2020 SIA/Kalispell North Town Center Ph 3IIIII I II II I III I IIIII IIII II I III I IIIII IIIIIIIIII IIIII IIIII IIIII IIII II I III IIII IIII Paage: 1 of 8414
F
ees.
Return to:
J +here. 3A'hit._
1► Kalispell City Clerk
P.O. Box 1997
r Kalispell, MT 59903
0
O
a
SUBDIVISION IMPROVEMENT AGREEMENT
0
THIS AGREEMENT, made and entered into this _ day of t,A u , 20ZO ,
O by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, PaAy of the First Part and
hereinafter referred to as the CITY, and
EStillwater Corporation
(Name of Developer)
f j a CORPORATION
OO f(Individual, Company or Corporation)
located at P.O. Box 7338 Kalispell MT 59904
I (Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
�I
p WITNESSETH:
O THAT WHEREAS, the Developer is the developer of a new subdivision known as
Kalispell North Town Center, Phase 3
(Name of Subdivision)
located at
Portions of N Y2 of Section 19 and the N 1/2 of Section 30, T29 N, R21W,
P. M. M (Location of Subdivision)
and,
WHEREAS, the City has conditioned its approval of the final plat of
Kalispell North Town Center, Phase 3 , 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
$ 190,301.60
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 $237,877.00
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 $237,877.00 the
estimated cost of completing the required improvements in
Kalispell North Town Center, Phase 3
(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_92021_
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
COUNTY OF FLATHEAD
n flzis �� day of �+ , 20Z �, before me, a Notary Public for the
State Montana, personally appeared _ (I-� , known to me to be the
ofCC-T- tD , whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same.
IN WUNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and
State-d Montana
MAYOR, CITY OF KALISWLL ATTEST:
STEPHEN M PETRINI
i.�w Nu;; NOTARY PUBLIC for the
a , State of Montana
Residing at Kalispell, Montana
My Commission Expires
October 08, 2021
MAYOR
EXHIBIT A
CLERK0RI '•C�'!''�
SEAL
1892
• ��NTANP ••' • \\ ..
11111111
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)
Exhibit A
RESOLUTION NO.5970
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
KALISPELL NORTH TOWN CENTER, PHASES 3 AND 4, DESCRIBED AS LOT 1A OF THE
AMENDED PLAT OF BLOCK 3 OF KALISPELL NORTH TOWN CENTER - PHASE 2 AND
LOTS 8 AND 9, BLOCK 1 AND LOT 1, BLOCK 2 OF KALISPELL NORTH TOWN CENTER —
PHASE 2 LOCATED IN PORTIONS OF THE SOUTH HALF OF SECTION 19 AND THE
NORTH HALF OF SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M.,
FLATHEAD COUNTY, MONTANA.
WHEREAS, Eagle Valley Ranch Apartments, LLC and Stillwater Corporation, the owners 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
March 10, 2020 on the proposal and reviewed Subdivision Report #KPP-19-04 issued by
the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval
of the Preliminary Plat of Kalispell North Town Center, Phases 3 and 4, subject to
certain conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of April 6, 2020,
reviewed the Kalispell Planning Department Report #KPP-19-04, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, 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-19-04 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Eagle Valley Ranch Apartments, LLC and Stillwater
Corporation for approval of the Preliminary Plat of Kalispell Town Center,
Phases 3 and 4, Kalispell, Flathead County, Montana is hereby approved subject
to the following conditions:
1. 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.
2. All applicable conditions within Ordinance 1630 (Kalispell North Town Center PUD) shall
apply.
3. The preliminary plat approval shall be valid for a period of three years from the date of approval.
4. The developer shall submit to the Kalispell Public Works Department for review and approval a
storm water report and an engineered drainage plan that meets the requirements of the current
city standards for design and construction. 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, or a proper bond is in place for said improvements.
5. 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 Storm Water
Discharge Associated with Construction Activities.
6. 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 of any new mains located within the new unnamed street Iocated between Cascade
Loop and Lincoln Street as well as any extensions necessary to serve Lots 11, 14, 15, and 16.
The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction of the new unnamed street located between Cascade
Loop and Lincoln Street.
8. 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.
9. 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.
10. 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 construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Ease/ment" h ve and to ho forever."
01
11. 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.
12. A homeowner's association (HOA) shall be formed and established for the common areas prior
to final plat. The HOA should include provisions for the maintenance of all common areas
including the storm water ponds and open space areas.
13. A note shall be placed on the final plat stating that owners waive their right to protest a Special
Improvement District for maintenance of common areas. A district shall only be activated in the
event that the homeowner's association defaults on their common area maintenance obligations.
The taxes levied within the special improvement district shall be determined by the appropriate
city department with approvals by the Kalispell City Council.
14. 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 be
provided to the Kalispell Parks and Recreation Department.
15. All utilities shall be installed underground.
16. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
17. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants
and fire flows within the subdivision shall be submitted prior to final plat.
18. The trail crossing at Rose Crossing shall include the installation of a pedestrian -actuated
rectangular rapid flashing beacon.
19. The trail crossings at Lincoln Street, Cascade Loop and Jefferson Boulevard are permitted only
at designated intersections as agreed upon by Public Works.
20. Lots 8, 9, and 10 shall only gain access off of Cascade Loop as approved by Public Works.
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 6TH DAY OF APRIL, 2020.
Mark Johns n
Mayor
ATTEST:
m
City Clerk4•SL'_
-
' 1s92 1°
Exhibit B
Engineer's Estimate - Kalispell North Town Center Phase 3
7/27/2020
Description
Unit
Qty
Price
Total
General
Mobilization
LS
1
$5,000.00
$5,000.00
Subtotal
$5,000.00
Water
1.5" Water Service w/Meter Pits
EA
5
$5,800.00
$29,000.00
2" Water Service w/Meter Pits
EA
8
$6,000.00
$48,000.00
4" Fire Service
EA
6
$5,500.00
$33,000.00
Subtotal
$110,000.00
Sanitary Sewer System
4" Sewer Service
EA
4
$1,850.00
$7,400.00
6" Sewer Service
EA
6
$2,000.00
$12,000.00
Subtotal
$19,400.00
Site Features
Subgrade
SF
3,800
$1.10
$4,180.00
3" Asphalt (Asphalt Path)
SF
3,800
$1.86
$7,068.00
12" of 3" Crushed Rock (Asphalt Path)
CY
140
$21.00
$2,940.00
3" of 3/4" Crushed Rock (Asphalt Path)
CY
35
$32.00
$1,120.00
4" Ashpalt Patching - Mailbox Pad
SF
1,220
$3.72
$4,538.40
6" Concrete Mailbox Apron
SF
1,000
$7.18
$7,180.00
7" Valley Gutter Mailbox Pad
SF
100
$11.00
$1,100.00
8" Concrete Mailbox Pad
SF
40
$19.38
$775.20
Rose Crossing Pedestrian Crossing
LS
1
$27,000.00
$27,000.00
Subtotal
$55,901.60
TOTAL
$190, 301.60
125% Bond Value: $237,877.00
�POOSIANA-�*
1N nCN -
�CENS�.1