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HomeMy WebLinkAboutExecutive Auto Detail Agreement and Promise to Pay, 2006 tr) ~ tr) ~ ,.... ID ~ -<0 fS)og tr)~~ N.,::B 01_ N~~ Gl --= "" ID <'> --- u --= Ul ..... ____ E: ..... _E: o u C _.~ -;0 -..... 7; '" ~ o _c ~ '" -., ~ --=.t: _Ul Clerk of Commission PO Box 1230 Bozeman, MT 59771 AGREEMENT AND PROMISE TO PAY This Agreement made and entered into thIS 5th day of June, 2006 by and between the City of Bozeman and Richard and Kathy Wiersema, dba Executive Auto Detail, 195 Competition Drive, Bozeman, Montana witnesseth: 1. Richard and Kathy Wiersema own property in Bozeman, Montana more particularly described as Lot 2, Block 3, J.e. Billion Auto Plaza Subdivision, with a common address of 195 Competition Drive, Bozeman, Montana. 2. The subject property has been served by municipal water since at least 2001, at no connection cost, impact fee, or monthly water usage costs. This was discovered when the properties within the Auto Plaza Subdivision inquired about connecting to municipal sewer. 3. Because the City accepts partial responsibility in the fact that the property was connected to municipal water without proper permits, fees, and monthly usage billings, the City of Bozeman herein agrees that the initial connection fee and previous monthly usage charges will be waived. Monthly water usage will be charged on a nat rate fee beginning May 1, 2006, and will be charged a metered fee once the water meter is connected. 4. The City has determined that even though the structure is currently served by a 2" service line, the property owners' private plumber can reduce the service down to three-quarter inch (3,4") inside the building, which will greatly reduce the Water Impact Fee. IT M ~ M - __1Il~ .-_w _ 00 ~ 0 MN~ N .,g: 01- N ",w 0--0 iiiiiiiiiiiiiii 0 !!!!!!!!!! 0 ~ !!!!!!!!!! iiiiiiiiiiiiiii - =0 -Ul -;; iiiiiiiiiiiiiii ..... -E: - =0 =0 !!!!!!!!!! c _.~ -~ ="' -..... iiiiiiiiiiiiiii "' iiiiiiiiiiiiiii cr =., _0 _:ii -> -~ =..... iiiiiiiiiiiiiii q; !!!!!!!!!! .t: _Ul 5. In furthcr recognition of partial responsibility, the City will base the Watcr Impact Fee on the amount required in 2001, which is $2,142.29. 6. The City has agreed to enter into a monthly payment plan, and the Wiersemas hcrein agree to make monthly payments, for Water Impact Fees ($2,142.29) and the Water Meter cost ($227.25). The total amount owing for these fees is $2,369.54. ThIS amount will be due in twenty-four (24) equal monthly payments of Ninety-Eight Dollars and Sevcnty- Three Cents ($98.73), and this amount will be added to the property owner's City of Bozeman monthly utility statement for the property located at 195 Competition Drive. This amount WIll be addcd heginnmg with the July 2006 utility statement. 7. The Wier&emas specifically agree to authonze the City to file a lien on said property for any delinquent water charges, including the aforementioned monthly payment of $98.73, owed to the City including attaching said delinquencies to the city asscssmcnts which are filed with the Gallatin County Clerk and Recorder. The Wiersemas furthcr acknowledge that should these charges not be paid, these liens shall be enforceable against the future heirs, assigns or purchasers of the subject property. Thus, the Wiersemas spccifically agree to authorize the City to record this document with the Gallatin County Clerk and Recorder as a lien on the property. Per City Commission Resolution No. 3828, utility bIlls are due on or before the fiftcenth (15Ih) day of each month, and if not paid by that date, will be considered delinquent. If said charges are not paid in full by the fifteenth (15th) day of the following month, water service to the subject premises may be discontinued, after a ten-day wntten notice. For the purposes of this Agreement, water service will include the monthly payment of $98.73. 8. The subject property is currently being connected to municipal sewer service, as the property has been served by a private, central system, and the operator of that system has determined it is the best intcrcst of the &ubdivision the private central sy&tem serves, to disconnect from the private central system and connect all properties wIthin the subdivision to mUOlcipal sewcr, which is now located adjacent to the subdivision. 9. Sewer Impact Fees, at the current rate, must be paid before thc subdivision property can bc connected to municipal sewer. There are no provisions for time-payment of this fee. 10. In the event that either party incurs legal expenses, including the costs, expenses, salary and fees of in-house coun~el, to include City Attorney, to enforce the tcrms and conditions of this Agreement, the prevailing party is entitled to recover reasonable attorney's fees and other costs and expenses, whether the same are incurred with or without suit, including fees on appcal. (\') ~ (\') ~ ,.... I!l ~ -<0 SPg (\') <'> ~ N.,::B N 01_ ~:g _0 --= <:> Ul <'> - --- o ~~ E: ..... ~E: - _ 8 c ~ - "' ~..... ..... :; ~ g -~ - '" ==-- ., - ..... d: --=.t: _Ul , IT M ~ ('f) ~ ,... ll) ~ -<0 CS)og M"~ N .,g: lII_ N~;s ~o !!!!!!!!!!!!!!! .,. iiiiiiiiiiiilii ~ ~ iiiiiiiiiiiilii - =u -Ill -;; ~..... -"" - o =0 ~c _.~ -... ='" ~::: -'" ~'i' =., _0 =c ~~ ~.>o -., =..... ~d: ~.c _Ul 2 ~..:=-, RIchard Wiersema STATE OF MONTANA ) :ss County of Gallatm ) On thc ~day of !"!?'7 ' 20rk, before me, a Notary PublIc for the State of Montana, personally appeared Richard and Kathy Wiersema, known to me to he the person descnbed 10 and who exccuted the foregoing Agreement, whose name IS subscnbed to the wlthm lOstrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal on the day and year first written above. ~~~~ Notary Pubhc for State of Montana PF#Jd .tJ~Ad.4 Pflntcd Name ,_' ,I1~iCUng..,at:,1;r1.;ru/~ ",:-:~'C'O~~slOn ExpIres: ct-;? .' 0 I A h" /' ". , ~.:.. ~r '" 0 "'J ;' S"';'~M''7'''' "'(\ 1 U': l;A~ll"!if1" r- J 3" } ,...A , ~I '..' :: ~ -.. ',,/" o..YI: , (' """ .' " -... c,... .~..... ~,.I>. I' ,. I,; !\' 2011(, " ,,, ., , " STATE OF MONTANA ) :ss ..'--...... , County of GaUatm M ~ M ~ __Ill ~ .--<0 CS)og ('f) III ~ N.,l?'J lII_ N "'<0 0--0 ~G1 !!!!!!!!!!!!!!! 0 =I!l ~<'> ~ ~ - =0 -Ul -;; ~..... ->:: - =0 =0 !!!!!!!!!!!!!!! c _.~ -~ ='" -..... iiiiiiiiiiiiiii -;; iiiiiiiiiiiiiii 'r =., _0 =c !!!!!!!!!!!!!!! ~ iiiiiiiiiiiiiii '" -., =..... iiiiiiiiiiiiiii q; !!!!!!!!!!!!!!! .c _Ul ) CITY OF BOZEMAN By:~A- ~ ChrIS A. KukulskI, CIty Manager ------ On thc _ 5t~ day of 5 v"e.. _, 2cxX" before me, a Notary PublIc for the State of Montana, personally appeared Chrl., A, Kukulski and Br,+ fOI\ +-rn 0 1- , known to me to be the persons descrIbed m and who executed the foregomg Agreemcnt as City Manager and CIty Clerk of the CIty of Bozeman, whose names are subscnbed to the wIthm mstrument and acknowledged to me that they executed the same for and on behalf of smd CIty. IN WITNESS WHEREOF, I have hereunto set my hand and affixcd my seal on the day and year first WrItten above. \ \ \ \ ,.,,:-~ ". ~$'" r~ ~ ~~3~ {: ::E .~~" "I r ,< , ',~;~:~. .~ (.1), ~,,,",d r{~'~ 'll} ,. , 1 ~\~I ~' 1\ \1.\\\ nary PublIc for Stat~ of Montana eafhif 8Af1WfJ2lJt Ipnnted Name f'!'1 Resl dtn g at: f!xzt:.1rn[JfJ , , My CommIssIOn ExpIres' .. 0 , 20~ 4