Developer's Agreement Phase 1Return to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
I IIIIIIII IIII IIIII I(I II I III IIIII IIIII IIIII IIIII IIIII illll IIIII IIIII IIIII IIIII IIIII IIII II I III I(II IIII
200700025912 Fees: $49.00 by: TM
AGREEMENT by KALISPELL CITY ATTN/T WHITE
Date 8/24/2007 Time 11:20 AM Page: 1 of 7
Paula Robinson, Flathead County Montana
DEVELOPER'S AGREEMENT
TRUMBULL CREEK CROSSING - PHASE I
THIS AGREEMENT, made as of the day of August, 2007, by NW Dev Group, LLC,
a Oregon limited liability company, of 4260 Galewood Street, Suite B, Lake Oswego, OR
97035, hereinafter NW DEV GROUP, LLC, and the City of Kalispell, a municipal corporation,
of 312 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY;
WITNESSETH
WHEREAS, NW DEV GROUP, LLC is the fee owner of certain real property located outside
of the City of Kalispell in Flathead County, Montana, platted there as "Trumbull
Creek Crossing — Phase I",-'�p:es..
oca a an ectaon 6 ow or ange ,
and is hereinafter referred to as "Subject Property"; and
WHEREAS, NW DEV GROUP, LLC desires to obtain municipal sewer services for the
subject property; and
WHEREAS, a portion of 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 [Trumbull Creek Crossing —
Phase I] executing waivers of right to protest annexation for all parcels; 3) the
owner and developer of [Trumbull Creek Crossing — Phase I] entering into a
developer's agreement with the City of Kalispell in which the parties agree that
the subdivision 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 [Trumbull Creek Crossing — Phase 1] 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, NW DEV GROUP, LLC 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 Standards 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 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:
I. OBLIGATIONS OF DEVELOPER
1. Development 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. Owner/Developer shall immediately apply for annexation into the City of Kalispell.
Owner/Developer shall comply with all terms of the current subdivision improvement
agreement entered into with Flathead County and, in addition, shall comply with all of the
terms regarding infrastructure as contained within the terms of the subject agreement herein.
4. Street lighting shall be located within the development and shall have a full cutoff lens so
that it does not intrude unnecessarily onto adjoining properties.
5. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
6. Hazardous weed abatement shall be provided in accordance with City of Kalispell Ordinance
10-8.
IIIIIIII IIII IIIII III II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Illil IIII II I III IIII IIII
Document Number: 200700025912
Page; 2
III IIII IN HE II 1( "11111111111111111111111111111111111111111111111111111111 IIII III III IIII IN
Document Number: 200700025912
Page: 3
7. All road 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, boulevard and sidewalk and shall be
installed in accordance with the approved plans.
8. Water and sewer main extension shall be reviewed and approved by the Kalispell Public
Works Department.
9. 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.
10. 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.
11. The streets within the development shall be named and signed in accordance with the policies
of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual
and be subject to review and approval of the Kalispell Fire Department.
12. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure including water and sewer lines located within the development have been
accepted by the City of Kalispell or a proper bond has been accepted for unfinished work.
13. 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.
14. The following requirements shall be met per the Kalispell Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with the
International Fire Code (2003).
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
(2003).
18. 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. In addition, the mail delivery site and improvements shall also be
included in the plans to be reviewed by the Public Works Department. *If necessary a
concrete walkway shall be constructed to connect the sidewalk to the mail boxes.
19. The developer shall provide park area in accordance with the Kalispell Subdivision
Regulations. A development plan for the parkland shall be reviewed and approved by the
Kalispell Parks and Recreation Director that provides recreational amenities including but
not limited to pedestrian access, irrigation, landscaping and play equipment so as to provide a
recreational component within the development and not simply left as passive open space.
20. Prior to the construction of any homes or other structures, the developer shall complete a
flood study establishing the base flood elevation for the currently undelineated flood zone
located within the boundaries of the subdivision.
21. 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 the 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.
II.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 OR MODIFICATIONS OF
DEVELOPMENT AGREEMENT
1. This Development Agreement may be amended or modified only, by application of NW
DEV GROUP, LLC, 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.
Document Number: 20070002S912 II'I
Page: 4
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 or 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. NW DEV GROUP, LLC may appeal any decision of the Site Review Committee to the City
Council, who may affirm, reverse or modify the Site Review Committee decision.
I LYE f I1►11fM362I � ► f.1
Drawings and Plans. The drawings comprising the Preliminary Plat and annexed to this
Developer's Agreement are an integral and essential component thereof, and they are
incorporated by reference herein.
2. 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 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.
11111111 IN1111111 11111111 111111111 11II 111111111 III1111 IN
Document Number: 200700025912
Page: 5
6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
respective parties heirs, successors and assigns.
Dated this fie day of August, 2007.
NW DEV GROUP, LLC
by:
Michael Anders, Managing Member
CITY OF KALISPELL
Jam&s,H. Patrick, City Manager
�IIIIIIIIINIIIIIIIIIII III111111IIIIIIIIIIIIIIII I 11111111111111111111111111111111111111
Document Number: 200700025912
Page: 6
Document Number: 200700025912
STATE OF OREGON ) Page: 7
):ss
County of Clackamas )
On this & day of August, 2007, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared Michael Anders, in his capacity as Managing Member of
NW DEV GROUP LLC, that executed the foregoing instrument, and acknowledged to me that
he executed the same.
IN WITNESS WHEREOF, I have hereunto set my h and aff of `al Sea e
day_and ear in this certificate first above written.
ONRCIAL SEA.
POW BEHREND
WrARY IC -O
COMMISSION. 71No ary lic, S to f Ore on
Ay COMMISSION = NOVE BER Residing at 'S o�
My Commission Expires Nov ape �d�9
PENN y Bff111e6NP
STATE OF MONTANA )
):ss
County of Flathead )
q wP
On this 9X' day of August, 2007, before me, a Notary Public in and for the State of
Montana, personally appeared JAMES H. PATRICK, 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 subscribed, 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 Notarial Seal,
the day and year first above written.
Notary Public, State of Montana
N0TARIq� Residing at
irk My Commission Expires a
�T�OF 1v10N�P�P