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Developer's Extension AgreementL"MUT:8030 1111 THIS AGREEMENT, made and entered into this day of 19 T9, by and between the CITY OF KALISPELL, hereinaf er referred to as "CITY", and AMERICAN LAND AND 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. H:\att\wp\wi11owextagr.wpd 1 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 !day of City of Kalispell By: C"- V: , • H:\att\wp\willowextagr.wpd 2 , 1999. American Land and Development, Inc. By. 7 its�� a -v 9 < 9 a 0 0 :Ll .. a o� \\. m . 7 k 2 © ■ o -n « X i 0 E $ m g X M . ƒ a E A m r . @ � go ■ < 0 2 2 k 0 x44 a CA � ¢» 0 0 � � » ƒ � m /C) D O� � 2 k 0 � k k c w t § E E 40 f %� § k k APPUCAnON FOR E THE CITY OF KALISPELL ENGNEERMDEPARIWUM Date- 4/13/!.# of work done American Land & Development mW Crockett Excavating & Ihiddn lw and ConMictor for the unprovemcnt of the Kelly road Lfit Stwon Of rovement New Lift Stwon and sewer mun 4 I ..i _ S in4 PVC stub out from WeAt }a ME, x d