2019 SIA/Bright View Sub Ph 2Return to:
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
II1III1111IN Page: io fog27
Debbie Pierson, Flathead County MT by TM 5/28/2019 1!17 3.PM
0
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 15 4-11% day of y ( , 2019 ,
'O by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
SWANK ENTERPRISES INC.
C(j (Name of Developer)
a CORPORATION
(Individual, Company or Corporation)
located at P.O. Box 10007, Kalispell, MT 59901 _
O ,
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
V THAT WHEREAS, the Developer is the developer of a new subdivision known as
BRIGHT VIEW SUBDIVISION, PHASE 2
(Name of Subdivision)
located at
NHN TIMBERWOLR PARKWAY, NW %2 SECTION 36 T. 29 N. R. 22. W.
(Location of Subdivision)
and,
WHEREAS, the City has conditioned its approval of the final plat of
BRIGHT VIEW SUBDIVISION, PHASE 2 , 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
$ 478,583.13
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
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 $478 583.13
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 $478 583.13 the
estimated cost of completing the required improvements in
BRIGHT VIEW SUBDIVISION, PHASE 2
(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 November 30 , 2019
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.
(Name of Subdivision/Developer/Firm)
by
(Title)
STATE OF MONTANA
COUNTY OF FLATHEAD
On this day of aDVtk , 20�, before me, a Notary Public for the
SS ,
gte of Montanan personally appeared �QU SW44,y�t, , known to me to be the
vy j Si Q A+ whose name is subscribed to
the foregoing instrument and acknowledged to me that be/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and
qar first above written.
NOFps�
1 N TOTo AR�q% C
';v
LEA ANN NOFFSINGER
NOTARY PUBLIC for the
4
State of Montane
Notary Public for the State of Montana ' SEAL:
Residing at Whitefish
N;.• }
"••MaP�P
Montana
My Commission Expires
August 22, 2022
MAYOR, CITY OF KALISPELL
AY R
ATTEST:
CLERK
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SEAL
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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.
(See attached Engineer's Estimate)
RESOLUTION NO.5690
A RESOLUTION CONDITIONALLY APPROVING THE PRE' LIMINARY PLAT OF
BRIGHT VIEW SUBDIVISION PHASE 2, DESCRIBED AS LOT 3 OF BRIGHT VIEW
SUBDIVISION PHASE 1, LOCATED WITHIN THE NORTH ONE-HALF OF SECTION 36,
TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Montana Department of Natural Resources and Conservation (DNRC), the owner of
the certain real property described above, has petitioned for approval of the
Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
August 12, 2014 on the proposal and reviewed Subdivision Report #KPP-14-02
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Bright View Subdivision Phase 2 subject to
certain conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of September 2,
2014, reviewed the Kalispell Planning Department Report #KPP-14-02, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Conunission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-14-02 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of DNRC for approval of the Preliminary Plat of Bright
View Subdivision Phase 2, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
General Conditions:
L The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. (Kalispell
Subdivision Regulations, Appendix C — Final Plat)
2. The preliminary plat approval shall be valid for a period of three years from the date of
approval. (Kalispell Subdivision Regulations, Section 2.04).
3. Timberwolf Parkway shall be extended to intersect Reserve Place and the corresponding
right-of-way granted to the City of Kalispell. (Kalispell Subdivision Regulations, Section
28.30.04)
4. The future centerline intersection of Timberwolf Parkway and Reserve Place shall be
consistent with the centerline of Ranch Road. (Kalispell Subdivision Regulations, Section
28.3.14)
Prior to final plat:
5. Right-of-way shall be granted to the city for the entire 60-foot road and utility easement
(Timberwolf parkway). The exact easement location shall be reviewed and approved by the
Kalispell Public Works department and shown on the final plat. (Finding of Fact, Section D)
6. Timberwolf Parkway shall be designed and fully constructed as a City of Kalispell collector
street in compliance with Kalispell Design and Construction Standards. (Findings of Fact,
Section D)
7. The frontage of the subdivision adjacent to Reserve Place shall be improved with a design
that is consistent with Kalispell Design and Construction Standards including, but not limited
to; sidewalk, curb and gutter, storm drainage, street lights, landscaped boulevard and street
trees.
8. 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 consti action. Prior to final plat, a certification shall
be submitted to the public works department stating that the drainage plan for the subdivision
has been installed as designed and approved. (Kalispell Design and Construction Standards)
9. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Stormwater Discharge Associated with Construction Activities. (Kalispell Design and
Construction Standards)
10. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction. (Kalispell Design and Construction Standards)
11. Any lots without frontage on Timberwolf Parkway or Old Reserve Drive shall have
easements extended across adjoining lots for sewage service. (Kalispell Design and
Construction Standards)
12. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction. (Kalispell Design and Construction Standards)
13. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted
for unfinished work. (Kalispell Design and Construction Standards)
14. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for city water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat. (Kalispell Subdivision Regulations, Section 3.18)
15. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the constriction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
(Kalispell Subdivision Regulations, Section 3.18(E))
16. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area. (Kalispell Subdivision Regulations,
Section 3.22)
On going conditions•
17. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17)
18. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
19. No direct access driveway onto Lot 10 from Old Reserve Drive. Access shall be from
Reserve Place and align with Valley View Court.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 2ND DAY OF SEPTEMBER, 2014,
Mark Johnson
Mayor
ATTEST:
Theresa White
City Clerk
Brightview Phase 2 Engineer's Estimate Exhibit B
04(OS/14