Developer's Extension AgreementL"MUT:8030 . i 1111 M MW - -201"M
THIS AGREEMENT, made and entered into this day of
1 19'7?, by and between the CITY OF KALISPELL,
erred to as AND
hereinaf er ref "CITY", and AMERICAN LAND
DEVELOPMENT, INC., hereinafter referred to as "DEVELOPER".
WITNESSETH:
WHEREAS, DEVELOPER is the owner of a certain tract of land
more particularly described as The Willows Unit No. 1, in the
Northwest Quarter, Section 21, Township 28 North, Range 21
West, in Flathead County, Montana, upon which DEVELOPER has
made certain infrastructure improvements in contemplation of
subdividing said property into 87 single family lots, and
WHEREAS, one of the infrastructure improvements constructed by
DEVELOPER consisted of a new sanitary sewer lift station
located on Kelly Road to service said property, and
WHEREAS, at the request of the CITY, DEVELOPER oversized the
lift station to replace a lift station owned and operated by
the CITY which serviced the Greenacres area, and
WHEREAS, DEVELOPER anticipates utilizing approximately 33% of
the lift station capacity, with the CITY anticipating
Greenacres and surrounding areas to eventually utilize the
remaining 67%, and
WHEREAS, the CITY's Extension of Services Plan contemplates a
methodology whereby the CITY may reimburse a developer for
certain infrastructure costs associated with enlarging
existing infrastructure improvements by passing through to the
developer utility connection fees attendant to the
development, and
WHEREAS, DEVELOPER requested that CITY contribute $50,000 in
sewer funds to recover a portion of the cost of the lift
station and allow the DEVELOPER a pass through of the
collection system component of the sewer connection fee up to
a total of $49,503.00, and
WHEREAS, the CITY has determined that said proposal is in
accordance with CITY policy and acceptable to the CITY.
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NOW THEREFORE, in consideration of the mutual covenants herein
contained, the parties do hereby agree as follows:
(1) That the CITY agrees to pay upon execution of this
agreement, to the DEVELOPER the sum of $50,000.00 for and
in consideration of DEVELOPER's oversizing of the
sanitary sewer lift station on Kelly Road to accommodate
the Greenacres area sanitary sewerage flow.
(2) Said payment of the above amount shall be conditioned
subsequent to the DEVELOPER presenting the CITY with
releases of liens from all contractors and subcontractors
working on the infrastructure improvements.
(3) Further, City agrees to rebate to DEVELOPER the
collection system component of the sanitary connection
fee for the lots within the Willows Subdivision, as said
lots connect, in a total sum not to exceed $49,503.00.
(4) This Agreement constitutes the entire agreement between
the parties regarding recovery of infrastructure
improvements by DEVELOPER, and may only be amended by
written agreement between the parties.
(5) This Agreement shall be binding upon and inure to the
benefit of the respective parties, heirs, successors and
assigns.
Dated this .,Z,/2--day of
City of Kalispell
By: C"-
Its:
H:\att\wp\wi11owextagr.wpd 2
1 1999.
American Land and
Development, Inc.
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APPUCAnON FOR PAYMENT
THE CITY OF KALISPELL
ENGNEERMDEPARIWUM
Date- 4/13/99
of work done American Land & Development mW Crockett Excavating & Ihiddn lw�
and ConMictor for the unprovemcnt of the Kelly road Lfit Stwon
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