HomeMy WebLinkAbout07- Lift Station Agreement
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LIFT STATION AGREEMENT
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This Agreement is entered into this t' day of .. ',J
, 2007, by and
between Covenant Investments Inc. ,P.O. Box 11428, Bozeman, MT 59719,
hereinafter referred to as Owner and the CITY OF BOZEMAN, a municipal
corporation ofthe State of Montana, of P.O. Box 1230, Bozeman, Montana 59771, herein after
referred to as "the City."
WHEREAS Covenant Investments Inc.
is the owner of real property annexed into the
City of Bozeman, more particularly known as Loyal Garden Subdivision
WHEREAS as part of the Preliminary Plat Review for Loyal Garden Subdivision
Findings of Facts and Conclusions of Law dated March 26, 2007
, condition no. 22
page ~ provides the for the following:
The property owners dependent on the sewage lift station shall be responsible for financing the
costs of its operation and maintenance, which will be the responsibility of the City. The
applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the
lift station. The agreement shall be filed with the final plat and shall apply to all heirs,
successors, and assigns. The agreement shall be subject to approval by the City Engineer and the
City Attorney.
WHEREAS, Owner
has simultaneously herewith submitted to the
City its final plat for approval of Loyal Garden Subdivision, Phase 1A
NOW, THEREFORE, Owner
hereby agrees as follows:
1. That it and all its successors and assigns shall pay any surcharges assessed by the
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City necessary to cover the costs of operating and maintaining the lift station on
property currently owned by Covenant Investments Inc. located approximately
Southwest of intersection of Huffine Lane and Cottonwood Road.
Owner
hereby agrees that the City may apply a surcharge to
any owners of property within the entirety of
Loyal Garden Subdivision and any other owners not within Loyal Garden
Subdivision which utilize the above-described sewer lift station.
2. This agreement shall apply to the heirs, successors, and assigns of Covenant
Investments Inc.
3. In the event it is necessary for any of the parties hereto to bring any action to
enforce the terms and covenants of this agreement, it is agreed that the prevailing
party shall be entitled to reasonable attorney fees to be set by the Court, including
the salary of the City Attorney or that of a staff attorney.
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WHEREASf.D~Q Yllf.ll::t- >n1}QS.+muJs has set its hand and seal this _
day of ...ApriL, 20~.
NAME: Covenant Investments Inc.
By: DeWin Madill
Its:
t-e>;vtAT
BY:
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STATE OF MONTANA )
: ss.
COUNTY OF GALLATIN )
On this --=t'i-R-- day of A-yJ~\' \ ' 20.QJ., before me, a
Notary Public for the State of Montana, personally appeare~\kl\V\ Mad; \ \
known to me to be the person whose name is subscribed to the within instrument, and
acknowledged to me that he/she executed the same aSYf&Aut\, n\ ~\JQJ/'\lU'\.-\ l..v\\Io$.-hvu..f\."\s
for the purpose herein contained.
IN WITNESS WHEREOF, I have hereu~; s
seal the day and year first above written. /,/
","'111.""" -.. ---''. "'L":: . "" JOHNS
~"'''''''''\\\~N J01'1".", ~......;u,; .1'Ji....
I'~"'" '~v'\ Notary Public
$ ~~OTAR/.<li.<l' '% for t:le State of Montana
~ *: -.- : 1< ~ Residing at:
%~.SEAL".yi ~o"07.;ql1'1an, Montana
~<i:o' .~f" fv!! ::>) ",mission Expires:
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C ~ -kJ MA.,o.,JA.:j-U\
STATE OF MONTANA
z ~
ot ublic r the State of Montana
Printed Name: QQ (frlY'l JDhV)<;
Residing at:Ba~
My Commission expires:
CITY CLERK
ATTE
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: ss.
COUNTY OF GALLAT~)
On this Z z,. day of ,20 tJ1"', before me,
a Notary Public for the State of Montana, personally a eared C ....rrs ~JWS\4",
and ~r: ~ ~V'\ ~o-I-" , known to me to be the City Manager a'i'id City
Clerk for the City of Bozeman and the persons whose names are subscribed to the within
instrument, and acknowledged to me that they executed the same for and on behalf of the
City of Bozeman.
IN WITNESS WHEREOF, I have hereu to set my hand and affixed my official
:\\\\\,,~~~~lr~~/~~ and year first above written.
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