Developer Extension AgreementDEVELOPER EXTENSION AGREEMENT
This Agreement, made and entered into this / S r day of
0_ __ , 1913,_by and between the City of Kalispell,
hereinafter referred to as "City" and Frank Strickland for GESN,
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, an extended water main
and extended street for property owned by the Developer and
described as Gateway Orchard Villas, a subdivision located in
Kalispell, Montana; and,
WHEREAS, the parties to this agreement desire to provide for
the collection of the expenses and costs of the extended sewer
main, the extended water main and street installation in Glenwood
Street.
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 A 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 Two
Mile Drive beginning at its intersection with Glenwood, extended
as shown on Exhibit B.
4. "Sewer Service Area" shall mean the parcels of land that
are to be served by the Extended Sewer Main shown as Exhibit A.
5. "Extended Water Main" shall mean that water main and
appurtenances extending from the existing water main located on
Glenwood, to the end of the new water extension as shown on Exhibit
B.
7. "Water Service Area" shall mean the parcels of land that
are to be served by the Extended Water Main as shown on Exhibit A.
8. "Extended Street" shall mean that street known as
Glenwood and constructed by the developer.
9. "Street Service Area" shall mean those parcels fronting
on Glenwood and as shown in Exhibit B.
10. "Late -Comer" shall mean the entity connecting to the
Extended Sewer Main, the Extended Water Main or accessing the
street who contributes sewage to the Extended Sewer Main, who
receives water from the Extended Water Main or whose access
encroaching on Extended Glenwood and who did not share in the
initial cost of the Extended Sewer main, the Extended Water Main
and Street Construction.
11. "Initial Cost" shall mean and include all cost related
to the installation of the Extended Sewer Main, the Extended Water
Main and the Extended Street which shall consist of the design and
inspection fees and the construction costs. See Exhibit D.
12. "Entity" shall mean an owners specific parcel of land
shown on Exhibit C attached and shall mean the owner of parcel.
11. "Escrow Agent" shall mean Ronan State Bank, whereto the
Late -Comer pays the stipulated fee and from which disbursement is
made to the Developer.
PERIOD OF AGREEMENT
This Agreement shall be in effect for a period of ten (10)
years after completion of the Extended Sewer Main, the Extended
Water Main and the Extended Street. The date of completion is
hereby, established as Therefore, the termination date
shall be . Upon the termination of this
agreement the Developer shall not be entitled to any further Late -
Comer fees.
During the period of the Agreement, the City shall have the
right to allow other Entities outside of the service areas shown
on Exhibit C to connect to the Extended Sewer Main and to the
Extended Water Main without payment of any fee to the Developer.
INITIAL COST
The developer shall pay the initial cost of constructing the
Extended Sewer Main and the Extended Water Main. The initial cost
is herein established as follows:
Extended Water Main $ 26,700.00
Extended Sewer Main 42.320.00
Extended Storm Drain 32,420.00
Extended Street 96,178.00
Total $197,618.00
GUARANTEE AND MAINTENANCE
The City shall maintain the acceptably constructed Extended
Sewer Main and Extended Water Main and Extended Street. 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.
In addition, the City shall receive reimbursement for the
construction required for the benefit of the City in the amount of
9.68% of each individual reimbursement.
ESTABLISHING OF ESCROW AGENT
The developer shall pay all costs in establishing and
maintaining the escrow account.
With the exception of tracts 5E and successor tracts and
to be known as Gateway Orchard, which is a lot owned by the
Developer and were the cause of the Extended Sewer Main, Extended
Water Main and Extended Street, the City shall not issue any
permits for connection to the Extended Sewer Main, Extended Water,,
Main or Extended Street or any connection which will contribute to
the Extended Sewer Main, receive water from the Extended Water
Main, or permits to allow any curb cuts to an Entity , unless said
Entity presents a receipt, evidencing payment of the fees required
herein, from the Escrow Agent to the City at the time the Entity
makes application for a permit to connect, nor will the City allow
any properties in the Gravity Service Area, and Water Service Area
to be connected without paying the Late-Comer's fee included
herein.
EXTENDED SEWER MAIN WATER MAIN AND STREET
Total Cost: $98,809.00 (, total cost)
Cost per Lineal Foot: $69.41
Tract
Lineal Footage
Established Fee
Add 135
220.50
15304.91
5CB
220.50`��
15304.91
5CEA
147.00
10203.27
5CE
73.50
5101.64
5CF
239.00
16588.99
5CFA
55.00
3817.55
5CC
275.49
19121.76
5CD
192.60
13368.37
Total
1473.59
98811.40
1. Any entity which grants without cost to the City a 20 foot
easement along Glenwood, shall not be required to pay a fee for a
curb cut, but the requirements for fees on other matters are not
waived.
The above established fees shall be increased ten percent
(10%) on each twelve (12) month anniversary date of this Agreement.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement the day and the year first above written.
CITY OF KALISPELL
1
by
ATTEST'
4
by
up
This memorandum is binding upon the parties, their heirs and
assigns.
Dated this day of , 1993.
City of Kalispell
M
TRACT # LINEAL FOOTAGE
Addition #135
220.50
5CB
220.50
5CEA
147.00
5CE
73.50
5CF
239.00
5CFA
55.00
5CC
275.49
5CD
192.60
EXHIBIT D
GATEWAY ORCHARD VILLAS
CONSTRUCTION COST ESTIMATES
SCHEDULE I
FITATER
Estimated
Unit
Item
Description
Quan/Unit
Price
Amount
1.
Type II Pipe
Bedding
100
C.Y.
5.00
$
500.00
2.
Water Main
811 PVC DR 18
1350
L.F.
9.00
12,150.00
691 PVC DR 18
150
L.F.
7.00
1,050.00
3.
Fire Hydrants with
Auxiliary valves
4
EA
1600.00
6,400.00
4.
Cast Iron Fittings
1200
LBS.
2.00
2,400.00
5.
Connect to Existing
2
EA
600.00
1,200.00
Main
6.
Asphalt Pavement
Replacement
By City
0.00
7.
Gate Valve
811
5
EA
600.00
3,000.00
TOTAL
26,700.00
SCHEDULE II
SEWER IMPROVEMENTS ON -SITE
1.
Type II Bedding
100
C.Y.
5.00
$
500.00
2.
Sewer Main
811 PVC SDR 35
1360
L.F.
8.00
10,880.00
411 PVC SDR 35
300
L.F.
4.00
1,200.00
3.
Type A Exc with
Type I Backfill
2000
C.Y.
7.00
14,000.00
0
Estimated
Unit
Item
Description
Ouan/Unit
Price
Amount
4.
Manhole (4811 diameter)
51 Deep
6 EA
2000.00
12,000.00
5.
Extra Depth of
Manhole
20 V.F.
80.00
1,600.00
6.
Connect to Existing
Sewer
1 EA
1500.00
1,500.00
7.
8B1 x 4t1 Service Wye
8 EA
80.00
640.00
8.
Asphalt Pavement
Replacement
By City
TOTAL
$
42,320.00
SCHEDULE III
STORM SEWER - ON SITE
1.
Storm Sewer
1211 PVC
335 L.F.
12.00
4,020.00
2.
Type A Exc with
Type I Backfill
200 C.Y.
7.00
1,400.00
3.
Storm Drain Inlets:
Curb
10 EA
1000.00
10,000.00
4.
Outlet Structure
5 EA
500.00
2,500.00
TOTAL ON SITE
$
17,920.00
STORM SEWER
DITCH RELOCATION
1.
Ditch Excavation
1000 C.Y.
6.00
6,000.00
2.
Inlet/Outlet
2 EA
1500.00
3,000.00
3.
Seeding
Replacement
2200 S.Y.
2.50
5,500.00
TOTAL
14,500.00
7
SCHEDULE IV
STREET CONSTRUCTION
Estimated
Item
Description
1.
Street Excavation
(2411 deep)
2.
Select Subbase
(1211 thick)
3.
Select Subbase
(611 thick)
4.
Asphalt Cement
Pavement (411)
5.
Curb and Gutter
6.
Sidewalk
7.
Lighting
TOTAL
Unit
Quan/Unit
Price
Amount
4100 C.Y.
4.50
18,450.00
2000 C.Y.
4.00
8,000.00
5200 S.Y.
4.00
20,800.00
5200 S.Y.
3.00
15,600.00
2488 L.F.
6.00
14,928.00
6000 S.F.
1.90
11,400.00
Lump Sum
7,000.00
El
96,178.00
$ 197,618.00