Green Acres Developer Extension AgreementHOK 726 PAcE 000
DEVELOPER EXTENSION AGREEMENT
THIS AGREEIIENT, made and entered into this (/ day of July,
1981, by and between the CITY OF KALISPELL, hereinafter referred to
as "CITY", and MARK III, INC., a Montana Corporation, hereinafter
referred to as "DEVELOPER":
W I T N E S S E T H:
WHEREAS, it is to the mutual benefit of the CITY and the
to proV
ide for a sewage collection system for properties
owned by the DEVELOPER as described on Exhibit "A" attached 1-lereto
and incorporated herein by this reference; and
WHEREAS, the parties desire to provide for the collection of
the expenses and costs of the system to annexation of the properties.
NOW THEREFORE, in consideration of the mutual covenants herein
contained, the parties do hereby agree as follows:
DEFINITIONS
1. "Extended Plain" means the gravity sewer line and appurten-
ances extending from the existing main near the northeast corner of
Lion's Park to and including a manhole located at the intersection
of Kelly Road and U.S. Highway No. 93.
2. "Pump Station and Force Main" mean the pumping station,
i-ncl.uding all equipment and components initially installed in
accordance with the CITY OF KALiSPELL requirements, together with
main R..-d appi-irtPn-inces, from the lift station to the
manhole located at the intersection of Kelly Road and U.S. Highway
No. 93.
3. "Late -comer" shall mean an entity connecting to the
"Extended ",lain" or who contributes sewage into the "Pump Station and
Force Plain" who did not share in the initial cost of the "Extended
Main" or the "Pump Station and Force Plain" and located outside the
boundaries of Greenacres West Unit No. 4 Subdivision.
4. "Initial Costs" shall include all costs related to the
installation of the "Extended Main" and the "Pump Station and Force
Main", together with the installation costs which shall consist of the
design fees, construction costs and construction inspection fees
related to the "Extended Main" and the "Pump Station and Force Main".
5. "Agreement" shall mean this Developer Extension Agreement.
6. "Design Area" shall include those Parcels of land shown
on Exhibit "B" attached hereto and incorporated herein by this
reference, for the "Extended Plain", and for the first 129 connections
hilt
c�_-ntributc f-Ic-A, to thle "Pu:n C_ t 4 F and 1'orce
connection shall be considered as one dwelling or a facility which
contributes 400 gallons per day, or less, to the "Pump Station and
Force "lain".
7. "Entity" shall mean an owner's specific parcel of land
shown on Exhibit "B" attached, when related to the "Extended ?lain"
and it shall mean the owner of each dwelling unit, or equivalent
flow unit, when related to the "Pump Station and Force Plain". An
equivalent flow for other than a dwelling unit shall be 400 gallons
per day as determined -by the Montana State Department of Health
standards.
8. "Escrow Agent" shall mean the First Northwestern National
Bank, 201 I?irst Avenue East, Kalispell, Montana 59901, whereto the
"Late --comer" pays the stipulated fee and from which disbursement is
made to the DEVELOPER.
PERIOD OF AGREEMENT A14D OWNERSHIP
This Agreement shall be in effect for a period of ten (10)
years after completion of both the Extended Main and the Pump Station
and Force Main. The date of completion is hereby established as
198 f therefore the termination date shall be
199_L. During the period of this Agreement, the
*DEVELOPER shall maintain ownership of the facilities addressed in this
Agreement. On the termination date of this Agreement, said facilities
shall become the property of the CITY.
INITIAL COST
The DEVELOPER shall pay all initial costs of constructing the
Extended Plain and the Pump Station and Force Main. The initial costs
are herein established as follows:
Extended I -lain:
Design Fees 2,825.00
Construction Fees $ 16,345.00
Inspection Fees $ 1,500.00
Total Extended Main $ 20A670.00
Pumas Station and Force Main:
Design Fees $ 63800.00
Construction Fees $ 61,800.00
Inspection Fees $ 5,000.00
Total Pump Station and Force Main $ 73,600.00
GUARANTEE AND MAINTENANCE
The CITY shall maintain the acceptably Extended Main and Pump
Station and Force 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.
rTTV PPRq
The CITY shall receive payment for establishing usage and
connection fees,in accordance with the CITY'S rate schedule, for the
Extended main portion of the Agreement.
The CITY shall receive payment for all established connection
fees, in accordance with the CITY'S rate schedule, for entities served
by the Pump Station and Force Main. The DEVELOPER shall pay the CITY
for the sewage received by the CITY from the Pump Station and Force
Main, with the volume being determined by the hour meter readings of
each motor, times the rated capacity of the pumps at a measured total
dynamic head. The usage rate to be the same as the rate charged by
the CITY for the first 20,000 gallons of bi-monthly usage for those
customers outside the City limits.
ESTABLISHING OF ESCROW AGENT
The DEVELOPER shall pay all the costs in establishing and
maintaining the Escrow Account.
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LATE-COMER'S FEE TO DEVELOPER
The CITY shall not issue any permits for connection to the
Extended Main or any connection which will contribute flow to the
Pump Station and Force Main, to an entity, unless said entity pays
to the Escrow Agent all fees established herein, and presents said
receipt from the Escrow Agent to the CITY at the time the entity
makes a ' pplication for permit to connect. Fees established herein
shall be as follows:
Extended 1-lain:
Total Design Area is 9.72 acres
Total Costs of Extended Main is $20,670.00
Cost per acre is $ 2,126.54
Tract
Area (Ac)
Established Fee
8
1.00
$
21.126.54
8G
0.70
$
1,488.58
80B
0.06
$
127.59
80A
0.26
$
552.90
80AA
0.74
$
1,573.64
8CA
1.33
$
2,328.30
8C
0.87
$
1,850.09
8CBA
1.01
$
22147.81
2,7,,AJA
1.13
$
2,402.99
2AAK
1.42
$
3,019.69
2AAG
0.14
$
297.72
2AAF
0.73
$
1,552.37
2AAEA
0.11
$
233.92
2AAD
0.22
$
467.84
TOTALS 9.72 $ 20,670.00
The above fees shall be increased by ten percent (10%) on
each twelve (12) month annivers,ry date of this Agreement.
PUMPSTATIONAND FORCE MAIN,
Total Design Area 129+54=183 D/U
Total Cost of Pump Station
and Force Main $ 73., 600, 00
Cost per Dwelling Unit $ 402.19
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PROPERTY ENCUMBRANCE
When properties within the City of Kalispell are assessed for
improvements, modification and/or enlargement of the City sewerage
system, the properties shown on the final plat of Greenacres West
Unit No. 4, shall be encumbered, for their proportional share of the
assessment. The proportional share shall be based on the ratio of
the metered flow as previously determined herein, divided by the
total volume of flow of wastewater, as recorded at the Wastewater
Treatment Plant.
The DEVELOPER shall file the necessary documents with the Flat-
head County Clerk and Recorder to encumber said property.
ANNEXATION AND WAIVER OF RIGHT
No entity shall be allowed to connect to the Extended Main un-
til the entity has annexed to the CITY the property to be served.
No entity shall be allowed to contribute flow to the Pump Sta-
tion and Force Main until the entity owner has furnished a waiver
of the right to protest annexation of the entity to the City and
waived the right to protest the creation of a Special Improvement
District including said entity for the purpose of installing a water
system which will meet CITY standards for fire protection. The en-
tity owner must also agree to share in the cost of assessments made
by the CITY to the DEVELOPER on the same basis established for the
Greenacres West Unit No. 4 Subdivision.
The DEVELOPER hereby waives the right to protest annexation to
the City of Kalispell of all the lots in Greenacres West Unit No. 4
Subdivision and those parcels of land shown on Certificate of Sur-
vey No. 6261 in the records of the Flathead County Clerk and Recorder,
Flathead County, Montana. This waiver shall attach to said lots and
parcels of land and is binding upon the heirs, devisees and assigns
of the said DEVELOPER. If and when said lots and parcels are an-
nexed to the City of Kalispell, the then owners thereof shall each
pay to the CITY upon demand their proportionate share of any costs
of such annexation procedures.
IN WITNESS WHEREOF the parties hereto have executed this Agree-
ment the day and year first above written.
CITY OF KALISPELL
I In
By:
Norma E. Happ, Mayor
ATTEST:
J
Marjorie Giermann, City Clerk
MARK III, INC., a Montana Corporation
7
resident
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STATE OF MONTANA
)_ ss.
County of Flathead
On this day of 1981, before me, the under-
signed Notary Public for the State of Montana, personally appeared
DEAN MARQUARDT, known to me to be the President of MARK III, INC.,
and , F>- ,,_ , known to me to be the Secretary of MARK
III, INC., the corporation whose name is subscribed to the within
instrument, and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal the day and year in this certificate above written.
SEWZ)
V�
STATE OF MONTANA
ss.
County of Flathead )
-h'L
Notary Public for the State of Montana
Residing at Kalispell, Montana
My Commission expires: , -/ ,
Y
On this day of
1981, before me, the under-
signed Notary Public for the State Montana, personally appeared
NORMA E. HAPP, known to me to be the Mayor of the City of Kalispell,
and MARJORIE GIERMANN, known to me to be the City Clerk of the City
of Kalispell, on behalf of the City of Kalispell whose name is sub -
within instrument, and acknowledged to me that the
ell .executed the same.
-N-o-Eat7v Public for the State �Montana
ResicYring at Kalispell, Montana
4�
My Commission expires:
4
A
Greenacres West #4 and Assessor's
Tracts 70H
70G
70GA
in Section 20, Township 28 North, Range 21 West, Flathead County,
Montana.
- 5 -
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