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Home My WebLink About19- Sewer Agreement - Wallace-Babcock Properties, LLC - South Wallace Avenue Sanitary Sewer Collection System Improvements MUM to: CRY of Bozeman City Clerk RQ Box 1230 PEA BQ10men, MT 59771 v 1230 2646635 Page: 1 o1 5 06/05/2019 03:29:55 PM Fee: $35.00 Eric Semerad - Gallatin County MT MISc IIII IIIII 11111111111111111 III 11111111111111 IN CITY OF BOZEMAN WALLACE SEWER AGREEMENT THIS AGREEMENT is made and entered into this day of E� , 2019, by and between the CITY OF BOZEMAN,MONTANA,a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as "City," and, Wallace-Babcock Properties LLC hereinafter referred to as "Developer." WHEREAS, the Developer desires to complete certain public and private improvements to benefit its development project Site Plan Development Application 17-263, Wallace and Babcock Building (the "Development") and the City desires to make the developer aware of the risks involved with construction of the associated public infrastructure; and WHEREAS,the City and the Developer desire to set forth the terms of their agreement in writing. NOW THEREFORE, In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Incorporation: The foregoing recitals of this Agreement are contractual and are hereby incorporated by reference. 2. The Project: The construction of improvements (the "Project") consists of installation of approximately 400 LF of sanitary sewer in South Wallace Avenue to connect in Main Street. Prior to construction the Developer must submit to the City Engineering Division a final set of Plans and Specifications for the Project and receive approval of the Plans and Specifications from the City's Engineering Division.No occupancy of any structure to be built on the Development will be authorized until the City Engineering Division performs a final inspection, receives final certification by the Developer's engineer, and approves the final Project per the process defined in the City of Bozeman Design Standards and Specifications Policy. Pagel U4 Terms: • The whole of the work within the South Wallace Avenue right-of-way will be within the CMC Bozeman Asbestos CECRA Facility. • The developer must retain a certified asbestos remediation consultant to oversee all construction activity within the asbestos facility. • The developer must obtain all required permitting and/or approvals through the Montana Department of Environment Quality (DEQ) prior to the start of any construction activity within the asbestos facility. • The developer must follow the Final 2016 Voluntary Cleanup Plan Remediation Proposal for the CMC Bozeman Asbestos CECRA Facility. o As required with the remediation plan, all Asbestos Containing Waste ("ACW") (soil and any other associated materials impacted by asbestos) excavated from the facility by Developer will be removed and disposed at the Valley View Landfill, a Class II landfill in Montana City, Montana. o As required with the remediation plan confirmation sampling of soils left in-place will be performed in all areas where ACW was removed by Developer per methods outlined in the Sampling and Analysis Plan and Quality Assurance Project Plan (SAP/QAAP) (Appendix G to the Amended VCP). • The developer must coordinate with all work within the Facility with the City of Bozeman. Risks: • The financial responsibility of asbestos remediation incurred due to the Project, including but not limited to DEQ site response oversight costs, shall be the sole responsibility of the developer. • The developer recognizes that if the limits of asbestos remediation specifically required for the Project extend beyond the indicated work limits all additional remediation efforts incurred due to the Project are also the responsibility of the developer. • The City will not issue an occupancy permit for of the building without an approved construction completion report from the Montana DEQ. • The Orphan Share Reimbursement for asbestos remediation pursuant to §§ 75-10-742 et. seq., MCA, is not guaranteed for this project and is subject to the availability of Orphan Page 2 of 4 Share Funds. All remedial action costs specifically incurred due to the Project, including those incurred by DEQ, shall be paid in full by Developer. Subject to DEQ requirements and approvals, the City, at the request of the Developer, may submit claims on behalf of Developer against the orphan share fund for the Orphan Share's proportional share of those costs. The Developer shall reimburse the City for time and costs spent on such claims. 3. Contracts for Design and Construction of Project: The Developer must retain a licensed professional engineer to provide construction inspection and oversight services for the Project and retain a licensed and qualified contractor to construct the Project. The Developer is solely responsible for selection and hiring of the engineer and contractor. 4. Amendment and Waiver: This Agreement may only be amended or modified by a written agreement signed by the City and the Developer. No waiver by any party hereto of any provision or breach of,or default under,this Agreement shall be deemed to have been made unless the same is in writing and signed and delivered by the party charged with making the waiver, and no waiver of any provision or breach of, or default under, this Agreement shall be deemed a waiver of any other provision or breach of, or default under, this Agreement. 5. Representations and Warranties: Each party represents and warrants to the other that: a. Execution of this Agreement does not violate any agreement, bylaw, statute or ordinance binding on or applicable to such party; and b. The individual executing this Agreement on behalf of the party is duly authorized and empowered to execute this Agreement for the party, and following execution and delivery by both parties this Agreement will be a legally binding obligation of the party, enforceable against the party in accordance with its terms. 6. Choice of Law and Venue: This Agreement shall be governed by, and interpreted under, Montana Law, without regard to conflict of law principles. Mandatory and exclusive jurisdiction for any dispute shall be in the Eighteenth Judicial District Court, Gallatin County, Montana. 7. Severability: Each provision of this Agreement shall be considered severable and if for any reason any provision which is not essential to the effectuation of the basic intent of this Agreement is determined to be invalid, such invalidity shall not impair the operation of or effect those provisions of this Agreement which are valid. Page 3 of 4 Dated this le day of ��/L�1— , 2011 Wallace-Babc Properties LLC --�By: Peter R. BelschweTnde , Member By: Todd A. Smith, Member ; 0� W avl+ti V1 C1 y: Gabriel Williams, Member Cou vlf-4 cl� Gat I W-l-►v1 111 i S i n-5trU wteAA+ vJAS 5 i�h ecl o h d o►Ck.v►owl-edgtd4 b11Fbyl v"� Oki A.pvi I iS, zoM bLA P--r,4fy 'a>elsC�►wt�ld�, Dated this 44'-'day of M&44 , 2011 Tvdd 5M I i1h q V�d GalovI e I W i I I i g MS US MCVIA6&V5 of w a l lace - Ba,loc'Dr- CITY OF BOZEMAN By: Andrea Surratt, City Manager N dKlV\4 ti ha lout, Mggc KETTI JO MARCOFF •• o�; Notary Public r:NolnHigt• ,for the State of Montana * 'A ._ Residing at: =��•SH Al%.�Q\ Belgrade, Montana FoF M0 My Commission Expires: August 24,2019 Page 4 of 4 State of Montana County of This instrument was soned or ackno edged before me on V (Nania.of igner) of C Z.�Aj,- n (No Signature) [Affix seal/stamp to the left or below] " BRENDA SWEENEY SwFF.t'.; Notary Public me. ,OTARI4*�.4-for the State of Montana Residing at: %,5:.SEAL. ; Bozeman, Montana My Commission Expires: OF December 02, 2022