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Memorandum August 18, 2009 T & T Development LLP Daniel R. Tuxbury and Timothy Tiffin 2615 Clark Missoula, MT 59801 RE: PURCHASE OF SEWER LOADING UNITS PER 1989 SUNLIGHT DEVELOPMENT CO. AGREEMENT Dear Mr. Tuxbury and Mr. Tiffin: Whereas, Sunlight Development Company entered into a municipal sanitary sewer agreement on March 20, 1989 and participated in the extension of the Rattlesnake Interceptor Sewer; and T & T Development, LLP purchased real property from and are successors in interest to Entech Inc./Sunlight Development Company; Whereas, sewer loading units were created under the 1989 municipal sanitary sewer agreement making T & T Development, LLP successors in interest to existing Sunlight Development Company sewer loading units. FURTHER, as of this date there are 62.5 unused sewer loading units remaining owned by T & T Development, LLP. The City of Missoula offers to purchase 62.5 sewer loading units at $900.00 per unit payable over four years. The total purchase price is $56,250.00 and will be paid out by the following schedule: Year 1 (September 2009) 17.5 units $15,750 Year 2 (September 2010) 15.0 units $13,500 Year 3 (September 2011) 15.0 units $13,500 Year 5 (September 2012) 15.0 units $13,500 Total 62.5 units $56,250 T & T Development LLP agrees to sell these remaining 62.5 sewer loading units and will submit an invoice along with a bill of sale for the appropriate number of units certificates to the City of Missoula in July of each year in order to be paid by the first of September. In order to accept this purchase offer, please sign and date below and return to the Mayor's Office. This offer is contingent upon final approval by the City Council and signature by the Mayor. If you have any questions, please do not hesitate to contact me at 552-6001. Sincerely, Bruce T. Bender Chief Administrative Officer OFFICE OF THE MAYOR 435 RYMAN MISSOULA, MONTANA 59802-4297 ---PAGE BREAK--- cc: Steve King, Director of Public Works Kevin Slovarp, City Engineer Jolene Ellerton, Permit Specialist Nick Kaufman, WGM ---PAGE BREAK--- Offer Acceptance: T & T DEVELOPMENT LLP signature on file 8/21/09 Daniel R. Tuxbury Date signature on file 8/21/09 Timothy Tiffin Date CITY OF MISSOULA FORM and CONTENT APPROVED Jim Nugent, City Attorney Date Approved by: Date John Engen, Mayor Attested by: Date Martha L. Rehbein, City Clerk