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Resolution 4967 - Developer's Extension Agreement - West View Estates SubdivisionRESOLUTION NO.4967 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A DEVELOPER'S EXTENSION AGREEMENT ON BEHALF OF THE CITY WITH OWL CORPORATION FOR THE EXTENSION OF MUNICIPAL WATER AND SEWER SERVICES TO THE WEST VIEW ESTATES SUBDIVISION. WHEREAS, the extension of services policy of the City allows the City to enter into a developer's extension agreement in which the developer agrees to expend the funds to extend City utility services to and through the developer's project with an agreement from the City to repay the developer, from newcomer's charges, his costs for the capacity that exceeds the project's needs; and WHEREAS, Owl Corporation is agreeing to extend the City's municipal water and sewer service through Section 36 and through the West View Estates Subdivision; and WHEREAS, the developers extension agreement that is proposed with the Owl Corporation has a term of 17 years and provides adequate capacity for growth and build out within Section 36 and those areas immediately surrounding and including the West View Estates Subdivision; and WHEREAS, the developer's extension agreement that is proposed with the Owl Corporation is consistent with the extension of services policy of the City, is fair and equitable to the developer and is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. The City Manager is hereby authorized to enter into a Developer's Extension Agreement with Owl Corporation in which the Kalispell municipal water and sewer will be extended to the West View Estates Subdivision by Owl Corporation and in which the City agrees to reimburse Owl Corporation over time from newcomer fees received by the City for the developer's costs that exceed the needed water and sewer capacity of the West View Estates Subdivision. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 20'h DAY OF DECEMBER 2004. Pamela B. Ke dy Mayor ' ATTEST: Theresa White City Clerk