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Home My WebLink AboutResolutions 5631 - Resolution Title Unknown Docusign Envelope ID:06CB8B6C-8725-4D1 2-9 1 08-85779BOA6ACB 2843200 Page: 1 of 6 01/21/2025 01:36:52 PM Fee: $48.00 Eric��Semerad — Gallatin County MT MISc Return to: �� IIIIIII 1111111111111111 IN City of Bozeman City Clerk PO Box 1230 Bozeman, MT 59771-1230 j• �� "� � RESOLUTION 5631 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RECOGNIZING AND REESTABLISHING THE MEADOW CREEK SANITARY SEWER IMPROVEMENTS PAYBACK DISTRICT AND EXTENDING THE TERMS OF THE MEADOW CREEK SUBDIVISION PAYBACK AGREEMENT FOR SANITARY SEWER IMPROVEMENTS,AS AMENDED. WHEREAS, the City of Bozeman on February 25, 2008, entered into the Meadow Creek Subdivision Payback Agreement for Sanitary Sewer Improvements with Meadow Creek Partners, LLC and filed with the Gallatin County Clerk and Recorder as document number 2293493 ("Sanitary Sewer Payback Agreement"), thereby establishing the Meadow Creek Sanitary Sewer Improvements Payback District("the District"); and WHEREAS, on October 29,2010,Meadow Creek Partners,LLC assigned all of its rights, title, and interest in the Sanitary Sewer Payback Agreement to MCCAPITAL, LLC ("MCC") by the Amendment to Meadow Creek Subdivision Payback Agreement for Sanitary Sewer Improvements, filed with the Gallatin County Clerk and Recorder as document number 2374743 (together with the Sanitary Sewer Payback Agreement, the "Amended Sanitary Sewer Payback Agreement"); and WHEREAS, on November 3, 2022, MCC submitted a request to extend the Sanitary Sewer Payback Agreement for a period of twenty(20)years from the original expiration date; and WHEREAS, the City of Bozeman agrees the City and the properties listed in the Sanitary Sewer Payback Agreement have and continue to benefit from the sewer improvements described in the Sanitary Sewer Payback Agreement, and an extension of the same would allow MCC the possibility of a reasonable recovery under the Sanitary Sewer Payback Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman, Montana: Section 1 Re-Establishment of District. The Commission hereby recognizes the District established in 2008 and hereby reestablishes the same by this resolution. The District boundary remains 2843200 Page 2 of 6 01/21/2025 01.36.52 PM Docusign Envelope ID:06CB8B6C-8725-4D12-9108-85779BOA6ACB unchanged as the boundary was previously described in Exhibit A and Exhibit B of the original 2008 Sanitary Sewer Payback Agreement. Section 2 Extension and Term of Payback District and the Amended Sanitary Sewer Payback Agreement. The District and the Amended Sanitary Sewer Payback Agreement shall continue until MCC has recovered eighty-five and thirty-four hundredths percent(85.34%)of the total"as- built" construction costs provided in Exhibit B of the 2008 Sanitary Sewer Payback Agreement, or upon expiration of the payback agreement, whichever is earlier, which by this 2nd Amended Agreement is hereby extended for a period of twenty (20) years from the original date of expiration, extending the Agreement to February 25, 2048. The Commission hereby adopts the 2nd Amendment to the Meadow Creek Subdivision Payback Agreement for Sanitary Sewer Improvements, attached as Exhibit A; Section 3 Notice of Payback Costs/Timing of Payback. Current owners of the undeveloped benefitted properties included on Exhibit B are hereby noticed that the District and the Sanitary Sewer Payback Agreement are reestablished and extended as described in Sections 1 and 2 of this Resolution with all original costs and payback terms remaining unchanged. Benefitted properties must be given credit for any previous payments made pursuant to the Amended Sanitary Sewer Payback Agreement. Section 4 2843200 Page 3 of 6 01/21/2025 013&52 PM Docusign Envelope ID:06CB8B6C-8725-4D12-9108-85779BOA6ACB Recording. The City Clerk is instructed to record this Resolution in the records of the Gallatin County Clerk and Recorder. PASSED,ADOPTED,AND APPROVED by the City Commission of the City of Bozeman,Montana, at a regular session thereof held on the with day of December , 2024. [DocuSigncd by: n bw-wqtam OF83C003A13F47F... Signed by: TERRY CUNNINGRAM `¢"6"-�- Docusigned by. {`1 rv'\ Mayor ATTEST: =� Cltil iLt' MIKE MAAS City Clerk Signed by: APPROVED AS TO FORM: Eza- 4 �AVAIA, A7fio9 IAC9ACA4.4B... GREG SULLIVAN City Attorney 2843200 Page 4 of 6 01/21/2025 013&52 PM Docusign Envelope ID:06CB8B6C-8725-4D12-9108-85779BOA6ACB After recordin ,please return to: Gallik&Bre er P.C. 777 East in,Suite 203 Bozema ,Montana 59715 2nd AMENDMENT TO MEADOW CREEK SUBDIVISION PAYBACK AGREEMENT FOR SANITARY SEWER IMPROVEMENTS THIS AGREEMENT,made and entered into this 17th day of December 20245 by and between the CITY OF BOZEMAN, a municipal corporation, organized under its Charter and the laws of the State of Montana("City)",and MCCAPITAL,LLC("MCC"). WHEREAS, the City of Bozeman on February 25, 2008, entered into the Meadow Creek Subdivision Payback Agreement for Sanitary Sewer Improvements with Meadow Creels Partners, LLC and filed with the Gallatin County Clerk and Recorder as document number 2293493 ("Sanitary Sewer Payback Agreement"), thereby establishing the Meadow Creek Sanitary Sewer Payback District(the "District"); and WHEREAS, on October 29,2010,Meadow Creek Partners,LLC assigned all of its rights, title, and interest in the Sanitary Sewer Payback Agreement to MCC by the Amendment to Meadow Creek Subdivision Payback Agreement for Sanitary Sewer Improvements, filed with the Gallatin County Clerk and Recorder as document number 2374743 (together with the Sanitary Sewer Payback Agreement, the"Amended Sanitary Sewer Payback Agreement"); and WHEREAS, on November 3, 2022, MCC submitted a request for a twenty (20) year extension of the Amended Sanitary Sewer Payback Agreement; and WHEREAS, notice of this 2nd Amended Agreement was mailed to the current owners of undeveloped benefitted property within the established District boundaries and a public hearing was held by the City Commission on December 17,2024; and WHEREAS, the City of Bozeman has no obligation to extend this agreement but agrees the City and properties within the District have and continue to benefit from the sanitary sewer improvements provided pursuant to the Sanitary Sewer Payback Agreement and that an extension would afford MCC the possibility of a reasonable recovery under the Sanitary Sewer Payback Agreement, the City is receiving 7% of all payback payments as an administrative fee and will 2nd AMENDMENT TO MEADOW CREEK SUBDIVISION PAYBACK AGREEMENT FOR SANITARY SEWER IMPROVEMENTS Pagel of 2 2843200 Page 5 of 6 01/21/2025 01.36.52 PM Docusign Envelope ID:06CB8B6C-8725-4D12-9108-85779BOA6ACB continue to receive the fee on any of the benefitted properties that use such City administrative services, and it is mutually beneficial to the parties to extend the term of the existing agreement. THEREFORE,the undersigned hereto agrees as follows. The District and the Amended Sanitary Sewer Payback Agreement shall continue until MCC has recovered eighty-five and thirty-four hundredths percent (85.34%) of the total "as-built" construction costs provided in Exhibit B of the Sanitary Sewer Payback Agreement, or upon expiration of the payback agreement which by this 2nd Amendment to Meadow Creek Subdivision Payback Agreement for Sanitary Sewer Improvements will be extended for a period of twenty(20) years from the original date of expiration, extending the agreement to February 25, 2048, whichever occurs first; and All remaining terms of the Amended Sanitary Sewer Payback Agreement are not affected by this Amendment and shall continue in operation and effect. IN WITNESS WHEREOF, the parties have executed this instrument the day and year first written above. Signed by: man i, CITY OF BOZEMAN :� �9� Signed C byrr:191'11 � 2p 5098809BD 72... BY: CHUCK WINN ITS: INTERIM CITY MANAGER MCCAPITAL, LLC Do`c'uS�igned�byy: r : BY. MONTE BECK ITS: MANAGER 2nd AMENDMENT TO MEADOW CREEK SUBDIVISION PAYBACK AGREEMENT FOR SANITARY SEWER IMPROVEMENTS Page 2 of 2 2843200 Page 6 of 6 01/21/2025 01.36.52 PM From MCA 1-5-610(7) For certifying a copy of an electronic record: State of Montana County of Gallatin I certify that the foregoing and annexed record entitled Resolution 5631, dated December 17, 2024 and consisting of 5 pages is a true and correct copy of an electronic record printed directly from the electronic file by me on --%a.nuAry Imo. (Signature of notarial officer) (Official stamp) MIKE MAAS ,.�`�,•••••.s�''� Notary Public ao7aRiq�• _for the state of Montana *_ Residing at: Belgrade, Montana My Commission Expires: November B,2025