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Home My WebLink AboutAPPENDIX D - EXHIBIT B - Norton Wastewater Agreement 2020-07-27 WASTEWATER COLLECTION SYSTEM AGREEMENT This Wastewater Collection System Agreement(this"Agreement")is made as of the Effective Date(as defined below),between the City of Bozeman,a Municipal Corporation, Bozeman,Montana,59715 (the "CITY")and Norton Properties,LLC, 63020 NE Lower Meadow, Suite A Bend OR 97702, its successors, heirs,and assigns, referred to herein as the"OWNER". Whereas, OWNER owns or will own approximately 237 acres as annexed to the City of Bozeman and known as the Norton Annexation, as more particularly described on Exhibit"A" attached hereto and incorporated by reference (the PROPERTY); Whereas, OWNER desires to develop the PROPERTY and requires sewer service in order to proceed with such development; Whereas, pursuant to and as identified in the CITY'S 2007 Wastewater Facility Plan (the "PLAN"), sewer services for the PROPERTY are planned to be served from the Baxter Creek Drainage Zone; Whereas,in order to provide sewer service to the PROPERTY,the Baxter Creek Drainage Zone requires a significant amount of infrastructure including without limitation a pump station, force main and gravity main that is estimated to cost more than $13,000,000 for which a funding source as not been fully identified; Whereas, the Cattail Creek Drainage Zone, as identified in the PLAN, can provide sewer service to the PROPERTY as necessary or desirable for the OWNER intended development and use of the PROPERTY; Whereas,the Cattail Creek Drainage Zone has existing capacity;and Whereas, the CITY desires to provide sewer service to the PROPERTY, subject and pursuant to the terms and conditions set forth herein. Now Therefore, in consideration of the foregoing recitals and conditions contained herein,the parties agree as follows: 1. The CITY hereby agrees that, commencing as of the Effective Date, , OWNER may permanently connect the sewer facilities and improvements located or to be located on the PROPERTY,to sewer trunk lines in the Cattail Creek Drainage Zone, which such connection shall include construction of such other improvements and related facilities as may be necessary to do so and shall be at the sole cost and expense of OWNER. The CITY will provide adequate capacity to allow for the PROPERTY to be developed, operated and utilized at densities allowed by zoning in effect as of the date of this Agreement on the PROPERTY. All wastewater - 1 infrastructure to be constructed by the OWNER as set forth herein shall be constructed in accordance with all applicable requirements of the CITY which may include but are not limited to lift stations with CITY standard pumps, backup power and SCADA controls, as determined by the CITY'S Engineering Division. Upon completion of the sewer facilities and improvements on the PROPERTY, the connection to sewer trunk lines in the Cattail Creek Drainage Zone and construction of such other improvements and related facilities to the foregoing(collectively,the "Improvements"), the City shall, at its cost, maintain, repair and replace as necessary the Improvements in good working order and in compliance with all applicable governmental laws, rules and regulations. 2. The CITY shall update the PLAN to address, in part,the impact caused by shifting the wastewater generated from the development of the PROPERTY from the Baxter Creek Drainage Zone to the Cattail Creek Drainage Zone, as set forth herein and related collection system capacity issues associated with the CITY's collections system on the west side of the city. 3. Upon execution of this Agreement, OWNER will pay to the CITY the sum of $50,000,for a total payment of$50,000 (the "Update Fee") which Update Fee shall be applied and utilized by the CITY for the costs and expenses incurred by the CITY in connection with updating the PLAN,as set forth in paragraph 2 above. 4. In consideration for the OWNER'S payment of the Update Fee, the CITY agrees that in no event shall the PROPERTY, or any portion thereof, be located within or subject to a Special Improvement District or similar taxing district related to the construction, use, operation, maintenance, repair or replacement of improvements, the sewer service and connection or any modifications thereto located on or serving or benefiting the Baxter Creek Drainage Zone. OWNER recognizes and agrees the PROPERTY may in the future be subject to a Special Improvement District or similar taxing district related to the construction, use, operation, maintenance, repair or replacement of improvements, the sewer service aP# eei:iReefiea or any modifications thereto located on or serving or benefiting the Cattail Creek Drainage Zone. 5. Nothing contained herein shall be deemed to provide funding for sewer collection system infrastructure to serve the PROPERTY nor to preclude the OWNER from pursuing other funding mechanisms including but not limited to payback districts, impact fees, and private cost share agreements. 6. Each of the parties to this Agreement shall promptly execute and deliver any and all additional papers, documents, and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of its obligations hereunder and to carry out the intent of the parties to this Agreement. 7. This Agreement is effective on the latest date it becomes fully executed by all of the parties hereto(the"Effective Date"). 2 8. By their respective signatures to this Agreement, and the Exhibit(s) attached to this Agreement, each party represents and warrants that its undersigned representative is duly authorized to execute this Agreement. 9. OWNER may freely assign the Agreement without the approval of the City. 10. This Agreement can only be modified or amended in a writing executed by all parties to this Agreement,or their respective assigns or successors in interest. 11. This Agreement, and all duly authorized written modifications thereof, shall be construed in accordance with, and be governed by, the laws of the State of Montana without regard to its conflict of laws provisions. if any dispute arises under this Agreement, the parties agree that the exclusive venue for any such suit shall be in the Montana 18", Judicial District Court,Gallatin County. 12. Any term or provision of this Agreement that is held to be invalid or unenforceable in any court of competent jurisdiction shall not affect the validity or enforceability of the remaining terms and provisions hereof. 13. This Agreement shall not confer any rights or remedies upon any person other than the parties hereto and their respective successors and permitted assigns. 14. This Agreement may be executed in identical counterparts,each of which,when so executed and delivered, shall together constitute but one Agreement. Each of the parties hereto agrees to accept facsimile or digitized (electronic) signatures in lieu of an original signature. [Signature pages follow] 3 IN WITNESS WHEREOF, the parties have caused this Agreement to be made, by their signatures below. THE CITY OF BOZEMAN BY:C-hrirftkt7tsi"; �c j� 4lk�otQl r , �tlrtre.'rOr D� t e..IDrk-S STATE OF MONTANA ) :ss County of Gallatin ) On the 4Q� day off 1UDX6 ,z26",before me,a Notary Public for the State of Montana,personally appeared known to me to be the person described in and who executed the foregoing instrugenl st o>`c e{d3ti f Bozeman,whose name is subscribed to the within instrument an ac owledgted to me Iha she executed the same for and on behalf of said City. IN WITNESS WHEREOF,I have hereunto set my hand and axed my seal on the day and year first written above. KATHERINE MAINES Notary Public for the State of Montana (SEAL) _*: - Residing at: S f-ll. Belgrade, Montana fvy Commission Expires July 22,2016 (Printed Name Here) Notary Public for the State of Montana Residing at 1 r0 My Commission Expires: VT (Use 4 digits for expiration year) 4 c OWNER B KEVI SPENCER, MANAGI G PARTNER,NORTON PROPERTIES, LLC STATE OF MONTANA ) :ss County of Gallatin ) On this Y _ day of .� �' . ,2013,before me a Notary Public of the State of Montana, personally appeared Kevin Spencer,known to me to be the person that executed the foregoing Improvements Agreement,and acknowledged to me that they executed the same for and on behalf of said Subdivider. IN WITNESS WHEREOF, l have hereunto set my hand and affixed my Notarial Seal the day and year first above written OFFICIAL SEAL TERESA SUE ALDRIGH NOTARY PUBLIC—OREGON COMMISSION NO-465147 _ (SEAL) MY COMMISSION EXPIRES FEEIRUARY 11 2016 (Printed Name Here)*T-Q._,-p SCv ' ;ue. May; C h Notary Public for the State of L9 Dn Residing at r-4 n� My Commission Expires: (Use 4 digits for expiration year) 5 EXHIBIT"A" PROPERTY Norton A parcel of land being the SE1/4NW1/4,SW1/4NE1/4,W1/2SE1/4 excluding the Right-of-ways of U.S. Highway 191, E1/2 SW1/4 excluding the Right-of-ways of U.S. Highway 191 of Section 9, T2S, 115E, P.M.,Gallatin County, Montana; ALSO a strip of land 41 feet in width along the west line of the southeast quarter of the southeast quarter(SE1/4SE1/4) excluding the Right-of-ways of U.S.Highway 191 of said Section 9,T2S, R5E, P.M.,Gallatin County, Montana; Said parcel contains 237 acres more or less and is subject to all easements of record or apparent on ground. 6