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Home My WebLink About14- Valley Center LLC./5200 Westlake Road Wastewater Collection System Agreement 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 Valley Center, LLC, its successors, heirs, and assigns, referred to herein as the "OWNER" . Whereas , OWNER owns or will own approximately 53.77 acres as annexed to the City of Bozeman and known as 5200 Westlake Road, Bozeman, Montana, 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 f=acility 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 Therefor, 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 puonps, backup power and 5[4D4 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 vvurNnQ order and in compK|ance 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 tothe Cattail Creek Drainage Zone, as sat 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 $50L000, for a total payment of $50,008 (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 2above. 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 nr serving or benefiting the Baxter Creek Drainage Zone. OWNER recognizes and agrees the PROPERTY may in the future be subject toa Special Improvement District or similar iax[mA district related to the construction, use, operation, maintenance, repair or replacement of improvements, the sewer service amA f**+oeftienor 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 ufits obligations hereunder and to carry out the intent of the parties 10 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 ' atures 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 law's provisions. !f any dispute arises under this Agreement, the parties agree that the exclusive venue for any such suit shall be in the Montana I8'� 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 nf 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 10 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. CITY OF BOZEMAN By: Printed: &�k 0�1 Title: V>V& Date: OWNER By: Printed: Bryan Klein Title: Managing Member Date: December 30, 2013 4 EXHIBIT"A" PROPERTY Approximately 53-77 acres at 5200 Westlake Road,Bozeman, Montana,legally described as: Lot 2A of Minor Subdivision No.221E, located in the SWIA of Section 26,Township I South,Range 5 East,P.M.M., Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder,Gallatin County, Montana. 5