DRAFT Developer's AgreementReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
DEVELOPER'S AGREEMENT
HOMES ON EVERGREEN
THIS AGREEMENT, made as of the day of , 2007, by Weggeland Development
Group, Ltd., a Montana corporation, with its principal place of business located at 52 Fifth Avenue WN,
Kalispell, Montana 59901, hereinafter WDG, and the City of Kalispell, a municipal corporation, located
at 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY;
WITNESSETH
WHEREAS, WDG is the fee owner of certain real property located outside of the City of Kalispell,
in Flathead County, Montana, platted therein as "Bernard Park," which is further described as follows:
Lots 3, 4, 5, and 6, Block 1, Bernard Park
WHEREAS, WDG desires to obtain municipal sewer services for the subject property; and
WHEREAS, the subject property is within the Flathead County Sewer District No. 1 (Evergreen)
RSID and is therefore contractually eligible for connection to municipal sewer services through that
sewer conveyance system, and the balance of the subject property lies outside of the Evergreen RSID
and requires the permission of the city of Kalispell to allow that portion of the subject property to also
connect to the same municipal sewer services; and
WHEREAS, the City of Kalispell, by and through Resolution No. 5072 dated the 17th day of
October, 2004, agreed to serve the subject property with municipal sewer services upon (1) such sewer
infrastructure being constructed in compliance with City and Evergreen standards; (2) the owner and
developer of executing waivers of right to protest annexation for all parcels; (3) the owner and
developer of entering into a developer's agreement with the City of Kalispell in which the parties
agree that the subjection shall be developed to City of Kalispell Urban Construction and Design
Standards; and (4) that the City of Kalispell and Flathead County entering into an agreement stipulating
that in the event that the City of Kalispell ever serves with a separate sewer conveyance system,
thereby severing from the Evergreen Sewer conveyance system, the ownership of the sewer lines within
the subdivision shall be conveyed to the City; and
WHEREAS, WDG has complied with the requirement of providing the necessary Waiver of Right
to Protest annexation for the subject property and by this agreement is assuming the obligation to
develop the subject property to City of Kalispell Urban Construction and Design Standard and with sewer
infrastructure constructed in compliance with City and Evergreen standards; and
WHEREAS, in order to insure the provision of municipal sewer services, assure the installation of
infrastructure improvements within the "Subject Property" to City of Kalispell Design and Construction
Developer's Agreement
I8) h _ \ 1'
Standards, the parties hereto determine it to be in their interests to enter into this Development
Agreement.
NOW, THEREFORE, the parties hereto agree as follows:
OBLIGATIONS OF DEVELOPER
1. Developer of the subject property 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.
2. All utilities shall be placed underground.
3. Water and sewer main extension shall be reviewed and approved by the Kalispell Public
Works Department.
4. Developer shall assure that all homes or other structures constructed within the subject
property shall receive a building inspection by a certified building inspector to assure compliance with
building codes adopted by the city of Kalispell and that such certified inspection shall be provided to the
city of Kalispell Building Department before such structures become occupied. Failure to comply with
the City's Building Code shall be considered a breach of this agreement which the City may specifically
enforce.
11. OBLIGATIONS OF THE CITY
1. The City shall provide municipal sewer treatment to the property owners within the
subject property, who shall receive their billing for sewer treatment and conveyance from the city.
2. The city may, contingent upon agreement with the Flathead County Sewer District No. 1
(Evergreen) District, contract for all, or some portion of the conveyancing of the sewage with the
Evergreen Sewer District.
3. Whenever in this agreement a certificate or letter from the Director of Public Works,
Parks and Recreation, or Fire is required to be given, such certificate or letter shall be given within thirty
(30) days of the receipt of a completed application. Such an application shall be deemed to be complete
upon receipt of such drawings and narrative information as are reasonably necessary for the issuance of
such certification.
III. AMENDMENT OF MODIFICATIONS OF DEVELPOMENT AGREEMENT
1. This Development Agreement may be amended or modified only by application of WDG
in accordance with the procedures set forth herein.
2. Application for amendment or modification may be made, to the City of Kalispell Site
Review Committee.
Developer's Agreement
3. Modifications of this Development Agreement which are determined by the Site Review
Committee to be minor modifications shall require only the consent of the Site Review Committee, and
shall not require the consent or approval of the City Council or any other public agency. All
amendments and modifications to this Development Agreement other than minor modifications shall
require the approval of the City Council of the City of Kalispell.
4. All applications for modification or amendment of this Development Agreement shall be
filed with the Site Review Committee and the Site Review Committee shall promptly determine whether
the modification is minor or major.
5. The Site Review Committee shall make its determination with respect to any application
for a minor modification subject to this Section'within fifteen (15) days after it determines the
application to be subject to said minor modification.
6. If the amendment of modification requested is of such a nature as to require approval
of the City Council, the Site Review Committee shall refer the matter to the city Council within fifteen
(15) days after it determines the matter requires Council review.
7. WDG may appeal any decision of the Site Review Committee to the city Council, which
may affirm, reverse or modify the Site Review Committee decision.
IV. GENERAL TERMS
1. Drawings and Plans. The drawings comprising the Preliminary Plat and annexed to its
Developer's Agreement are an integral and essential component thereof, and they are incorporated by
reference hi!rein.
Effective Date. This agreement shall be effective immediately.
3. Severability. In the event that any provisions of this agreement shall be deemed,
decreed, adjudged or determined to be invalid or unlawful by a court of competent jurisdiction, such
provision shall be severable and the remainder of this agreement shall continue to be of full force and
effect.
4. Recordation. This agreement may be recorded along with the CC&R's, if applicable, with
respect to the subject property.
5. Entire Agreement — Primacy. This agreement constitutes the entire agreement between
the parties and may only be amended as set forth herein. In the event, during the term of this
Agreement, there is a variance between the provisions of this Agreement and the CC&R's, filed with
respect to the subject property, this Agreement shall take precedence.
6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
respective parties, heirs, successors and assigns.
DATED this day of , 2007.
Developer's Agreement
WEGGELAND DEVELOPMENT GROUP, LTD.
By
Its
CITY OF KALISPELL
By
Its
STATE OF MONTANA )
) ss
COUNTY OF FLATHEAD )
On this _ day of , 2007, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared in his capacity as of Weggeland Development
Group, Ltd., that executed the foregoing instrument, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year above written.
Notary Public, State of Montana
County of
My Commission expires
STATE OF MONTANA )
) ss
COUNTY OF FLATHEAD )
On this _ day of , 2007, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared , known to me to be the City Manager of the City of
Kalispell, a municipality, that executed the within instrument, and acknowledged that such City Manager
subscribe, sealed and delivered said instrument as the free and voluntary act of said municipality, for
the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf
of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal the day and
year above written.
Developer's Agreement 4
Notary Public, State of Montana
County of
My Commission expires
Developer's Agreement