HomeMy WebLinkAbout07- Loyal Gardens Subdivision Lift Station Agreement
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LIFT STATION AGREEMENT
This A!,'Teement is entered into this
c
day of .Jll j Y
,2007, by and
between Covenant Investments Ine. .' P.O. Box 11428, Bozeman, MT 59719,
hereinafter referred to as Owner
and the CITY OF BOZEMAN, a municipal
corporation of the State of Montana, of P.O. Box 1230, Bozeman, Montana 59771, herein after
referred to as "the City."
WHEREAS Covenant Investments Ine.
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. ~_,
page ~ provides for the following:
The property owners dependent on the sewage lift station shall be responsible for tinancing 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 tiled with the tinal plat and shall apply to all heirs,
successors, and assigns. The a!,'Teement 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 IB
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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Charlotte Mills-Gallatin Co MTMISC 21.00
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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 Huftine Lane and Cottonwood Road.
Owner
hereby agrees that the City may apply a surcharge to
any owners of property within the entirety of
Loval Garden Subdivision and any other owners not within Loval Garden
Subdivision which utilize the above-described sewer lift station.
2. This a!:,TTeement shall apply to the heirs, successors, and assigns of Covenant
Investments Inc.
3. In the event it is necessary for any ofthe 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.
WHEREAS, Co~ J;.1I~s set its hand and seal this ~ ft.-'
c
day of 4-' 20-'2!/
NAME: Covenant Investments Inc.
By: DeWin Madill
~
Its:
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BY:
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Ch~rlotte M~lls-G~llatin ~? MTMISC
21.121121
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STATE OF MONTANA
: ss.
COUNTY OF GALLATIN )
On this _l i day of
Notary Public for the State of Montana, per lally appeared . I
known to me to be the person whose nameis subscribed to t?f within instrument, an.d_....L _ _ -1
acknowledged to me that he/she executed the same as "ft.t.JI'M rR G~ ~~ft'UIt.1( oS
for the purpose herein contained.
IN WITNESS WHEREOF, I have h
seal the day and year first above written.
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c:rrY of"' "BoZe:M.AW
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STATE OF MONTANA ) 'I f ,\~" : I
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COUNTY OF GALLAT)~ ~ l. \, p..;.,.. ",,-_.\0 / A" "
On this J...:)rv-. day of ' ('~"'...,..JO~aetore me"
a N(1JfrM:~or the State Montana, persona appeared' ~f/!:ttK..I11fj~ '
and known to me to be the ct';Manager and City
Cler or the City of Bozeman and the ersons whose nanles are subscribed to the within
instrument, and acknowledged to me that they executed the Sanle for and on behalf of the
City of Bozeman.
IN WITNESS WHEREOF, I have hereunto set my han nd affixed my official
~f.'t~lJ.IW1'<'1&})d year first above written.
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Charlotte Mills-Gallatin Co MTMISC
21.00