constituting the extension to said system and constructed by the Developer and described in Exhibits "A" and "C" (the "Water Improvements") have been finally accepted by the City for ownership, maintenance, and operation; and WHEREAS, the property located within the Payback Boundary Area, lies within the Service Area Boundary; and WHEREAS, the property located within the Service Area Boundary and within the Payback Boundary Area, are specifically benefitted from and by the Water Improvements; and WHEREAS, the property located the Payback Boundary Area is hereinafter referred to as the "Benefitted Properties"; and WHEREAS, the cost incurred in connection with the construction of the Water Improvements are delineated in Exhibit "D" and attached hereto and incorporated herein by this reference; and WHEREAS, the Benefitted Properties did not participate in the original cost of construction of the Water Improvements; and WHEREAS, the City has purchased a portion of the Water Improvements located within the Service Area Boundary, but outside the Payback Area Boundary, which purchase was financed through SID # 667; and WHEREAS, the Developer has transferred to the City that portion of the Water Improvements contained within Payback Boundary Area; and WHEREAS, the parties agree that the City, at its discretion, may charge and collect a fair pro rata share of the costs incurred in connection with the construction of the Water Improvements from each of the Benefitted Properties as those properties connect to the City's water system or annex into the City. This charge will be known as a Payback Charge and shall be the sole source of funds to be used by the City to reimburse the Developer for the Water Improvements located within the Payback Boundary Area; NOW, THEREFORE, in consideration of the conveyance to the City of the Water 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 City, by its acceptance of the Water Improvements, agrees that the Water Improvements have met the requirements of the City. The Developer further agrees to convey to the City good unencumbered title to the Water Improvements and secure or grant any necessary easements to the City for said Water Improvements. The City hereby agrees to accept said Water 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 associated with the construction and installation of the Water Improvements, that have not been reimbursed by SID # 667(hereinafter "Improvement Costs'). The Improvement Costs are delineated in Exhibit "D". The Developer does hereby certify that the Improvement Costs are directly and solely attributed to the construction and installation of the Water Improvements. 3. The Developer has submitted an as -built set ofplans together with his professional engineer's certification that the proj ect in which the Water Improvements were constructed was completed in accordance with the applicable laws, rules and regulations. 4. Whenever a Benefitted Property connects to the City's water service or annexes to the City, the City may, in its discretion, assess a payback charge to the party applying for connection or annexation or the owner of the affected property. The payback charge shall be a pro rata share of the Improvement Costs based upon the sum of $1,278.29 per gross acre, the PAYBACK AGREEMENT RE: WATER IMPROVEMENTS 2 "Payback Charge" shall be the product of the number of gross acres involved in the annexation multiplied times $1,278.29. In the event the City elects to assess such property a Payback Charge, the City agrees to collect the same from the party applying for connection or annexation or the owner of the affected property. The sum of $1,278.29 per gross acre shall be conclusively presumed to be a fair pro rata charge per gross acre against the Benefitted 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 send to the Developer (i) the funds collected minus a seven percent (7%) administrative fee to be retained by the City and (ii) a written accounting of such funds, reflecting the 7% administration fee and identifying the portion of the Benefitted Property annexed. The seven percent (7%) administrative fee discussed herein in shall be in addition to the Improvement Costs. The funds and accounting shall be sent to the Developer's agent, as designated below, unless otherwise changed by the Developer in writing The City will not permit any extensions or connections to the Water Improvements without the prior payment of the Payback Charge or without the full knowledge and approval of the City. If, for whatever reason, the City fails to collect the Payback Charge, the City shall not be liable to the Developer for such failure. 6. It is agreed that this agreement shall continue until Developer has recovered one hundred percent (100%) of the Improvement Costs, or upon the expiration nineteen (19) years, whichever occurs first. This Agreement shall be deemed terminated and of no further force and effect on the nineteenth anniversary of this Agreement. Failure of the City to recover the Payback Charge 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 Water Improvements and such connections shall not constitute grounds for reimbursement. 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 maybe brought by a third party against the City arising out or related to the assessment and collection of the Payback Charge in accordance with this Agreement, including but not limited to claims related to an error in calculation of proportionate cost or Payback Charge, defects in the construction of the Water Improvements, and errors in making a determination that the property or portion thereof assessed with a Payback Charge is or is not benefitted by said Water Improvements. Prior to the imposition of the Developer's obligations in this paragraph, the City shall provide Developer with written notice that a third partyhas 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. Such notices shall be sent to: PAYBACK AGREEMENT RE: WATER IMPROVEMENTS 3 with a copy to: Valley West, LLC Att: Gerald Wing 1240 Bennett Lane Calistoga, CA 94515 John M. Kauffinan, Esq. Kasting, Combs & Kauffinan, P.C. 716 S. 201h Ave. Suite 101 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, which shall not be unreasonably withheld.. 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 the authority to execute this Agreement on behalf of the Developer. 13. The undersigned for the City acknowledges and certifies that he/she has the authority to execute this Agreement on behalf of the City. 14. This Agreement maybe extended by the mutual written consent of the parties through their authorized representatives. 15. The Developer may terminate this Agreement after providing the City with a written notice of its intent to do so 30 days prior to the date of termination. PAYBACK AGREEMENT RE: WATER IMPROVEMENTS 4 IN WITNESS WHEREOF the Parties hereto have executed this instrument the day and year first above written. DEVELOPER: VALLEY WEST, LLC By: JeWi It : anaging Member CITY OF BOZEMAN: Clark V. Johnson, City Manager ATTEST: o � Robin L. Sullivan, Clerk of Commission PAYBACK AGREEMENT RE: WATER IMPROVEMENTS 5 STATE OF MONTANA ) ) ss. County On this day of000 before me, the undersigned, a Notary Public for the State of Montana, appeared JERRY WING known to me to be the Managing Member of Valley West, 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 Valley West. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) Notary Publi;Fe the State of N Residing at T My Commiss]on pines OZ, STATEOF MONTANA ) ) ss. County of Gallatin ) moa / On this ��- day of , '200Q, before me, the undersigned, a Notary Public for to of tana, personally appeared CLARK V. JOHNSON and ROBIN L. SULL , known to me to be the City Manager and Clerk of Commission, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. (SEAL) s otary Public for the State of Montana Residing at Bozeman My Commission Expires PAYBACK AGREEMENT RE: WATER IMPROVEMENTS 6