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Home My WebLink About2008 - Payback Agreement - Meadow Creek Subdivision - WaterIlffl 11 if 111111- - IIfi11111 Illi 111 iglu 11111E -11 III 1 1 I I f■ - IIII II 1111 �_— - a, i .11 II u11II1 .11, - I ._- •-11_.- _ 1 I IT, I i - E dills , 111 :, inlllll as�-I�—I -_ -- I1 1I IIII ■11111 D 11 1111111171111 11111 I. - 1 vu urn 1111111■ _ " �r ii m —I I f1 IBII�H1111111 Illllrullllll uu1.....Im IIIlurtuuu� .. 11111111. jiiE� ms� IT�f �111�111�11 (11-11-1111111511 I 1I 1�0b�111I11 r11r1�(1 ' C 11 ■ In ■ 1f 111111111111 110a11(1■1 - 1111 1111 111■ 1`-�Sr r_ ft millemallis Bozeman City Clerk P.O. Box 1230 Bozeman, MT 59771-1230 ' ,j G• MEADOW CREEK SUBDIVISION PAYBACK AGREEMENT FOA IMPROVEMENTS THIS AGREEMENT, made and entered into this day of 200_T 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. IIIIII VIII VIII IIII IIIIIIN IIII NpI III VIII IIII Illi 229of 9 3492P Charlotte Mills -Gallatin Co MTMISC 83.00 -za.f' 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. IIID VIII VIII III Illill� VIII IIIA II IIID IIII IIII 22931 92P Charlotte Mille -Gallatin Co MTMISC as.00 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. DEVELOP R: By: I CITY OF BOZEMAN By:CQ,�,( r.Jt Chris Kukulski, City Manager i IIIIII fl�ll` VIII IIIIIIII VIII I�III III VIII IIII INI 03/06/2N8 01:06P 2293492 Charlotte Mlll"allatin Co MTMISC 63.00 Illil�lllllllllllllllllllllllllllllllllllll�l�lllllll� 22934906P ATTEST: Charlotte M111s-4allatin Co MTMISC 53.00 Stacaty C�ty lerk STATE OF MONTANA I ss. County of QLLAT'N i On this Z & �' day of JA N u.. 2001 before me, the undersigned, a Notary Public for the State of �/ �Montana, personally appeared t3. A�cI}�j-*Q " known to me to be the V � P n AG-1sft- 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. 0 ( - [A Cy&DESKi ' v �, olota';' Punu° Notary Public for the State of Montana State of Montana Residing at a � �r � a .4r My Commission Expires z STATE OF MONTANA ) ss. County cif In , ) On this day of ^ 20 _ before me, the undersigned, a No --Public for the tate 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 WI ESS WHEREOF, I have hereunto set me hand and affixed my Notarial Seal the da .`an'" . � p ` �rrst above written.Uk- _``-• Seal} ^ �, f t,, o y Publi for the tat o ontana .� eliding at '' r �` 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" $53,576.44 16" $32,123.46 Subtotals Zone Subtotal 24" $799,151.$7 16" $479,139.03 7% Administration Fee Zone Subtotal 24" 55340.63 16" 1 $33,539.73 Totals Zone Total 24' $855,092.50 16" $512,678.76 Payback Rate Zone Cost/SF 24" $U24616 16" $0.016350 In 24" Pipe Zone Only In Both 24"and 16' Pipe Zones /hill VIII VIII III nlll�l IIID VIII III VIII SII IIII 229M492P Charlotte "Ills -Gallatin Co MTMISC 63.m Area Area Prorate Improvement 7%Admin Total Parcel 1130 We LogalDD3cdptlon (Agrej (SF} 9mconhige Cost _ Fee Payback 34 24' WEST ItAtt OKY OF WNW4 LESS RW 5EC 21 75 5E 39.44 1+116008.4 9596 $39.523.97 $2,766:66 147,?W_0 39.44AC 140 24' LESS RW'S SEC 13 25 SE 38.148AC SW4SW4 311.146 1661726.9 4.75% $39,229.22 $2,676.05 $40,905.27 " Tanner property (parcel 10 a 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. MINI VIII VIII IIII IIIIIIII VIII VIII III ulli Illl IIII 229of 9 3492 Charlotte Mills -Gallatin Cc MTMISC 63.00 Area Area Prorate Improvement 7% Admin Total Parcel IDA Ploe LAmW Description (Acre) ISFI P—PtUR Cost FN PaAl" ' Tanner property (parcel 10 4 13) Is Included In the payback but Is not requlred to pay the amount shown, The property has been excluded from payback for water Improvements In an agreement prior to construction. II��i1II1�1IlI�l III1 IIIII�I� Illlll�lll111 IINI�� 1112293492p Charlotta Mills—Gallatin Co MTMISC 63.00 'Ell 6111CH"111"M l#A��1i/GtL.�ltii0.�tItPIFx171 _ yj M9 I ftiu lJ a1! fiu al Ari 9ci $4 7t W 0AiAC CIDI t4f 1>A _ pr?IR tWwm%mssaIRIi'l ?1?M1'JE xaaw 1 H 5 . r IR)ii tw tilt VA 44iX At R: 1.1. WAC G94 wpb �K' t�+y�e+Islsscurrtstass,ueRv+�fnwrapuat� iii 1><3Y1 ai w'_. i 'P 4tiT1lpp/4tt71"tS liAf:ti#1M1Y0t♦ffL7Me$3tARlt G.rr 17117.1 au% WS01 Wo" alt" ' I!LJpR]'M AG7' I NO SCC n -kkl SR 30m Gti&-=3 to IINA 011% 4'LpR!=l C1i.ff oL : LV% 4 MC 21 it St SSK GFNIESSS IiJ Gil S rMIUK n;s: I;V-4 :40% �fOi d4! ' 4[A13+1s1.0ltrt 17A M'/ t1C 21 %! t! 1,11TAC giJhL725 I l2 11 057.7 r! 7'IRW lIIC1G� A 4A' ! ItLSp ]5 3e lti'uC Ut►r-!SS fyske(SS++r/ut tpC 0A sec 1,GS ITPJJ C_ 111. �T LOMT 1) 4104 W 1171 a 4W 8[W'tso eMMMS5 Mgt 04$ wt".4 "%d J . csl1i3R1.Z&S4 UK= M14olO tit 1,11 1R}xae &:i 44 RM 0)19 E,&UC,4FW S)t deMWR3s Mix .y{�1 o) MAW 4 WC a S so 1. rw ea ma: KttSt " 1.3-1 'sp*,3 ll l tti RM7mxm *A" VAzirM;&' ..ti tsm.Al 11 111V ONAI'iEL 71 iSd<7r.- Gt+*Ttl FMs`3ti:1: T+AA P. 141 4^'-.840 0111 3i` ,' [Q11!Cril�irsR�,TRl3Y>a►.ltv�trrlii�+ TOL ISMS a.t2W TE i . 11r Wt t: W U- 11 a5 !.VAC Cltst.%.t' R'Y hCtS 7AAa 042 151..02 t131% ►1x,[711 111610 Ai' tM jWke" 1tt U 71 fi 43+C ""irur; a1, N*4. S Al 0,t1M V 4 Wall, 414t,IM SWU r'71rN 1►1L 16! WtiY4O17ii 21 is it e4RnYcf s1W+x 114 13304 s 111% 4'Aft i1 tS41t Jil° WY ii-Lf17f 2t Qvc= 141MAn 70Rt $14 Aptg 4,1S Jo"A 911% Pot" W.N Ci11riD0 1W y� 1�11Z�1:1K fY .R1M_ iT31110i3 WIT -[UN r.Str, M.CN11f01RRfF:JN�Lfa 211 i5 SI 31.1113 147444 C. L74 1"[¢33a 100.11. iR.)IAf: Diu7FS bU1ii1•IS't Th:H! �M /72S4,s 7]IM1�C;12S tM� MC 211 GCl1[S�E 1 WA114( ►NSM C hl )If 7,2A V1•' Lyq�lt' N j ¢R .7tNC NM3t1!7•TI1�tm'r}S6F1fRGY17'➢Se YrAC6WI.:IIS 11-77 1.)U17 ' Tanner property (parcel 10 4 13) Is Included In the payback but Is not requlred to pay the amount shown, The property has been excluded from payback for water Improvements In an agreement prior to construction. II��i1II1�1IlI�l III1 IIIII�I� Illlll�lll111 IINI�� 1112293492p Charlotta Mills—Gallatin Co MTMISC 63.00 Meadow Creek Subdivision Water Payback Surface Improvements The 24" Mein without the common Items (Gen. Req.,Storn,Dewst.) was 61% of the total cost and was applied to the common Items The 16" Main has 39% of the total coat of the Common items applied to It. OffSlte Water Improvements "24" Main OltSlto Water Im rovementa -16" Main Dollar Amount Installed Quantity To Unit Bld To Date Item No. Description Unit Ditto Price ($) (S) 1000 General Requirements LS 1 3138,666.08 $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" Wateroain 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 $6,700.00 1107 24" 11.25 Degree Bend EA 4 $2,800.00 $11,200.00 1109 24' Butterfly Valve wl Box EA 8 $7,200.00 $57,600.00 1113 24'x24 kit" Tee EA 6 $3,500.00 $21,000.00 12' Gate Valve with Box 24". x 12' Reducer EA 1 $2,300.00 $2,300.00 1115 24" Watermain Plug and Thrust Block EA 2 $1,600.00 $3,200.00 1117 Fire HydrantAssemby EA 6 $4,500.00 $27,000.00 1118 Open Cul Souih 79th Avenue EA 1 $19,840.00 $19,840.00 1201 Street, Gravel, and Sign Restoration LS 1 $15,000.00 $15,000.00 Ditch Restoration EA 1 $6,700.00 TOTAL S745,573.43 Engineering and Construction Adminletration - 24" Main TOTAL S447,D15.57 Engineering,Ina- Design $32,691.16 Engineering, Inc. - Construction Adminlstratton $20,887.20 TOTAL $53,578,44 OltSlto Water Im rovementa -16" Main Dollar Amount Installed Quantity To Unit Bid To Date Item No. 17escrt Uon Unit Onto PrtCe ($) ($) 16M GencralRequlremenis LS 1 $69,013.94 58_.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 Dewatering LS 1 $66,839.59 $56,839.58 1102 Connect to Existing 12" Watermain 11th EA 1 $1,100.D0 $1,100.00 1104 16" DIP Waterman with Poly Wrap LF 3726 $55.00 $204,830.00 1105 12" DIP Waternain with Poy Wrap LF 10 $65.00 $850.00 1106 16' cross EA 1 $4,200.00 $4,200.0D 1110 16' Butterfly Valve with Box EA 7 $5,700.00 $3900.00 1111 12' Gate Valve with Box EA 1 $1,950.00 $1,950.00 1114 16" x 12' Reducer EA 1 $1,310.00 $1,310.00 1116 10" Watermaln Plug and Thrust Block EA 2 $950.00 $1,900.00 1118 Open Cut South 19th Avenue EA 1 $19,940.00 $19,640.00 1202 Land Restoration LS 0.8 $12,800.00 $10,240.00 1203 Ditch Restoration EA 1 $6,700.00 S8,700.D0 TOTAL S447,D15.57 En lneerirl end k:en$truCtlOn Admini�tratlon Fneirteering, Inc. - oesign 319,600.7.9 Engineering, Inc. - Construction Administration $12,523.17 TOTAL 5.32,123.48 CONSTRUCTION TOTAL $1,192,589.00 ENGINEERING TOTAL $85,701.90 11uN1 IIIA Illll IIN III�IH II1N IIIII Ill IIIII IIII 1111229of 9 3492p Charlotte Mills -Gallatin Cc MTMISC 63 00 MEADOW CREEK SUBDIVISION n amelli NaRiNe,1Mc. p�. satstur oAriACR was Consulting follows sd lull Surveyors 1QIsI BOZEMAN. MONTANA � I MWIM • ROMAN Pi? WAIM PAYBACK ZONES Cf IIIIIIIIINI949�111111I�illi111111111 ill eazaw Charlotte Kill.-Wlt.tirr Ce NT117SC 63-00 t94(i 1 • f �� EXHIBIT "A" 7 ZONE 1- 24" WATER MAIN ZONE ZONE 2- 24" & 16" WATER MAIN ZONE SCALE 1" = 500' z O N W m WWZ z o � N Z N Y Z V WLLI z Ix a a 3 3 m a O 3 Q W 2 CAD. ops DATE; 9/28/07 R[M-. 12/01/06 APPROVED DV: OEW11Y ASSURANCE: SG1E� r=soo' ERE; ZONE -MEADOW PROJECT NO. Z-05021.0 SHEET OF 1