HomeMy WebLinkAbout19- Agreement for Public Sanitary Sewer and Water Connection and Consent to Annexation - T. and V. Skelton - 2504 West Mendenhall Street, Lot 1 of the Simkins Subdivision Return to: City Clerk
City of Bozeman
PO Box 1230
Bozeman, MT 59771
pLA�ED
2663735
Page: 1 of 9 11/05/2019 04:55:04 PM Fee: $63.00
Eric Semerad - Gallatin County, MT MISC
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AGREEMENT FOR PUBLIC SANITARY SEWER AND WATER CONNECTION
AND CONSENT TO ANNEXATION
THIS AGREEMENT is made this 1 sr day of DVe,,,•hie-, 2019, by and between
the City of Bozeman, a municipal corporation organized and operating pursuant to its Charter
and the laws of the State of Montana, as grantor of City sanitary sewer services, hereinafter
referred to as "City," and Tanner J. and Vanessa E. Skelton, as grantee recipient(s) of City
sanitary sewer services,hereafter referred to as "Grantees," whose mailing address is 2504 West
Mendenhall Street, Bozeman, MT 59718.
WHEREAS, Grantees are the owners of the real property commonly known as 2504 West
Mendenhall Street, Bozeman, MT and legally described as Lot 1 of the Simkins Subdivision(Plat
F-32 in the records of the Gallatin County Clerk and Recorder) (the "Property");and
WHEREAS, Grantees request connection to the City sanitary sewer on an emergency basis
to correct an existing concern with their onsite wastewater treatment system; and
WHEREAS,the City of Bozeman owns and operates a municipal sanitary sewer system with
treatment of waste at its Water Reclamation Facility and water distribution and treatment system,
and
WHEREAS, the City agrees to allow Grantees to connect the Property to the City sanitary
sewer and water systems on certain conditions including consenting to annexation to the City; and
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WHEREAS, the parties are desirous of entering into a agreement pursuant to §7-13-4312,
MCA for the City of Bozeman to furnish City sanitary sewer services and water services to
"Grantee" at rates adopted in accordance with Montana State Law and City regulations and
policies.
IN CONSIDERATION of the performance of the terms and conditions of this Agreement on the
part of each party, and pursuant to §7-13-4312, MCA and §7-13-4314, MCA, IT IS HEREBY
AGREED AS FOLLOWS:
1. City to Provide Municipal Sanitary ewage and Water Service;No Cost to City; Connection
and Service Subject to Municipal Code.
The City hereby agrees to furnish sanitary sewer and water services to Grantee for the Property at
no cost to the City and upon the condition that Grantees will complete all required procedures to
annex the Property to the City. Nothing in this Agreement obligates City to pay the costs of right-
of-way acquisition,engineering,construction or any other costs for the sanitary sewer line or water
line extension to the Grantees' Property. Grantees' connection to and use of the City's sanitary
sewer system and water system is subject to the requirements of Chapter 40 of the Bozeman
Municipal Code and all requirements of said chapter are hereby incorporated into this Agreement.
2. Sanitary Sewer and Water Connections.
Prior to commencing construction, Grantees must submit to the City `s Building Division a
building permit showing plans for the connection of the water and sewer lines from the Property
to the City's sewer and water mains. Grantees must obtain approval of the building permit prior to
commencing construction of the connections. The sewer service will be provided through a lateral
sanitary sewer line extension in conformance with City requirements defined in Bozeman
Municipal Code (BMC) 40.03 Division 2 "Sewer Service Rules and Regulations". The water
service will be provided in conformance with BMC 40.02 Division 3 "Water Service Utility
Operations." The water service and sewer service shall conform with City of Bozeman
Modifications to Montana Public Works Standard Specifications, Water Service Line Standard
Drawing 02660-6 and Sanitary Sewer Service Line Standard Drawing 02730-2.
Grantees hereby warrants the work performed to connect the Property to the City's sanitary sewer
and water system for the portion of the line from the Grantees' Property to the City water and
sewer mains for a period of two (2) years after acceptance by the City. During this time, should
the City determine reconstruction or repair of the service is required to the lines subject to this
warranty Grantees agree to cause such reconstruction or repair to be made in a timely manner,
pursuant to City requirements, and without cost to the City.
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Grantees must also submit a Street Cut Application to the City Engineering Division and obtain
approval of that application prior to construction of any water and sewer service work within public
right-of-way.
Grantees must disconnect the existing sanitary sewer service from the Grantee's septic system.
Grantee must disconnect the existing water service to the house from the Grantee's well. The
Grantee must contact the City Water and Sewer Superintendent to inspect the disconnects at or
before the time of connection to City sanitary sewer and water mains. Grantee may continue to
use Grantee's well only for irrigation water supply on the property.
Grantees acknowledge the City's authority per Chapter 40, BMC,to regulate discharges to the
sanitary sewer system.
3. Transfer of Title
Within thirty (30) days of the completion of construction and City acceptance of the sanitary
sewer and water services, Grantees agree to transfer, or cause to be transferred, to City by
appropriate documents all of its right, title and interest that Grantees may have in the sanitary
sewer service and water service which exist within City controlled rights of way and which
were built by Grantees to provide service to the Property.
4. Maintenance of Mains and Laterals
Maintenance and repair of the service lines serving the Grantees' Property shall become and
remain the responsibility of the Grantees and their successors and assigns even where such
laterals exist within City controlled right of way. Maintenance and repair of the service lines
within public right-of-way will become the responsibility of the City per Chapter 40, BMC.
5. Fees and Rates
Upon connection of the Property to the City's sanitary sewer and water service, Grantees must
pay the City such sanitary sewer and water charges and rates as such are established by City in
accordance with Montana State Law including utility rates and cash-in-lieu of water rights. Any
impact fee owing for connection to the City's sanitary sewer system and water system must be
paid prior to the City authorizing the connection.
6. Consent to Annexation
Pursuant to Section 7-13-4314, MCA, the City requires that any person, firm, or corporation
outside of the incorporated city limits is required, as a condition to initiate such service, to
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consent to annexation of the tract served by City. Upon connection to the sanitary sewer and
water service Grantees agree to consent to annexation under the following conditions and in the
following manner:
a. Grantees hereby consent to said annexation and waive any right of protest to annexation
proceedings.
b. Grantees hereby agree and consent to,and hereby submits the Property described herein
to municipal taxation and assessments including but not limited to sanitary sewer utility
assessments, water utility assessments, street, tree, arterial and collector district
assessments, etc. in the same manner as other private property within the city is taxed
and assessed.
c. Grantees hereby acknowledge they have submitted a signed petition requesting
annexation. Grantees also acknowledge they have signed an annexation agreement
awaiting approval for the annexation and authorization for the City to sign the
annexation agreement from the Bozeman City Commission.
d. A copy of this Agreement shall be filed with the office of the Gallatin County Clerk
and Recorder.
e. Subsequent to this Agreement and prior to completion of annexation proceedings all
deeds to the Property shall contain the following consent to annexation and waiver:
"The Grantee hereby covenants and agrees that acceptance of this deed does
constitute a waiver of the statutory right of protest against any annexation
procedure initiated by the City of Bozeman with respect to the property
described herein. Grantee also agrees that acceptance of a deed constitutes
an obligation on the part of Grantee to initiate annexation procedures per the
Petition to Annex on file at the City of Bozeman's Department of Community
Development.
This consent to annexation and waiver shall run with the land and shall forever
be binding upon the Grantee, their transferees, successors and assigns."
7. Indemnification.
a. To the fullest extent permitted by law,Grantees agree to release,defend, indemnify,and
hold harmless the City,its agents,representatives, employees, and officers (collectively
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referred to for purposes of this Section as the City) from and against any and all claims,
demands, actions, fees and costs (including attorney's fees and the costs and fees of and
expert witness and consultants), losses, expenses, liabilities (including liability where
activity is inherently or intrinsically dangerous) or damages of whatever kind or nature
connected therewith and without limit and without regard to the cause or causes thereof
or the negligence of any party or parties that may be asserted against,recovered from or
suffered by the City occasioned by, growing or arising out of or resulting from or in any
way related to the connection of Grantees' Property to the City's sanitary sewer system.
b. Grantees waive any and all claims and recourse against the City or its officers, agents
or employees, including the right of contribution for loss or damage to person or
property arising from, growing out of, or in any way connected with or incident to the
performance of this Agreement, including construction activities related to connection
of the Grantees Property to the City's sanitary sewer system except "responsibility for
his own fraud, for willful injury to the person or property of another, or for violation of
law, whether willful or negligent" as per 28-2-702, MCA.
c. Grantees' indemnification shall survive the termination or expiration of this Agreement
for the maximum period allowed under applicable law.
8. Representatives:
a. City's Representative: The City's Representative for the purpose of this Agreement
shall be the City Engineer or such other individual as City shall designate in writing.
Whenever approval or authorization from or communication or submission to City is
required by this Agreement, such communication or submission shall be directed to the
City Engineer as the City's Representative and approvals or authorizations shall be
issued only by such Representative; provided, however, that in exigent circumstances
when City's Representative is not available, Grantees' may direct its communication or
submission to other designated City personnel or agents as listed above and may receive
approvals or authorization from such persons.
b. Grantees' Representative: The Grantees' Representative for the purpose of this
Agreement shall be V Qkw � 61;.-- «, or such other individual as the Grantees
shall designate in writing. Whenever direction to or communication with Grantees is
required by this Agreement, such direction or communication shall be directed to
Grantees' Representative; provided, however, that in exigent circumstances when
Grantees' Representative is not available, City may direct its direction or
communication to other designated Owner personnel or agents.
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9. Disconnection of Sewer and Water Connection for Failure to Annex and Pav Fees.
Grantees recognize connection to the City's sanitary sewer system and water system as
authorized pursuant to this Agreement is specifically conditioned upon completion of the
annexation process and the payment of applicable impact fees at the time of annexation.
Failure of the Grantees to complete the annexation process or pay any applicable fee or
assessment due at the time of annexation will result in disconnection of the Grantees'
Property from the City's sanitary sewer and water systems. The City hereby retains the
right to revoke sanitary sewer and water services to the herein described property in the
event these conditions are not met by the property owner or the heirs, successors,
administrators, executors, personal representatives and assigns of the property owner.
Grantees release the City from any claim resulting from the City's disconnection of
Grantees' Property based upon the Grantees' failure to comply with requirements of this
Agreement and the disconnection of Grantees' Property from the City's sanitary sewer and
water systems.
10. Notice of Consent to Annexation.
The Grantees authorize the City to record a notice of consent to annexation with the office
of the Gallatin County Clerk and Recorder and that Grantees pay all cost of such recording.
The notice of consent to annexation is attached to this Agreement as Exhibit A and made
part of this Agreement.
11. Miscellaneous.
a. If any portion of this Agreement is held to be void or unenforceable,the balance thereof
shall continue in effect.
b. The parties agree that this Agreement is governed in all respects by the laws of the State
of Montana.
c. This Agreement is binding upon and inures to the benefit of the heirs, legal
representatives, successors, and assigns of the parties.
d. This Agreement is for the exclusive benefit of the parties, does not constitute a third-
party beneficiary agreement, and may not be relied upon or enforced by a third party.
e. This Agreement may be executed in counterparts, which together constitute one
instrument.
f. This Agreement and all Exhibits attached hereto constitute the entire agreement of the
parties. Covenants or representations not contained therein or made a part thereof by
reference, are not binding upon the parties. There are no understandings between the
parties other than as set forth in this Agreement. All communications, either verbal or
written, made prior to the date of this Agreement are hereby abrogated and withdrawn
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unless specifically made a part of this Agreement by reference.
049 END OF AGREEMENT EXCEPT FOR SIGNATURES#####
LANDOWNER
Tanner J Skelton
t
On this 5 day of N0UI;KAJe)e!2- ,2019, before me the undersigned, a Notary Public
for the State of Montana,personally appeared Tanner J. Skelton,whose name is subscribed to the
within instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
Notary lic Mthe State of Montana
(SEAL) Printed Notar Name 17-IIN V PE'��
Residing at Montana.
BRITTANY A PETERS My Commission expires: NW: CA/\, 1� ZO Z3
.g;-oT„H ► NOTARY PUBLIC for the !
s ':_ STATE OF MONTANA inResiding Bozcman,Montana
Commission Expires
March 17,2023
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Ck IVNV CA;k LANDOWNER
Va s on
fi
On this S day of NUJ E"J� � , 2019, before me the undersigned, a Notary Public
for the State of Montana, personally appeared Vanessa E. Skelton, whose name is subscribed to
the within instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
h'i /\I——��) —
Notary bl c b e State of Monta
(SEAL) Prij'id t Notary Name 6
Residing at ��� >Montana.
f, BRIITANYA PETERS My Commission expires: ��J CA, �'�T�?
i(-,01AP40 NOTARY PUBLIC for the
s� - STATE OF MONTANA
Residingm Bozeman,Montana
Mion ices
\` March 17,20 3
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D '(YM'(�0,nol CITY OF BOZEMAN
By: Andrea Surratt City Manager
On this day of �p��c(�b�x , 2019, before me the undersigned, a Notary Public
for the State of Montana,personally appeared Andrea Surratt known to me to be the Bozeman
City Manager,whose name is subscribed to the within instrument and acknowledged to me that
she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day,
month, and year in this certificate first above written.
4N,atv S
Public for the State of Montana
(SE 7Residin�g
o e
,,.' P,NEMy, KAl°HERINE MAINES at Montana.
Notary Public _
for the State of Montana ymmission expires:
_ Residing at:
SEAL."*;QBelgrade, Montana
0F•eno&AY� My Commission Expires:
July 22,2020
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