Developer Extension AgreementDEVELOPER EXTENSION AGREEMENT
This Agreement, made and entered into thisI of -ty- day
of .j„h e ,1q8 by and between the City of Kalispell,
hereinafter referred to as "City", and LMJ Enterprises, A Montana
general partnership, hereinafter referred to as "Developer".
WITNESSETH:
WHEREAS, it is to the mutual benefit of the City and the
Developer to provide an extended sewer main and an extended water
main for property owned by the Developer as described in Exhibit
"A" attached hereto and incorporated herein by this reference;
and,
WHEREAS, the parties to this agreement desire to provide for
the collection of the expenses and costs of the extended sewer
main and the extended water main.
NOW THEREFORE, in consideration of the mutual covenants
herein contained, the parties to this agreement do hereby agree
as follows:
DEFINITIONS
1. "Agreement" shall mean this Developer Extension
Agreement.
2. Design area shall mean and include those parcels of land
shown on Exhibits "B", "C" and "D" attached hereto and
incorporated herein by this reference.
3. "Extended Sewer Main" shall mean that sewer main and
appurtenances extending from the existing sewer main located in
Buffalo Head Addition number 94 beginning at the existing manhole
between lots 7 and 9 adjacent to Ponderosa Stree "E" in Buffalo
Head Addition number 94, to the end of the new sewer extension as
shown on Exhibits "B" and "C".
4. "Gravity Service Area" shall mean the parcels of land
that are to be served by the Extended Sewer Main as shown on
Exhibit "B".
5. "Lift Service Area" as shown on Exhibit "C", shall mean
the parcels of land that would contribute sewage to the Extended
Sewer Main via a tentative lift station and force main. Said
lift station and force main are not included in this agreement.
6. "Extended Water Main" shall mean that water main and
appurtenances extending from the existing water main located
nearest tract 5 ABH on Grandview Drive, to the end of the new
water extension as shown on Exhibit "D"'.
7. "Water Service Area" shall mean the parcels of land that
are to be served by the Extended Water Main as shown on Exhibit
11P.
8. "Late -Comer" shall mean the entity connecting to the
Extended Sewer Main or the Extended Water Main or who contributes
sewage to the Extended Sewer Main or who receives water from the
Extended Water Main and who did not share in the initial cost of
the Extended Sewer Main or the Extended Water Main.
9. "Initial Cost" shall mean and include all costs related
to the installation of the Extended Sewer Main and the Extended
Water Main which shall consist of the design and inspection fees
and the construction costs.
10. "Entity" shall mean an owners specific parcel of land
shown on Exhibits "B", "C" and "D" attached and it shall mean the
owner of each dwelling unit.
11. "Escrow Agent" shall mean Northwest Bank of Kalispell,
Mt., 301 First Avenue East, Kalispell, Mt., 59901, whereto the
Late -Comer pays the stipulated fee and from which dispursement is
made to the Developer.
PERIOD OF AGREEMENT
The Agreement shall be in effect for a period of fifteen
(15) years after completion of the Extended Sewer Main and the
Extended Water Main. The date of completion is hereby
established as May 31, 1984. Therefore, the termination date
shall be May 31, 1999. Upon the termination of this agreement
the Developer shall not be entitled to any further Late -Comer
fees.
During the period of this Agreement, the City shall have the
right•to allow other Entities outside of the service areas shown
on Exhibits "B", "C" and "D" to connect to the Extended Sewer
Main and to the Extended Water Main without payment of any fee to
the Developer.
The Developer shall pay an initial cost of constructing the
Extended Sewer Main and the Extended Water Main. The initial
cost is herein established as follows:
Extended Sewer Main:
Design and Inspection Fees $ 3,151.01
Construction Costs $ 30,398.78
Total Extended Sewer Main $ 33,549.79
Extended Water Main:
Design and Inspection Fees $ 3,151.01
Construction Costs $ 34,279.47
Total Extended Water Main $ 37,430.48
GUARANTEE AND MAINTENANCE
The City shall maintain the acceptably constructed Extended
Sewer Main and Extended Water Main. However, the Developer shall
replace or repair any defect in material or workmanship for a
period -of one (1) year after the foregoing completion date.
CITY FEES
The City shall receive payment for establishing usage and
connecting fees, in accordance with the rate schedule by the
city.
ESTABLISHING OF ESCROW AGENT
The Developer shall pay all costs in establishing and
maintaining the escrow account.
Tract Area in Acres Established Fee
Ridgeview Subdivision Lots:
Lot
1
.3600
190.9593
Lot
2
.3100
164.4371
Lot
3
.5700
302.3521
Lot
4
4.4900
2,381.6862
Lot
5
.6900
366.0052
Lot
6
.6600
350.0920
Lot
7
.6400
339.4831
Lot
8
.5070
268.9343
Lot
9
.3120
165.4980
Lot
10
.2820
149.5847
Lot
11
.4300
228.0902
Lot
12
.7650
405.7884
Lot
13
.3860
204.7508
Lot
14
.3440
182.4722
Lot
15
.4960
263.0994
Subtotal (Gravity
Service Area) 44.0587 Acres
Lift Service Area:
23,370.6010
5CA .5000 265.2212
5CB 1.1900 631.2264
5E 17.5000 9282.7414
Subtotal 19.1900 Acres 10,179.1890
(Lift Service Area)
Totals 63.2487 Acres 33,549.7900
LATE-COMER'S FEE TO DEVELOPER
With the exception of tracts 5A and 5AG and Lot 10,
Ridgeview Subdivision, which are lots owned by the Developer and
were the cause of the Extended Sewer Main and Extended Water
Main, the City shall not issue any permits for connection to the
Extended Sewer Main or the Extended Water Main or any connection
which will contribute to the Extended Sewer Main or receive water
from the Extended Water Main, to an Entity, unless said Entity
pays to the Escrow Agent all initial fees established herein,
plus interest, and said Entity presents said receipt from the
Escrow Agent to the City at the time the Entity makes application
for permit to connect, nor will the city allow any properties in
the Gravity Service Area, Lift Service Area or Water Service Area
to be connected without paying the Late-Comer's Fee included
herein.
Extended Sewer Main
Total Service Area: 63.2487
Total Cost: $33,549.790
Cost Per Acre: $530.4424
Tract
Area in Acres
Established Fee
Gravity Service Area:
3B (1/3)
6.6767
$ 3,541.6045
3F
.0400
21.2177
3G
2.0000
1,060.8847
5A
.8400
445.5716
5AA
5.0000
2,652.2118
5AE
13.2200
7,012.4481
5AG
1.0600
562.2689
5C (2/3)
3.9800
2,111.1606
Extended Water Main
Total Service Area: 26.180 Acres
Total Cost: $37,430.480
Cost Per Acre: $1,429.736
Tract
Area in Acres
Established Fee
5A
.840
$ 1,200.978
5ABA
4.000
5,718.943
5ABAA
.280
400.326
5ABD
2.000
2,859.471
5AG
1.060
1,515.520
5CA
.500
714.868
5E
17.500
25,020.374
Totals
26.180 Acres $37,430.480
The above established fees shall be increased thirteen
percent (13%) on each twelve (12) month anniversary date of this
Agreement.
IN WITNESS WHEREOF the parties hereto have executed this
Ni. CIE '��-., Agreement the day and the year first above written.
CITY OF KALISPELL
Ak
r, ATTEST:
LMJ Enterprises, a Montana General
Partnership
+Jogan gers Mary Belle Rogers John L. Rogers
STATE OF MONTANA )
: ss
County of Flathead )
On this day of 1984, before me, the undersigned, a
Notary Public for the State of ontana, personally appeared J. Logan Rogers, Mary
Belle Rogers and John L. Rogers, known to me to be the persons whose names are
subscribed to the foregoing instrument, and acknowledged to me that they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal the day and year first above written.
Notary Public for the State of Montana
Residing at Kalispell, Montana
My Commission Expires T-9—�_
p'` 7 AL
.9iar /.!/Il Eh;i ✓irl/ u� frx/li•/sr/>!/
•II II!(�llYl, • •//(I)/ICIII// JAW//
(/06) .ISJ• .944 i
UPDATE
CT-6 300
STATE OF MONTANA )
ss.
County of Flathead )
At the request of Marquardt Surveying, Citizen's Title & Escrow
Company has searched its tract indices of county records as to the
following property in Flathead County, Montana, to be known as:
GRANDVIEW TOW iOUSES .
The above described subdivision is located in the following described
property:
That portion of Goverro)ent Lot 8, Section 6, Township 28 North, Range 21
West, Flathead County, Montana described as follows:
Coma--ncing at the Center Quarter corner of Section 6; thence along the
South line of the Northwest Quarter, Section 6
South 89°22'17" West 39.90 feet to a point on the Westerly line of
Grandview Lane at the Point of Beginning; thence along the Westerly
line of the road '
North 12°10'16" East 109.89 feet to the beginning of a 457.72 foot
radius curve to the left and Northerly along the curve thzu a
central an ie of 25 ° 29' 2.4" 203.63 feet; thence
South 8903214711 West 265.36 feet; thence
South 309.95 feet to the South line of the Northwest Quarter; thence
along the South line
North 89022'17" East 244.22 feet to the Point of Beginning..
As of Septembser 9, 1983, at 12:54 P.M., we find the last deed of
of records runs to: L.M.J. Enterprises, a Montana general partnership
We have also search our general index_ for Judgments. and Income Tax
Liens against the above named parties and as of the above date we find:
NONE.
Continued ....
CT-6300
GRkNDVIEW I�0QNHOUSIS
Page 2
We further find no liens, mortgages or claimants of record except
as follows:
1. General and special coizity taxes for the year 1983, a lien not yet
payable.
NOTE: General and special county taxes for the year 1982 and all prior
years have been paid in full.
3. Reservations in Patent.
4. The above described property is located within and subject to the
jurisdiction of the West Valley Fire District.
5. Right of Ashley Lake Irrigation District for right of way and
easement to convey water across the same, and floodage rights in
connection therewith, recorded July 15, 1904 in Book 64, Page 563,
records of Flathead County, Montana.
6. Agreement by and between John W. Bishop and Manerva Bishop, husband
and wife and W. N. Noffsinger, recorded September 22, 1909 in Book 90,
Page 466, records of Flathead County, Montana, for water system and pipe
line over the property of both parties.
7. Affects of that certain Deed for a Water Plat and system, with
pipelines over and across Lot 8 and other property, as recorded December
31, 1957 in Book 399, Page 469, records of Flathead County, Montana.
8. An Easement as set forth in an instrument
IN FAVOR OF Pacific Power & Light
FOR electric'transmission and distribution lines
RECORDED December 5, 1979 in Book 682, Page 844 as Doc.
No. 18574, records of Flathead County, Montana.
9. Grading Agreement dated June 24, 1982 between J. Logan Rogers and
Guy E. Maycumber, recorded March 31, 1983 in Book 765, Page 301, records
of,Flathead County, Montana.
Liability hereunder limited to amount paid for this report.
Fee: $50.00
Subscribed and sworn to before me this 12th day of September, 1983.
Nptary is for Stare of Montana
Residing atQ
My Ccumissi�xpired Id--iy-P�
STATE OF MONTANA )
: ss
County of Flathead )
On this — day of 1984, before me, a Notary Public in and
for the State of Montana, ersonally appeared LeRoy E. McDowell and Marjorie
Giermann, known to me to be the Mayor and City Clerk of the City of Kalispell, a
municipality, that executed the within instrument, and acknowledged that such Mayor
and City Clerk respectively subscribed, sealed and delivered said instrument as the
free and voluntary act of said municipality, for the uses and purposes therein
setforth, and that they were duly authorized to execute the same on behalf of said
municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial
Seal, the day and year first above written.
=;- Notary Public fort e State of Montana
t AtTah �� J Residing at Kalispell, Montana
•.' ,ffi. My Commission Expires
. r..
n
EXHIBIT "A" CONTINUED
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Flathead County, Kalispell, Montana.
'----,
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