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EmailsJim Hansz From: Bill Buxton [bbuxton@m-m.net] Sent: Wednesday, February 06, 2008 4:37 PM To: charball@kalispell.com Cc: jhansz@kalispell.com Subject: Fwd: Final LCA Exhibit A.doc Exhibit B.xls (14 AR-BC320-200 MVP Exhibit C.doc (19 KB) KB) 124143903.pdf mers Agreement. (44 KB) Charlie, Final LCA for Andy Miller is attached for your review per Jim Hansz's request. Please call with questions. Best Regards Bill William A. Buxton, P.E. Civil Engineering Department Manager Morrison-Maierle, Inc. 1228 Whitefish Stage Road PO Box 8057 Kalispell, Montana 59901 Phone: 406-752-2216 Fax: 406-752-2391 bbuxton@m-m.net >>> Bill Buxton 1/25/2008 9:44 am >>> Andy, Please call me when you get this. Thanks Bill William A. Buxton, P.E. Civil Engineering Department Manager Morrison-Maierle, Inc. 1228 Whitefish Stage Road PO Box 8057 Kalispell, Montana 59901 Phone: 406-752-2216 Fax: 406-752-2391 bbuxton@m-m.net 1 Jim Hansz From: Bill Buxton [bbuxton@m-m.net] Sent: Tuesday, January 29, 2008 1:34 PM To: charball@kalispell.com Cc: andy@globalemergingtechnologies.com; fcastles@kalispell.com; jhansz@kalispell.com Subject: Andy Miller late comers agreement questions Charlie Andy had some comments/concerns with the LCA that I need you to address since they are more legal in nature and not technical. I have attached the most current agreement for your information. 1. Paragraph F.3 states "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 for the purpose of receiving service from the connection prior to the date of this Agreement." Since the City has already allowed several connections how does this affect Andy? 2. Paragraph F.8 states "The City agrees not to allow any tapping into, connecting to or using of the Extensions for the purpose of receiving service from the connection 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." I think that Andy is concerned about getting paid for these connections. I told him that my interpretation of this is that after the agreement is executed the city will not allow connections without payment and that anybody that has connected previously will have to pay. However, he wants to hear it from the City. 3. Paragraph F.7 is reserved. I'm wondering if you could add language here that states that anyone connected prior to the finalization of this agreement will have to pay. This would address the concerns discussed previously. Just a thought. 4. Paragraph F.9 states "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..." Andy would like this to be 30 days. Can you call Andy directly at 406-270-0985 and talk with him about this changes? Thanks Bill William A. Buxton, P.E. Civil Engineering Department Manager Morrison-Maierle, Inc. 1228 Whitefish Stage Road PO Box 8057 Kalispell, Montana 59901 Phone: 406-752-2216 Fax: 406-752-2391 bbuxton@m-m.net 1 Jim Hansz From: Bill Buxton [bbuxton@m-m.net] Sent: Monday, January 14, 2008 8:31 AM To: Jim Hansz Subject: Re: OSS extension agreement Jim, I submitted the LCA to Andy and Frank some time ago for the City to work out the details for final signatures. Frank called me Friday with some questions and I returned his call today. We are scheduled to meet at 4:00 p.m. this afternoon. Best Regards Bill William A. Buxton, P.E. Civil Engineering Department Manager Morrison-Maierle, Inc. 1228 Whitefish Stage Road PO Box 8057 Kalispell, Montana 59901 Phone: 406-752-2216 Fax: 406-752-2391 bbuxton@m-m.net >>> "Jim Hansz" <jhansz@kalispell.com> 1/11/2008 8:40 am >>> Bill: Andy Miller called asking about the agreement and when they could expect to begin recovering costs? Please let me know the status of this, whether we owe you anything, and when we can expect to pt this to bed. I would like to get this done ASAP and so would Andy. Jim Hansz 1 Jim Hansz From: Bill Buxton [bbuxton@m-m.net] Sent: Wednesday, December 05, 2007 12:11 PM To: charball@kalispell.com; fcastles@kalispell.com; jhansz@kalispell.com; andy@ospreymedia.us Subject: US 93 Utilities Latecomers Agreement AR-BC32O_200 205_13O224.pdf Andy, Jim, Frank and Charlie: Please find attached the final late comers agreement for your review. I don't seem to have Jim Patrick's e-mail so I would appreciate it if someone could forward this to him for me. Best Regards Bill William A. Buxton, P.E. Civil Engineering Department Manager Morrison-Maierle, Inc. 1228 Whitefish Stage Road PO Box 8057 Kalispell, Montana 59901 Phone: 406-752-2216 Fax: 406-752-2391 bbuxton@m-m.net 1 Jim ansz From: Bill Buxton [bbuxton@m-m.net] Sent: Wednesday, December 21, 2005 11:26 AM To: jhansz@kalispell.com Cc: fcasties@kalispell.com; Tony Feilzer; Terry Richmond Subject: Re: Latecomer agreement for OSS utility extensions Jim, We will have the draft LCA to you later this afternoon or early tomorrow. I apologize for the delay ... I had hoped to get it to you sooner. The delay is mostly associated with dealing with some differences between OSS and West View Estates in the LCA, but yet trying to keep the agreement "standard". Let me give you some examples. 1. In the West View Estates LCA, we recognized that it did not make sense for the developer to pay himself for the EDUs associated with his development, so we subtracted the EDUs from West View Estates from the total that the water and sewer main could theoretically provide. As a result if the total EDUs that could be served were 2,000 and Mark was using 127 for West View, Mark would only be able to recover abut 94% of the cost (1873/2000) because the other 6% is being used by his development. Make sense? In the cast of WVE, we knew exactly what Mark was going to build ... 127 single family homes. For OSS, however, we have no idea what is going on or how much water and sewer will be used or generated. For this reason the developer (or maybe the future owners of the lots) may have to pay for the late comer fees in lieu of waiving them for this subdivision. This is how the LCA is being created for this project. 2. Because the minimum fire flow for WVE is 1,000 gpm and that everyone who connects to the water main serving this development will benefit from this fire flow, we considered this based fire flow to be "free" and subtracted it from the capacity of the water main before determining the number of EDUs that can be served. We have been struggling with this a bit, but ultimately decided that since 1,500 was the minimum commercial flow, this is the amount that everyone would get for "free". Anyway, these are the types of differences we have been trying to work through and come up with what we feel is a good recommendation. There are differences between this agreement and the LCA for WVE, but maybe we need to have two basic agreements, one for residential where the scope of the development is more defined and one for commercial with the scope is less defined. Once you and others have reviewed the draft we will need to discuss. Merry Christmas Bill William A. Buxton, P.E. Morrison-Maierle, Inc. 1228 Whitefish Stage Road PO Box 8057 Kalispell, Montana 59901 Phone: 406-752-2216 Fax: 406-752-2391 bbuxton@m-m.net >>> "Jim Hansz" <jhansz@kalispell.com> 12/21/2005 10:33:56 AM >>> Bill: I had a message from Andy Miller wanting information about the latecomer fees for the utility extensions. Have you 7/25/2008 had a chance to draft an agreement around the format used for Owl Corp? I think Andy is interested in some numbers to use in his finance discussions with the bank. We will need the calculation of capacity in residential units and amount used by OSS in order to identify the remaining capacity. Also need some preliminary costs figures. Let me know status of this. Thanks, Jim H 7/25/2008 ,MIN From: Bill Buxton [bbuxton@m-m.net] Sent: Tuesday, November 22, 2005 11:26 AM To: jhansz@kalispell.com; Terry Richmond Cc: charball@kalispell.com; fcastles@kalispell.com; jpatrick@kalispell.com Subject: Re: US 93 Utilities Developer Extension Agreement Jim, We will begin the LCA right away. Have not talked with Andy Miller recently regarding this issue so we don't know the status. Will follow up with him today. Bill William A. Buxton, P.E. Morrison-Maierle, Inc. 1228 Whitefish Stage Road PO Box 8057 Kalispell, Montana 59901 Phone: 406-752-2216 Fax: 406-752-2391 bbux'LOn@m-m.net >>> "Jim Hansz" <jhansz@kalispell.com> 11/22/2005 10:40:36 AM >>> Bill/Terry: I spoke with Jim Patrick this morning and he asked that we begin work to assemble the developer extension agreement for the US 93 utility extensions to Old School Station ASAP. There are several folks who want to hook on to the new sewer/water when built and we need to have the agreement in place for Andy and Paul to get their reimbursements. Would you please draft up an agreement using a template off the one you did for Mark Owens? I think this is the best model to use because it affords better protection for the City, the developers and also for the folks coming in later to hook on. Please let me know when you have something put together. Also, what is the status of the Stokes easement? Thanks, Jim H. 7/25/2008 From: Frank Castles [fcastles@kalispell.com] Sent: Monday, January 14, 2008 8:17 AM To: 'Jim Hansz'; 'Paul Burnham' Subject: US 93 South Water and Sewer Latecomers Agreement Bill Buxton will be here at 4:00pm today to discuss finalizing the subject agreement. Frank Castles, P.E. Deputy Public Works Director/Assistant City Engineer Phone:406-758-7724 7/25/2008 From: Jim Hansz Uhansz@kalispell.com] Sent: Wednesday, December 21, 2005 10:34 AM To: Bill Buxton Cc: fcastles@kalispell.com Subject: Latecomer agreement for OSS utility extensions I had a message from Andy Miller wanting information about the latecomer fees for the utility extensions. Have you had a chance to draft an agreement around the format used for Owl Corp? I think Andy is interested in some numbers to use in his finance discussions with the bank. We will need the calculation of capacity in residential units and amount used by OSS in order to identify the remaining capacity. Also need some preliminary costs figures. Let me know status of this. Thanks, IMM 7/25/2008 From: Jim Hansz Ohansz@kalispell.com] Sent: Tuesday, November 22, 2005 10:41 AM To: Bill Buxton; trichmond@m-m.net Cc: Charles Harball (charball@kalispell.com); fcasties@kalispell.com; James H. Patrick apatrick@kalispell.com) Subject: US 93 Utilities Developer Extension Agreement I spoke with Jim Patrick this morning and he asked that we begin work to assemble the developer extension agreement for the US 93 utility extensions to Old School Station ASAP. There are several folks who want to hook on to the new sewer/water when built and we need to have the agreement in place for Andy and Paul to get their reimbursements. Would you please draft up an agreement using a template off the one you did for Mark Owens? I think this is the best model to use because it affords better protection for the City, the developers and also for the folks coming in later to hook on. Please let me know when you have something put together. Also, what is the status of the Stokes easement? Thanks, Jim H. 7/25/2008 From: Terry Richmond [trichmond@m-m.net] Sent: Monday, May 21, 2007 4:29 PM To: Jim Hansz Subject: Re: Andy Miller and OSS Extension agreement Jim, Thanks for the note. Bill B. has been working on the extension agreement and we will be meeting with Andy on Wednesday to discuss it and other US 93 issues. Hopefully we can get things finalized soon and the agreement to you. Hope you had a good day. /TWR >>> "Jim Hansz" <jhansz@kalispell.com> 5/21/2007 11:42 AM >>> Terry: I meant to mention this some time ago... Andy stopped by to ask about the extension agreement for OSS ... schedule, drafting it, etc. He is anxious to get the reimbursements flowing soon. I advised him to contact you and let you know he'd like you to draft it ASAP after the costs are known. Bill Buxton drafted the Mark Owens agreement and this is the format we will follow for the OSS agreement. Did Andy call you? If not, maybe a call would be wise to jog him. 7/25/2008