Sewer Agreement/MonkAGREEMENT
This Agreement made and entered into on the 3rd day of September ,
1986, by and between the City of Kalispell, a municipal corporation,
hereinafter referred to as City and Robert Monk of Marion, Montana,
hereinafter referred to as Developer.
WHEREAS, on the 24th day of July, 1984, the City and the Developer
entered into an Agreement to extend the certain public sanitary sewer
service and City water service to Tract 2AD and Tract 2AC located at
Section 20, T28N, R21W, P.M.M., City of Kalispell, County of Flathead,
State of Montana, and
WHEREAS, by the terms of said Agreement the City and Developer
desired that the cost of extending sanitary sewer service and City
water service to the property would be shared by parties in accordance
with the Agreement entered into on said date,-
and,,._.
WHEREAS, under Section X of said Agreement the parties agreed
that:
The City and Developer shall enter into a Developer Extension
Agreement, upon completion of the project so that the parties
may recover a portion of the expense incurred by the parties
in constructing, installing and extending the sanitary sewer
and water utilities, and
WHEREAS, the project contemplated by said Agreement has been completed
and sanitary sewer service and City water service are available to
said property as of the date of this Agreement, and
WHEREAS, the City and the Developer consider it essential that
they at this time account to each other for the cost of installation
of the sanitary sewer service and City water service as contemplated
by said Agreement of July 24, 1984, and
WHEREAS, the City and Developer desire to set forth the terms
under which the recovery of the cost of installing the sanitary sewer
service and City water service shall be allocated between the parties.
NOW, THEREFORE, the City and Developer agree as follows:
SECTION I. That the CITY has expended the following amounts
or materials used in connection with the extension of the
sanitary sewer service and City water service to property:
Quantity Units Description
WATER
Unit Price Total Amount
1
12"02"
Mueller M-615 MJ Tapping
1,232.00.
$1,232.00
Sleeve W/12" MJxFLG Resilient
Tapping Valve
2350'
12"x2O'
J-M CL-150 DR-18 C-900 PVC
9.09/FT
21,361.50
Water Pipe W/Rings & Lube
4
12"
AWWA MJ Resilient Wedge Gate
642.00
2,568.00
Vlv. 2/2" Oper. Nut
1
6"
SAME AS ABOVE
211.00
211.00
1
12"x6"
MJ CL Tee Cl W/ACCESS
258.00
258.00
1
5�"
Mueller A-423 Centruian Fire
644.00
644.00
Hydrant 3-Way, 6'6" Bury W/6"
MJ Shoe
6
616"
Cl 3-Pc Screwed Valve Box
69.50
417.00
SEWER
1800'
12"x12�'
J-M SCR-35 PVC Sewer Pipe
4.35/FT
$7.830.00
TOTAL: $34,521.50
SECTION II. That in accordance with that certain Agreement
dated the 24th day of July 1984, the Developer shall pay to
the City, the Developer's share of the materials used to
extend the sanitary sewer service and City water service to
the property in the amount of $15,000.00.
SECTION III. The fifteen thousand dollars ($15,000.00) shall
be paid —to the City as follows:
a) Five thousand dollars shall be paid by the
Developer_upon execution of this Agreement..
b) The balance or the sum of $10,000.00, together
with interest at the rate of ten per cent (10%)
per annum shall be paid to the City by the Developer
on or before the 31st day of October, 1987.
SECTION IV. That the Developer has contracted with Pack &
Co. to excavate, and Pack & Co. has excavated the trenches
necessary to extend the sanitary sewer service and City
water service to the property owned by the Developer at a
cost of: $9,626.37 and the Developer shall pay said amount
to Pack & Co.
SECTION V. That because of unforeseen technical difficulties
involved in installing sanitary sewer service the City engaged
Pack and Company to install, bed and backfill the sanitary
sewer service pipe from the Developer's property to the
first manhole north of the City's sewerage treatment plant
at a cost of $14,514.60 and the City shall pay to Pack &
Company said amount.
SECTION VI. That the City, further, engaged Pack & Company
to assist the City water --crew in installing the water line
from the City's main at the National Guard Armory to the
property line at the cost of $8,200.00 and the City shall be
responsible to pay Pack & Company said amount.
SECTION VII. That the City and Developer agree that the
Developer shall recover a reasonable portion of his investment
in the extension from persons, corporations or other entities
connecting to the sanitary sewer service and/or City water
service and it is hereby agreed that a reasonable amount to
be recovered is 75% of the Developer's investment ($41,878.00)
or the sum of $31,408.50.
SECTION VIII. That not withstanding Section VII above, the
Developer shall have seven (7) years from the date of this
Agreement in which to recover from persons, corporations, or
entities wishing to connect to the sanitary sewer service
and City water service extended by the City and Developer
under that certain Agreement dated July 14, 1984.
SECTION IX. That the City and Developer agree that any
person, corporation or entity, including subsequent owners
of City property on the easterly boundary of the Kalispell
City Airport, who, on or before 7 years subsequent to the
day of this Agreement, wishes to connect to the sanitary
sewer service or City water service constructed, installed
and extended by the City and the Developer under that certain
agreement dated July 14, 1984, shall pay to the Developer
the sum of $3,000.00 for each service so as to enable the
Developer to recover a portion of his investment in the
project.
SECTION X. Section VII and Section IX hereof, shall not be
construed so as to require the City to pay to the Developer
any fee, in the event the City connects to the water line,
herein referred to, with an extension of the Third Avenue
East water main as part of a City financed looped system.
SECTION XI. That subject to Section VII, Section VIII, and
Section IX the City shall not issue any permit for the
connection to cite sanitary sewer main or City water main,
extended under that certain Agreement dated July 14, 1984
unless and until the permittee shall present to the City
Public Works Department, a receipt signed by the Developer
or his designated agent, for $3,000.00, that amount being
the amount agreed to by the City and Developer as constituting
a fair and reasonable amount under Section IX, above.
SECTION XII. In addition to the amount payable to the
Developer, any subsequent permittee shall pay to the City
and the City shall receive payment for all established
connection fees, in accordance with the City's rate schedule,
for all parties connecting to either the sanitary sewer
service or City water service constructed, installed or main-
tained under that Agreement dated July 14, 1984, and the
City shall charge for service to all permittees in accordance
with established City rates.
SECTION XIII. From and after the date of this Agreement the
sanitary sewer service and City water service shall be the
property of the City and the City shall be responsible for
all repairs to and maintenance of said lines.
SECTION XIV. In the event of any controversy, claim or
ispute arising out of or relating to this Agreement, or the
manner or method of performance thereof or breach thereof,
the prevailing party shall be entitled in addition to any
other relief, a reasonable sum as attorney's fees and litigation
expenses. In the event neither party wholly prevails, the
party that substantially prevails shall be awarded a reasonable
sum as attorney's fees and litigation expenses. In determining
what is a reasonable sum for attorney's fees and litigation
expenses, the actual amount of the attorney's fees the party
is obligated to pay its attorney or attorneys shall be presumed
to be reasonable, which presumption is rebuttable, and actual
expenses incurred in the proceeding including all expenses
of a party for travel , etc. , shall be presumed to be reasonable,
which presumption is rebuttable.
SECTION XV. That this Agreement shall expire, and thereafter
be of no force or effect, on the 3rd day of September ,
1993 and the Developer shall thereafter not be entitled to
recover any investment from permittees applying for connection
after that date.
SECTION XVI. This Agreement constitutes the entirety of
Agreement between the parties hereto. This Agreement shall
not be altered or amended, except by agreement in writing,
executed by the parties hereto.
ATTEST:
,,::: � �_- t , J/- - -
City Clerk -Treasurer
CITY OF KALISPELL
XnEd" Kenney W., Mayor
Robert Monk, Developer
STATE OF MONTANA )
ss
County of Flathead )
On this ✓� day of , 1986, before me, a Notary Public
in and for the State of Mo tana, personally appeared John "Ed"
Kennedy, Jr., and Don Halver, known to me to be the Mayor and City
Clerk -Treasurer of the City of Kalispell, a municipality, that
executed the within instrument, and acknowledged that such Mayor
and City Clerk -Treasurer respectively subscribed, s.e.a_led and
delivered said instrument as -the free and voluntary act of said
municipality, for the uses and purposes therein setforth, and that
they were authorized to execute the same on behalf of said munici-
pality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal, the day and year first above written.
Notary Public, Sfa'tg 6f Montana
Residing at Kalispell, Montana
My Commission Expires -�
STATE OF MONTANA
ss
County of Flathead )
On this day of C , 1986, before me, the undersigned,
a Notary Public for the S ate of Montana, personally appeared Robert
Monk, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the
same.
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
Residing at Kalispell, Montana
My Commission Expires ;7 -9 :j'e
d