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Latecomers Agreement Amendment + Original (re-recorded)/Owl CorporationReturn to: City Clerk P.O. Box 1997 Kalispell, MT 59903 II i I IIII II Iil� II III I III I� IIII I� I II Page:IofIs29 Page: 1 of 16 9.00 Paula Robinson, Flathead County MT by NC 5/18/2011 iO4 PM AMENDMENT TO LATECOMERS AGREEMENT FOR REIMBURSEMENT FOR MUNICIPAL WATER AND SEWER SYSTEM EXTENSIONS THISAGREEMENT is made this j� day of RcxY., 2011, between Owl Corporation, a Montana corporation of 500 Palmer Drive, Kalispell, MT 59901-2767 ("Developer") and the City of Kalispell of 201 First Avenue East, Kalispell, MT 59901, situated in FIathead County, Montana ("City"). WITNESSETH. RECITALS t� WHEREAS, on the 10`h day of August 2005 the Developer and the City entered into a Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions that was recorded May 5, 2006 with the Flathead County Clerk and Recorder as Document No. 200612509030; and WHEREAS, on the 20th day of January 2011 the Developer and the City entered into a Stipulation and Settlement Agreement whereby the parties agreed that the term of "the `Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions' dated August 10, 2005 is extended from 17 years to 30 years" and further that the amended agreement shall indicate that all properties located in Sections 25, 26, 35 and 36 Township 29, Range 22 West, P.M.M., Flathead County, Montana shall be noticed through recordation of said agreement that use of the specific water and sewer extensions described in the agreement may subject such properties to the latecomer obligations expressed therein; and WHEREAS, on the 7th day of March 2011 the Kalispell City Council approved and adopted Resolution No. 5486 whereby it resolved, "That the City Manager is hereby authorized to execute an agreement with Owl Corporation extending the term of the developer's agreement executed between the parties on August 10, 2005 to thirty (30) years." AMENDMENT TO LATECOMERS AGREEMENT Page - 1 IIIIIIIII I III I II I II I IIII II III IIIIIIIIIIIIIIIII I III III III Page: 2 o(0 $29 5/18/20I1 3 44 RM NOW THEREFORE, the parties agree that paragraph 12 of the subject agreement shall now read as follows: "12. This Agreement became operative as of the 10`h day of August 2005, and shall remain in full force and effect for a period of thirty (30) years after such date, or until Developer, or its successors or assigns, shall have been fully reimbursed as aforesaid, whichever event occurs earlier; provided, that in the event the Extensions, or any portions thereof, shall during the term of this Agreement, be rendered useless by the redesign or reconstruction of a portion of the Extension, or of the City's municipal water or sewer systems, then the City's obligation to collect for Developer the Assessment Fees provided pursuant to this Agreement shall cease." The parties further agree that all properties located in Sections 25, 26, 35 and 36 Township 29, Range 22 West, P.M.M., Flathead County, Montana shall be noticed through recordation of this amended agreement, appended to the original agreement recorded May 5, 2006 with the Flathead County Clerk and Recorder as Document No. 200612509030, that utilization of the specific water and sewer extensions described in the original agreement may subject such properties to the latecomer obligations expressed therein. DATED this Ior"' day of. Mo,-� , 2011. CITY OF KALISPELL y: Jane Howington Its City Manager OWL CORPORATION By: Mark Owens Its a l�� ,c42 5fin AMENDMENT TO LATECOMERS AGREEMENT Page - 2 111111HIIl.l 11 II it ll IIll l Illlllllllllill llill IIII illIllIII Page: 3of 1829 Page: 3 of 18 Fees:$119.00 5/18/Z011 3:04 PM STATE OF MONTANA ) ):ss County of Flathead ) On this L11— day of M'2# , 2011, before me, the undersigned, a Notary Public for the State of Montana, personally appeared MARK OWENS known to me to be the of OWL CORPORATION, a Montana corporation, that executed the within instrument, and acknowledged that he subscribed, sealed and delivered said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above written. Notary Public, State of Montana Ufa . Z Printed Name:dAmZx/ Pd Residing at My Commission Expires 3,1.20 STATE OF MONTANA ) ):ss County of Flathead ) On this 3 day of March, 2011, before me, a Notary Public in and for the State of Montana, personally appeared JANE HOWINGTON, known to me to be the City Manager of the City of Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the uses and purposes therein set forth, and that she was duly authorized to o.recute 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. r• NpTAR�gC Notary Public, State of Montana r Printed Name: r� Residing at ISPu�� �qj:°••...,,,,,,°„...•-0' My Commission Expires 3 � 7 20/3 OF MONK AMENDMENT TO LATECOMERS AGREEMENT Page - 3 ),a 16Pei i , m k DATE. - —5L5,—AU $ PAGES I,_ay--y PAULA ROB MSON FLATHf n,) COUNTY MONTANA LATECOMERS AGREEMENT FOR REIMBURSEMENT FOR MUNICIFA WATER AND SEWER SYSTEM EXTENSIONS AGREEMENT, made this 10th day of August, 2005, between Owl Corporation, a Montana corporation ("Developer") and the City of Kalispell, situated in Flathead County, Montana ("City"). WITNESSETH: RECITALS A. The City owns and operates municipal water and sewer systems within and adjacent to its City limits; and \9 B. Developer has constructed, under agreement with the City, extensions to said water and sewer systems (collectively the "Extensions"), as more particularly depicted on Exhibit 'A" attached hereto and incorporated herein by this reference, which Extensions are capable of serving parcels now owned by the Developer and others; and C. The Extensions are located within the City's existing municipal water and sewer service area, and shall be subject to the City's public works standards for performance; and D. The total project cost for design and construction of the Extensions amounted to $939,079.74 as more specifically itemized on Exhibit "B," attached hereto and incorporated herein by this reference; and E. The City and Developer desire and intend by this Agreement to provide for collection of the fair pro rata share of the total project costs of the Extension from the owners of the properties which benefit from the Extensions, but who did not contribute to the original cost thereof. F. The City has determined and Developer has agreed that the fair pro rata share of the total project costs of the Extensions, to be collected from the owners of properties who tap onto, connect to or use the Extensions, shall be based upon the equivalent dwelling units ("EDU") associated with the expected use of the subject properties at the rates set forth in Section 5 below. NOW, THEREFORE, in consideration of the mutual covenants and agreements hereafter set forth, it is agreed by and between the parties hereto as follows: 1. All of the recitals set forth above are adopted by the parties as material elements of this Agreement. 2. Developer shall transfer title, free and clear of all encumbrances, to the Illillf 11 41111111111i11 it � ��� Ill II II11 III II11111111111l 1I IIII! !I Page; 4of IS Page: 4 of 19 5/is%zoiinaQt°a LATECOMERS AGREEMENT P.1 20OU25 tgo3C) Extensions, by a bill of sale to be executed and delivered by Developer to the City. Developer shall assign casement deed for utilities from State of Montana to Developer (hereinafter referred to as easement), to be executed and delivered by Developer to the City. In the event that any lien or other claim against the Extensions are asserted after conveyance to the City, Developer shall defend and save harmless the City from loss on account thereof In the event the City shall be put to any expense in defense of such claim or otherwise, then the City shall have a lien against any funds then or thereafter deposited with it pursuant to this Agreement. 3. Developer warrants that it is the owner in title absolute of the Extensions, that it has neither permitted nor suffered any person or other entity to tap onto, connect to or use the Extensions prior to the date of this Agreement, except the real property owned by Developer as identified on Exhibit "C," and as described in Section 8 below. 4. The City agrees to accept the Extensions for ownership and maintenance as part of its facility by acceptance of the bill of sale and assignment of easement if the utilities are constructed in accordance to City of Kalispell Standards for Design and Construction, April 1996. Further, the City agrees to collect from owners of properties who have not heretofore contributed to the project costs of the Extensions, and who subsequently tap onto, connect to or use the Extensions, a fee equal to the fair pro rata share of the total project costs as set forth in Section 5 below ("Assessment Fees"). Such Assessment Fees shall not be collected by the City with respect to the property by the Developer, as more particularly set forth on Exhibit "C," and as described in Section 8 below. 5. The total project costs for the Extensions including costs eligible for reimbursement under this Agreement are as itemized on Exhibit `B." Said eligible portion of the total project costs includes costs for design engineering, surveying, construction, construction inspection and construction contract administration incurred and paid by Developer. The Assessment Fees for each of the properties who subsequently tap onto, connect to or use the Extensions shall be based upon the estimated equivalent dwelling units ("EDUs") associated with such properties in the amounts set forth in Section 5(a) and (b). The amounts set forth in Sections 5(a) and (b) are based upon total capacity of 2,467 EDUs for the municipal water system extension and 1,136 EDUs for the sewer system extension, with 127 EDUs for the municipal water system extension and 127 EDUs for the sewer system extension being allocated to the property owned by Developer as described on Exhibit "C," for which no Assessment Fee shall be charged and for which Developer shall not be entitled to reimbursement pursuant to this Agreement. (a) The Assessment Fee for owners of properties who subsequently tap onto, connect to or use the municipal water system extension shall be $164.28 per EDU, adjusted annually in accordance with Section 5(c) below. The maximum number of EDUs for which Developer shall be entitled to reimbursement for the municipal water system extension shall be 2,344 EDUs. (b) The Assessment Fee for owners of properties who subsequently tap onto, connect to or use the sewer system extension shall be $469.89 per EDU, adjusted annually in accordance with Section 5(c) below. The maximum number of EDUs for Illlllllllllllllllllll111111111IIIIlIIIII1NlllIIIIIIII111NlIIIIIIIIIINIIIIIIIIIIIINI Page:29 5 at 18 Fees.$119.00 5/18/2011 ..04PM LATECQMERSAGREEMENTP.2 2006125 NOR) which Developer shall be entitled to reimbursement for the sewer system extension shall be 1,009 EDUs. (c) The per EDU Assessment Fees set forth in Sections 5(a) and (b) above shall be increased annually, over the prior year's Assessment Fee, on the first day of January each year, based upon the ten (10) year United States Treasury Note rate as of the last day of the immediately preceding November, plus 1.5%. 6. The EDUs for purposes of computing the Assessment Fees to be collected pursuant to this Agreement shall be determined by in accordance with Exhibit "D," attached hereto and incorporated herein by this reference. 7. Notwithstanding anything to the contrary in this Agreement, the Assessment Fees to be collected pursuant to this Agreement shall not be collected with respect to property owned by Developer as described on Exhibit "C," attached hereto and incorporated herein by this reference. 8. The City agrees not to allow any tapping into, connecting to or using of the Extensions without the owners of properties to be benefited from said tapping or connecting having first paid to the City the Assessment Fees and such other charges as set forth in Sections 4 and 5 above. During the term of this Agreement, the City shall not have the authority to waive the Assessment Fees for tapping into, connecting to or using the Extensions, without the prior written consent of Developer. To the extent that the City does waive any Assessment Fees, the City shall be responsible for payment to Developer of the Assessment Fees that would have otherwise been payable by the owner of such properties benefiting from tapping onto, connecting to or using the Extensions. 9. The City shall pay to Developer the sums agreed by it to be collected pursuant to the provisions of this Agreement within sixty (60) days after receipt thereof at the address of Developer as set forth hereinafter or at such other addresses as Developer shall provide to the City. 10. In the event of the assignment or transfer of the rights of Developer voluntarily, involuntarily or by operation of law, the City shall pay all benefits accruing hereunder, after notice, to such successor of Developer as the City, in its sole judgment, deems entitled to such benefits; and in the event conflicting demands are made upon the City for benefits accruing under this Agreement, the City may, at its option, commence an action in interpleader joining any party claiming rights under this contract, or other parties which the City believes to be necessary or proper, and the City shall be discharged from further liability upon paying the person or persons whom any court having jurisdiction of such interpleader action shall determine, and in such action the City shall be entitled to recover its reasonable attorneys' fees and cost, which fees and costs shall constitute a lien upon all funds accrued or accruing pursuant to this Agreement. 11. Nothing contained herein shall be construed to affect or impair in any manner the right of the City to regulate the use of its municipal water system or sewer system, of which the 11111111111111111111111111111111111111111111111illlllllllllllllllllllllllllllllllllllll Page,6 of IS Fees: V14.00 s/ 1 s/ 2011 3:04 PM LATECOMERS AGREEMENT P. 3 2006i25ugo30 Extensions shall become a part under the terms of this Agreement, pursuant to the provisions of any ordinance, resolution or policy now or hereafter in effect. The imposition by the City of any such requirement shall not be deemed an impairment of this Agreement though it may be imposed in such a manner as to refuse service to an owner or owners of a parcel in the benefited area in order to secure compliance with any such requirement of the City. 12. This Agreement shall become operative as of the date first written above, and shall remain in full force and effect for a period of seventeen (17) years after the date first written above, or until Developer, or its successors or assigns, shall have been fully reimbursed as aforesaid, whichever event occurs earlier; provided, that in the event the Extensions, or any portions thereof, shall during the term of this Agreement, be rendered useless by the redesign or reconstruction of a portion of the Extension, or of the City's municipal water or sewer systems, then the City's obligation to collect for Developer the Assessment Fees provided pursuant to this Agreement shall cease. 13. An administrative fee in addition to the per EDU assessment fees described previously in this Agreement will be assessed by the City of Kalispell, Montana. 14. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Developer. 15. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Owl Corporation City of Kalispell Mr. Mark Owens Mr. James Patrick, City Manager 500 Palmer Drive PO Box 1997 Kalispell, Montana 59901 Kalispell, Montana 59903 16. All of the provisions, conditions, regulations and requirements of this Agreement shall be binding upon the successors and assigns of Developer, as if they were specifically mentioned herein. 17. This Agreement shall be construed in accordance with the laws of the State of Montana, and jurisdiction of any resulting dispute shall be in Flathead County, Montana. The prevailing party in any legal action arising from this Agreement shall be entitled to all costs and expenses, including attorneys' fees, expert witness fees or other witness fees and any such fees and expenses incurred on appeal. 18. Any invalidity, in whole or in part, of any of the provisions of this Agreement shall not affect the validity of any other of its provisions. 19. No term or provision herein shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. Illllillllll Illllllllillllllll lIlllllillllllII11111111111111111111111I1111111 IN Page:7 of isxg 5/18 Fees'. LATECOMERS AGREEMENT P. 4 2006125 NO30 20. This Agreement, including its exhibits and all documents referenced herein, constitutes the entire agreement between the City and Developer, and supersedes all proposals, oral or written, between the parties on the subject. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above State of Col3rltytrt s ' nat�`� crt�• on r My y expSres sigiatp $ G State of MoRO M R1 Flf//�i Co un ty of $f -. 6 a • �!�/ '�� Signed be. 'or&'me this• Slay of My Cu�ni�siari Ex SEAL '1��':�•�3iiitB�� NOTARY BLOCS OWL CORPORATION, A MONTANA CORPORATION BY: 6N(L,. 124 fiiy,�k [NAME] %_S . [TITLE] DATE , 2005 CITY OF KALISPELL, MONTANA Exhibit A — sewer and water system extension drawing Exhibit B — breakdown of reimbursable costs � y A`vQ2,�cJ(�NAME] t✓y T�> �►ANAG„dQ[TITLE] DATE I (, A C"t. Cs. , 2005 Exhibit C — legal description of West View Estates Subdivision Exhibit D EDU determination IWild IIIII III IIIIIIIIIIIf1IllllllHill IIIIIHilllll1IIIIIIIIIIIIIIIIIVIli III IIIIIIII201100103 Page°$8 of i829 Fees�5/18/2011 3104 9.PM LATECOMERS AGREEMENT P. 5 2006125 DgCR-)U EXHIBIT A Water and Sewer Main Drawing II II 111111111111111111111111111IIIIIII II Page; 9 of°829 5/18/2011 3:04 PM 1111 II11111111 II II Iiiiiiil Ii1111111111II1I1111111I1111111111111111 Page°9 of 1829 Fees: 119.00 5/18/2011 :04 PM l —S/M a38WlIN ONIMYMO Y3BnnN J.33M5 Z00'ZOL4 'oN �3raad r U p M r�r n r � O Z rN pe n n M m on —4 L n y z z C y Q O M n m m m :E m m L10 -4 r n z m m � 2 m m X H m z to � O O z zN --I 3- Wd VO:ggg TiOZ/BT/S oo,6TT% ab d Bi/S ST 10 'IT aot a .r :H :.AIVO5 6ZEOT000TTOZ I11111111111f111111111I11111111 Hill 1hIllll111111N1111111111111111111111111111111111 6ZEOTDGOTTOZ IRllf Illllllllfl Illlllfif 11111 V1111111 Ili 111111111011111111111111illll Illlf1 +NITP4 ?13M3S N // DIIVI1i ���5 :I2i��IAC�S : did < l. >::r€trlFr.rlil-atr tA -7 mum Mimi �,$> � ,,,y ti•i-l:� � Ji7r�l7�rf17�: �! `�. .. � � �r\�Y �--...:.l�J s�€' .,� �. •\ 'r % � ,\ / � li .I` � J f ""`. �.,, ,w4., i �' I tl ���'_-r,'%' a =.s ....q -r - i e. �4�- r �� '1 _..,- '�;� - l iil 3 _- �`\`,� C •\\` \ �i �_� � '= -- i % '' /`� � � ' • \�F' � :�1 !: ' , .N , '' F �TnTr'�r,����}nry r,��t�Try 4 V.1xd�R ��F1�L W � r..'::i7.L1i Ql2 1 f : rr �' � s � -f; _;yam-� •'/ 'i' f � ? 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'.zY•¢ "f,'l �` r,� .� ?i;�lj>'rrt:•.,/.�/jI ...1' i qr, �1` ��•\ ram•-'.��� Ni2i���A� Aga/ •'e':!l` ,4f%" 4- •f <, •1 / 3 I {y -� Y-- r ' ,% /` � -Y }•'� � . % i � 3 } ' 1( � l a r 1 `t1 5` � I 1 t IE j � t `f -c.'- `'I ''}. ✓ � t I .'.�� }I 7 7 �li + r � ``� •�� •'t � ' ,\ � ,>r� 'i \ x tj 1: .- 1 ,..,1: J.� ,!,- .;:',.J - '\ � / f% Ir IIrIF������f � ,,$Fll :�'i � ,j, r,, '� `'� I 'i � �'���' �� \ `�4 � •:!� I` �:l� ✓`` i'" / %ct/ � r" � � \ \, / ?! �Iic �!j!;I�I L.'• t�' ; ' " 1 � ._ �` \ 1 � 5, t:t'i•`- 4 p '��\. 1,-„•Y rr'� ^�Y'..: -.' •./ /i f 1 -,_ `.` / /;� ', 'i 45fii �5 '<`:` , J_.. I '} `\ ,\`, 1 ', k i I, •' t } •'� 3-,� W �f`--.:.._ r,�� . ,r., : / r 1, .�� `t �,1 ./ ♦ f �� I , 1..'. �, �_ � � ,\ `'` 1 � i � � tjt,` 'ti I _ ,,%, - r'`'' - t`"" ",y ,i ♦ f .' a `� 1 11 onds HfJI.H i aZi11L • ' � r i f ,Elf ,>." - . _. / i i f _ \ r l ' \ I it✓"1i 3' '\ '�\ \ °s MI HaAas A?IVLLINIVS-',� 11 `\ 1 l' f f • r - :� '. .i<._ �AI2IQ v..x:�:......... "� .I � .'�Lt��':.'�I�'.� :... �.:. "a-- ;q•�,,,z.-,.,,,;,�•.. r-"'�,`a„"6"'"'� -_ :gym ... _ NIVN d IVAi AM iQIVI'tii 2Ialvk RaN Qls isI�71b. tI'�L�iM' Mau rQ szT9ooz b a szzsooz f m 2006125 DgOW EXHIBIT B LATE COMERS AGREEMENT FOR REIMBURSEMENT FOR WATER AND SEWER SYSTEM EXTENSIONS ACTIVITY WATER SEWER TOTAL. Design Engineering $51,905.81 $62,451.60 $114,357.41 Construction $335,973.51 $404,233.82 $740,207.33 Easements Casts $12,392.00 $60,412.00 $72,804.00 Easement Fees $50.00 $50.00 $100.00 MDEQ Review Fees $25.00 $25.00 $50.00 SWPPP Fees $900.00 $900.00 $1,800.00 Eby Surveying $675.00 $675.00 $1,350.00 Sands Surveying $3,364.00 $5,047.00 $8,411.00 TOTAL COST $405,285.32 $533,794.42 $939,079.74 IIIII I fllilll I 111111111111111III 1111111111111111111111111111 El I I llil II Page: 12 of IS Page: 12 nt 18 Fees: 119.00 5/18/2011 .04 PM 2000125 flgo2,-70 EXHIBIT C DESCRIPTION A TRACT OF LAND, SITUATED, LYING AND BEING IN THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 25, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the southwest corner of the Southwest Quarter of Section 25, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, which is a found pin on the centerline of a 60 foot county road known as Stillwater Road; Thence along the west boundary of said SW '/4 and along said centerline N00°06'40"W 1982.69 feet; Thence leaving said west boundary and said centerline N89°59' 11 "E 1327.96 feet to a set iron pin on the east boundary of the West Half of Southwest Quarter of said Section 25; Thence along said east boundary S00°00'23"W 1985.86 feet to the southeast corner thereof and the centerline of a 60 foot county road known as West Reserve Drive; Thence along said centerline and along the south boundary of SW '/4 N89°53'02"W 1323.89 feet to the point of beginning and containing 60.396 ACRES. Subject to and together with all appurtenant easements of record. IIIEIINI1lll(I 111111111 1EIIi 11111111111111111111111111I III 111 i111111 1 Page;Page: of 13 of 19 18 Fees: 119.00 5/18/2011 :04 PM 200GI25 Da 030 EXHIBIT D COST PER EQUIVALENT DWELLING UNIT (EDU) DETERMINATION The purpose of this exhibit is to document the methodology used to determine the cost per Equivalent Dwelling Unit (EDU) for reimbursement to Owl Corporation as referenced in the Late Comers Agreement for Reimbursement for Municipal Water and Sewer System Extensions between the Owl Corporation and the City of Kalispell. WATER An equivalent dwelling unit is defined as a single family home. The water demand of an EDU is defined as the maximum daily demand of a residential single family home. This demand is calculated as follows: Total people per home (EDU) = 2.31 (Ref. 2000 Census Data) Average Day Water Demand = 145 gallons per person per day (0.10 gallons per person per minute) (Ref. City of Kalispell Water, Wastewater, and Storm Drainage Facility Plan, January, 2002, Page 3-6) Average Day/Maximum Day Peaking Factor = 2.7 (Ref. City of Kalispell Water, Wastewater, and Storm Drainage Facility Plan, January, 2002, Page 3-6) Maximum Day Demand per EDU = (2.31 people/EDU)x(0.10 GPM/person)x(2.7)= 0.62 GPM per EDU The Owl Corporation water main has been oversized in accordance with the City of Kalispell Water, Wastewater, and Storm Drainage Facility Plan, January, 2002 in order to serve future growth in the area. Since capacity of a water main varies with pressure (and elevation), and since use of capacity is how reimbursement will be based, it is necessary to establish a point on which capacity for the Late Corners Agreement will be based. This point will be the entrance to West View Estates. It is important to note this flow establishes the base point for the reimbursement to Owl Corporation. However, this flow does not necessarily define the actual capacity of the water main as capacity may change depending on the location along the water main (e.g. capacity is greater at lower elevations). Based on the design report for the Section 36 Water and Sewer Extensions, the capacity at West View Estates is 2,530 gallons per minute (GPM) at a residual pressure of 26.5 psi. It is assumed West View Estates and other developments in the area will require a minimum fire flow of 1,000 GPM. Therefore, the leftover domestic capacity of the main is 1,530 GPM. The maximum number of EDU's that can be serviced with this capacity is figured by dividing this capacity by the Maximum Day Demand per EDU, which gives a total number 2,467 EDU's that can be served by this main. It should be noted that all development in the area will benefit from the 1,000 GPM fire flow required by West IfIIllifl1111411111111NIIIIIIIIIII11I1111111111111IR111111111I1111111111I1111111111111 page: t4 of 18 5,18/2011 9104 PM 2006125 (l ()�>D View Estates. Subtracting the 127 EDU's for the West View Estates Subdivision leaves a total of 2,340 EDU's of leftover capacity in the main that are eligible for reimbursement to Owl Corporation. The maximum daily demand for the 127 lots in West View Estates is (127 EDU's) x (0.62 GPM/EDU) = 79 GPM. Subtracting the fire flow and domestic demands for West View leaves 1,451 GPM of additional capacity in the water main not being used by West View Estates. Dividing the leftover capacity by the total domestic capacity gives (1,451 GPM/ 1530 GPM) equals 95%, which is the maximum percentage of reimbursement Owl Corporation is entitled to. Dividing the total project cost by the maximum number of EDU's the main can supply results in a cost per EDU reimbursable to Owl Corporation. With a total project cost of $405,285.32 and the total EDU's served of 2,467, the cost per EDU is $164.28. With the total leftover EDU's of 2,340, the maximum amount of reimbursement to Owl Corporation will be (2,340 EDU's x $164.28/EDU) _ $384,415,20, for the year 2005. Per Section 5.0 in the Late Comer's Agreement, the annual reimbursement fee will be increased annually based on the U.S. Treasury Note Rate plus 1.5%. The following table summarizes the yearly reimbursement costs per EDU based on a Treasury Note Rate of 4.5%, giving an annual interest rate of 6.0%: Yearly Reimbursement Costs/EDU - Water Year Reimbursement Factor Reimbursement Amount per EDU 1 1.00 $164.28 2 1.06 $174.14 3 1.12 $184.00 4 1.19 $195.50 5 1.26 $207.00 6 1.34 $220.14 7 1.42 $233.28 8 1.50 $246.42 9 1.59 $261.21 10 1.69 $277.64 11 1.79 $294.07 12 1.90 $312.14 13 2.01 $330.21 14 2.13 $349.92 15 2.26 $371.28 16 2.54 $417.28 17 2.69 $441.92 If a project with a fire flow requirement higher than the base fire flow of 1,000 GPM were to connect to the main, the future development would benefit from this extra capacity due to the oversized pipe. Therefore, there would have to be a payment for the additional fire flow above and beyond the 1,000 GPM already supplied. This fire flow cost would be figured by converting the extra demand to an equivalent number of dwelling units. For example, if a new development were to need a fire flow of 1,500 IIII I dill II I IIIIIIIIIIIIIIIIIII II I IIIIIIII I IIII NIII IIIIIII III ill Pa9E°15of 18 5/18/2011 3:04 PM 200&i25 0903po GPM, the cost will be figured by converting the extra 500 GPM to the number of dwelling units that will use 500 GPM. In this case, this would be 500 GPM/ 0.62 GPM per dwelling unit, which equals 806 dwelling units. In the future, if another main from the City of Kalispell system is extended to connect to this main creating a "looping system," the reimbursable costs to Owl Corporation will be figured by an engineering analysis of the system in order to estimate the amount of flow provided from the water main extended by the Owl Corporation. The impact per EDU to this 14-inch main will be determined and will be reimbursed appropriately. SEWER An equivalent dwelling unit for wastewater is also defined as a single family home. The maximum wastewater flow per EDU will be defined as the peak hourly flow from a residential single family home. This demand is calculated as follows: Total people per home (EDU) = 2.31 (Ref 2000 Census Data) Average -Day Wastewater Demand = 100 gallons per person per day (0.07 gallons per person per minute) (Ref. Montana Department of Environmental Quality) Average-Day/Maximum Day Peaking Factor = 4.1 (Ref. Montana Department of Environmental Quality, equation for peak hourly flow based on population) Maximum Peak Hour Flow per EDU = (2.31 -people/EDU)x(0.07 GPM/person)x(4.1)= 0.66 GPM/EDU. The sewer main has been oversized in accordance with the City of Kalispell Water, Wastewater, and Storm Drainage Facility Plan, January, 2002 in order to serve future growth in the area. Sewer Main reimbursement costs are much easier to figure since the capacity of the sewer main is dependent only on pipe diameter and slope. Based on the slope and pipe diameter, the capacity of the sewer main is 750 GPM. Using a Maximum Peak Hour flow of 0.66 GPM per EDU, the total number of EDU's that can be served is 1,136. Subtracting the 127 EDU's for West View Estates leaves a total of 1,009 EDU's of leftover capacity reimbursable to Owl Corporation. The maximum peak flow West View Estates will have in the sewer main will be (0.66 GPM/EDU x 127 EDU) = 83.8 GPM. This leftover capacity is (750GPM — 83.8 GPM) = 666.2 GPM. Dividing the leftover capacity by the total capacity of the sewer main gives (666.2 GPM/ 750 GPM) equals 89%, which is the percentage of reimbursement Owl Corporation is entitled to. Dividing the total project cost by the maximum number of EDU's the sewer main can supply results in a cost per EDU reimbursable to Owl Corporation. With a total project cost of $533,794.42 and the total EDU's served of 1,136, the cost per EDU is $469.89. With the total leftover EDU's of 1,009, the maximum amount of reimbursement to Owl II IIIII IIIIIIIIIIIIIIIIIIIIIII II IIIiIIIN I II 1111141111illllilllll Il illllllllll Pall! W01016 Df s Pa a! of 18 51 /20115104 AM 2006IL25 uC v3 U Corporation will be (1,009 EDU's x $469.89/EDU) = $474,119.01 for the year 2005. Per Section 5.0 in the Late Comer's Agreement, the annual reimbursement fee will be increased annually based on the U.S. Treasury Note Rate plus 1.5%. The following table summarizes the yearly reimbursement costs per EDU based on a Treasury Note Rate of 4.5%, giving an annual interest rate of 6.0%: Yearly Reimbursement Costs/EDU - Sewer Year Reimbursement Factor Reimbursement Amount per EDU 1 1.00 $469.89 2 1.06 $498,08 3 1.12 $526.28 4 1.19 $559.17 5 1.26 $592.06 6 1 1.34 $629.65 7 1.42 $667.24 8 1.50 $704.83 9 1.59 $747.12 10 1.69 $794.11 11 1.79 $841.10 12 1.90 $892.79 13 2.01 $944.48 14 2.13 $1,000.86 15 2.26 $1,061.95 16 2.54 $1,193.52 17 2.69 $1,264.00 As with the water, if a project such as a commercial or industrial development were to connect to the sewer, the reimbursement costs would be figured by taking the wastewater flow and converting to an equivalent dwelling unit. For example, if a new industry were to connect with an estimated peak hourly flow of 250 GPM, the number of EDU's would be figured by dividing the flow by the flow per dwelling unit. For this example, the number of EDU's would be (250 GPM)/(0.66 GPM per dwelling unit) which would equal 379 dwelling units. I. 11 g Of Is lllllll�llilllllll�`1�l1t1lII�I�IIIIII{It�11III1F1111111�11Yi411ll,il�llllllllli1llllllll1}�1++ Fees: $119 00 5/18/2011 3:04 PM AWNO 0005201 0982533 0006139, 0005234 0005216 0012305 0215375 0898731 0309915 0012305 E000610 0006138 0976198 0006142 0006154 0006127 0005206 0417650 0006120 0005218 0006157 0005233 0006144 0047450 0974265 0006156 0002687 0002687 0001006 0112580 0001005 0979572 0980181 0968100 0417460 0981861 0005225 0005209 E000610 0968082 0980887 0979563 0979574 0028581 0980889 0979584 0968079 0981862 0980889 0005226 0972832 0980184 0980185 E001255 0968103 0979557 0982776 0981863 0972819 0980182 0980886 0980183 0968105 0968104 0974338 0978907 0982533 0975089 0974338 0005036 0005036 0006140 E000408 0417450 0006125 0004609 0975090 0005221 0006132 0006137 0975090 0974338 0003777 0006153 0006152 0047450 0974265 0006150 0978415 E000703 0012516 0006129 0013107 0978415 0005236 0006158 0006136 0979577 0979583 0979560 0981860 0982775 0978907 0011788 0011887 0973745 0974510 0011788 0011788 0974021 0969319 0561950 0013220 E000703 E000703 0417701 0975089 0004615 0969319 E000703 0561950 0309910 :0974727 E001092 0002317 E001253 0309910 0278400 0006143 E000703 0001006 0417700 0012105 E001227 0502887 E001199 E001142 0013105 0502886 0012247 0012250 0012481 E001201 E000703 E000476 0005230 0502665 0502889 0502664 0006128 0011887 0502888 0013705 0005227 0417460 0979564 E001254 0981864 0981858 0981859 0005242 0004627 0979582 0975089 0309915 0417650 0310120 0502666 0561950 0973745 0278400 0011887 0310170 0001005 0982774 0522750 0975090 0012104 E000703 0975585 0969861 E000476 0309915 0561953 E000703 0309915 0309915 E038495 0561954 0561951 0310170 0972793 E038116 0561952 E000289 0561953 0975585 0561951 0969861 0968114 0979558 0561952 E000703 0011734 0637050 0011887 0971364 E001093 0010420 E001227 0979556 0309910 0637050 E001196 0028926 0417700 0417700 0417460 0971364 0561954 E000703 0005239 0979566 0005243 0968074 0979579 0004621 0972817 0005223 0001684 0006155 0005203 0979591 0968092 0004592 0979542 0979536 0006146 0006110 0006109 0001684 0972820 0006135 0968065 0001683 0968094 0006148 0005205 0006108 0972825 0004624 E003351 E000703 0972839 0972842 0979569 0972804 0011734 0979598 0006124 0004602 0006130 0979595 E000703 0006111 0979551 0005212 0979545 0968102 0004595 0972827 0972818 0968072 0968099 0979553 0972830 0972821 0968069 E002880 0972828 0004616 0006116 0001683 0968067 0006113 0006118 0004622 0968089 0972833 0968108 0006117 0968110 0005231 0968081 0979550 0006131 0979573 0005241 0004610 0005217 0972845 0004604 0004608 E000703 0972848 0006119 0968083 0972823 E002880 0979578 0005238 0979580 0972799 0006122 0979590 0979559 0968071 0005222 0968068 0006112 0968070 0968078 0979593 0968076 0004613 E001130 0968087 0972822 0972800 0005204 0968080 0004623 0979543 0972795 0004617 0979541 0979585 0972803 0005219 E000703 E001199 0972802 0004598 0979568 0979538 0004597' 0972831 0005228 0005229 0006121 0004614 0006133 0972829 0004620 E002880 0979594 0968073 0004603 0968075 0972843 0005202 0005211 0005208 E000703 0972814 0972808 0979570 0972790 0972826 0968085 0968107 0968098 E001256 0979592 0979581 0972816 0004618 E003351 0972835 0005210 E001160 E002880 0968077 0972797 0004625 0968095 E000703 0001682 0979565 0972805 0005224 0979586 0972834 0006123 0502663 0972791 0979544 0968084 0968112 0968086 0004626 0972796 0979576 0968101 0005232 E000289 E001196 0972844 0972806 0005207 0006141 E038252 0972807 0972840 0972792 0005214 0972836 0979539 0979596 0968091 E000703 0979567 0979597 0968106 0979589 0968097 0503466 0004606 0979540 0972812 0006147 0004607 0005235 0979575 0979587 0006126 0004612 0006145 0004601 0004611 0979548 0979549 0968109 0979552 0968093 0979588 E003351 00045" 0005220 0968090 0005240 0968096 0972801 0972847 0979547 0968066 0979554 0006149 0004593 0979537 0979561 0006134 0005213 0979562 0968088 0005215 0972809 0972798 0968111 0004619 0005237 0979571 0972824 0979555 E002880 0972810 0972813 0001682 0972837 0003778 9p"w 0972811 E001160 E000703 0972838 0979599 0972841 0972846 0979546 0004594 E000289 0505058 0004596