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Staff Report/Final Plat Phase 1APlanning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispeU.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Nicole C. Johnson, Planner II James H. Patrick, City Manager SUBJECT Final Plat for Timberwolf Center Phase IA MEETING DATE: October 6, 2008 BACKGROUND: This is a request for final plat approval of Lot 1 of the Timberwolf Center (Phase 1A) commercial subdivision. The 7.9 acre lot will provide a location for the new Department of Natural Resources and Conservation (DNRC) / Department of Environmental Quality (DEQ) campus and is located along the east side of Stillwater Road just south of the new Forest Service building in Section 36. The property can be legally described as Lot 1 of the Timberwolf Center, Phase lA located in the Northwest 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Preliminary plat approval for this subdivision was granted by the Kalispell City Council on March 17, 2008 subject to 25 conditions of approval. At this time, initial grading, foundation and utility work has been started, but no major site improvements have been completed. A Subdivision Improvement Agreement (SIA) has been submitted for the infrastructure required to serve the subdivision and a performance bond was provided in the amount of $425,000 (125% of the estimated cost) to guarantee the work is completed by September 2009. The SIA includes items such as the temporary T-intersection for Timberwolf Parkway at Stillwater Road, Timberwolf Parkway, drainage, sidewalks, curbs, gutters, sewer, water, and landscaping for the first phase of the subdivision. The bike path along Stillwater Road has also been included in the SIA. Two separate instruments - a Memorandum of Understanding (MOU) and a Memorandum of Agreement (MOA) - are being used to ensure the necessary upgrades to Stillwater Road are completed (including a future roundabout at the intersection of Stillwater/Timberwolf Parkway) and an existing well and water rights are transferred to the city. Additionally, a Special Improvement District (SID) will be created for the roundabout which commits the DNRC to pay for their half of the roundabout when the Starling subdivision located on the west side of Stillwater Road is ready to construct. The DNRC has waived their right to protest the implementation of a future Special Improvement District. RECOMMENDATION: A motion to approve the final plat for Timberwolf Subdivision Phase IA and to accept the Subdivision Improvements Agreement with the securities totaling $425,000 would be in order. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: As suggested by the city council. Respectfully submitted, L �'► Nicole C. John44 Planner II Report compiled: September 30, 2008 es H. Patrick City Manager Attachments: Letter of transmittal Final plat application and supporting documents 2 Return to: Theresa White Kalispell City Clerk 201 1" Avenue East Kalispell, MT 59901 APPENDIX E (1) SUBDIVISION IMPROVEMENT AGREEMENT — PHASE lA THIS AGREEMENT, made and entered into this day of , 20 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and State of Montana, Dept. of Natural Resources and Conservation, (Name of Developer) a State Agenc- (Individual, Company or Corporation) located at 1625 Eleventh Avenue, (Street Address/P. O. Box) Helena, Lewis & Clark County, Montana, 59620-1601 (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Timberwolf Center (Name of Subdivision) located at NW1/4. Section 36, Township 29N. Range 22W in the jurisdiction of the Springy; Prairie PUD (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Timberwolf Center Phase IA, (Name of Subdivision) upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of$339,594.00. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $425,000.00. Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following a. That the creditor guarantees funds in the sum of $339,594.00 the estimated cost of completing the required improvements in Timberwolf Center Phase IA. (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by September 30, 2009. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City, c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. State of Montana, Department of Natural Resources & Conservation (NameRf Subdivision/peveloper/Firm) by STATf OF MONTANA COU14TY OF ` y4 Q.O A_ On this day of , 20-h K before me, a Notary Public for the State of Montana, personally appeare� _ known to me to be the bcnl,A.V 'j!VCt' t'- of time , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Itary Publi a State of ontana w` P A I ted Fl1l�( \ Coest�E� �� Residing at 4CLIC-- W r.. My Commission Expires 61-11e -ZIE { MAYOR, CITY OF KALISPELL ATTEST: MAYOR CITY CLERK EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving 4 9/30/09 $79,277 Street Base 4 9/30/09 $29,780 Sidewalks 9/30/09 $11,250 Curbs and Gutters 9/30/09 $11,920 Sanitary Sewers Mains 11/15/08 $22,500 =' Other ( ) On -Site, -Sewage Facilities Water Systems Mains 10/15/08 $90,557 Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants 10/15/08 $12,000 Storm Sewer or. 9/30/09 $64,310 Drainage Facilities Street Signs 9/30/09 $600 Street Lighting 9/30/09 $17,400 Street Monuments Survey Monument Boxes Landscaping/Boulevard trees Other () SUBTOTAL $339,594 FEES $ 0 TOTALS COSTS $339,594 TOTAL COLLATERAL (TOTALS COSTS X 125%) $424,492 EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving 4 9/30/09 $70,810 Street Base q 9/30/09 $27,260 Sidewalks Curbs and Gutters Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Systems Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/Boulevardtrees Other (Bike Path) 9/30/09 9/30/09 11/15/08 4 10/15/08 10/15/08 �l 9/30/09 �l 9/30/09 9/30/09 9/30/09 $11,250 $11,920 $22,500 $90 $12 $64,310 $600 $17,400 $10,987 SUBTOTAL $339,594 FEES $ 0 TOTALS COSTS $339,594 TOTAL COLLATERAL (TOTALS COSTS X 125%) $424,492 COST ESTIMATE - TIMBERWOLF CENTER PHASE 1A Offsite Infrastructure - Stillwater Road, Timberwolf Parkway, Water & Sewer Kalispell, Montana August 16, 2008 ITEM DESCRIPTION QTY UNITS SEI ESTIMATE UNIT PRICE TOTAL ROADWAY IMPROVEMENTS Street Grading/Paving (including bikepath) Earthwork (Including Topsoil Striping and Stockpiling) 7,600 CY $4.00 $30,400.00 Bituminous Surface Course 776 TON $32.00 $24,832.00 Bituminous Material 50.4 TON $400.00 $20,160.00 Prime Coat 5.7 TON $450.00 $2,565.00 Tack Coat 1.6 TON $450.00 $720.00 Pavement Markings 400 SF $1.50 $600.00 Subtotal $79,277.00 Sidewalks 4" Sidewalk w/ 6" Underlying Base Course 1,770 SF $5.00 $8,850.00 ADA Truncated Domes 48 SF $50.00 $2,400.00 Subtotal $11,250.00 Curb & Gutter Standard Curb and Gutter 745 LF $16.00 $11,920.00 Subtotal Street Base Sub -Base Course 785 CY $16.00 $12,560.00 Crushed Base Course 615 CY $28.00 $17,220.00 Subtotal $29,780.00 Stone Sewer 12" RCP (Class 5) 165 LF $40.00 $6,600.00 24" RCP (Class 3) 720 LF $48.00 $34,560.00 14" SDR 35 PVC Storm Drain Pie 25 LF $34.00 $850.00 30" Drop Inlet 3 EA $1,050.00 $3,150.00 48" Drop Inlet 3 EA $1,800.00 $5,400.00 48" Storm Drain Manhole 1 EA $1,800.00 $1,800.00 60" Storm Drain Manhole 4 EA $2,800.00 $11,200.00 Rip Rap Class I 10 CY $75.00 $750.00 Subtotal $64,310.00 Street Signa e Street Signs 1 LS $600.00 $600.00 Street Lighting I" Conduit for Underground Electrical of Telephone 600 LF $2.25 $1,350.00 Trench for 6"/4"/l" Conduit 600 LF $1.75 $1,050.00 Luminaire and Pole w/ Base 3 EA $5,000.00 $15,000.00 Subtotal $17,400.00 SUBTOTAL - ROADWAY IMPROVEMENTS $214,537.00 WATER MAIN IMPROVEMENTS Water Mains 14" C900 PVC Waterline E. of Stillwater 932 LF $36.00 $33,552.00 12" C900 PVC Waterline 545 LF $33.00 $17,985.00 8" C900 PVC Waterline 475 LF $30.00 $14,250.00 6" C900 PVC Waterline 145 LF $26.00 $3,770.00 14" Butterfly Gate Valve w/ Box 5 1 EA $2,250.00 $11,250.00 12" Gate Valve w/ Box 3 EA $1,750.00 $5,250.00 8" Gate Valve w/ Box 3 EA $1,500.00 $4,500.00 Subtotal $90,557.00 Fire Hydrants 6" Gate Valve w/ Box 3 EA $1,250.00 $3,750.00 Fire Hydrant 3 EA $2,750.00 S8,250.00 Subtotal $12,000.00 SUBTOTAL - WATER MAIN IMPROVEMENTS $102,557.00 SANITARY SEWER MAIN Earthwork 8 ft Wide Access Road 100 CY $4.00 $400.00 8" SDR 35 PVC Sewer Line 620 LF $25.00 $15,500.00 48" Sewer Manhole 2 EA $2,000.00 $4,000.00 Connection to Existing Manhole 1 EA $800.00 $800.00 Crushed Base Course (8 ft Wide Access Road) 100 CY $18.00 $1,800.00 SUBTOTAL - SANITARY SEWER MAIN IMPROVEMENTS $22,500.00 SUBTOTAL - OFFSITE INFRASTRUCTURE $339,594.00 TOTAL COLLATERAL COST (125%) $424,492.50 BIKE PATH BREAKDOWN Earthwork (Including Topsoil Striping and Stockpiling) 120 CY $4.00 $480.00 Crushed Base Course 90 CY $28.00 $2,520.00 Bituminous Surface Course 126 TON $32.00 $4,032.00 Bituminous Material 8.2 TON $400.00 $3,280.00 Prime Coat 1.2 TON $450.00 $540.00 Tack Coat 0.3 TON $450.00 $135.00 SUBTOTAL - BIKE PATH VALUE $10,987.00 Street Grading/Paving (excluding bike path) $70,810.00 Street Base (excluding bike path) $27,260.00 f i STATE OF MONTANA DEPARTMENT OF ADNIINISTRATION ORIGNAL ARCHITECTURE AND ENGINEERING DIVISION 1520E Sixth Ave • P 0 Box 200103 ••Helena MT 59620-0103 D11nn.. Ann AAA-11r1A . I7.,... A,14 AAA '2 rnA t3UND No. U128/9U_--- PERFORMANCE BOND - ROAD IMPROVEM-ENTS KNOW ALL MEN BY THESE PRESENTS, that we: rr Hammerquist Casalegno (Contractor), hereinafter called the Principal, and Berkley Regional Insurance Company (Surety), a corporation licensed.to do business as a surety under the laws of the State of Montana, hereinafter called Surety, are held and firmlybound: unto the State. of. Montana and -the City of Kalispell as dual--obligoes in the full and just sum of: Four Hundred and Twenty Five Thousand and NO Hundreds Dollars $425,000.00 [numbervin alphal DOLLARS ( ) (cost for roadway and utility work associated -with improvements to Stillwater,. Road and Timberwolf,. Parkway only) as identified in the contract:enumerated-below to be paid to the State of Montana or the City of Kallspell-or their assigns, to which payment we bind ourselves,, heirs, executors, administrators, successors and assigns, jointly; -severally, firmly by this bond. WHEREAS, the Principal has entered into a contract with the State of Montana, acting by and through its Director, Department of Administration dated And whereas it is one of the conditions of the award of the contract pursuant to statutes that this bond be executed for the improvements to Stillwater Road and Farmstead Parkway as identified in the contract enumerated below for the Project entitled: Road and Utilty Work - Stillwater Road and Timberwolf [PROJECTNAME] In Connection with Kalispell DNRC/DEQ Co -Location [AGENCYNAMEj AE Project # 27-38-01 (AIE PROJECT #] NOW, THEREFORE, the conditions of this obligation are such that if the above Principal as Contractor shall promptly"and faithfully perform all of the provisions of the contract, and all obligations thereunder including the specifications, and any alterations provided for, and shall in a manner satisfactory to the State of Montana, complete the work contracted for including any alterations, and shall save harmless the State of Montana from any expense incurred through the failure of the Contractor to complete the work as specified, then this obligation shall be void; otherwise it shall remain in full force and effect. The surety hereby waives notice of any oxtonsion of time and any alteratio do in the term- of the contract, unless the Verified by: Architecture & Engineering. Div. Department of Administration State of Montana )ject cost to excee he riginal r rac m by more than 10%. Contractor: (si ature) ammerquist Casalegno (print name) 7-17 (date) Surety:. Berkley Reg2ional Insurance Company (print name) —7/1.7/20Q8 (date) �6 (Att mey-in-Fact, seal &signature) Efd Heine, Attorney-in-F a -_-.. (Agency) Payne Financial Groin, Inc.i (Street Address) 145 West Front Street (AddMissoula, MT 59802 (Phone/Fax) 406-532-5911/406-721-4241 3:\Share\Projecl_Files\38. Dept, ofiNRG\27,38-01, Go -Locate Kalispell DNRG-DEQ\273801—Form 112_Performance±_Bond=Road Improvements.doeFORM i 12 .-Last form revision (12.01r2008)- Page .11of VP DUAL OBLIGEE RIDER To be attached to and forma part of contract bond number .0128790 issued by the Berkley Regional Insurance Company on behalfof Hammerguist &Qasalea in the amount of Four Hundred Twenty Five Thousand Dollars and 00/100 Dollars($ 425,000.00 } and dated July 17, 2008 in favor of State of Montana in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration receipt of which is hereby acknowledged, the Undersigned hereby agree as follows: 1. The City of Kalispell, Montana is hereby added to said bond as an additional obligee. 2. The Surety shall not be liable under this bond to the Obligee, or either of them unless the said Obligees, or either of them, shall make payments to the Principal strictly in accordance with the terms of the said contract as to payments, and shall perform all other obligations to be performed under said contract at the time and in the manner therein set forth. 3. No suit, action or proceeding by reason of any default whatever shall be brought on this bond after two (2) years from the day on which the final payment under said construction contract falls due. 4. Aggregate liability of Surety hereunder to Obligees is limited to the penal stun above stated and Surety, upon making payment hereunder, shall be subrogated to, and shall be entitled to an assignment of all rights of the payee with respect to the particular obligation discharged by the payment, either against principal or against any other party liable to the payee on the discharged obligation. Signed, Sealed and Dated this 17th day of July , 2008 State of Montana By City of Kalispell, Montana By Hammerquist & Casalegno Berkley Regional Insurance Company BY ;44.� Ed eine Attorney -in -Fa. t PRINTED IN U.S.A. I POWER OF ATTORNEY ' No. 7806 BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, Connecticut, has made, constituted and appointed, and does by these presents make, constitute and appoint: Ed Heine, Kerry Heine, George S. Seaton or Aimee N. Cavill of Payne Financial Group, Inc. of Missoula, MT its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Thirty Million and 00/100 Dollars ($30,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and qualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this eday of r r f L s rT , 2008. _ 1 Attest: -- Berkley Re 1 Insurance Company d (Seal) By -- - By Ira S. Lederman Robert P. Cole Senior Vice President & Secretary Senior Vice President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. STATE OF CONNECTICUT ) ) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this day of %~z _ , 2008, by Robert P. Cole and Ira S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of Berkley Regional Insurance Company. EILEEN KILLEEN NOTARY PUBLIC Notary " uhlic, Siate of Connecticut MY COMMISSION EXPIRES JUNE 30, 9M2 CERTIFICATE. 1, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO PIER-EBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney; that said a=ovver of Attorney has not been revoked or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this r day of _ (Seal) John F. Leg Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispeU.com/planning October 1, 2008 James H. Patrick, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59903 Re: Final Plat for Timberwolf Center, Phase lA Dear Jim: This is a request for final plat approval of Lot 1 of the Timberwolf Center (Phase IA) commercial subdivision. The 7.9 acre lot will provide a location for the new Department of Natural Resources and Conservation (DNRC)/Department of Environmental Quality (DEQ) campus and is located along the east side of Stillwater Road just south of the new Forest Service building in Section 36. The property can be legally described as Lot 1 of the Timberwolf Center, Phase lA located in the Northwest 1/4 of the Southwest 1/4 and the Southwest 1/4 of the Northwest 1/4 of the Northwest 1/4 of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. Preliminary plat approval for this subdivision was granted by the Kalispell City Council on March 17, 2008 subject to 25 conditions of approval. At this time, initial grading, foundation and utility work has been started, but no major site improvements have been completed. A Subdivision Improvement Agreement (SIA) has been submitted for the infrastructure required to serve the subdivision and a performance bond was provided in the amount of $425,000 (125% of the estimated cost) to guarantee the work is completed by September 2009. The SIA includes items such as the temporary T-intersection for Timberwolf Parkway at Stillwater Road, Timberwolf Parkway, drainage, sidewalks, curbs, gutters, sewer, water, and landscaping for the first phase of the subdivision. The bike path along Stillwater road has also been included in the SIA. Two separate instruments - a Memorandum of Understanding (MOU) and a Memorandum of Agreement (MOA) - are being used to ensure the necessary upgrades to Stillwater Road are completed (including a future roundabout at the intersection of Stillwater/Timberwolf Parkway) and an existing well and water rights are transferred to the city. Additionally, a Special Improvement District (SID) will be created for the roundabout which commits the DNRC to pay for their half of the roundabout when the Starling subdivision located on the west side of Stillwater Road is ready to construct. The DNRC has waived their right to protest the implementation of a future Special Improvement District. COMPLIANCE WITH CONDITIONS OF APPROVAL: Condition 1. Development of the subdivision shall be platted in substantial compliance with the preliminary plat as amended and approved which governs the location of lots and roadways within the subdivision and shall be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD). • This condition is met. The final plat has been prepared in general compliance with the preliminary plat approved in March of 2008 with the following exceptions: 1. The alignment and right-of-way for Timberwolf Parkway has been shifted south to align with Farmstead Parkway; this shift requires the acquisition of right-of- way from the property owner to the south (Grosswiler Dairy). 2. The right-of-way at the corner of Timberwolf Parkway has been revised to accommodate a future roundabout treatment for the intersection with Stillwater Road. 3. Lot 2, Phase 1B and adjacent right-of-way is being shown as future phases. 4. Five-foot dry utility easements have been changed to 10-foot easements per the request of the Public Works Department. 5. The easement for the future pump house on Lot 2 has been shifted east per the request of the Public Works Department. 6. A five-foot easement has been added adjacent to the Stillwater Road right-of-way contiguous to Lot 1 to accommodate all of the meandering bike path within public right-of-way or easement. Note: All of the changes are a result of coordination with the city and/or compliance with conditions of approval. Condition 2. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact, Section C) This condition is met. The project is currently operating under the City Stormwater Management Permit SW08-094 and a copy of the State NOI and SWPPP was submitted to the Public Works Department as required. Susie Turner, Kalispell's Stormwater Engineer, confirmed that this condition is met in an email dated September 11, 2008. Prior to final plat: Condition 3. The project site's frontage along Stillwater Road (as well as frontage along the Forest Service lease site to the north if bonding is in place) and Timberwolf Parkway shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer 2 licensed in the State of Montana. All design work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, street trees, boulevard and sidewalk and shall be installed along Stillwater Road and Timberwolf Parkway. New infrastructure shall tie into the existing street infrastructure. Note: Bike/pedestrian path in lieu of a sidewalk along the Stillwater Road frontage that ties into the bike/pedestrian path to the north on the Forest Service lease site is required. Additionally, sidewalks and landscaping other than seeding are not required on the southern portion of Timberwolf Parkway. (Findings of Fact, Section D) The project's site frontage along Stillwater Road and Timberwolf Parkway are proposed to be improved in accordance with the above mentioned standards and certified by a licensed professional engineer. The Public Works Department has approved the planned improvements to both roads, including the temporary and final treatments for the intersection of Stillwater Road, Farmstead Parkway and Timberwolf Parkway (Reference email from Paul Burnham, Asistant City Engineer dated September 25, 2008). The approval was based on the construction drawings titled Timberwolf/Farmstead Roundabout and DNRC/DEQ Co -Location (T- Intersection). Condition 4. Stillwater Road shall be improved and include a bike/pedestrian path from the south boundary to the north boundary of the State Trust Land property and to the north boundary of the Forest Service lease site should bonding be in place at the final plat stage of Phase IA of the proposed project. If no bonding is in place, the frontage along Stillwater Road shall be improved, including a bike/pedestrian path, along the entire frontage of the School Trust Land site prior to final plat of Phase IA. The improvements must be completed within 18 months of preliminary plat approval. (Findings of Fact, Section D) This condition is met. The bike path along Stillwater Road is planned to be installed by September 2009 and adequate financial security is provided in the SIA. Condition 5. An additional 10 feet of right-of-way shall be dedicated along Stillwater Road. This additional right-of-way shall be shown on the face of final plat map. (Findings of Fact, Section D) • This condition is met. The additional 10 feet of right-of-way is shown on the face of the final plat. Condition 6. Access directly from Phase IA, Lot 1 onto Stillwater Road is prohibited. (Findings of Fact, Section D) This condition is met. Access is being provided to the Timberwolf Center via Timberwolf Parkway. A note also appears on the face of the final plat that states "Direct access from Lot 1 on to Stillwater Road is prohibited." Condition 7. A Traffic Impact Study shall be completed to address traffic volumes potentially generated by the Timberwolf Center and suggested design and any required mitigation shall be incorporated. The Traffic Impact Study shall be submitted for review and approval to the Public Works Department prior to submittal of the intersection and road upgrade plans related to the Timberwolf Center project. This must be completed for the Timberwolf Center (phases 1 and 2) prior to final plat for Phase IA of the Timberwolf Center project. (Findings of Fact, Section D) • This condition is met. A Traffic Impact Analysis for the Timberwolf Center Subdivision was submitted to the City of Kalispell Public Works Department on July 8, 2008. An email sent by Frank Castles, Deputy Director of Public Works, on September 8, 2008 verifies that the Traffic Impact Study, including the roundabout design has been reviewed and approved by the Public Works Department. Condition S. The intersection of Stillwater Road, Farmstead Parkway and Timberwolf Parkway shall be completed prior to final plat approval of Phase IA. The design and construction shall be coordinated with the Starling development to ensure efficient and safe completion of the intersection. Note: Additional land may need to be acquired to accomplish a suitable fully functional intersection. (Findings of Fact, Section D) • This condition is met. Two intersection designs have been proposed in this phase of the development and have been approved by the Public Works Department. Initially a T-intersection is planned for Timberwolf Parkway at Stillwater Road and the improvements have been included in the SIA. When the Starling subdivision develops on the west side of Stillwater Road, a roundabout will be constructed for the intersection of Farmstead Parkway, Stillwater Road and Timberwolf Parkway to replace the T-intersection. The temporary T-intersection allows for the development of a functional intersection until Starling develops and also allows for cost sharing of the roundabout. An email from Greg Stratton, Vice President in Montana for the Aspen Group, developers of the Starling subdivision, dated August 20, 2008 documents their support for the use of a roundabout at the subject intersection. • Additional land was needed for the future roundabout treatment from the Grosswiler property to the south. A Right-of-way Easement Agreement was drafted so that once the Grosswiler property immediately south of Lot 1 annexes into the City of Kalispell, the easement will be given to the City at that time (Reference ROW Easement Agreement dated September 17, 2008). Condition 9. Timberwolf Parkway shall be graded and constructed in a manner that would allow any future connection to the property to the south feasible. (Findings of Fact, Section D) • This condition is met. The approved construction plans show appropriate grades for Timberwolf Parkway. Condition 10. Water and sewer main extension shall be reviewed and approved by the Kalispell Public Works Department. The plans shall be reviewed and approved for facilities that serve Lot 1 (Phase 1A) and Lot 2 (Phase 1B) of the School Trust Land site prior to final plat of Phase 1 of the Timberwolf Center project. (Findings of Fact, Section D) • This condition is met. A letter from Paul Burnham, Assistant City Engineer, dated August 5, 2008 approves the construction plans and specifications, including the water and sewer main extensions, for the Timberwolf Center project. Condition 11. Easements for water and sewer lines shall be dedicated to the City of Kalispell and shown on the approved utility plans for facilities serving lots 1 and 2 of the 11 Timberwolf Center project. The easement widths shall meet the requirements of the Kalispell Public Works Department. (Findings of Fact, Section D) This condition is met. The utility easements are dedicated to the City of Kalispell on the final plat and meet the department's requirements. Condition 12. The water rights allocated to the developer (owner), both surface and ground, shall be transferred to the city to the fullest extent possible in compliance with applicable statutes and regulations with the filing of the final plat of Phase IA, Lot 1, to insure the orderly accounting of water rights and to protect the future water need of the City of Kalispell for its users. A rectangular easement shall be provided along the south boundary of Phase 113, Lot 2 encompassing the existing well site. This easement shall be large enough to contain a well house approximately 26 feet by 24 feet with due consideration to the setback limits imposed by the zoning requirements. In addition within the same easement, a clear space of 20 feet shall be provided around the well head. A well head protection zone shall be provided and shown on the final plat of lots 1 and 2. This well head protection zone shall meet the requirements of Montana Department of Environmental Quality Standards for Water Works DEQ 1, Paragraph 3.2.3 (February 24, 2006 Edition). Findings of Fact, Section D) This condition is met. A Memorandum of Agreement between DNRC and the City of Kalispell, Public Works Department was put into effect on September 19, 2008 to ensure the well and water rights are secured while paperwork is being completed for the appropriation and change in ownership. The agreement guarantees that the well house, water rights and associated easements are transferred to the City. The agreement was based on a study conducted by Roger A. Noble, Applied Consulting, who was hired by the City of Kalispell (Reference Timberwolf Center Subdivision Water Right Appropriation dated September 9/9/08). Condition 13. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. (Findings of Fact, Section D) • This condition is met. Final plans and specifications for storm drain and storm water facilities on Lot 1, Timberwolf Parkway, and Stillwater Road; and the Storm Water Report for the associated improvements were submitted to the Public Works Department on July 8, 2008. Susie Turner, Stormwater Engineer for the Kalispell Public Works Department, approved the plans in a letter dated September 15, 2008. Condition 14. The approved engineered drainage report and design, in accordance with City of Kalispell standards, shall be completed for the entire development (roadways, stormwater storage facilities and stormwater systems) prior to final plat for Phase lA of the Timberwolf Center. (Findings of Fact, Section D) This condition is met. Preliminary plans for future construction of Timberwolf Parkway, Wolfpack Way, storm drain and storm water facilities, water mains, sewer mains, and the Storm Water Report for the entire subdivision were submitted on July 8, 2008. A letter from Paul Burnham, Assistant City Engineer, dated August 5, 2008 approves the construction plans and specifications for the Timberwolf 5 Center project. Susie Turner confirmed this in a letter dated September 15, 2008. The improvements are included in the SIA. Condition 15. A letter shall be obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). This condition is met. A letter from Paul Burnham, Assistant City Engineer, dated August 5, 2008 approves the construction plans and specifications for the Timberwolf Center project. Condition 16. Prior to final plat, the full design for Timberwolf Parkway from Stillwater Road to Reserve Loop shall be reviewed and approved by the Public Works Department and shall include drainage, stormwater, water and sewer facilities as well as road elevations and road designs, etc. (Findings of Fact Section, Section D) This condition is met. Preliminary plans for the future construction of Timberwolf Parkway and Wolfpack Way from Stillwater Road to Reserve Loop were submitted to the Public Works Department on July 8, 2008 for review. A letter from Paul Burnham, Assistant City Engineer, dated August 5, 2008 approves the construction plans and specifications for the Timberwolf Center project. Susie Turner confirmed this in a letter dated September 15, 2008. Condition 17. A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell Sub Regs. Sections 3.09, 3.11 - 3.15). This condition is met. All of the improvements have been bonded for and therefore not completed. The public infrastructure required to service Lot 1 in this phase of the project will be constructed under the prime contract in conjunction with the DNRC/DEQ Co -location building and site work. All plans have been certified by a licensed engineer and a SIA has been prepared and a performance bond provided in the amount of $425,000 to guarantee these improvements are completed by September, 2009. The SIA and security are effective until November 2009. Condition 18. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." • This condition is met. The note has been placed on the face of the final plat. Condition 19. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). This condition is met. The approved construction plans call for the utilities to be installed underground. Condition 20. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within G the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11). • This condition is met. A letter from Chad Fincher, Kalispell Parks Superintendent, dated August 13, 2008 approves the landscaping plans for the DNRC project. Condition 21. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20; Findings of Fact, Section D). a. Water mains designed to provide required fire flows shall be installed per City specifications at approved locations. Fire flows shall be in accordance with International Fire Code, Appendix B. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. c. Fire Department access shall be provided in accordance with International Fire Code Chapter 5. d. Street naming shall be approved by the fire department. e. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. f. Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. • This condition is met. A letter from D.C. Haas, Assistant Fire Chief and Fire Marshall, dated September 9, 2008 indicates that the requirements identified above have been met and the project as proposed is approved. On -going Conditions: Condition 22. All areas disturbed during development shall be re -vegetated with a weed - free mix immediately after development. • This condition is met. Seeding requirements conforming to this condition have been included in the Landscape Drawings for the project. Condition 23. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8 and a note shall be placed on the face of the final plat stating that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. • This condition is met. The required note appears on the face of the final plat. Condition 24. The preliminary approval for Phase lA shall be valid for a period of three years from the date of approval. Preliminary plat approval for Phase 1B shall be valid for two years from the date of final plat approval for phase IA. (Kalispell Sub. Regs. Section 2.04 (E)(7). II This condition is met. The preliminary plat for this two lot subdivision was approved by City Council on March 17, 2008 and will be valid until March 17, 2011. Condition 25. The integrity of Wolfpack Way shall be maintained and designed and constructed in substantial conformance with the alignment indicated on the preliminary plat of Glacier High School. This condition is met. School District No. 5 was included in the conceptual planning for future phases of the Timberwolf Center Subdivision. This effort included review and comment on future lot layouts, roadway alignments and sidewalks/bike paths_ An email was received from Chuck Cassidy representing the School District on March 14, 2008 agreeing to the revised conceptual plan and provisions for future development of the Timberwolf Center subdivision. The agreed upon plan established Timberwolf Parkway as the primary roadway through the development from Stillwater Road at the intersection of Farmstead Parkway to Reserve Loop at the original intersection of Wolfpack Way. Wolfpack Way was re- aligned to connect Timberwolf Parkway via a T-intersection near the eastern portion of the subdivision. (Reference DNRC letter dated May 10, 2008, Stelling Engineers letter dated March 12, 2008, Conceptual Plan and School District No. 5 approval email dated March 14, 2008) COMPLIANCE WITH APPROVED PRELE IINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. All taxes are current. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-5/PUD zoning designation. RECOMMENDATION: All of the conditions of preliminary plat staff recommends subdivision. Please possible. You may matter. that the Kalispell schedule this matte call me at 758-794 0 approval have been adequately addressed. The City Council approve the final plat for this r for the October 6, 2008 city council agenda if if I can be of assistance to you regarding this Sincerely, Nicole C. Johnson Planner II Attachments: 1 opaque Mylar of final plat 1 reproducible Mylar of final plat 1 blueline of final plat 11 x 17" copy of plat Final plat application dated 3/ 17/08 Letter from Stelling Engineers, Inc. dated 8/7/08 Letter from Stelling Engineers, Inc. dated 9/5/08 Letter from Stelling Engineers, Inc. dated 9 / 17 / 08 Letter from Stelling Engineers, Inc. dated 9/ 19/08 Letters from Susie Turner dated 9/ 15/08 (2) Title Report (Sterling # CG-48916) Treasurer's certification dated 9/ 15/08 MDEQ Exemption dated 8/ 13/08 Email from Susie Turner 9 / 11 / 08 Subdivision Improvement Agreement dated 8 / 26 / 08 Performance Bond for $425,000 Contract with Hamerquist Casalegno (Notice to Proceed) Letters from Public Works dated 8/5/08 (3) Email from Paul Burnham dated 9/25/08 Email from Frank Castles dated 9 / 8 / 08 Email from Greg Stratton 8 / 20 / 08 MOU for the roundabout and Stillwater improvements dated 9/25/08 ROW Easement Agreement dated 9/ 17/08 Memorandum of Agreement (water rights) dated 9/ 19/08 Timberwolf Center Sub. Water Right Appropriation dated 9/9/08 Letter from Parks and Recreation Dept. dated 8/ 13/08\ Letter from the Kalispell Fire Dept. dated 9/9/08 Letter from the DNRC dated 3/ 10/08 Letter from Stelling Engineers, Inc dated 3 / 12 /08 Conceptual Road Plan for the Timberwolf Center Email from Chuck Cassidy School District 5 3 / 14 / 08 c: Theresa White, Kalispell City Clerk State of Montana, DNRC, 1625 Eleventh Avenue, Helena, MT 59620-1601 Bob Sandman/ Steve Lorch, DNRC, 2250 U.S. Highway 93 North, Kalispell, MT 59901 Jeff Walla, Stelling Engineers, Inc., 450 Corporate Dr., Ste 103, Kalispell, MT 59901 9 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 ww�.kalisneil.c�m/�slan�tiaQ FINAL PLAT APPLICATION Project /Subdivision Name: Timberwolf Center Phase lA Contact Person: Name: Bob Sandman/Steve Lorch Address: 2250 Highway 93 North Kalispell, MT 59901 Phone No.: (406) 751-2262 Date of Preliminary Plat Approval: March 17, 2008 Type of Subdivision: Residential Industrial Total Number of Lots in Subdivision 1 Land in Project (acres) 7.352 Parkland (acres) No. of Lots by Type: Single Family Duplex Cash -in -Lieu $, Townhouse Apartment Owner & Mailing Address: State of Montana Dept. of Natural Res. 8s Conserv, 1625 Eleventh Avenue Helena, MT 59620-1601 Commercial X PUD Other Exempt X Mobile Home Park Recreational Vehicle Park Commercial 1 Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property 655 Timberwolf Parkway, Kalispell, MT 59901 NW 1 /4, Section 36, Township 29N, Range 22W FILING FEE ATTACHED $ 1,025.00 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot Subdivisions with Waiver of Preliminary Plat $800 + $125/lot Subdivision Improvements Agreement (2 Agreements) $50 1 Attached Not Applicable (MUST CHECK ONE X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 4 bluelines, unsigned 11X17 Copy I IX17 Copy "The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. 3&iL 6 C olek,§ Owner() Signat re Da e -'xA digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 5'teelli g Engineers, / I£ gi �rirag gi Transportation - Wastewater - Airports s Water • Site Development - Structures i*i�na�i�sg C�res�ritingr Kalisz Office 450 Corporate Drive, Suite 103 Kalispell, MT 59901 406.755.8602•Fax 406.755.8710 Email: mail@stellingine.com August 7, 2008 Mr. Tom Jentz, Director City of Kalispell Planning Department 201 1st Avenue East Kalispell, MT 59901 RE: Timberwolf Center Subdivision, Phase lA Final Plat Submittal (Partial) — Hand Delivered Dear Mr. Jentz: Please find enclosed the following items for the Timberwolf Center Phase IA Subdivision (aka DNRC/DEQ Co -location Building): Item Description Copies 1 Timberwolf Center Phase IA Final Plat Application 1 2 Timberwolf Center Phase IA Final Plat Filing Fee (SEI Check for $1,025.00) 1 3 Timberwolf Center Phase IA Certified Title Report dated August 6, 2008 1 4 Timberwolf Center Phase IA Subdivision Improvement Agreement (Draft) 1 5 Timberwolf Center Phase IA Final Plat Blueline (Unsigned) 4 6 Timberwolf Center Phase I Final Plat 11 x 17 (Unsigned) 1 7 DNRC/DEQ Co -Location Addendum Construction Drawings, Half -Size 1 8 Timberwolf/Farmstead Roundabout Construction Drawings, Half -Size 1 9 Timberwolf Center Future Phases, 50% Design Drawings, Half -Size 1 10 City of Kalispell Public Works Department Approval Email 1 11 Municipal Exclusion Checklist 1 12 DNRC Letter Dated July 31, 2008 Regarding Water Rights 1 13 DNRC Letter Dated March 10 to School District No. 5 1 14 Stelling Engineers, Inc. Letter Dated March 12, 2008 to School District No. 5 1 15 Conceptual Road Plan Agreed to by School District No. 5 1 16 Email of Concurrence from School District No. 5 (Chuck Cassidy) We are still waiting on a few items required for the Final Plat application or needed to document sufficiency on preliminary plat conditions. The following items will be submitted under separate cover by mid next week: Mr. Tom Jentz August 7, 2008 Page 2 of 12 Item Description Copies 17 Timberwolf Center Phase IA Final Plat Mylar (Signed) 2 18 Timberwolf Center Phase IA Final Plat Blueline (Signed) 19 Contractor Bonding for Phase IA Collateral 20 City of Kalispell Public Works Department Approval Letter 21 City of Kalispell Parks and Recreation Department Approval Letter 22 Aspen Group Letter of Concurrence on Intersection Design 23 Grosswiler Dairy Letter of Consent to Deed Right -of -Way 24 Health Department Certification (MDEQ Letter of Approval) 25 Tax Certification The Memorandum of Understanding between the City of Kalispell and the DNRC for the future construction of the roundabout and Stillwater Road improvements will be submitted as soon as the document is complete and executed. In addition, we are proceeding with the preparation of Certificate of Survey and Deed for the Grosswiler Dairy right-of-way. We are hoping to have both of these items completed prior to the City Council meeting on August 18, 2008. The following items are not included in the submittal but are available upon request: Item Description 26 DNRC/DEQ Co -Location Construction Drawings (Original) — Submitted to Planning Department on May 29, 2008 27 DNRC/DEQ Co -Location Project Manual 28 Timberwolf Center Phase 1 Engineers Design Report: Water and Sewer Extensions — Submitted to Public Works Department on July 8, 2008 29 Timberwolf Center Drainage Report (Revised) — Submitted to Public Works on July 24, 2008 30 Timberwolf Center Traffic Impact Analysis — Submitted to Public Works on July 8, 2008 31 Plat of Spring Prairie Mixed Professional 1 As required in Paragraph A, Article III, Appendix C of the City of Kalispell Subdivision Regulations, the following is an itemized response to the Preliminary Plat Conditions of Approval: General Conditions: Development of the subdivision shall be platted in substantial compliance with the preliminary plat as amended and approved which governs the location of lots and roadways within the subdivision and shall be in compliance with the adopted Spring Prairie PUD and PUD agreement adopted in December 2001 as amended. (Spring Prairie PUD) The Final Plat has been prepared in general compliance with the Preliminary Plat, as amended and approved, with the following exceptions: CADocuments and SettingsUef Nly Documents\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\CoiTespondence\Outgoing\Agency\2762 Final Plat Trans.doc Mr. Tom Jentz August 7, 2008 Page 3 of 12 • The alignment, and right-of-way, for Timberwolf Parkway has been shifted south to align with Farmstead Parkway; this shift requires the acquisition of right-of-way from the property owner to the south (Grosswiler Dairy). • The right-of-way at the corner of Timberwolf Parkway has been revised to accommodate a future roundabout treatment for the intersection with Stillwater Road. • Lot 2, Phase 1 B, and adjacent right-of-way is being shown as future. • 5-foot dry utility easements have been changed to 10-foot easements per the request of Public Works. • The easement for the future pump house on Lot 2 has been shifted east per the request of Public Works. • A 5-foot easement has been added adjacent to the Stillwater Road right-of-way, contiguous to Lot 1, to accommodate all of the meandering bike path within Public right-of-way or easement. All requirements of the Spring Prairie PUD have been met on the Final Plat. (Ref. Timberwolf Center, Phase 1A Final Plat) 2. Prior to any excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact, Section C) The Project Manual for the DNRC/DEQ Co -Location Project requires that the Prime Contractor for the project obtain all of the required permits for construction including the City of Kalispell Stormwater Management Permit, the MDEQ Notice of Intent (NOI), and the MDEQ Stormwater Pollution Prevention Plan (SWPPP). (Ref. DNRC/DEQ Project Manual, General Conditions of the Contract for Construction, Section 3.7 Permits, Fees and Notices - available upon request) Prior to final plat: 3. The project site's frontage along Stillwater Road (as well as frontage along the Forest Service lease site to the north if bonding is in place) and Timberwolf Parkway shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All design work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, street trees, boulevard and sidewalk and shall be installed along Stillwater Road and Timberwolf Parkway. New infrastructure shall tie into the existing street infrastructure. Note: Bike/pedestrian path in lieu of a sidewalk along the Stillwater Road frontage that ties into the bike/pedestrian path to the north on the Forest Service lease site is required. Additionally, sidewalks and landscaping CADocuments and SettingsVeff\My Documents\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans.doc Mr. Tom Jentz August 7, 2008 Page 4of12 other than seeding are not required on the southern portion of Timberwolf Parkway. (Findings of Fact, Section D) Two (2) intersection designs with two (2) sets of construction documentation (100% Complete) have been prepared and submitted for review and approval to the City of Kalispell Public Works Department. The construction documentation for both designs has been certified by a licensed professional engineer and is in general conformance to the City of Kalispell's Standards for Design and Construction and the Montana Public Works Standards. The intersection treatment for Stillwater Road, Farmstead Parkway, and Timberwolf Parkway preferred by the City of Kalispell is a roundabout (Ref. Construction Drawings titled Timberwolf/Farmstead Roundabout); the proposed intersection treatment included for development on Phase 1A of the Timberwolf Center is T-intersection (Ref. Construction Drawings titled DNRC/DEQ Co -Location). A roundabout treatment was requested by the City of Kalispell's Public Works Department following their initial review of the proposed infrastructure. From an operational perspective, it is not feasible to build a portion of the facilities necessary for a roundabout intersection; geometrics and grade requirements dictate that the entire intersection be built including urban improvements required for all of the legs feeding into the intersection. The developer of this single lot subdivision does not have the funding necessary to construct all of the improvements needed for a functional roundabout at this time. The costs are significant and should be shared by adjoining developments. Furthermore, the roundabout is not warranted at this time for traffic control. The Traffic Impact Study prepared for this project does not show sufficient warrants until the Kalispell Bypass is completed. The development proposed for Phase 1A will construct a T-intersection for Timberwolf Parkway at Stillwater Road; the streets, street lighting, street signage, curb, gutter, street trees (north side only), boulevard (north side only) and sidewalk (north side only) on Timberwolf Parkway; and the bike path along the east side of Stillwater Road. The remaining infrastructure (streets, street lighting, street signage, curb, gutter, street trees, etc.) on the east side of Stillwater Road, fronting Lot 1, will be deferred to the future construction of the roundabout. The improvements for both the roundabout treatment, the T-Intersection, and all roadway improvements for Timberwolf Parkway and Stillwater Road including curb, gutter, sidewalk, bike path, storm drain, lighting, signage, street marking and all appurtenant facilities have been designed and sealed by a licensed professional engineer in the State of Montana (Ref. Construction Drawings titled DNRC/DEQ Co -Location and Construction Drawings titled Timberwolf/Farmstead Roundabout). The improvements that are planned for this project (Phase 1A) and the improvements that are planned for the future roundabout intersection have been reviewed and approved by Kalispell Public Works (Ref. City of Kalispell approval letter to be submitted under separate cover). A Subdivision Improvement Agreement including the completed Exhibit B (1) for Phase 1A facilities has been stamped by a licensed Professional Engineer as required. The Contractor's Payment and Performance Bond exceeding the value of the facilities will provide the financial security necessary to guarantee completion of the improvements (Ref. Subdivision CADocuments and SettingsVef Nty Docurnents\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans.doc Mr. Tom Jentz August 7, 2008 Page 5 of 12 Improvement Agreement - Phase 1A and Contractor's Performance Bond to be submitted under separate cover). A Memorandum of Understanding is being prepared by the City of Kalispell Attorney, Charles Harball, to serve as acceptable collateral for the roundabout and roadway improvements in lieu of Letter of Credit or Bond. The MOU will provide financial security equal to one-half of the construction cost (125% of the total construction cost) in the amount of $387, 375.00. (Ref. Memorandum of Understanding - to be submitted under separate cover). 4. Stillwater Road shall be improved and include a bike/pedestrian path from the south boundary to the north boundary of the State Trust Land property and to the north boundary of the Forest Service lease site should bonding be in place at the final plat stage of Phase IA of the proposed project. If no bonding is in place, the frontage along Stillwater Road shall be improved, including a bike/pedestrian path, along the entire frontage of the School Trust Land site prior to final plat of Phase IA. The improvements must be completed within 18 months of preliminary plat approval. (Findings of Fact, Section D) The development proposed for Phase 1A will construct a T-intersection for Timberwolf Parkway at Stillwater Road; the streets, street lighting, street signage, curb, gutter, street trees (north side only), boulevard (north side only) and sidewalk (north side only) on Timberwolf Parkway, and the bike path along the east side of Stillwater Road. The remaining infrastructure (streets, street lighting, street signage, curb, gutter, street trees, etc.) on the east side of Stillwater Road, fronting Lot 1, will be deferred to the future construction of the roundabout. A Subdivision Improvement Agreement including the completed Exhibit B for Phase 1A facilities has been stamped by a licensed Professional Engineer as required. The Contractor's Payment and Performance Bond for the entire project including the City improvements will provide the financial security necessary to guarantee completion of the improvements (Ref. Phase 1A Subdivision Improvement Agreement). A Memorandum of Understanding is being prepared by the City of Kalispell Attorney, Charles Harball, to serve as acceptable collateral for the roundabout and roadway improvements in lieu of Letter of Credit or Bond. The MOU will provide financial security equal to one-half of the construction cost (125% of the total construction cost) in the amount of $387,375.00. (Ref. Memorandum of Understanding - to be submitted under separate cover). In light of recent requirements for a roundabout intersection at Stillwater Road and Timberwolf Parkway, the DNRC should not be held responsible for constructing the improvements for the Stillwater Road frontage adjacent to the US Forest Service property (future or otherwise). The intent of this condition was to provide an option to the DNRC for financial relief on the first phase of the Timberwolf Center subdivision in exchange for a future commitment (by the DNRC) to improve the Forest Service frontage along Stillwater Road. The cost of improvements required for the roundabout is substantially higher than the cost of improvements for a standard intersection; a roundabout requires that both sides of Stillwater Road be improved when the intersection is constructed. As a result, the total financial obligation of the DNRC to construct the improvements on Phase 1A and to provide the necessary financial security for their share of the roundabout is substantially higher than CADocuments and SettingsVefi\My Documents\Kalispeil Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans.doc Mr. Tom Jentz August 7, 2008 Page 6of12 originally anticipated (with a standard intersection). The DNRC would construct their required share of the intersection and Stillwater Road improvements (adjacent to Lot 1 only) on this project if it were feasible. However, the entire roundabout including improvements in all four quadrants of the intersection must be constructed in -full for the intersection to operate in a safe and functional manner. The DNRC is only deferring these improvements until such a time as the next phase of development (Timberwolf Center or Starling) is implemented. Because the deferral of improvements is the result of the roundabout and not for the purpose of deferring cost on this project, the DNRC is not obligated to improve the US Forest Service frontage. 5. An additional 10 feet of right-of-way shall be dedicated along Stillwater Road. This additional right-of-way shall be shown on the face of final plat map. (Findings of Fact, Section D) The additional 10 feet of right-of-way on the east side of Stillwater Road was dedicated on the Final Plat of Spring Prairie Mixed Professional 1. The additional dedication increased the ROW on the east side of Stillwater Road from 30 feet to 40 feet. (Ref Spring Prairie Mixed Professional 1 Final Plat) 6. Access directly from Phase IA, Lot 1 onto Stillwater Road is prohibited. (Findings of Fact, Section D) No direct access to Stillwater Road from Phase 1A, Lot 1 will be provided. (Ref. Timberwolf Center, Phase 1A Final Plat) 7. A Traffic Impact Study shall be completed to address traffic volumes potentially generated by the Timberwolf Center and suggested design and any required mitigation shall be incorporated. The Traffic Impact Study shall be submitted for review and approval to the Public Works Department prior to submittal of the intersection and road upgrade plans related to the Timberwolf Center project. This must be completed for the Timberwolf Center (phases 1 and 2) prior to final plat for Phase lA of the Timberwolf Center project. (Findings of Fact, Section D) A Traffic Impact Analysis for the Timberwolf Center Subdivision was submitted to the City of Kalispell Public Works Department on July 8, 2008. Public Works has reviewed and approved the Traffic Impact Analysis for this project. (Ref Traffic Impact Analysis for the Timberwolf Center Subdivision; City of Kalispell approval letter - to be submitted under separate cover) 8. The intersection of Stillwater Road, Farmstead Parkway and Timberwolf Parkway shall be completed prior to final plat approval of Phase 1A. The design and construction shall be coordinated with the Starling development to ensure efficient and safe completion of the intersection. Note: Additional land may need to be acquired to accomplish a suitable fully functional intersection. (Findings of Fact, Section D) Refer to response on Condition No. 3 for background on this intersection. C:\Documents and SettingsVeff\My Documents\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans.doc Mr. Tom Jentz August 7, 2008 Page 7 of 12 The improvements for the roundabout intersection and all roadway improvements for Stillwater Road and Farmstead Parkway including curb, gutter, sidewalk, bike path, storm drain, lighting, signage, street marking and all appurtenant facilities have been coordinated with the developers of the Starling Subdivision (Ref. Letter of Support from Aspen Group - to be submitted under separate cover). The improvements that are planned for the future roundabout intersection have been reviewed and approved by Kalispell Public Works (Ref. City of Kalispell approval letter - to be submitted under separate cover). Additional right-of-way is required from the property owner south of Timberwolf Parkway (Grosswiler Dairy) for construction of the Timberwolf Parkway roadway and roundabout intersection. The additional right-of-way will be dedicated to the City of Kalispell following the completion of a new Certificate of Survey for the required property. The COS and the deed transferring title to the City are anticipated to be competed in August 2008. (Ref. Timberwolf Center, Phase 1A Final Plat; Letter from the Grosswiler Dairy property owner indicating their consent to deed the required ROW to the City of Kalispell will be submitted under separate cover, Grosswiler ROW dedication will be submitted under separate cover). 9. Timberwolf Parkway shall be graded and constructed in a manner that would allow any future connection to the property to the south feasible. (Findings of Fact, Section D) Final plans and specifications for Timberwolf Parkway (for Construction) were submitted to the City of Kalispell Public Works Department on July 8, 2008. Public Works has reviewed and approved the plans for this project, including future connectivity to the property south of the project. (Ref. Construction Drawings titled DNRC/DEQ Co -Location, Construction Drawings titled Timberwolf/Farmstead Roundabout, City of Kalispell approval letter - to be submitted under separate cover) 10. Water and sewer main extension shall be reviewed and approved by the Kalispell Public Works Department. The plans shall be reviewed and approved for facilities that serve Lot 1 (Phase IA) and Lot 2 (Phase 1B) of the School Trust Land site prior to final plat of Phase 1 of the Timberwolf Center project. (Findings of Fact, Section D) Final plans and specifications (for Construction) for water and sewer extensions were submitted to the City of Kalispell Public Works Department on July 8, 2008. Public Works has reviewed and approved the plans for this project. Water and sewer service for Lot 2 can be provided from the infrastructure constructed under Phase 1A. Development of Lot 2, however, will require the extension of the 12-inch water main on Timberwolf Parkway to the termination of the roadway. (Ref Construction Drawings titled DNRC/DEQ Co -Location: City of Kalispell approval letter - to be submitted under separate cover) 11. Easements for water and sewer lines shall be dedicated to the City of Kalispell and shown on the approved utility plans for facilities serving lots 1 and 2 of the Timberwolf Center project. The easement widths shall meet the requirements of the Kalispell Public Works Department. (Findings of Fact, Section D) All easements for water and sewer facilities which are not within dedicated right-of-way, have been depicted and legally described for dedication on the Final Plat. (Ref Timberwolf Center, Phase 1A Final Plat) C:\Documents and SettingsUefflNly Documents\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans.doe Mr. Tom Jentz August 7, 2008 Page 8of12 12. The water rights allocated to the developer (owner), both surface and ground, shall be transferred to the city to the fullest extent possible in compliance with applicable statutes and regulations with the filing of the final plat of Phase 1A, Lot 1, to insure the orderly accounting of water rights and to protect the future water need of the City of Kalispell for its users. A rectangular easement shall be provided along the south boundary of Phase 1B, Lot 2 encompassing the existing well site. This easement shall be large enough to contain a well house approximately 26 feet by 24 feet with due consideration to the setback limits imposed by the zoning requirements. In addition within the same easement, a clear space of 20 feet shall be provided around the well head. A well head protection zone shall be provided and shown on the final plat of lots 1 and 2. This well head protection zone shall meet the requirements of Montana Department of Environmental Quality Standards for Water Works DEQ 1, Paragraph 3.2.3 (February 24, 2006 Edition). Findings of Fact, Section D) The DNRC has prepared and submitted a "letter of intent to commit water rights associated with the well located within the bounds of the proposed Timberwolf Center subdivision" to meet the requirements of this condition. The letter of intent commits a portion of the existing water right to the City of Kalispell, agrees to support with the City's application for a change in use of the water right, and authorizes the grant of easement to develop and operate a municipal well. The subject easement for the well house and for the well head protection zone are depicted and legally described on the Final Plat. (Ref. Timberwolf Center, Phase 1A Final Plat and DNRC Letter of Intent to commit water rights associated with the well located within the bounds of the proposed Timberwolf Center subdivision dated July 31, 2008) 13. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. (Findings of Fact, Section D) Final plans and specifications for storm drain and storm water facilities on Lot 1, Timberwolf Parkway, and Stillwater Road; and the Storm Water Report for the associated improvements, were submitted to the City of Kalispell Public Works Department on July 8, 2008. Public Works has reviewed and approved the plans for this project, including future connectivity to the property south of the project. (Ref. Construction Drawings titled DNRC/DEQ Co - Location, Construction Drawings titled Timberwolf/Farmstead Roundabout and Timberwolf Center Drainage Report (Revised); City of Kalispell approval letter - to be submitted under separate cover) 14. The approved engineered drainage report and design, in accordance with City of Kalispell standards, shall be completed for the entire development (roadways, stormwater storage facilities and stormwater systems) prior to final plat for Phase lA of the Timberwolf Center. (Findings of Fact, Section D) Preliminary (50% complete) plans for future construction of Timberwolf Parkway, Wolfpack Way, storm drain and storm water facilities, water mains, sewer mains, and the Storm Water Report for the entire Timberwolf Subdivision were submitted to the City of Kalispell Public Works Department on July 8, 2008. Public Works has reviewed and approved the plans prepared for future phases of the subdivision. (Ref. 50% Design Drawings titled Timberwolf CADocuments and SeuingsUefflMy Documents\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans.doe Mr. Tom Jentz August 7, 2008 Page 9of12 Center Future Phases, Timberwolf Center Drainage Report (Revised); City of Kalispell approval letter - to be submitted under separate cover) 15. A letter shall be obtained from the Kalispell Public Works Department approving the plans and specifications for streets, water, sewer and drainage facilities for the subdivision. (Kalispell Sub. Regs. Section 3.12 - 3.15). The required letter from the Kalispell Public Works Department approving the plans and specifications for all infrastructure on this project will be issued on August 6, 2008. The letter will be submitted under separate cover. 16. Prior to final plat, the full design for Timberwolf Parkway from Stillwater Road to Reserve Loop shall be reviewed and approved by the Public Works Department and shall include drainage, stormwater, water and sewer facilities as well as road elevations and road designs, etc. (Findings of Fact Section, Section D) Preliminary (50% complete) plans for future construction of Timberwoif Parkway, Wolfpack Way, storm drain and storm water facilities, water mains, sewer mains, and the Storm Water Report for the entire Timberwolf Subdivision were submitted to the City of Kalispell Public Works Department on July 8, 2008. Public Works has reviewed and approved the plans prepared for future phases of the subdivision. (Ref 50% Design Drawings titled Timberwolf Center Future Phases; City of Kalispell approval letter - to be submitted under separate cover) 17. A letter shall be provided from an engineer licensed in the State of Montana certifying that the improvements have been installed according to the required plans, specifications and standards. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and accepted by the city shall be submitted prior to final plat. (Kalispell Sub Regs. Sections 3.09, 3.11 - 3.15). Public infrastructure improvements required to service Lot 1, Phase 1A of the Timberwolf Center Subdivision will be constructed under the prime contract in conjunction with the DNRC/DEQ Co -Location building and sitework. The Owner has prepared a Subdivision Improvement Agreement for the associated improvements and will provide a Contractor's bond for City infrastructure to guarantee that these improvements are completed. The required engineers certification and letter from the Kalispell Public Works Department referenced under this condition will be provided after construction of these facilities are complete. (Ref. Subdivision Improvement Agreement; Contractor's Bond for the improvements - to be submitted under separate cover) 18. The following note shall be placed on the final plat: "Property owner(s) shall waive their right to protest the creation of a special improvement district for road upgrades in the area to City standards which are impacted by this subdivision." The subject note has been included on the Final Plat. (Ref. Timberwolf Center, Phase 1A Final Plat) C:\Documents and SettingsVefflMy Documents\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans.doc Mr. Tom Jentz August 7, 2008 Page 10 of 12 19. All new utilities shall be installed underground. (Kalispell Sub. Regs. Section 3.17A). All new utilities proposed for this development will be installed underground. (Ref. Construction Drawings titled DNRC/DEQ Co -Location, Construction Drawings titled Timberwolf/Farmstead Roundabout; City of Kalispell approval letter - to be submitted under separate cover) 20. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover provided to the Kalispell Parks and Recreation Department. (Kalispell Subdivision Regulations, Section 3.11). Landscaping plans and specification have been prepared for Lot 1 including the boulevards for the east side of Stillwater Road and the north side of Timberwolf Parkway. All landscaping associated with Phase 1A will be completed on the DNRC/DEQ Co -Location project. Chad Fincher has reviewed the proposed landscaping and provided verbal approval. The required letter from the Kalispell Parks and Recreation Director approving the landscape plans will be submitted under separate cover. (Ref. Landscape Plans in the Construction Drawings titled DNRC/DEQ Co -Location and Parks and Recreation Department approval letter — to be submitted under separate cover) The Subdivision Improvement Agreement for Phase 1A includes landscaping improvements which will be completed by September, 2009 (Ref Phase 1A Subdivision Improvement Agreement). 21. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: (Kalispell Subdivision Regulations, Section 3.20; Findings of Fact, Section D). a. Water mains designed to provide required fire flows shall be installed per City specifications at approved locations. Firc flows shall be in accordance with International Fire Code, Appendix B. Water mains have been designed to provide the City required fire flows at the City designated locations per coordination with the City of Kalispell Fire Marshall. Fire flows have been designed in accordance with the International Fire Code. b. Fire hydrants shall be provided per City specifications at locations approved by this department, prior to combustible construction. Fire hydrant locations were designated by the City of Kalispell Fire Marshall. c. Fire Department access shall be provided in accordance with International Fire Code Chapter 5. Fire Department access was coordinated with the City of Kalispell Fire Marshall. CADocuments and SettingsVefflMy Documents\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans.doc Mr. Tom Jentz August 7, 2008 Page 11 of 12 d. Street naming shall be approved by the fire department. Street naming was reviewed and approved by the City of Kalispell Fire Marshall. e. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. Addressing will be established by Flathead County and coordinated with the City of Kalispell Fire Marshall. f. Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. Required fire flows were provided by the City of Kalispell Fire Marshall for use in hydraulic modeling of water main facilities. (Ref. Construction Drawings titled DNRC/DEQ Co -Location, Construction Drawings titled Timberwolf/Farmstead Roundabout, Engineer's Report for Water and Sewer Main Extensions: City of Kalispell Fire Department approval letter - to be submitted under separate cover) On -going Conditions: 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Seeding requirements conforming to this condition have been included in the Landscaping Drawings for the project. (Ref Landscape Plans in the Construction Drawings titled DNRC/DEQ Co -Location; City of Kalispell approval letter - to be submitted under separate cover) 23. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8 and a note shall be placed on the face of the final plat stating that hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance 10-8. The required note has been included on the Final Plat. (Ref. Timberwolf Center, Phase 1A Final Plat) 24. The preliminary approval for Phase lA shall be valid for a period of three years from the date of approval. Preliminary plat approval for phase 1 B shall be valid for two years from the date of final plat approval for phase IA. (Kalispell Sub. Regs. Section 2.04 (E)(7). Preliminary plat for the two lot subdivision was approved by City Council on March 17, 2008 and will be valid until March 17, 2011. CADocuments and SettingsVeff\My Documents\Kalispefi Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans.doc . t , Mr. Tom Jentz August 7, 2008 Page 12 of 12 25. The integrity of Wolfpack substantial conformance Glacier High School. Way shall be maintained and designed and constructed in with the alignment indicated on the preliminary plat of School District No. 5 was included in the conceptual planning for future phases of the Timberwolf Center Subdivision. This effort included review and comment on future lot layouts, roadway alignments, and sidewalks/bike paths. An email was received from Chuck Cassidy representing the School District on March 14, 2008 agreeing to the revised conceptual plan and provisions for future development of the Timberwolf Center subdivision. The agreed upon plan established Timberwolf Parkway as the primary roadway through the development from Stillwater Road at the intersection of Farmstead Parkway to Reserve Loop at the original intersection of Wolfpack Way. Wolfpack Way was re -aligned to connect with Timberwolf Parkway via a T-intersection near the eastern portion of the Subdivision. (Ref. DNRC Letter dated May 10, 2008, Stelling Engineers, Inc. Letter dated March 12, 2008, Conceptual Plan, and School District No. 5 approval email dated March 14, 2008) Sincerely, :5 Jeff �W1a, P. . Stelling Engineers, Inc. Enclosures Cc w/ Partial Enclosure: Gordon Whirry, Gordon Whirry Architecture Steve Lorch, Department of Natural Resources and Conservation C:\Documents and SettingsVeff\My Documents\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans.doc AWJC7 6telli g Engineers, I r �giraieri�°tg - Transportation - Wastewater - Airports - Water - Site development - Structures pl nning consulting Kalispell Office 450 Corporate Drive, Suite 103 Kalispell, RAT 59901 406.755.8602-Fax 406.755.8710 Email: mail@stellingine,com September 5, 2008 Mr. Tom Jentz, Director City of Kalispell Planning Department 201 1" Avenue East Kalispell, MT 59901 RE: Timberwolf Center Subdivision, Phase 1A Final Plat Submittal (No. 2) — Hand Delivered Dear Mr. Jentz: Please find enclosed the following items for the Timberwolf Center Phase IA Subdivision (aka DNRC/DEQ Co -location Building): Item Description Copies 4 Revised Timberwolf Center Phase I Subdivision Improvement Agreement 1 5 Revised Timberwolf Center Phase I Final Plat Blueline (Unsigned) 4 6 Revised Timberwolf Center Phase I Final Plat 11 x 17 (Unsigned) 1 17 Timberwolf Center Phase IA Final Plat Mylar (Signed) 2 18 Timberwolf Center Phase IA Final Plat Blueline (Signed) 1 19 Subdivision Improvement Agreement Collateral (Contractor Bond) 1 24 Health Department Certification (MDEQ Letter of Approval) 1 20 City of Kalispell Public Works Department Approval Letter(s) 1 21 City of Kalispell Parks and Recreation Department Approval Letter 1 22 Aspen Group Email of Concurrence on Intersection Design 1 23 Grosswiler Dairy Landowner Statement for Right -of -Way 1 24 DNRC Letter Dated July 31, 2008 on Water Rights Proposal 1 There are presently four (4) additional items that have been completed conceptually, but require City assistance to finalize at the time of this submittal. We have made every effort possible on our part to complete these items and fully satisfy all of the conditions of preliminary plat approval. The following is a summary of the outstanding items and our understanding of their status. 1. Public Works Acceptance of Water Rights. A letter dated July 31, 2008 from Bob Sandman with the DNRC was provided to the City of Kalispell to demonstrate the DNRC's conunitment to comply with Condition 12 of the Preliminary Plat approval Mr. Tom Jentz September 5, 2008 Page 2 of 3 (transfer of water rights). Condition 12 included the language "to the fullest extent possible in compliance with applicable statutes and regulations" in meeting the City's water rights request. The DNRC's letter identified how it would be able to best meet this condition without violating the State's rules and regulations for School Trust Land assets. The DNRC's commit was essentially two -fold: 1. The water rights would be split with a portion of the water right assigned to the City of Kalispell; and 2. The DNRC would support the City in its application to change the "use" prescribed for the City's portion of the water right. Roger Noble is under Contract by the City to work with the DNRC to complete this task. However, DNRC has not received a formal response to their proposal from the City or any written acceptance of this approach. After following up with several phone calls beginning approximately two (2) weeks ago, we have learned that the Public Works does not want to accept this proposal until the specific terms for the water rights are agreed upon, primarily the capacity and volume that the City will be granted. It is our understanding that Roger is still working hard to address these terms and conditions. The DNRC has made every effort on their part to comply with the City's requirements for the water rights transfer and will continue to work towards a timely, amicable solution. However, final negotiations must be expedited by both parties if this issue is going to be fully resolved by the City Council's September 151h meeting. 2. Subdivision Improvement Agreement and Collateral for future Roundabout Improvements. Following our submittal of engineering documentation to Public Works on July 8, 2008, Tom Butler, DNRC Attorney, coordinated with City Attorney, Charlie Harball, on an acceptable instrument and collateral for the DNRC's portion of the future roundabout improvements. It was agreed that a Memorandum of Understanding between the DNRC and the City of Kalispell would be an acceptable agreement. The draft MOU was initially to be prepared by the City and forwarded to the DNRC's legal council for review and revision. In response to not receiving a draft MOU and in an effort to assist the City in completing the MOU, Mr. Butler prepared the draft MOU and forwarded to Charlie Harball on August 29, 2008. On July 23, 2008, the DNRC met with Greg Stratton, Aspen Group to review and discuss implementation of the future roundabout improvements. Mr. Stratton presented an option for the creation of an SID that would fund the future improvements required for the roundabout. This option was discussed with Public Works the following day but discarded as a viable option at that time. After the City received the MOU from Tom Butler, the DNRC was informed that the City may be changing its position on the viability of an SID. It is our understanding that the type of instrument to secure the DNRC's responsibility of the roundabout improvements is still unresolved. The DNRC has made every effort on their part to work with the City on executing a mutually acceptable agreement for future construction of the roundabout improvements. However, final negotiations must be expedited by both parties if this issue is going to be fully resolved by the City Council's September 15th meeting. CADocuments and SettingsVeffUvly Documents\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat Trans2.doc Mr. Tom Jentz September 5, 2008 Page 3 of 3 3. Right -of -Way from Grosswiler Dairy. The final plat has been revised to include the recording information of the Grosswiler Dairy COS and ROW dedication as requested; blank lines have been added to allow the recording information to be hand-written in. The COS, warranty deed, and real estate transfer certificate have been complete for over a week and are now at the Grosswiler's Attorney's office of Dan Johns. Throughout this process we had been directed by Public Works that deeded ROW would be required for this Final Plat in lieu of an easement. All of the documentation prepared to date has been prepared on the understanding that the ROW would be deeded. Dan Johns has notified us late this week that Charlie Harball will accept an easement in lieu of deeded ROW. This is in contradiction to what Public Works has told us. We have been delayed from completing the Grosswiler ROW dedication because of this changed situation. We fully expect that this item will be complete next week but would request that Public Works and Charlie Harball come to agreement as to which method of ROW acquisition will be acceptable. The recording information will need to be hand-written on the Final Plat at the time of recording. 4. Fire Department Approval Letter. We have not been provided a copy of the approval letter from the Kalispell Fire Department. We initially telephoned and emailed Ray Rufatto this request on July 31, 2008. A follow-up email was sent to Mr. Rufatto on August llth and follow-up phone calls were made on August 22nd and 28th (message were left). This item may not be an outstanding issue but since we have not received any City comment, we are unable to provide the approval letter at this time. We believe we have made every effort to comply with the Preliminary Plat conditions for approval but the timing for submitting the outstanding items is not within our control. We appreciate any assistance from the City you may facilitate in finalizing these remaining items. We respectfully request that the final plat application be placed on the City Council's agenda for the September 15th meeting. It is our intent to request that the City issue the building permit immediately following Council action on the Final Plat. Our project is under construction at this time and any further delays to Final Plat approval will likely result in significant project cost increases. Sincerely, 5;�015 1 5 � ,,�,__ �� Jeff Walla, P.E. Stelling Engineers, Inc. Enclosures Cc w/ Partial Enclosure: Gordon Whirry, Gordon Whirry Architecture Steve Lorch, Department of Natural Resources and Conservation CADocuments and SettingsVef Nly Docaments\Kalispell Branch\Projects-Active\2007\2762 - DNRC-DEQ Development\Correspondence\Outgoing\Agency\2762 Final Plat TransIdoc NE15telli g Engineerop l r �'ngin�rerin� • Transportation • Wastewater • Airports • Water • Site Development • Structures Pala---9 ean_Urring KaUSPO Office 450 Corporate Drive, Suite 103 Kalispell, MT 59901 406.755.8602•Fax 406.755.8710 Email: mail@stellinginc.corn September 17, 2008 Mr. Tom Jentz, Director City of Kalispell Planning Department 201 1st Avenue East Kalispell, MT 59901 RE: Timberwolf Center Subdivision, Phase IA Final Plat Submittal (No. 3) — Hand Delivered Dear Mr. Jentz: Please find enclosed the following items for the Timberwolf Center Phasc IA Subdivision (aka DNRC/DEQ Co -location Building): Item Description Copies 1 Revised Exhibit B for the Timberwolf Center Phase I Subdivision 1 Improvement Agreement with Bike Trail costs broken out separately 2 Flathead County Tax Certification 1 3 Technical Memorandum for Water Rights Appropriation (Still awaiting 1 Public Works approval letter) 4 Letter of Approval from Kalispell Fire Department 1 5 Letter of Approval from Public Works on Future Storm Water Provisions 1 6 Executed copy of the State of Montana Construction Contract with 1 Hammerquist Casalegno, LLC We will be recording the COS and Easement for right-of-way from the Grosswiler Dairy property today or tomorrow. Once this is complete, we will submit the recording information to your office. The only other outstanding items at this time are the completion of the MOU for the roundabout and formal approval of the water rights allocation by Public works. We are hoping these two items will be fully resolved by the end of this week. Sincerely, Jeff Walla, P.E. Stelling Engineers, Inc. Enclosures Cc w/ Partial Enclosure: Gordon Whirry, Gordon Whirry Architecture Steve Lorch, Department of Natural Resources and Conservation AWJC7 li g► Engineers, mr. �exgin�arrrag P>rannBgag Transportation - Wastewater • Airports o Water ® Site Development • Structures cm"5vIting Kalispell Office 450 Corporate Drive, Suite 103 Kalispell, MT 50001 406.755.8602° Fax 406.755.8710 Email: mail@stellingine.com September 19, 2008 Mr. Tom Jentz, Director City of Kalispell Planning Department 201 1st Avenue East Kalispell, MT 59901 RE: Timberwolf Center Subdivision, Phase 1A Final Plat Submittal (No. 4) — Hand Delivered Dear Mr. Jentz: Please find enclosed the following items for the Timberwolf Center Phase IA Subdivision (aka DNRC/DEQ Co -location Building): Item Description Copies 1 Revised SIA Agreement with Page 2 revised for 2-year warranty 1 2 Copy of Grosswiler COS No. 0309910 (Doc. No. 200800026044) 1 3 Copy of Grosswiler Easement (Doc. No. 200800026045) 1 These should be the final items required from us based on your email dated September 18, 2008. We anticipate needing our building permit on Monday, September 22, 2008. Sincerely, Jeff Walla, P.E. Stelling Engineers, Inc. Enclosures Cc w/ Enclosure: Gordon Whirry, Gordon Whirry Architecture Steve Lorch, Department of Natural Resources and Conservation 2011g Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kaCispell om September 15, 2008 Stelling Engineers Jeff Walla, P.E. 450 Corporate Drive, Suite 103 Kalispell, MT 59901 RE: Timberwolf Center Phase 1 Kalispell, Montana Dear Jeff: The Timberwolf Center Drainage Report (July 24) and Plans are hereby approved by the City Public Works Department. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. We look forward to working with you on this project. Ssie rely Tu rn r P.. , ME Senior Civil Engineer Public Works Department 201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 ssivmka r,��et! �:wtq September 15, 2008 Stelling Engineers Jeff Walla, P.E. 450 Corporate Drive, Suite 103 Kalispell, MT 59901 RE: Timberwolf Center Phase 1 Kalispell, Montana Dear Jeff: The drainage and construction plans for the referenced project are hereby approved by the City Public Works Department. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. We look forward to working with you on this project. Si re , S ie Turn , P.E. Senior Civil Engineer ®_ime Montana Departm ent of DMR0MUUTYBrian Schweitzer, Governor l� P.O. Box 200901 Helena, MT 59620-0901 - (406) 444-2544 www.deq.mt.gov August 13, 2008 REcFaVED AUG 2',�i 2008 Mitch Stelling PE Stelling Engineers Inc 614 Park Dr South Great Falls MT 59405 Dear Mr Stelling: STELLING ENGINEERS, INC. RE: Timberwolf Center Phase l A Municipal Facilities Exclusion EQ#09-1263 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA and ARM 17.36.602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, Va,&'�Skaarland Compliance Specialist Subdivision Section (406) 444-1801 — email jskaarland@1i�ttl.gov cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division Montana. Department of M ENWHONMENTAILQUAU,TY Brian Schweitzer, Governor 109 Cooperative Way • Suite 105 • Kalispell, MT 59901-2389 • (406) 755-8985 • FAX (406) 755-8977 Jeff Walla, P.E. August 29, 2008 Stelling Engineers, Inc. 600 Central Plaza, Suite 211 Great Falls, MT 59401 RE: Timberwolf Center Phase lA W&S Extensions - Kalispell; EQ#09-1263. Dear Mr. Walla: The Engineering Design Report, and plans and specifications for the above -referenced water system improvements have been reviewed by personnel of the Public Water Supply Section and were found to be satisfactory. Approval of these plans and specifications is hereby given with the below listed conditions. One set of the design report, and plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. This project consists of approximately 770 LF of 14 inch, 480 LF of 12 inch, 400 LF of 8 inch, and 104 LF of 6 inch AWWA C900 PVC water main, and approximately 844 LF of 8 inch SDR 35 PVC sewer main with three manholes. Approval is based on plans and specifications received June 23, 2008 under the seal of Mitchell Stelling, P.E.## 7069PE. The following conditions apply: 1. DEQ approval of this submittal and City of Kalispell capacity pertains to Timberwolf Center Phase lA only. Flow estimates were presented regarding subsequent phases of Timberwolf Center, however, these subsequent phases are NOT approved at this time. 2. (A)Timberwolf Center Phase 1A Water and Sewer extensions is approved for construction and a building permit may be issued, but will not be allowed actual connection to the City wastewater system until the Grandview Lift Station upgrades (including associated gravity collection upgrades in the Liberty Street/Parkway Drive area) have been fully constructed and are operational. (B)The City of Kalispell will tightly manage the remaining capacity at the Grandview Lift Station through monitoring and 1 Centralized Services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division RE:Timberwolf Center Phase lA W&S Extensions - Kalispell; EQ#09-1263. limiting building permits. Further, the City must report to DEQ on a monthly basis: (a) the number of permits issued upgradient of Grandview Lift Station and (b) the average and peak flows at the Grandview Lift Station. (C) The City of Kalispell will stop issuing building permits for any lot that contributes flow to the Grandview Lift Station until the improvements are constructed and fully operational if the actual peak flows at the Grandview Lift Station reach 1000 of design capacity. 3. DEQ believes, at this time, that the City of Kalispell has approved the maximum amount of wastewater flow that can be served by "Line A" (referenced in the March 2008 Wastewater Facility Plan) of the sewer collection system, even with upgrades to Grasndeview Lift Station and Parkway/Liberty Street area. Directing additional flow through this section of the collection system would likely require cost prohibitive upgrades. Therefore, future wastewater flows from the northern portion of Kalispell, including subsequent phases of Timberwolf, will require flows to be routed elsewhere - possibly through a future "Stillwater Road Sanitary Sewer Interceptor", which has not yet been designed or built. Please coordinate with the City of Kalispell and other developers regarding alternative sewage routing. Approval is also given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. No public water or sewer system or portion thereof shall commence operation prior to being certified by letter to the department that the system or portion of the system constructed, altered, or extended to that date, was completed in accordance with plans and specifications approved by the department. For a system or any portion of a system designed by a professional engineer, the engineer shall sign and submit the certification letter to the department. Within 90 days after the completion of construction, alteration, or extension of a public water supply or wastewater system, or any portion of such system, a complete set of certified "as -built" drawings must be signed and submitted to the department. It is further understood that construction will be completed within three years of this date. If more than three years elapse before construction is complete, it shall be necessary to resubmit the plans and specifications before construction may continue. This three-year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. A stormwater permit may be required for this project. The applicant should contact the Department of Environmental Quality water Protection Bureau at 444-3080 for more information. 2 RE: Timberwolf Center Phase lA W&S Extensions - Kalispell; EQ#09-1263. Sincerely, ver M de P.E. Environmental Engineer PE Public Water Supply Section Public Water and Subdivisions Bureau cc: City of Kalispell Flathead County Sanitarian File 3 Page 1 of 2 Nicole Johnson From: Susie Turner [sturner@kalispell.com] Sent: Thursday, September 11, 2008 3:38 PM To: 'Nicole Johnson' Subject: RE: Timberwolf center... -tv See red comments below. Are you talking about just the DNRC site or the whole subdivision? Susie From: Nicole Johnson [mailto:njohnson@kalispell.com] Sent: Monday, September 08, 2008 2:09 PM To: sturner@kalispell.com Subject: Timberwolf center... Hi Susie — I stopped by your office to talk about the Timberwolf Center Final Plat and you were out. Working to get DNRC's final plat report done and I don't have any evidence in the submittal that the following conditions have been met. Can you write a letter indicating they have meet each condition if that is the case? Condition 2. Prior to anv excavation or earthwork, a City Stormwater Management Permit shall be approved and issued from the Kalispell Public Works Department. In accordance with Ordinance 1600, the permit shall include a permit application, site map, narrative describing the best management practices to be used and a completed checklist. In addition to the City Stormwater Management Permit the developer shall submit a copy of the State General Construction Stormwater Discharge Permit Notice of Intent (NOI) and Stormwater Pollution Prevention Plan (SWPPP). At the time of final plat, the project engineer shall certify that the development is in compliance with the approved City Stormwater Management Permit. (Ordinance 1600 and Findings of Fact, Section C) The Project site is currently working under the City Stormwater Management Permit SW08-094. We did receive a copy of the State NOI and SWPPP. Condition 13. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. (Findings of Fact, Section D) The drainage report for Timberwolf Center Phase 1 dated July 10, 2008, was approved by public works. The drainage report (revised) for Timberwolf Center Subdivision dated July 24, 2008, was reviewed by Public Works and comments were sent to Stelling Engineers on July 25, 2008. To date Public Works has not received any correspondence about the comments so the Timberwolf Center Subdivision Drainage Report has not been approved. Condition 14. The approved engineered drainage report and design, in accordance with City of Kalispell standards, shall be completed for the entire development (roadways, stormwater storage facilities and stormwater systems) prior to final plat for Phase lA of the Timberwolf Center. (Findings of Fact, Section D) See note on condition 13. Nicole C. Johnson 9/19/2008 Page 2 of 2 City oFKakpell - Planning Department 201 First Avenue East Kalispell, Montana 59901 (406) 758-7940; 758-7739 (6x) niohnsonokalispell.com 9/19/2008 HEBelli g Engin erm, into. Friglnaering Planning • Transportation • Wastewater • Airports • Water • Site Development • Structures Cansulsrng KalispellOffce 450 Corporate Drive, Suite 103 Kalispell, MT 59901 406, 755.8602•fax 406.755.8710 Email mail@stellinginc.com March 12, 2008 Ms. Darlene Schottle, Superintendent Flathead School District No. 5 233 1" Avenue East Kalispell, MT 59901 RE: Timberwolf Center Subdivision, Phase 1 Dear Ms. Schottle: In follow up to recent discussions between representatives from School District No. 5 and the Department of Natural Resources & Conservation (DNRC), Stelling Engineers, Inc. has refined the conceptual road plan for the Timberwolf Center subdivision in an effort to address school district concerns. The revised Conceptual Road Plan (attached) meets the following criteria: • The integrity of the original road plan will be maintained with a "Ring -of -Roads" surrounding the Glacier High School property; no private lots for development will be allowed contiguous to high school property. • There will be no change to the acreage of the Glacier High School easement or the acreage of road and sewer easement purchased by the school district. • A small lot will be created at the intersection of Wolfpack Way and Timberwolf Parkway which will be designated park land and will include provisions which allow the Glacier High School to plan, develop, and maintain landscaping within the designated area (0.15 acres). We request the School District to review the attached plan and provide comment as soon as possible. Sincerely, :5Je f Walla, P.E. Stelling Engineers, Inc. Enclosure Cc: Gordon Whirry, Gordon Whirry Architecture Steve Lorch, Department of Natural Resources and Conservation CADocuments and SettingsVePflMy Documents\Kalispeil Branchxprojects-Active\2007�2762 DNRC-DEQ DevelopmentlCorrespondence\Outgoing\Agency\School District No. 5 Ltr_doc STATE OF MONTANA DEPARTMENT OF ADMINISTRATION ARCHITECTURE & ENGINEERING DIVISION NOTICE TO PROCEED August 22, 2008 Re: Co -Locate DNRC & DEQ, Kalispell Department of Natural Resources & Conservation A/E #27-38-01 Michael Jackola, Director of Operations Hammerquist Casalegno, LLC 1417 First Avenue East Kalispell MT 59901 Dear Mr. Jackola: Your firm has been awarded the contract for the entire referenced project for the sum of BASE BID: THREE MILLION FOUR HUNDRED FORTY-FOUR THOUSAND NINE HUNDRED EIGHTY ONE AND N0/100 DOLLARS ($3,444,981.00); PLUS ADDITIVE ALTERNATE #1: SIX HUNDRED FORTY- THREE THOUSAND NINE HUNDRED SIXTY-ONE AND N0/100 DOLLARS ($643,961.00); PLUS ADDITIVE ALTERNATE #2: FORTY-NINE THOUSAND FOUR HUNDRED SIXTY-TWO AND N0/100 DOLLARS ($49,462.00): PLUS ADDITIVE ALTERNATE #3: TEN THOUSAND SIX - HUNDRED EIGHT AND N0/100 DOLLARS ($10, 608.00); FOR A TOTAL CONTRACT SUM OF FOUR MILLION ONE HUNDRED FORTY-NINE THOUSAND TWELVE AND N0/100 DOLLARS ($4,149,012.00). The signed contract is enclosed. You are hereby notified to proceed with this project on AUGUST 22, 2008 OR UPON RECEIPT OF THIS NOTICE and have it completed within FOUR HUNDRED FIFTY (450) CONSECUTIVE CALENDAR DAYS. Therefore, your completion date is NOVEMBER 13, 2009. Conditions affecting the contract are: LIQUIDATED DAMAGES IN THE AMOUNT OF TWO HUNDRED AND N0/100 DOLLARS ($200.00) PER CALENDAR DAY. ENCLOSED IS YOUR BID SECURITY B. O'QONNELL, Admini Division ks enclosures cc: Gordon Whiny Architecture, Great Falls Bob Sandman, DNRC, Kalispell Joe Triem, A&E Division Design Phase Project Manager Chris Ames, A&E Division Construction Project Manager STATE OF MG..ITANA DEPARTMENT OF ADMINISTRATION ARCHITECTURE AND ENGINEERING DIVISION 1520 East Sixth Avenue • P.O. Box 200103 • Helena, Montana 59620.0103 Phone: 406.444.3104 . Fax: 406.444.3399 STANDARD FORM OF CONTRACT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION THIS CONTRACT IS SUBJECT TO ARBITRATION PURSUANT TO THE UNIFORM ARBITRATION ACT, MCA TITLE 27, CHAPTER 5 This CONTRACT is made as of: August 14, 2008 BETWEEN: HAMMERQUIST CASALEGNO, LLC 1417 FIRST AVENUE EAST KALISPELL MT 59901 406 257-6856 fax 406 257-8919 Herein after identified as the "CONTRACTOR" and the State of Montana, acting through its Director, Department of Administration, hereinafter identified as the "OWNER": Department of Administration, State of Montana P.O. Box 200103, 1520 East Sixth Avenue Helena, MT 59620-0103 W ITNESSETH that the Contractor and the Owner, for the consideration hereinafter named, agree as follows: ARTICLE 1 — SCOPE OF WORK The Contractor shall perform all Work as shown in the Contract Documents entitled: CO -LOCATE DNRC&DEQ, KALISPELL DEPARTMENT OF NATURAL RESOURCES & CONSERVATION A/E PROJECT #27-38-01 As prepared by: GORDON WHIRRY ARCHITECTURE 1912 FOURTH AVENUE NORTH GREAT FALLS MT 59401 406 452-4370 fax 406 761-7031 Herein after identified as the "ARCHITECT/ENGINEER" ARTICLE 2 — TIME OF COMPLETION As time is of the essence in performance, coordination, and completion of the Work contemplated under this Contract, the Work to be performed shall commence on a date set forth by the Owner in a written "Notice To Proceed" and shall be completed within: FOUR HUNDRED FIFTY (450) CONSECUTIVE CALENDAR DAYS. If the Work is not completed within the time specified, the Owner may assess liquidated damages in the amount of: TWO HUNDRED AND NO/100 DOLLARS ($200.00) PER CALENDAR DAY. ARTICLE 3 — CONTRACT SUM The Owner shall pay the Contractor for performance of the Work, subject to additions and/or deductions by Change Order or damages as provided in the Contract Documents, the Contract Sum of: BASE BID OF THREE MILLION FOUR - HUNDRED FORTY-FOUR THOUSAND NINE HUNDRED EIGHTY ONE AND NO/100 DOLLARS ($3,444,981.00), PLUS ADDITIVE ALTERNATE #1: SIX HUNDRED FORTY-THREE THOUSAND NINE HUNDRED SIXTY-ONE AND NO/100 DOLLARS ($643,961.00); PLUS ADDITIVE ALTERNATE #2: FORTY-NINE THOUSAND FOUR HUNDRED SIXTY-TWO AND NO/100 DOLLARS ($49,462.00); PLUS ADDITIVE ALTERNATE #3:TEN THOUSAND SIX -HUNDRED EIGHT AND NO/100 DOLLARS ($10,608.00); FOR A TOTAL CONTRACT SUM OF FOUR MILLION ONE HUNDRED FORTY-NINE THOUSAND TWELVE AND NO/100 DOLLARS ($4,149,012.00). S.\Share\Construction\Construction_Contract_Award\Forms 110\273801 Formi 10.doc FORM 110 Last form revision (03-15-2007) Page 1 of 2 ARTICLE 4 — PROGRE; .-IAYMENTS The Owner shall make payments on account in accordance with the Contract Documents as follows: Ninety -Five (95%) of the portion of the Contract Sum for labor, materials, and equipment incorporated in the Work and for materials suitable stored. The Contractor shall be aware that the Owner has thirty-five (35) calendar days upon receipt in which to make approval and payment without being in violation of statute or being subject to the accrual of interest shall, or the need to make written notice or justification to deny payment in whole or in part. The Contractor shall, within seven (7) calendar days following receipt of payment from the Owner, make payment to subcontractor(s). ARTICLE 5 — FINAL PAYMENT Final Payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when: 1) the Work is completed in accordance with the Contract Documents; 2) the Contract fully performed; 3) a final Form 101, Periodic Estimate for Partial Payment showing the final correct amounts is approved by the Arch itect/Engineer; 4) a Form 106, "Contractor's Affidavit of Completion, Payment of Debts and Claims, and Release of Liens" is completed and submitted; and 5) a Form 103, "Consent of Surety Company To Final Payment" is completed and submitted. ARTICLE 6 — CONTRACT DOCUMENTS The Contract Documents, together with this Contract, form the entire Contract and Agreement between the Contractor and Owner. The Contract Documents, which are totally and completely a part of this Contract as if attached hereto or repeated herein, are enumerated in the General Conditions of the Contract for Construction inclusive of Wage Rates, Reports, and all other items bound with the Specifications and/or Project Manual(s). ARTICLE 7 — PREVAILING WAGE SCHEDULE The Contractor and all subcontractors at any tier or level shall, as a minimum, pay the standard prevailing rate of wages schedule (including per diem, fringe benefits for health, welfare, and pension contributions and travel allowance) in effect and as applicable to the district in which the Work is being performed. ARTICLE 8 — VENUE In the event of any mediation, arbitration, or litigation concerning any matter or dispute arising out of or related to the Contract, venue shall be the First Judicial District in and for the County of Lewis and Clark, Montana. The Contract shall be interpreted and subject to the laws of the State of Montana. EXECUTION OF THIS CONTRACT This Contract is entered into as of the day and year first written above: Contractor: Owner: RECEIVED ,ARCH. & ENGR. DIVISION / YGl Signature MX4-44461— �ftt.i4 (print name) oF- ©art*" 13-4 t . Title Is this company incorporated? Yes No K DEPARTMENT OF ADMINISTRATION STATE OF MONTANA _ n AUG 1 9 2008 THOfi�AS B. O'C MLLv Admi istrator, hitecture & Engineering Division for the R R, DEPARTMENT OF ADMINISTRATION HELENA. MON TANA Date CADocuments and SettingsWichaellocal Settings\Temporary Intemet FIes10LK1F1273801 Form110 (4).doc FORM 110 Last form revision (03-15-2007) Page 2 of 2 201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kaiispell.coni August 5, 2008 Jeff Walla, P.E. Stelling Engineers, Inc. 450 Corporate Dr # 103 Kalispell, MT 59901 RE: Timberwotf Center Phase 1 Dear Jeff: F7 RECEWED GIs 112906 STEELING ENGINEERS, INC- The construction plans and supporting documents for the referenced project are hereby approved. Attached is your copy of the letter of approval sent to the Flathead City -County Health Department and the Montana Department of Environmental Quality. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. Please call if you have any questions. Sincerely, Paul Paul E. Burnham, P.E. Assistant City Engineer Attachments: As Stated Public Works 201 1' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 ww w. kati snelllcoin August 5, 2008 Department of Environmental Quality Public Water Supply Section Permitting and Compliance Division 109 Cooperative Way, Suite 105 Kalispell, Montana 59901-2389 Attention: Emily Gillespie, P.E. Environmental Engineer RE: Timberwolf Center Phase 1 Dear Emily, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Stelling Engineers, Inc., for the water main, sanitary sewer main and appurtenant improvements. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. Please call if you have any questions. Sincerely, Paul E. Burnham, P.E. Assistant City Engineer cc: Jeff Walla, P.E. Stelling Engineers, Inc. 450 Corporate Dr # 103 Kalispell, MT 59901 Publte Works Department 201 1" Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kalispell.coni August 5, 2008 Dick Montgomery, P.E. Environmental Health Services Flathead City -County Health Department 1035 First Avenue West Kalispell, Mt. 59901 Re: Timberwolf Center Phase 1 Dear Dick, This letter is to confirm that the City of Kalispell has reviewed and approved the construction plans and specifications prepared by Stelling Engineers, Inc., for the water main, sanitary sewer main and appurtenant improvements. The Kalispell water distribution system and sanitary sewer system has adequate capacity to serve the project. Please call if you have any questions. Sincerely, Paul E. Burnham, P.E. Assistant City Engineer cc: Jeff Walla, P.E. Stelling Engineers, Inc. 450 Corporate Dr # 103 Kalispell, MT 59901 Page 1 of 2 Nicole Johnson From: Paul Burnham [pburnham@kalispell.com] Sent: Thursday, September 25, 2008 4:37 PM To: 'Nicole Johnson' Cc: 'Frank Castles' Subject: RE: Paperwork... Nicole —we have approved their road improvements on Stillwater and within the subdivision. Paul B. Paul E. Burnham, P.E. City of Kalispell Public Works Department 201 1 st Ave. East Kalispell, Montana 59901 phone: 406-758-7727 fax: 406-758-7831 From: Nicole Johnson [mailto:njohnson@kalispell.com] Sent: Thursday, September 25, 2008 4:18 PM To: 'Nicole Johnson'; fcasties@kalispell.com; Paul Burnham Subject: RE. Paperwork... I'm writing the staff report for final plat approval and just wondered if you guys has sent a specific letter to Stelling approving the road improvement component? If not, I would appreciate an email addressing this condition as I don't think I have one ... let me know if I'm wrong. Paperwork... ugh. From: Nicole Johnson [mailto:njohnson@kalispell.com] Sent: Tuesday, September 09, 2008 3:09 PM To: fcasties@kalispell.com; Paul Burnham Subject: Have you sent a letter to Stelling or DNRC approving their road and infrastructure improvement plans? Condition 3. The project site's frontage along Stillwater Road (as well as frontage along the Forest Service lease site to the north if bonding is in place) and Timberwolf Parkway shall be improved in accordance with the City of Kalispell's Standards for Design and Construction and Montana Public Works Standards; and shall be certified by an engineer licensed in the State of Montana. All design work shall be reviewed and approved by the Kalispell Public Works Department prior to construction. This infrastructure shall include but not be limited to streets, street lighting, street signage, curb, gutter, street trees, boulevard and sidewalk and shall be installed along Stillwater Road and Timberwolf Parkway. New infrastructure shall tie into the existing street infrastructure. Note: Bike/pedestrian path in lieu of a sidewalk along the Stillwater Road frontage that ties into the bike/pedestrian path to the north on the Forest Service lease site is required. Additionally, sidewalks and landscaping other than seeding are not required on the southern portion of Timberwolf Parkway. 9/25/2008 Page 2 of 2 (Findings of Fact, Section D) Nicole C. Johnson City oFKalispell - Planning Department 201 First Avenue East Kalispell, Montana 59901 (406) 758-7940; 758-7739 Coax) njohnsonokalispell.com 9/25/2008 Page 1 of 1 Nicole Johnson From: Frank Castles [fcastles@kalispell.com] Sent: Monday, September 08, 2008 3:44 PM To: 'Nicole Johnson' Subject: RE: Timberwolf center - another question The Traffic Impact Study and the roundabout design has been approved for the subject project. Thanks, Frank Castles, P.E. Deputy Public Works Director Phone: 406-758-7724 Fax: 406-758-7831 From: Nicole Johnson [mailto:njohnson@kalispell.com] Sent: Monday, September 08, 2008 2:15 PM To: fcastles@kalispell.com Subject: Timberwolf center - another question Frank — has this condition been met? I know we're working on the security, but has the traffic impact study and roundabout design been approved? Condition 7. A Traffic Impact Study shall be completed to address traffic volumes potentially generated by the Timberwolf Center and suggested design and any required mitigation shall be incorporated. The Traffic Impact Study shall be submitted for review and approval to the Public Works Department prior to submittal of the intersection and road upgrade plans related to the Timberwolf Center project. This must be completed for the Timberwolf Center (phases 1 and 2) prior to final plat for Phase IA of the Timberwolf Center project. (Findings of Fact, Section D) Nicole C. Johnson City OCK.45pell - Planning Department 201 First Avenue East Kalispell, Montana 59901 (406) 758-7940; 758-7739 Of x) niohnsonokalispell.com 9/8/2008 Page 1 of 1 Jeff Walla - Stillwater Road/Farmstead Parkway Intersection From: "Greg Stratton" <g.stratton@theaspengroup.com> To: "Steve Lorch" <slorch@mt.gov>, "Jeff Walla" <JWalla@stellinginc.com> Date: 8/20/2008 10:50 AM Subject: Stillwater Road/Farmstead Parkway Intersection CC: <sconrad@kalispell.com>, "Tom Jentz" <tjentz@kalispell.com>, "Debbie Street" <D.Street@MtDig.net>, "Frank Castles" <fcastles@kalispell.com> Steve and Jeff: A representative or the Starling Project we are in general agreement with utilizing a roundabout for the Stillwater Road/Farmstead Parkway/Timberwolf Parkway intersection. We are currently reviewing the preliminary design documents provided by Jeff Walla and are in general agreement with the geometries of the intersection. We assume that we will be able to provide input through the remainder of the design process. Another issue we are facing is that the modification to the intersection will result in several design modifications to our entry. As you know we spent a lot of time and effort to get both our design and planning approved by the City of Kalispell. We assume that DNRC will provide funding to facilitate the design modifications that will be necessary as a result of the new intersection. Please provide assurances of the above so that we can move forward with final design of our entry and final review of the intersection plans. Thanks for you efforts and cooperation in this matter. Sincerely Greg Stratton Vice President — Montana The Aspen Group 25A Clifden Drive Bozeman, Montana 59718 406-599-5603 Cell 406-587-0154 Office 406-587-2887 Fax file://C:\Documents and Settings\Jeff\Local Settings\Temp\GWJ0000l.HTM 8/20/2008 From DNRC LO 406-751-2288 Mon 22 Sep 2008 03:34:47 PM MDT Page 2 of 4 09/22/2008 14:19 4442684 DNRCNDQTRS PAGE 02/03 MEMORANDUM OF UNDERSTANDING between: State of Montana, Department of Natural Resources and Conservation and The City of Kalispell, Montana concerning: Providing Financial Security for the construction of a Roundabout on Stillwater Road I. Pumose_ The City of Kalispell, Public Works Department and the State of Montana, DNRC, agree that, as a condition of final plat approval for the Timberwolf Phase I -A Subdivision, they should enter into an agreement to secure the financial requirements of constructing a roundabout traffic structure ori. Stillwater Road which is to be constructed when Farmstead Parkway is fully constructed. The parties agree that DNRC should be obligated to pay for one half of the roundabout structure and that it currently has sufficient funds for such obligation. However, it does not possess sufficient funds to provide for botli construction of its portion of the roundabout and to post a performance bond for the construction of the roundabout traffic structure. Consequently, the City of Kalispell and the Montana DNRC seek by this MOU to come to an understanding whereby financial guarantees may be given to ensure that the roundabout traffic structure is constructed. II. Objective. The purpose of this Memorandum of Understanding (MOU) is to establish an agreement between the Montana DNRC and the City of Kalispell to financially guarantee the construction of DNRC's portion of the Stillwater Road roundabout traffic structure, and to address any responsibility that DNRC may have for the construction of the roundabout traffic structure. Ill. Authority. TMs memorandum is entered into under the following authorities: The, funds referred to in this MOU were appropriated in the 2007 May Special Session, House Sill 4, 76-3-501 MCA, and 28-08-06 KMC. DNRC, through the Department of Administration under Section 17-7-211.(b), MCA, has obtained spending authority for these fiends through a budget amendment for $499,696.88 within fund 02450. IV. Procedure. A. Montana DNRC Responsibilities 1. DNRC agrees that a roundabout traffic structure will need to be constructed if. Farmstead Parkway is fully constructed. DNRC hereby agrees that it is responsible for the payment of one half of the total costs of construction of the roundabout traffic structure. DNRC shall therefore convey its project budget appropriations in. the arnount of $499,696,88, as set forth in the Final Cost Estimate set forth in Exhibit "A", to the City of Kalispell upon receiving written notice from. the City From DNRC LO 406-751-2288 09/22/2000 14:19 4442684 Mon 22 Sep 2008 03:34:47 PM MDT DNRCHDQTRS Page 3of4 PAGE 03/03 . that the Farmstead Parkway/Stillwater Road intersection project has been committed. 2. DNRC farthar agrees that it hereby waives all right to protest the creation of a Special Improvement District as authorized by Title 7, Chapter 12, Part 41 MCA., or any right it may have to an agency exemption from the obligations of a Special Improvement District to the extent that the District is created to pay the costs of constructing one half of the above described roundabout traffic structure not otherwise secured in Paragraph IV(1) above. B. City of Kalispell_ Responsibilities 1. Upon receipt of the appropriation funds described above, ftom the Montana DNRC, the City of Kalispell shall complete Montana DNRC's construction responsibilities for the roundabout traffic within one year of receipt of the funding and DNRC shall be excused from any further responsibility for its construction. V. Administration. Modifications to this MOU may be proposed by either party and shall become effective upon the written approval by both parties. Changes to this MOU must be initialed and dated on each replacement page by an authorized agent of each party. This MOU will become effective upon signature of all of its participants. DATED this .s day of, September, 2008. CITY OF KALISPELL J es H. Patrick City Maulager M_ ONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Mary Se on Director 2 Return to: Charles Harball City Attorney 201 First Avenue East Kalispell, Montana 59901 200800026045 II{Igllllllltl111tl1{III{I�IIItlIIIIIIIIIII{III�1111111111111111111�ltl�N{I Fees: $21.00 / Paula Robinson, Flathead County MT by ]S 9/17/2008 4044 PM _ _ RIGHT OF WAY EASEMENT AGREEMENT O RIGHT OF WAY EASEMENT granted this `C,47-day of September 2008 by Grosswiler Dairy, Inc., a Montana corporation with its principal place of business in Flathead County, Montana (herein "Grosswiler") to the City of Kalispell, Montana, a 0 political subdivision of the State of Montana (herein "City"). ,0 Recitals Grosswiler owns the real property described as Parcel 1 and Parcel 2 on Certificate of Survey No. /84 6 S , as recorded in the records of Flathead County, Montana; Grosswiler has agreed to grant an easement to the City for the purpose of -�= constructing public rights of way as set forth below; and µ'me The City has agreed to accept said easement according to the terms set forth below. NOW, THEREFORE, for good and valuable consideration, including the prospective benefits to be derived by reason of locating, establishing, constructing and maintaining the public rights of way as described below, Grosswiler and the City agree as follows: 1. Grant of Right of Way Easement. Grosswiler hereby releases and conveys to the City an easement for a right of way for public roadways known as Timberwolf Parkway and Stillwater Road, as depicted on Exhibit A attached hereto and incorporated herein by reference, over and across the real property described as follows: That portion of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter and the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Beginning at the southwest corner of the Southwest Quarter of the Southwest Quarter of the Northwest Quarter of Section 36, Township 29 North, Range 22 West; thence along the west line of said aliquot part, North 00°04'04" West 661.40 feet to the northwest corner thereof; thence along the north line of said aliquot part, North 89°58'55" East 662.08 feet to the northeast corner thereof; thence along the east line of said aliquot part, South 00°04'29" East 33.67 feet; thence parallel with the north line of the above said aliquot part, South 89°58'55" West 557.00 feet; thence South 46°05'14" West 90.24 feet; thence parallel with the west line of said aliquot part, South 00°04'04" East 565.17 feet to a point on the north line of the Northwest Quarter of the Northwest Quarter of the Southwest Quarter of Section 36, Township 29 North, Range 22 West, said point bearing South 89°59'54" East 40.00 feet from the northwest corner thereof; thence parallel with the west line of said aliquot part, South 00°13'03" East 660.44 feet to a point on the south line of said aliquot part; thence along the south line of said aliquot part, North 89°55'26" West 40.00 feet to the southwest corner thereof; thence along the west line of said aliquot part, North 00013'03" West 660.39 feet to the Point of Beginning, containing 1.741 acres of land, more or less, and shown as Parcel 1 on Certificate of Survey 18 q 6 S , records of Flathead County, Montana. 2. Purpose. The easement and right of way conveyed and released by this easement is for the sole purpose of allowing the City to locate, establish, construct and maintain over and across the above -described real property the public roadways shown on Exhibit A. The parties further agree that the City may locate underground public utilities under and across the above -described real property. The parties also agree that Grosswiler may access Timberwolf Parkway as shown on Exhibit A and, consistent with City regulations in effect at the time, it may connect to public utilities located in the easement for the purpose of serving other real property owned by Grosswiler. Future Dedication_ Grosswiler agrees to dedicate the above -described real property to the City as public roadways as part of any subdivision plat that it submits in the future for the real property described as Parcel 1 and Parcel 2 on Certificate of Survey 18 965 to the City pursuant to Title 76, Chapter 3, MCA. 4. Inurement. This Agreement shall be binding on the parties hereto, their successors and assigns. Illlalll I II I111181i111llal IIIlllll Illlllgl Ilgl IIIIIIIIIYI Ilq itl11III IIII 045 Page: 2 of 3 Paula Robinson, Flathead CountyMT b 7S Fees: $21.00 _. -- _Y 9-117,2008 4:44 PM IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. GROSSWILER DAIRY, INC. CITY OF KALISPELL, MONTANA By Catherine R. Baier, President J es H. Patric City Manager STATE OF MONTANA ss. County of Flathead ". This instrument was acknowledged before me on the day of September, 2008, by Catherine R. Baier, President of Grosswiler Dairy, Inc. Printed Name: 1 Notary Public (f r the Residing My commission ex is STATE OF MONTANA } ss. County of Flathead ) of Montana . Montana On this 1"ll`4 day of September, 2008 before me, a Notary Public for the State of Montana, personally appeared JAMES H. PATRICK and THERESA WHITE, known to me to be the City Manager and City Clerk, respectively, of the City of Kalispell, Montana, and acknowledged to me that they executed the foregoing instrument. Pnnted Name: • • •.• �' Notary Public for the State of Montana vTA.z Residing at 1�� '�?S , Montana SISAL My commission expires tj - - '1 f � � 1 l l l l \ \�` I IIIIIII I II I II I{II IIIIII I IIII IIII IIII IIII III IIII IIII IIYI IN III III III IN Page: 3 of 3045 Fees".$21.00 Paula Robinson, Flathead County MT by JS 9/17/2008 4:44 PM zF EY E €I5 nsgUl �' IR all ��g eo y EWill y Lc nF n gg i $ c@iwEm'f 8 Z B ar �-0ao lz 'cZym s 3 w W 1 = w 1�� p � P � U DIM. v ' 9 5�� '_° � •. _,� � .�. � U {Ulm _ i E cW a8 Ill � OM.-; aat a � jjsj 5 L� 8 ` 8Q sa s m$ E' €gal, E 8� �f"a�` S8 Via- 3 A -0 �� agH0,2H,�sm ry c� m $5g2 ro:£3 gg-2 ul rya oar Lij Z Z Z , 3YtrAt. AO'{99 K'C _t \ Z6Z6! "ON SD� la�led Or " _ �12 A3N.9S't9930L60.005) (17323.SS'L993SGe0.005) (E U3tl q'L993,LE{L.00S) It U3N AS'0993.Y{.Lt.006) Z I_ wl. 3YYA 1,005 W 0./ O Z i 1 9e'eze I mot' Z= ml O a aI Ol Q "' Uz Qw N = w- Z cn O ,,_ �b00'QJ W M,� U O S i `� F-a- U d w W w N sc �° n's99 3so.Ya9os e /7�(`2iU3tlTbCT'{9�3TM/.'O'�CYO.00^N)l/l ]73!tl�b�C�L99 MT.fk^00.00N/1{ (� t)1� �7{..) `r (`27�,7 A7O'099M♦.�9L�E7L.�W(N(ISTL U['� bE'099 ALL6f{.00N) '�, axr9L 11 Y O Q k LN OD (la iDall 107 lhY060.00N^� \ .Z9'Ls9L G V Q Q.11VAN 1 IS Mf9tt.00N :n vi ,n 1 �s) O of Wlcn MI. �C V - _r 4O SO Oyu W� ¢ CWWWDO 3�'Pill g ZYg u x� o N a W T• 0 O• O F.?S '' N MEMORANDUM OF AGREEMENT ON Allocation of Water Rights Appurtenant to Section 36 Township 29 North, Range 22 West, P.M.M., Flathead County, Montana BETWEEN CITY OF KALISPELL, MONTANA PUBLIC WORKS DEPARTMENT AND MONTANA STATE BOARD OF LAND COMMISSIONERS DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION TRUST LAND MANAGEMENT DIVISION I. AUTHORITY This memorandum of agreement (MOA) between City of Kalispell acting through the Public Works Department (hereafter referred to as "City") and the Montana State Board of Land Commissioners acting through the Department of Natural Resources and Conservation (DNRC) Trust Land Management Division (hereafter referred to as "Trust Lands") is entered into pursuant to Kalispell City Resolution No. 5270, A Resolution Conditionally Approving the Preliminary Plat of Timberwolf Center Subdivision, more particularly described as the northeast Quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. II. BACKGROUND The DNRC submitted a preliminary plat for the Timberwolf Center Subdivision to the City of Kalispell Planning Department. The Kalispell City Council adopted the Findings of Fact as contained in the Planning Department Report #KPP-08-1 and grant subdivision approval in accordance with Resolution No. 5270 on March 17, 2008. This resolution contained 25 conditions that require conformance prior to filing the final plat of said subdivision in the office of the Flathead County Clerk and Recorder. Condition 12 requires an allocation of appurtenant water rights and establishment of a wellhead protection zone for the existing high capacity well within the subdivision. The specific criteria of this condition provide: The water rights allocated to the developer (owner - DNRC), both surface and ground, shall be transferred to the city to the fullest extent possible in compliance with applicable statutes and regulations with the filing of the final plat of Phase IA, Lot 1, to insure the orderly accounting of water rights and to protect the future water need of the City of Kalispell for its users. A rectangular easement shall be provided along the south boundary of phase IB, Lot 2 encompassing the existing well site. This easement shall be large enough to contain a well house approximately 26 feet by 24 feet with due consideration to the setback limits imposed by the zoning requirements. In addition within the same easement, a clear space of 20 feet shall be provided around the well head. A well head protection zone shall be provided and shown on the final plat of lots I and 2. This well head protection zone shall meet the requirement of the Montana Department of Environmental Quality Standards for Water Works DEQ 1, Paragraph 3.2.3 (February 24, 2006 Edition). (Findings of Fact, Section D). III. PURPOSE AND OBJECTIVES This MOA between the City and Trust Lands is entered into in order to explicitly fulfill Condition 12 of Resolution No. 5270. The objective of this MOA is to facilitate an orderly change of ownership of certain water rights appurtenant to Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana from Trust Lands to the City. IV. WATER RIGHTS APPURTENANT TO SECTION 36 Water right 761J 25900-00 is a Statement of Claim for 620 acre-feet (ac-ft) to irrigate 310 acres in the east half of Section 36; the associated pumping rate is 3,000 gallons per minute (gpm). Similarly, water right 76LJ 112585-00 is also a State of Claim to irrigate 310 acres but for the west half of Section 36 with an associated volume of 620 acre-feet and at a pumping rate is 3,000 gpm. DNRC sold 85.22 acres in the southwest corner of Section 36 to a private party without transferring any of the water rights to that party. Therefore, the irrigation water rights are appurtenant to the remaining 534.78 acres of Trust Land property. The two water rights have a combined volume of 1,240 ac-ft. However, the DNRC has a long-term lease with Kids Sports, Inc. for Area BC (93.8 acres) and Area BC4 (28.1 acres). A portion of water right 761 J 25900-00 is used to irrigate the Kids Sports soccer, football, and baseball fields. The fields consist of grass sod that is irrigated throughout the growing season. The application volume associated with Kids Sports is 220 ac-ft/acre. Therefore, this leaves a balance of 410 ac-ft on water right 76LJ 25900-00. Both water rights have a priority date of March 15, 1972. In addition, both water rights utilize the same point of diversion (POD), which is a 400-foot deep well located in the NWr/a, SWr/a, NWIA of Section 36. The period of appropriation for each right is April 1 to October 15, per annum. Therefore, the City will only be able to exercise this water right during the specified period of appropriation. 2 V. BASIS OF ALLOCATION The DNRC originally developed the Spring Prairie Neighborhood Plan for Section 36 that became a Planned Unit Development (PUD) overlay to comply with city zoning classifications. The amended PUD overlay was adapted by Ordinance 1486 on December 15, 2003 and Section 36 has been annexed into the City of Kalispell with the exception of the 20 acres that are owned by Grosswiler Dairy, Inc. The three zoning classifications include mixed commercial (13-5), mixed professional (R-5), and mixed residential (R-4). The various uses associated with each zoning classification are contained in the Amended Spring Prairie PUD Agreement. Although Condition 12 is limited to the Timberwolf Subdivision, it was decided that it would be in the best interest of both parties to include the remaining undeveloped parcels within this section. The rationale for this decision was twofold: (1) the City will include the same condition on future subdivisions as development proceeds; and (2) completing the change processes now will reduce the number of applications from 11 to 1 change, which provides a significant scale of economy. In addition, the basin is currently open to accomplishing this process and could possibly change at some time in the future. Applied Water Consulting, LLC (hereafter referred to as AWC), was retained to establish water volumes applicable to each of the three zoning classifications. The methodology used to determine these appropriations is contained in a technical memorandum entitled: Timberwolf Center Subdivision Water Right Appropriation (AWC, September 9, 2008). The following table provides a summary of the average use volumes calculated for each zoning classification and the total volume for the entire 11 undeveloped parcels. Table 6 Summary of Volume Calculations Zoning Classification Annual Volume (acre-feet) Mixed Professional (R-5) 356.40 Mixed Commercial (B-5) 112.45 Mixed Residential (R-4) 66.46 Total Annual Volume 535.31 As shown, the total annual volume for the change application from Trust Land to the City would be 535.31 acre-feet. The flow rate from the well would be 1,525 gpm, which is the balance not used by Kids Sports. In addition, Trust Lands has provided a rectangular easement along the south boundary of phase 113, Lot 2 encompassing the existing well site and has established a 100-foot radial easement around the wellhead, which will be utilized as the wellhead protection/control zone. This easement provides City access to the well for future pumping and the protection/control zone is commensurate with the requirements set forth in Montana DEQ Circular 1. 3 VI. WORKING AGREEMENT The Parties agree the following items will constitute the MOA: 1. Trust Lands agrees to the change of water right ownership as set forth herein and the establishment of appropriate easements and well access to facilitate use of the well as a public water supply source owned by the City of Kalispell. The water right change will be in the amount of 535.31 acre-feet and the pumping rate will be 1,525 gallons per minute. 2. Grant of Easement. Trust Lands hereby grants to the City a perpetual easement on, over, and under the Trust Lands Parcel allowing the City use of such property as follows: to establish and maintain a municipal water well in the southeast corner of the Trust Lands Parcel; e to maintain water well facilities at such site (including without limitation a well head, pump house, purification facilities, parking, etc.) within the designated area of the Trust Lands Parcel; to place and maintain an underground waterline and other utilities (along the path described in this subparagraph), and to have vehicular and other access to such waterline, utilities, and all other water well facilities along the northern thirty feet of the Trust Lands Parcel from the western boundary of the Trust Lands Parcel to a point 202 feet from the eastern boundary of the Trust Lands Parcel, and from there along that boundary south no wider then 30 feet to the water well facilities; and otherwise restricting use of the Trust Lands Parcel as set forth below. This easement shall be perpetual and shall run with the Trust Lands Parcel. 3. Restricted Uses. The uses of the Trust Lands Parcel within 100 feet of the wellhead (Control Zone), described above, shall be restricted as follows: A. Discharge. No person shall discharge, or cause, or permit the discharge of regulated substances to the groundwater or surface water that may have a deleterious affect on the groundwater in the City, unless the discharge complies with federal, state, and local regulations. B. Septic Tank Systems. No septic system, wastewater disposal system, sewer pipe, sewage lift station, French drain, or class V injection well, shall be located within the Control Zone. 11 C. On -Site Sewage Disposal. No person shall place, maintain, or operate on - site sewage disposal from a septic tank or wastewater treatment plant within the Control Zone upon any lot abutting any portion of any public street in which such portion of such street a public sewer is laid. No person shall place, maintain, or operate on -site sewage disposal such as a septic tank system within the Control Zone. D. Petroleum Products. No person shall discharge any petroleum product(s), treated or untreated, in the Control Zone. E. Underground Storage Tanks. No underground storage tanks used to store regulated substances may be installed in the Control Zone for any type of purpose. F. Dry Wells and/or Storm Water Detention Ponds. No person shall direct the discharge of any regulated substance, directly or indirectly, into the groundwater by the use of a dry well, detention pond, retention pond, or storm water swale within Control Zone. G. Solid Waste Disposal. It shall be unlawful to place or maintain any solid waste disposal, transfer, or processing facility, or any hazardous material waste disposal, transfer, or processing facility within the Control Zone. H. Storage Containers. All regulated substances outside of the Control Zone shall be stored in suitable containers to reduce the chance for the substances to be accidentally introduced into the environment. These storage containers shall be product -tight and shall be provided with secondary containment. Defective storage containers shall be removed from service for repair or disposal in accordance with local, state, and federal standards. I. Secondary Containment. Where secondary containment is required, it shall be constructed of a material of sufficient structural integrity and composition to contain the required volume of liquids and not be structurally weakened as a result of contact with the discharge of the regulated substance to be contained. The material shall be free of cracks, joints, gaps, or other imperfections that would allow leakage through the containment material. This containment can take many forms such as trays under containers, floor curbing or other systems designed to hold materials or liquids that may discharge from containers holding regulated substances. 4. Landscaping. The City shall use natural landscaping in such a manner as to visually shield the water well facilities from the remainder of the Trust Lands Parcel and adjoining parcels so long as vegetation does not interfere with Trust Lands operations. 5 VI. EFFECT AND DURATION This MOA is take effect upon signature of both parties and remain in effect for a period of twenty (20) years or until full build -out of the designated parcels. This MOA may not be amended nor can either party terminate participation in this agreement. IN WITNESS THEREOF each party hereto has caused this Agreement to be executed by an authorized official on the date set forth below. CHARLES A. HARBALL STATE OF MONTANA County of Flathead rDNOBERT SANDMAN RC Northwest Land Office Date: V4 Id WRI On thist&pay of September, in the year 2008, before the undersigned Notary Public for the State of Montana, personally appeared Charles A. Harball, the Acting City Manager of the City of Kalispell, Montana known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. {SEAL} otary Public, State of M ntana Residing in At-IsPo4j, A47- My commission expires: 02 o'xo/D n STATE OF MONTANA . ss. County of Flathead On this MH day of September, in the yeag 2008, before the undersigned Notary Public for the State of Montana, personally appeared i e f� �� , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove first written. { SEAL } Notary Public, State of Montana Residing in f�.f1.t, s�F,1.L9 Md�vr1,4 My Commission expires: 7 Technical Memorandum Applied Water Consulting, LLC TO: Jim Hansz, P.E., Kalispell Public Works Department Steve Lorch, Planner, DNRC — Northwest Land Office FROM: Roger A. Noble, Sr. Hydrogeologist/AWC COPIES: Frank Castles, Kalispell Public Works Department Terry Eccles, DNRC — Kalispell Water Resources Regional Office Kathy Olsen, DNRC — Kalispell Water Resources Regional Office DATE: September 9, 2008 SUBJECT: Timberwolf Center Subdivision Water Right Appropriation AWC Project No. 153-05 Introduction The Montana Department of Natural Resources and Conservation (DNRC) submitted a preliminary plat for the Timberwolf Center Subdivision to the City of Kalispell Planning Department. The subdivision is located in the northwest quarter of Section 36, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana. The Kalispell City Council adopted the Findings of Fact as contained in the Planning Department Report #KPP-08-1 and grant subdivision approval in accordance with Resolution No. 5270 on March 17, 2008. This resolution contained 25 conditions that require conformance prior to filing the final plat of said subdivision in the office of the Flathead County Clerk and Recorder. Condition 12 requires an allotment of appurtenant water rights and establishment of a wellhead protection zone for the existing high capacity well within the subdivision. The specific criteria of this condition provide: The water rights allocated to the developer (owner), both surface and ground, shall be transferred to the city to the fullest extent possible in compliance with applicable statutes and regulations with the filing of the final plat of Phase IA, Lot 1, to insure the orderly accounting of water rights and to protect the future water need of the City of Kalispell for its users. A rectangular easement shall be provided along the south boundary of phase 113, Lot 2 encompassing the existing well site. This easement shall be large enough to contain a well house approximately 26 feet by 24 feet with due consideration to the setback limits imposed by the zoning requirements. In addition within the same easement, a clear space of 20 feet shall be provided around the well head. A well head protection zone shall be provided and shown on the final plat of lots 1 and 2. This well head protection zone shall meet the requirement of the Montana Department of Environmental Quality Standards for Water Works DEQ 1, Paragraph 3.2.3 (February 24, 2006 Edition). (Findings of Fact, Section D). The purpose of this memorandum is to provide the support documentation that establishes the flow rate and volume of the existing water rights that are to be transferred from the DNRC to the City of Kalispell. Section 36 Water Rights Tech Memo September 8, 2008 Page 2 Background Information The DNRC is mandated by legislation to administer the State's Trust Lands of which Section 36 of Township 29 North, Range 22 West is a Trust Land property. The DNRC originally developed the Spring Prairie Neighborhood Plan for Section 36 that became a Planned Unit Development (PUD) overlay to comply with city zoning classifications. The amended PUD overlay was adapted by Ordinance 1486 on December 15, 2003 and has been annexed into the City of Kalispell with the exception of the 20 acres that are owned by Grosswiler Dairy, Inc. The three zoning classifications include mixed commercial (B-5), mixed professional (R-5), and mixed residential (R-4). The various uses associated with each zoning classification are contained in the Amended Spring Prairie PUD Agreement. A copy of the agreement is provided in Appendix A. A map showing the development areas and acreages is presented as Figure 1. A meeting was held on August 19, 2008 to establish the framework to transfer said water rights. Those in attendance included Steve Lorch, Community Planner — DNRC Trust Land Management Division; Terry Eccles, Kalispell Regional Manger and Kathy Olsen, Water Resources Specialist — DNRC Water Resources Division; and Roger Noble, Sr. Hydrogeologist, Applied Water Consulting on behalf of the City of Kalispell. Although Condition 12 is limited to the Timberwolf Subdivision, it was decided that it would be in the best interest of both parties to include the remaining undeveloped parcels within this section. A summary of future development acreage is presented on Table 1. The rationale for this decision was twofold: (1) the City will include the same condition on future subdivisions as development proceeds; and (2) completing the change processes now will reduce the number of applications from 11 to 1 change, which provides a significant scale of economy. In addition, the basin is currently open to accomplishing this process and could possibly change at some time in the future. Summary of Water Rights Appurtenant to Section 36 There are two irrigation water rights that are appurtenant to the remaining 620 acres of Trust Land property. Water right 76U 25900-00 is a Statement of Claim for 620 acre-feet (ac-ft) to irrigate 310 acres in the west half of Section 36; the associated pumping rate is 3,000 gallons per minute (gpm). Similarly, water right 76LJ 112585-00 is also a State of Claim to irrigate 310 acres but for the east half of Section 36 with an associated volume of 620 acre-feet and at a pumping rate is 3,000 gpm. Both water rights have a priority date of March 15, 1972. In addition, both water rights utilize the same point of diversion (POD), which is a 400-foot deep well located in the NWt/a, SWl/a, NWl/ of Section 36. The period of appropriation for each right is April 1 to October 15, per annum. The two water rights have a combined volume of 1,240 ac-ft. However, the DNRC has a long- term lease with Kids Sports, Inc. for Area BC (93.8 acres) and Area BC4 (28.1 acres). The total combined acreage is 121.9 acres, which is predominantly used for sports fields including soccer, football, and baseball. The fields consist of grass sod that is irrigated throughout the growing season. The application volume associated with water right 76LJ 112585-00 is two (2) ac-ft/acre. Therefore, the associated volume allotted for the Kids Sports complex is 243.8 ac-ft. Section 36 Water Rights Tech Memo September 8, 2008 Page 3 Table 1 SPRING PRAIRIE FUTURE DEVELOPMENT ACREAGE (obtained from Steve Lorch, DNRC Community Planner) Mixed Professional Zoning 3A — 1.9 acres 3B — 30.2 acres 12A — 57.0 acres (includes Timberwolf Center Subdivision Phase IA and 113) TOTAL 89.1 acres Mixed Professional Mixed Commercial Zonin 6B — 23.6 acres* 8A — 3.1 acres 8B — 6.2 acres 8C2 — 25.2 acres (includes DNRC office site (13 acres), which is anticipated to be rezoned to Mixed Commercial) TOTAL 58.1 acres* Mixed Commercial Mixed Residential Zoning 8D — 11.3 acres 12D — 3.8 acres *(expected to be rezoned Mixed Professional) 11D - 26.7 acres * TOTAL 41.8 acres* Mixed Residential *(includes some BPA powerline corridor limited use area) TOTAL UNDEVELOPED 189.0 acres Section 36 Water Rights Tech Memo September 8, 2008 Page 4 Assignment of Applicable Volumes There are several elements to a water right, one of which is the amount of water used for a specific purpose. Montana water law only allows for a reasonable amount based on the type of use. As previously mentioned, the 11 parcels have three different zoning classifications including: (1) mixed professional; (2) mixed commercial; and (3) mixed residential. Water consumption records were obtained from the Kalispell Water Department for three complete years (2005, 2006, and 2007). The annual volumes were subdivided into domestic and irrigation uses and then averaged to determine an appropriate use volume for each zoning classification. Copies of the spreadsheet calculations for each business and residence used in this assessment are contained in Appendix B. Mixed Professional Zoning Classification The mixed professional zoning classification consists of a wide variety of uses but was generally considered to be office and professional buildings as the basis for this assessment. Four commonly recognized professional centers were evaluated that included the National Flood Service Center, Kalispell Regional Medical Center (KRMC), Brendan House, and the former Crop Hail Insurance Building. A summary of the water consumption volumes for these facilities is provided on Table 2. As shown, water use ranges from 0.95 to 8.59 ac-ft/acre on an annual basis. The average use is 4.32 ac-ft/acre; excluding the low and high values the average use is 3.74 ac-ft/acre. Given this variance, an appropriate use rate for the mixed professional zoning classification would be 4.00 ac-ft/acre. There are 89.1 acres in this classification. Therefore, the volume associated with mixed professional zoning would be 356.4 ac-ft. Table 2 Summary for the City of Kalis ell's Professional Water Usage Per Acre Three Year Average Usage Lot Property/Owner 2005-2006-2007 Size Usage Per Acre (Acres) (Acre-ft/Acre) Irri ation Domestic Total Nat'l Flood Service 423,666 gal 1,387,666 gal 1,811,333 gal 5.86 0.95 1.30 ac-ft 4.26 ac-ft 5.56 ac-ft KRMC 4,583,667 gal 37,774,000 gal 42,357,667 gal 21.59 6.02 14.07 ac-ft 115.92 ac-ft 129.99 ac-ft Brendan House 21192,333 gal 4,220,000 gal 6,412,333 gal 2.29 8.59 6.728 ac-ft 12.95 ac-ft 19.68 ac-ft 826,333 gal 373,667 gal 1,200,000 gal Crop Hail Bldg 2.52 1.46 2.54 ac-ft 1.15 ac-ft 4 ac-ft Average Professional Usage Per Acre 4.32 Section 36 Water Rights Tech Memo September 8, 2008 Page 5 Mixed Commercial Zoning Classification The mixed commercial zoning classification is similar to mixed professional but also includes grocery stores and large-scale public assembly buildings. However, for the purpose of this evaluation we focused on retail businesses that commonly occupy commercial developments of this nature. Table 3 provides a summary of existing local businesses that are commensurate with this type of use. As shown, there is a considerable range in water consumption varying from 0.15 ac-ft/acre at the low end to a high of 28.79 ac-ft/acre. This calculates to an average use rate of 6.00 ac-ft/acre. However, this value is not considered to be representative because the car wash business significantly skews the average. Excluding the car wash, the average commercial use would be 1.44 ac-ft/acre. Although, the car wash needs to be factored into the total consumption rate. The mixed commercial zoning classification contains 58.1 acres. Using the average consumption rate of 1.44 ac-ft/acre, the annual volume equates to 83.66 ac-ft. Including the annual use of the car wash (28.79 ac-ft), the total annual volume associated with the mixed commercial zoning classification would be 112.45 ac-ft. Table 3 Summary for the City of Kalis ell's Commercial Water Usage Per Acre Three Year Average Usage Lot Property/Owner 2005-2006-2007 Size Usage Per Acre (Acre-ft/Acre) Irrigation Domestic Total (Acres) Target 577,000 gal 974,333 gal 1,551,333 gal 5.86 0.81 1.77 ac-ft 2.99 ac-ft 4.76 ac-ft Hilton Garden Inn° 546,000 gal 4,577,000 gal 5,123,000 gal 3.44 4.57 1.68 ac-ft 14.05 ac-ft 15.72 ac-ft Pro Clean 0 gal 6,380,333 gal 6,380,333 gal 0.68 28.79 0 ac-ft 19.58 ac-ft 19.58 ac-ft Lowes 1,967,667 gal 357,667 gal 2,325,333 gal 12.69 0.56 6.04 ac-ft 1.10 ac-ft 7.14 ac-ft Home Depot°° 47,000 gal 552,000 gal 599,000 gal 10.98 0.17 0.14 ac-ft 1.69 ac-ft 1.84 ac-ft 1,368,000 gal 3,012,500 gal 4,380,500 gal Costco 12.18 1.10 4.20 ac-ft 9.25 ac-ft 13.44 ac-ft ° One Year (2007) Average Commercial Usage Per Acre 6.00 Avera a Commercial Use Less Pro Clean 1.44 °°Two Year Average (2006-2007) Section 36 Water Rights Tech Memo September 8, 2008 Page 6 Mixed Residential Zoning Classification Mixed residential use was initially evaluated for five Kalispell residences using the same method previously described. A summary of the results is presented in Table 4. This set of data displays the most consistent use rates ranging from 0.72 to 1.04 ac-ft/acre with an average rate of 0.89 ac- ft/acre. Although this data is quite consistent, it is only representative of single-family domestic use (i.e. zoning classification R-1) and does not consider townhouses, condominiums, and other multi -family residential (i.e. zoning classification R-4), which the DNRC property is zoned. Therefore, the assessment was extended to include a denser residential population consistent with the R-4 zoning classification. Table 4 SUMM ry for the City of Kalis ell's Residential Water Usage Per Acre Three Year Average Usage Lot Property/Owner 2005-2006-2007 Size Usage Per Acre (Acres) (Acre-ft/Acre) Irrigation Domestic Total 530 Crestview Road 185,000 gal 41,000 gal 113,000 gal 0.16 0.81 0.57 ac-ft 0.13 ac-ft 0.35 ac-ft 94 Northridge Drive 138,333 gal 53,667 gal 149,667 gal 0.30 0.97 0.42 ac-ft 0.16 ac-ft 0.46 ac-ft 6 Duke Drive 69,000 gal 37,667 gal 106,667 gal 0.16 0.72 0.212 ac-ft 0.12 ac-ft 0.33 ac-ft 111 Beargrass Lane 97,000 gal 70,000 gal 167,000 gal 0.24 0.90 0.30 ac-ft 0.21 ac-ft 0.51 ac-ft 76,333 gal 55,000 gal 131,333 gal 15 Salem Street 0.16 1.04 0.23 ac-ft 0.17 ac-ft 0.40 ac-ft Avera a Residential Usage Per Acre 0.89 The current development trend is to have higher density residential subdivisions. Two new subdivisions that are utilizing this design are the Bloomstone Subdivision and the Glacier Town Center. The Bloomstone Subdivision is located in the southwest quarter of Section 36 and the Glacier Town Center is located in Section 30, which is immediately northeast of Section 36. The Bloomstone developers have an approved preliminary plat and the Glacier Town Center has an approved PUD overlay similar to the Spring Prairie PUD. Water demand rates obtained from the engineer's reports for both developments and are provided in Table 5. As shown, the engineers have the designed the development to have an annual consumptive rate of 2.02 ac-ft/acre. This higher use rate is commensurate with the higher residential density that will occur with these types of developments. Water use was also evaluated relative to DNRC general water requirements (Form No. 615 R7/00). The DNRC irrigation rate has been adjusted for 6 lots per acre (i.e. 2.5 ac-ft/6). Section 36 Water Rights Tech Memo September 8, 2008 Page 7 As shown on Table 5, the average domestic use rate is 1.59 ac-ft/acre. There are 41.8 acres designated as mixed residential, which would equate to a volume of 66.46 ac-ft/acre per annum. Table 5 Summ ry of Residential Use Rates Develo ment/Subdivision Rate Demand Volume ac-ft/acre Average Kalispell Residence 0.89 Bloomstone Subdivision Design 270 d/unit 569 units/85.22 acres 2.02 Glacier Town Center Design 300 d/lot 6 lots/acre 2.02 DNRC Form No. 615 137/00 1 ac-ft/unit for domestic 2.5 ac-ft/unit for irrig. assume 6 lots/acre 1.42 Average Domestic Use 1.59 Summary of Representative Use Volumes Table 6 provides a summary of the average use volumes calculated for each zoning classification and the total volume for the entire 11 undeveloped parcels. As shown, the total annual volume for the change application would be 535.31 acre-feet. The flow rate from the well would be 1,475 gpm, which is the balance not used by Kids Sports. Table 6 Summary of Volume Calculations Zoning Classification Annual Volume acre-feet Mixed Professional R-5 356.40 Mixed Commercial 13-5 112.45 Mixed Residential R-4 66.46 Total Annual Volume 535.31 Because there are two water rights, it will be necessary to review and delineate the acreage under each water right that will be affected. This will be conducted as part of the change application. C;1tY of KaliS.ef Parks and Recreation August 13, 2008 Gordon Whirry Architecture Attn: Gordon Whirry 1912 4th Avenue North Great Falls, MT 59401 Phone: (406) 452-4370 L. - .- - .. 306 1at Ave East — P O Box 1997 — Kalispell MT 59903-1997 Phone: (406) 758-7960 Fax: (406) 758-7719 Email: cfincher®kalispell.com Re_ DNRC/DEQ Co-Loca:e Landscape Plan Dear Gordon: This letter is to serve as approval on the proposed landscaping plans for DNRC/DEQ Go -Locate per the plans submitted by your off ce. It is agreed that if the project is extended, the developer will be responsible for submitting a memo of understanding, signed by tie developer and a parks representative, for the remaining improvements as specified on the submitted 31a.n for the DNRC/DEQ Co -Locate. The memo of understanding may not be longer than a period of V months. Tree plantings are required to meet the Street Tree Ordinance standards of 2'A" caliper aid of an approved species from the Kalispell Parks department planting list in addition to meeting ISA K lanting standards. Boulevards are to be seeded or sodded to meet city standards. Bushes to be u,,ed as buffers are required to be of planting materials that will reach screening heights to act as adequate buffers. In the area marked as Pond C there is a notation that there is to be future parking_ It appears that a small percentage of landscaping will be removed for those parking spaces. The parks department will require that those plantings that will be moved or taken out, be replaced along the ponds -:dge. It would behoove the developer or architects to move the plantings to border the pond now and L se an economical groundcover to be taken out when the future parking spots are installed. Final approval will be giv.;n upon completion, inspection and approval of the landscaping and tree plantings, at which time a certificate of Occupancy will be signed by our department. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsib a for replacement. It has been enjoyable working with you, if you have any concerns or questions please give me a call. Sincere! Chad Fincher. Parks Super ntendent Kalispell Parks and Recrea:ion -K-ALI P LL FIRE DEPARTMENT 312 First Avenue East Dan Diehl —Acting Chief = PO Box 1997 DC Haas —Assistant Chief e Kalispell, Montana 59901 (406)758-7760 FAX: (406) 758-7952 www.kalispell.com September 09, 2008 Jeff Walla, P.E. Stelling Engineers, Inc. 450 Corporate Drive, #103 Kalispell, MT 59901 Re: Timberwolf Center Dear Mr. Walla, In response to your request for approval of the above -referenced project, our department approves final plat for Timberwolf Center, with the following information and conditions: o It is understood no combustible construction will commence prior to secondary access road completion and installation of correct street name signage. Please contact me if you have any questions. incerely DC Haas Assistant Fire Chief, Fire Marshal cc: Nicole Johnson, Kalispell Planning Office "Assisting our community in reducing, preventing, and mitigating emergencies. " DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION SRIAN SCHZ4'EITZER, GOL`ERi10R V SIATE OF MONTANA NORTHWESTERN LAND OFFICE 2250 HIGHWAY 93 NORTH KALISPELL, NIT 59901-2557 Flathead School District No. 5, Attn: Darlene Schottle, Superintendent 233 lst Avenue East, Kalispell, MT 59901 Re: Timberwolf Center Subdivision Dear Ms. Schottle, Telephone: (406) 751.-2210 FAX: (406) 751-2288 March 10, 2008 This letter is written as a follow up to recent discussions between School District No. 5 representatives and Montana Department of Natural Resources R. Conservation (DNRC) regarding the design of Timberwolf Center Subdivision. My intent is to memorialize our agreement in this letter with six commitments. First of all, I want to commend your representatives, principally Chuck Cassidy and Corey Johnson of CTA Architects and Engineers, for their thorough and thoughtful participation, which helped find solutions that significanLly improved our project. Our commitments are as follows: I. Timberwolf Parkway and Wolfpack Way alignment will be subject to School District No. 5 approval. The alignment will not have Subdivision Lots existing between the Glacier High easement and Wolfpack Way. This commitment may require a minor Wolfpack Way Road re -alignment to ensure a no -net change in acreage for Glacier High's easement. 2. For the next phase of the conceptual Timberwolf Center Subdivision development, DNRC will require construction of the "east stub" of Timberwolf Parkway (if full construction of through access is not proposed by the developer)- This would expand Glacier High access to the planned easternmost access point. 3. If alternate interim finding is identified for construction, and if it can be demonstrated that the encumbrance would likely be equal to or less than future costs, DNRC will encumber future development with all or a portion of the costs to construct the "cast stub" of Timberwolf Parkway. KALISPELL OFFICE PLAINS OFFICE POLSON FIELD OFFICE LIBBY UNIT STILLWATER STATE FOREST SWAN STATE FOREST 2290 Highway 93 North PO Box 219 PO Bo, 640 14096 US Hightvay 3" PO Box 164 5.9741 I Iighwaq 83 South Kalispell, MT 5990 557 Plain_ NIT 59859-0219 Poison, hIT 59860-0640 Libbv, , IT59923-93V Olnev, NIT 59917-0164 Swan Lake, NIT 59911 Telephone (406) r -1 2241 Telephone (406) 826-385i Telephone (406) 333-396t) TA.phi (406) 293-2711 TeLphvnc (406) 881-2371 Telephone (100) 754-23;71 Fax (406)-51-2289 Fax (•106) 826-5785 Fax (406) 983-IV4 Pax (406)293-930" Fa . (406) 881-2372 Fax (406) 754-2984 AN EQUAL OPPORTMPTY EMPLOYER' 4. DNRC will participate in, and support the search for alternate interim funding to construct the "east stub" on a quicker timeline than the next phase for the Timberwolf Center Subdivision. 5. DNRC will state a preference, and otherwise encourage the through - construction of Wolfpack Way before Timberwolf Parkway with the next phases of Timberwolf Center Subdivision to the extent that it will not harm the marketability of these phases. 6. DNRC will provide support and advice to School District No. 5 in their application for water rights for Glacier High. Your input and support of our project is greatly appreciated. We look forward to continuing the work with your staff to meet our collective goals. Sincerely, Robert L. Sandman Northwestern Land Office, Area Manager Department of Natural Resources & Conservation 2250 Highway 93 North Kalispell, MT 59901 751-2242 Encl: LUL Application Cc: KalCal Chuck Cassidy, 233 1-1 Avenue East, Kalispell CTA Architects and Engineers Attn: Corey Johnson, 2 Main Street, Suite 205, Kalispell Torn Jentz, Kalispell Planning Office Lorch - (file) E-copy: Sandman G:\ro4ll7l\RealEstateMgmt\Spril-ig Prairie\ DistrictSLULCominittmentLtr.doc 11 --X --NE- 77-7-7: II i�211 31- 7el. I' im From: mail To: Jeff Walla Q.1.00 Date: 3/14/2008 8:09:21 AM Subject: Fwd: Wolfpack Way & Timberwolf Center Subdivision Stelling Engineers, Inc. 614 Park Drive South Great Falls, MT 59405 phone=406-452-8600 fax=406-452-8700 email=mail@stellinginc.com >>> "Chuck Cassidy" <cassidyc@sd5.kl2.mt.us> 3/131200810:36:08 AM >>> Jeff/Kathy/Steve, we appreciate you all working with us on this important issue regarding the roads south of Glacier High School. Steve we are in receipt of DNRC's letter dated March 10th, 2008, regarding Timberwolf Center Subdivision and concur with and accept the commitments addressed in this letter. This email will serve as our written response and agreement to these items. We appreciate the hard work your team put in to get us here. Also we are in receipt of Stelling Engineers letter of March 12th, 2008, regarding Timberwolf Center Subdivision, Phase land have reviewed the attached information. We concur with these changes and will accept responsibility for maintenance for the 0.15 acres designated. This email will serve as written approval of these changes. Thanks all for the hard work and let me know if I need to be in attendance at the next City Planning session to support these changes. Good team work! Vr, Chuck Cassidy Director of Facilities & Transportation Kalispell Public Schools (406)751-3404 (406) 751-3425 (fax) Jeff Walla - Fwd: Wolfpack Way & Timberwolf Center Subdivision Page 2 233 1 st Ave. East Kalispell, Mt 59901 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: SMITH FOR: STATE OF MT DNRC DATE: 8/28/08 DESCP : TIMBERWOLF CENTER, PH 1A PURPOSE: SUB. (Tr_ 5 in 36-29-22) YEARS ASSESSOR # 2004 THRU 2007 E000703 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, ears indicatE each assessor number. Deputy Treasurer (seal) 01 L1 :1 PRELIMINARY SUBDIVISION CERTIFICATE OF TITLE Policy No. MT2013-46-CG-48916-2008.7208926-76256775 To the County of Flathead CHICAGO TITLE INSURANCE COMPANY and the City of Kalispell in Montana CHICAGO TITLE INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Missouri, with its principal office on the City of Chicago, Illinois, and duly authorized to insure titles in Montana hereby certifies that from its examination of these public records which are impart constructive notice of matters affecting the title to the real estate described in Schedule A hereof, as of the 1 St day of August 2008 at 5 o'clock P.M., the title to the real estate was indefeasibly vested in fee simple record in: State of Montana subject only to the obligations, liens, charges, encumbrances and other matters shown under Schedule B hereof. The maximum liability of the undersigned under this certificate is limited to the sum of $ 10,000.00 This certificate of title is made in consideration of the payment of the premium by the subdivider of the land and for the use of the County and City above named. MT2013 CG-48916 Sterling Title Services, Inc. ALE 211 S. Main St co EOT C Kalispell, MT 59901 _ _ Z SEAL AuthorirzeSiandory Reorder Form No. 9113 (Reprinted 11/03) CHICAGO TITLE INSURANCE COMPANY Preliminary Subdivision Certificate of Title For Use In Montana SCHEDULE A Page 2 Certificate No.: 7208926-76256775 Our File No.: CG-48916 Being the legal description of the real estate covered by this certificate. The following -described parcels of real estate: That portion of the Northwest Quarter of the Southwest Quarter of the Northwest Quarter (NW'/4SW'/4NW'/4) and the Southwest Quarter of the Northwest Quarter of the Northwest Quarter (SW'/4NW'/4NW'/4) of Section 36, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, and more particularly described as follows: Commencing at the SW corner of the NW'/4SW'/4NW'/4 of Section 36, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana; thence along the South boundary of said aliquot part, North 89°58'55" East, a distance of 40.00 feet to the Point of Beginning of the parcel being described; thence parallel to the West boundary line of the above said aliquot part, North 00°04'04" West, a distance of 706.79 feet to the South boundary line of Lot 1 of Spring Prairie Mixed Professional One subdivision, the plat of which is on file with the Flathead County Clerk and Recorder; thence along said South boundary line of said Lot 1, North 89°55'58" East, a distance of 470.00 feet; thence South 55' 11' 17" East, a distance of 125.00 feet; thence South 35°02'46" West, a distance of 178.28 feet; thence parallel to the West boundary line of the above aliquot part, South 00°04'04" East, a distance of 489.88 feet to the South line of said aliquot part; thence along the South line of said aliquot part, South 89°58'55" West, a distance of 470.00 feet to the Point of Beginning. To Be Known As: TIMBERWOLF CENTER, PHASE I Page 3 Certificate No.: 7208926-76256775 Our File No.: CG-48916 Being all of the estates, interests, equities, lawful claims, or demands, defects, or objections whatsoever to title; and all easements, restrictions, liens, charges, taxes (general, special, or inheritance, or assessments of whatever nature), or encumbrances; and all other matters whatsoever affecting said premises, or the estate, right, title, or interest of the record owners, which now do exist of record. 1. Property taxes, including any assessments collected with the taxes, for the year 2008. 2. Reservations in Patents or the acts authorizing the issuance thereof. 3. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easement or other rights relating thereto, whether express or implied, recorded or unrecorded. 4. Rights of way for ditches, tunnels, and telephone and transmission lines constructed, or to be constructed, by the authority of the United States, as over land now or previously vested in the State of Montana, as granted to the United States under the provisions of the Statutes. (MCA 77-2-343) 5. Delinquent water and sewer charges of the City of Kalispell, if any. 6. Any claim arising from the difference in the mean low water of unnamed stream and the meander line as shown by the Government Survey. 7. The right of use, control, or regulation by the United States of America in exercise of power over navigation. 8. Rights of the State of Montana in and to that portion of the land, if any, lying in the bed or former bed of the unnamed stream, if it is navigable. 9. Right of the Public to use, for recreational and navigational purposes, any portion of said premises lying below or beyond the line of high-water of unnamed stream, or lying below or beyond any government meander line, together with the right to use portions of said premises lying above the high-water line to portage around any barriers. 10. Terms and provisions contained in Resolution, regarding designation of limited access highway, Kalispell Bypass, recorded November 14, 1997 as Document #199731810050 and amended October 8, 2004 as Document #200428208180, records of Flathead County, Montana. 11. Terms and provisions contained in Resolution No. 4661, regarding annexation to the City of Kalispell, Montana, recorded November 2, 2001 as Document #200130609060 and re -recorded January 15, 2002 as Document #200201511150, records of Flathead County, Montana. 12. Terms and provisions contained in Ordinance No. 1404, regarding a planned unit development, recorded January 15, 2002 as Document #200201511180, records of Flathead County, Montana. Page 4 Certificate No.: 7208926-76256775 Our File No.: CG-4891 fi 13. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or charges as provided therein, but omitting covenants or restrictions, if any, based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, contained in instrument recorded January 15, 2002 as Document #200201511180, records of Flathead County, Montana, and any amendments thereto, including but not limited to the following amendments: None 14. Terms and provisions contained in Ordinance No. 1486, regarding an amendment to the developer's agreement for the planned unit development for Spring Prairie Center, recorded April 2, 2002 as Document #200209316210, records of Flathead County, Montana. 15. Terms and provisions regarding access control, contained in instrument recorded October 19, 2007 as Document #200700032118, records of Flathead County, Montana. 16. A 40 foot right-of-way per Spring Prairie Mixed Professional One, Ten foot utility easements, a 20 foot sanitary easement, a 15 foot construction permit, an 80 foot right-of-way and a 5 foot bike path easement as shown on the unrecorded plat of Timberwolf Center, Phase IA. 17. Any certificates, dedications, waivers, conditions or notes to be shown on the unrecorded plat of Timberwolf Center, Phase IA. 18. 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L10 8" `sm � 8 s v" HP, =2 O g 6 �&� 106 : gilSA 3 e2 OT % � ^ �' ��. 3 WRg a 5 Q i l 3 e 3 a o :pgg g7�� @A g 2 aR 3A8 $ ppo �y�a Hi'"aH- `�Y g9H! i ag gykggii III. i fagg q � s F R Ill! z " Ull jmr F �A�-M $ $ a3 nI CIt S6 °� u ai 3� 3C R ds 59 6 C &9_C_ Ce a Kim-g ° pg i& 4 Lg C A 9 -q� $ W�H � R ei d 3� $ i PRINCIPAL MERIDIAN PLAT OF REVISIONS: � MONTANA m CITY ofrcAiisPELL TIMBERWOLF CENTER, $s £ s � A FLATHEAD COUNTY, MT PHASE IB