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HomeMy WebLinkAbout15- The Lakes at Valley West, Bozeman, LLC Lift Station Agreement J-572 OCT 201�� LIFT STATION AGREEMENT x This Agreement is entered into this ;' day of ,, ,;, , 20,: , by and between The Lakes at Valley West, Bozeman, LLC 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 The Lakes at Valley West, Bozeman, LLC is the owner of real property annexed into the City of Bozeman, more particularly known as_Tract 1 of Certificate of Survey No. 1005B and Tract 2A of Certificate of Survey 1005C ; WHEREAS as part of the Preliminary Plat Review for The Lakes at Valley West , Findings of Facts and Conclusions of Law dated June 1 2015 , condition no. 33 , page 13 provides for the following: The property owners shall be responsible for a sewer surcharge for financing the costs of operation and maintenance of the sewage lift station. a WHEREAS, The Lakes at Valley West, Bozeman, LLC has simultaneously herewith submitted to the City its final plat for approval of NOW, THEREFORE, The Lakes at Valley West, Bozeman, LLC hereby agrees as follows: 1. That it and all its successors and assigns shall pay any surcharges assessed by the City necessary to cover the costs of operating and maintaining the lift station on property currently owned by_the City of Bozeman located approximately at the intersection of West Oak Street and Laurel Parkway hereby agrees that the City may apply a surcharge to any owners of property within the entirety PLATTED tf' 2527602 9 f 3 10/14/2016 01:19:39 PM Fee: $21.00 Charlotte Mills - Gallatin County, MT MISC (II�III�IIIIII I"IIII IIIIII IIIIII III III IIIII(IIIIIIII IIIIIII I�I IIIIIIIII I��II III II'I Y of_The Lakes at Valley West Phase 1 and 2 which utilize the above- described sewer lift station. 2. This agreement shall apply to the heirs, successors, and assigns of The Lakes at Valley West,Bozeman, LLC 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. WHEREAS, has set its hand and seal this day of ' :w5` , 20 �, . NAME: The Lakes at Valley West,Bozeman, LLC BY: '` Ja es M. Kilday, Authorized Representa e : I t I. i C' G i F is I. STATE OF MONTANA ) ss. COUNTY OF GALLATIN ) On this ` day of fi us t , 20 Is , before me, a Notary Public for the State of Montana,personally appeared I ,o. 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 as A thorized Representative, for the purpose herein contained ' I I i IN WITNESS WHEREOF, I have hereuntg-set my hand and affixed my official E seal the day and year first above written. - - f �—N`6tary Public for t o'State of Montana Notary , Ef Printed Name t _ ®` '`fir € r4, `for ti,t State of Montana Residing at.Residing at� vst E e 0 4- ��� Belgrade, Mor3tan My Commission explresi y Commission n Expires:OF M � � ' Marcie 26,2 19 A T: ��• ® " ° ` o 1 o o � 4 STATE OF MONTANA ss. COUNTY OF GALLATIN ) pl�v, w. On this $ day of , 20 before me, a NoWa, Public for the State of Montana,personally appeared f , and F. a / ,known to me to be the City Manager and City Clerk for the' ity 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 hereunto set my hand and affixed my official seal the day and year first ove written. HEATHER B IENVU NotR� @ubllo r L) pf Mentan � -for the state nRiq�,m Residing at; z * SEAL ;� E3ozenian, M©ntana 1 �, /Notary Public for the State of Montana � 9., �?: My�pmmisaion 0 pr3 Y OF Mo`�,` January 26� Printed Name: Residing at: Fi My Commission expires: