Mountain View Request for Modification of PUD AgreementCity of Kalispell
Charles A. Harball Office of City Attorney
City Attorney 312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kemiedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Chris Kukulski, City Manager
Tel 406.758.7708
Fax 406.758.7771
charball a kalispellxom
SUBJECT: Request by Mountain View LP for Modification of Mountain
View PUD Agreement
MEETING DATE: December 2, 2002
BACKGROUND: The Planned Unit Development Agreement for the Mountain
View Plaza was approved by Ordinance 1380 on April 2, 2001. The development of the
property is underway with Home Depot in place and Target dune for completion this Spring.
Mountain View LP has come to us now seeking to amend the PUD to allow an additional
sign at the South entrance on the Highway 93 property line. The site review committee
reviewed the request and determined, based upon the extensive negotiations that took place
regarding signage in the PUD Agreement, that this matter was a request for a "major"
amendment and passed it on to Council for its consideration. I have attached a copy of a
November 21, 2002 letter sent to Stan Beard which references discussions that staff has had
with Mountain View LP regarding the Agreement.
RECOMMENDATION: The PUD Agreement was a subject of extensive negotiations
between the developer and the City. Signage was an integral and much considered part of
those negotiations. The agreement should not be modified unless both the City and the
developer receive some additional benefit from the modification. It is not clear to staff what
benefit the City receives from this proposal.
FISCAL EFFECTS: No apparent fiscal effects would be realized from this amendment.
Respectfully submitted,
Charles H all, , ty Attorney
Chris Kukuls ci, City Manager
EXHIBIT A
T-O" X T-O" D/F INTERNALLY ILLUMINATED
FLEX FACE SIGN
I' TheStnl4•e�•
Sign company
2NlG GREENHOUSE RD. HOUSTON. TESAS T]OBE
10"
TITLE:
DRAWN BY:
SALES REP:
SCALE:
DATE:
MOUNTAIN VIEW PLAZA
MRJ
KLP
N.T.S.
6-3-02
,Ci POOR THIS DRAWING IS THE PROPERl OF BARKER SIGN CO~ AIL RIGHTS TO USE FOR REPRODUCPON ME RESERVED BY BARKER SIGN COMPANY
PLANNED UNIT DEVELOPMENT
AGREEMENT FOR
MOUNTAIN
PARTIES:
EFFECTIVE:
FINAL A4r.apd
CROSSWELL
VIEW PLAZA
DEVELOPMENT LLC
PACK AND COMPANY
CITY OF KALISPELL,
MONTANA
11
PLANNED UNIT DEVELOPMENT AGREEMENT
PARTIFyS, PURPOSE: This Agreement made and entered into this
�day of l 2001 is by and between Crosswell Development
LLC, a �oYe< d,,n �P� lad l'�u C10 with its office and
principal place of business 1 ate $ a212JA AyuT(170SZe
hereinafter CROSSWELL DEVELOPMENT LLC; Pack and Company, with its
office and principal place of business at 2355 Highway 93 North,
Kalispell, Montana, hereinafter PACK; and the City of Kalispell, a
municipal corporation, with its office and principal place of
business located at 312 1st Avenue East, Kalispell, Montana 59901,
hereinafter CITY:
W I T N E S S E T H:
WHEREAS, Crosswell Development LLC is the contract purchaser and
developer of certain real property located in Flathead
County, Montana, which is further described in Exhibit
"A" attached hereto and hereby made a part hereof, and
which hereinafter is referred to as the "Subject
Property"; and,
WHEREAS, The Subject Property has previously been annexed into the
CITY by Resolution Nos. 4476 and 4477; and,
WHEREAS, (i) Crosswell Development LLC and PACK desire to have the
Subject Property rezoned from the prior DOMESITE PUD to
Mountain View Plaza, a Commercial (B-2) Planned Unit
Development (PUD), mapped with certain new streets,
building locations and accesses from U.S. Highway #93 and
West Reserve Drive; (ii) Crosswell Development LLC and
PACK, have filed a PUD application which contains (a)
Zone Change application, and (b) PUD Narrative with
Exhibits; and,
WHEREAS, In order to allow the PUD, assure the installation of
Infrastructure within the "Subject Property," permit
connections to the CITY utility systems, and prescribe
the permitted uses within the requested zoning areas, the
parties hereto determine it is to be in their best
interests to enter into this Planned Unit Development
Agreement.
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I. DEFINITIONS
O1 Agreement shall mean this Planned Unit Development Agreement
between Crosswell Development LLC, PACK, and CITY.
02 Building Department shall mean the Building Department of the
City of Kalispell.
..03 CITY shall mean the City of Kalispell, Montana.
..04 City Council shall mean the City Council of the City of
Kalispell, Montana.
L.05 Developer shall mean Crosswell Development LLC.
L.06 Director of public Works shall mean the Director of. Public
works of the City of Kalispell, Montana.
1.07 Easement(s) means the Easement(s) described in §3.04 of this
Agreement.
1.08 Master Site Plan means the drawing constituting the _site plan
approved for the development of the Subject Property annexed
hereto as Exhibit "C". The actual building location and
building sizes may vary but the buildings will be located
within the general areas as shown on the Master Site Plan.
1.09 Area "A" means that portion of the Subject Property lying
North of the Southerly line of the Main Entrance Road on U.S.
Highway #93 North, as shown on the Master Site Plan.
1.10 Area "B" means that portion of the Subject Property lying
South of the Southerly line of the Main Entrance Road on U.S.
Highway #93 North, as shown on the Master Site Plan.
1.11 Phase means a stage of development within a portion of the
Subject Property designated in the Master Site Plan.
1.12 Proposed Buildings means the buildings proposed to be built
within the "pads" as shown on the Master Site Plan,
contemplated to be built in phases.
1.13 Subject Property or Subject Area means the real property
described in Exhibit "A" annexed hereto and made a part
hereof.
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1.14 substantial Completion shall mean that substantially all of
the work to be performed in the development shall have been
performed and the Infrastructure constructed in each Phase are
usable for their intended purposes, as certified by the
Director of Public works and the Building Department, which
certification shall not be unreasonably withheld or delayed.
1.15 Infrastructure means all water, sewer and storm drainage
systems that will be dedicated to the public and have been
installed in accordance with the Montana Public Works Standard
Specifications and the City of Kalispell Standards for Design
and Construction. In addition, Infrastructure shall include
roads that are designed and constructed in accordance with the
Montana Public works Standard Specifications and the City of
Kalispell Standards for Design and Construction. Said
Infrastructure shall consist of various public utilities and
dedicated streets. Costs for said infrastructure shall be
shown on Engineer's Estimate, Infrastructure, Crosswell
Development LLC PUD, Hwy 93 North, prepared by Thomas, Dean
and Hoskins Engineering, to be attached hereto as Exhibit "D"
after approval by the CITY. Notwithstanding any of the
foregoing, excluded from these terms are: building
construction; parking lot paving; final landscaping in and
around the buildings and parking lot (s); lighting; signage;
and the service lines to each building.
II. GENERAL DEVELOPMENT AND USE OF THE SUBJECT
PROPERTY
2.01 Development Overview
(A) Subject to the other provisions of this Agreement, any
development within or use of the Subject Property
occurring after the effective date of this Agreement
shall substantially conform to and comply with the
provisions of the PUD Application of Crosswell
Development LLC, as amended and approved by the FRDO
Staff Report #KPUD 00-1 and the City -County Planning
Board meeting on January 9, 2001 as amended by the
conditions of approval of the PUD as passed by the
Kalispell City Council on February 20, 2001, and this
Agreement with the documents and drawings annexed hereto.
FINAL Agr.wpd
3
I
(B) crosswell Development LLC represents, and it is agreed
between the parties, that the development of the Subject
Property will include the following:
(1) Area A when —completed, will include (i) ground
preparation and site leveling of Area "A" of the
Subject Property, (ii) construction, installation
and extension of sewer and water mains to the
Subject Property, (iii) construction, installation
and extension of sewer and water mains, and storm
sewer utilities within Area "A", (iv) final site
preparation, streets, installation of necessary
parking lots, landscaping, construction of the
building improvements and all other improvements
shown on the Master Site Plan in Area "A".
(2) Area B when completed, will include (i) ground
preparation and site leveling of Area "B" of the
-- Subject Property, (ii) construction, installation
and extension of sewer and water mains, and storm
sewer utilities within Area "B", (iii) final site
preparation, streets, installation of necessary
parking lots, landscaping, construction of the
building improvements and all other improvements
shown on the Master Site Plan in Area "B".
(3) Nothing is to be construed by the foregoing as to
require completion of one Area prior to engaging in
work in the other Area nor should be construed as
requiring the completion of an Area simply because
of the construction of one of the buildings within
that Area, except as provided in Subsection (F),
below.
(C) Notwithstanding paragraph 2.01(B) above, it is
anticipated that site preparation and ground leveling of
areas currently occupied by batch plant facilities will
be delayed during the construction phases described
above, for a term, but, it is agreed that removal of the
NUPAC asphalt and concrete batch plants, office,
associated equipment, maintenance sheds, warehouses and
all other related structures will be completed prior to
the issuance of a building permit for any structure in
any portion of Area "B", however, in any case, prior to
May 5, 2005. It is agreed all facilities on the Montana
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E
Department of Transportation site will be removed prior
to the issuance of the first building permit. Should the
fee owner of the area or areas stated above be a
signatory hereto or their successor, and should they
refuse to vacate the premises as stated herein, CITY may
bring a legal action to remove them and the improvements
to be removed and CITY shall be entitled to attorney fees
and all expenses for such action as part of the
judgement.
(D) Crosswell Development LLC represents, and it is agreed
between the parties, that three large buildings proposed
for the eastern portion of the site shall not exceed 38
feet in height, with an additional seven foot allowance
for the screening of roof mounted equipment and as an
architectural facade.
(E) The east face of the large buildings shall not be used
for advertising, display of corporate logo or colors and
shall be treated with the approved list of building
materials and with the approved colors, Exhibit "E".
(F) Prior to issuance of any building or construction permit,
Crosswell Development LLC shall furnish security for the
Infrastructure described in § 1.15, supra. Such security
shall consist of, at the sole option of Crosswell
Development LLC, performance bond(s) issued by a surety
company licensed to do business in Montana, irrevocable
letter(s) of credit issued by a bank licensed to do
business in Montana, or such other security as shall be
reasonably acceptable to the CITY, however real property
shall not be accepted as security. Such security shall be
for the benefit of and enforceable and collectible by the
CITY, acting through the City Manager, and shall be in an
initial face amount equal to 125% of the direct estimated
cost of the work so secured, as certified by Crosswell
Development LLC's licensed professional engineer and the
CITY's Director of Public Works. The face amount of the
security shall be reduced by Crosswell Development LLC
from time to time so as to reduce the amount of security
to 125% of the remaining Infrastructure after deducting
125% of the cost of the work completed as determined for
the creation of the security and as certified by
Crosswell Development LLC's licensed professional
engineer and approved by the CITY's Director of Public
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5
Works. Determination of the amount of the reduction shall
be made within 30 days of receipt by the Public Works
Director of said certification. Crosswell Development
LLC may request final release of the performance bond
upon filing with the Building Department of a Notice of
Completion, which will then be reviewed by CITY for final
approval.
1) The Infrastructure under § 1.15 shall be
substantially completed on or before May 5, 2005.
If said Infrastructure is not completed within the
time allowed, the Council shall redesignate the
undeveloped portion of the Subject Property in
accordance with the Kalispell Zoning ordinance, and
shall be entitled to demand and receive within 10
days of the written demand on the party offering
the security, the remaining amount of security for
Infrastructure under this Agreement.
2) Said Security shall be in effect until at least
December 5, 2005.
(G) Covenants: Draft Covenants are attached as Exhibit "F".
Prior to any subdivision approval or construction of any
building, Final- Covenants will be completed. These
Covenants must be approved by CITY, but CITY may only
seek revision of and review the Covenants so as to cause
compliance with the conditions of approval of the PUD and
not a general review of the Covenants.
2.02 Hazardous Substances
Crosswell Development LLC and PACK acknowledge the existence
of Phase I and Phase II Environmental Site Assessments, NUPAC
Gravel Pit Property, 2355 U.S. Highway 93 North, Kalispell,
Montana prepared by NTL Engineering and Geoscience, Inc.,
Great Falls, Montana, issued August 27, 1999. Said report
establishes the existence of diesel fuel contamination in the
soil near the underground storage tanks, partially buried
above ground storage tanks and other hydrocarbon contaminants.
CITY has received these Assessments.
(A) Prior to the commencement of construction of
Infrastructure within the area depicted as the
remediation area on Exhibit "G", attached, and prior to
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the issuance of a building permit for any building in
Area B, Crosswell Development LLC and PACK will submit
evidence from the Montana Department of Environmental
Quality demonstrating that the Subject Property is free
of contamination.
1) In furtherance of the foregoing, PACK and Crosswell
Development LLC disclose the following from their
Contract to Purchase and Sell: That the closing
date for the acquisition of the Subject Property is
to occur within 30 days of the execution of this
Agreement. With respect to the property which is
described as Parcel 1 and Parcel 2, on Exhibit "A",
PACK will provide to Crosswell Development LLC a
performance bond in the amount of one hundred
twenty-five percent (125%) of the estimated cost of
remediation to ensure that the remedial
environmental cleanup is completed within 60 days
of the .vacating of the tract by PACK or NUPAC with
the understanding that should appropriate
environmental authorities require additional time
for inspecting and approving the remediation, an
additional 120 days may be allowed for completion
of the inspection, approvals and any additional
remediation. Crosswell Development LLC will, upon
request, assign its rights under this bond to CITY.
2) In furtherance of the foregoing, PACK and Crosswell
Development LLC disclose the following from their
Contract to Purchase and Sell: That with respect to
Parcel 3 on Exhibit "A", PACK and the Montana
Department of Transportation have determined that
should remediation be necessary, the Montana
Department of Transportation shall be responsible
for completing the same within time frames as set
forth in Subsection A, above.
B) Should PACK fail to provide the bond as stated above, and
should Crosswell Development LLC determine that the costs
for remedial action are such that it would make the
development of this project not economically feasible, it
shall notify CITY in writing and the zoning provided
herein and the terms of this agreement shall be
terminated.
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2.03 Uses
(A) The uses allowed within the PUD shall be those uses
generally allowed under the B-2 zoning pursuant to the
Kalispell City Zoning Regulations except that casinos, as
defined by the Kalispell City Zoning Regulations as they
now exist or are later amended, and those other uses
which require areas for display of large merchandise such
as new and used automobile sales, manufactured home
sales, recreational vehicle sales and alike are
prohibited. It is understood, however, that this
prohibition does not preclude incidental activities in
events associated with other authorized uses occurring
upon the site.
(B) Crosswell Development LLC agrees that building design and
construction upon the Subject Property shall conform to
the relevant Building Department regulations governing
commercial construction.
(C) Crosswell Development LLC agrees that the development
shall be comprised of buildings with a consistent
architectural theme, lodge or chalet, as initially
determined by Crosswell Development LLC and similar to
that shown on the exhibit to the proposed covenants, said
covenants being Exhibit "F", attached hereto. A list of
materials and exterior building treatments is attached
hereto as Exhibit "E", which list shall be an exclusive
list of materials and exterior building treatments to be
used within the development. This list shall be included
in the Covenants to be filed upon the development.
(D) Crosswell Development LLC shall provide CITY with a fire
station pad. The pad shall be a minimum of two acres in
size with not more than one percent grade change
throughout the pad. The ratio of length to the width of
the proposed pad site shall not exceed 2:1 without prior
consultation with and agreement of CITY. Utilities shall
be extended to the pad so that it is ready for future
development by the CITY. Crosswell Development LLC shall,
at the time of granting the pad, provide easements for
access with such access, including, if Crosswell
Development LLC so decides, in Crosswell Development
LLC`s sole discretion, fee interest subject to easements
in favor of Crosswell Development LLC in all or a portion
FINAL Agr.wpd
A
of the necessary access. Should such fee interest be
granted, it shall not be considered part of the pad but
shall be considered additional land granted to CITY. This
provision is not to be considered an extraction but was
rather negotiated and added to the conditions of approval
as part of Crosswell Development LLC's desire to
participate in and provide for the future needs of CITY.
2.04 Ownership
Crosswell Development LLC represents, and it is agreed between
the parties, that the Property and buildings constructed
thereon may be conveyed, with ownership transferred by
Crosswell Development LLC. It is anticipated that ownership of
a portion of the property may remain in Crosswell Development
LLC, which will enter into leases with the occupants of the
buildings constructed thereon. This provision is specifically
subject to Section 6.06, below.
2.05 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this
Agreement and attached drawings, the PUD Application of
Crosswell Development LLC, as amended and approved in the FRDO
Staff Report #KPUD 00-1, and the City -County Planning Board
meeting on January 9, 2001 as amended by the conditions of
approval provided by the Kalispell City Council on February
20, 2001, the laws, rules, and regulations of the City of
Kalispell governing the use and development of land and
buildings, including the Kalispell Zoning Ordinance as it now
exists or as amended, shall apply to the Subject Property.
2.06 Effectiveness
The provisions of this Agreement shall become effective
simultaneously with the approval of the PUD Ordinance.
2.07 Certification Procedure
whenever under this Development Agreement a certificate by the
Director of Public works is required to be given, such
certificate shall be given after the receipt of a completed
application therefor and approved by the Director. Such an
application shall be deemed completed upon receipt of such
drawings and narrative information as are reasonably necessary
FINAL Agr.wpd 9
for the issuance of such certificate, which certification
shall not be unreasonably withheld or delayed.
III. SITE CONDITIONS
3.01 Development
The Subject Property shall be developed with the
Infrastructure as described in this Agreement and Exhibit "D"
to the Agreement.
3.02 Access
(A) Primary access to the Subject Property shall be via one
Main Entry, designated on the Master Site Plan, on U.S.
Highway #93 North and one North Entry, designated on the
Site Plan, on West Reserve Drive. Secondary access shall
be as determined appropriate by the Montana Department of
Transportation and the City of Kalispell under § 3.02
(B) .
(B) Crosswell Development LLC agrees that it shall, at its
own expense, have a comprehensive traffic impact study
completed, which will identify all expected traffic
impacts and will provide proposals for mitigation.
(1) Following completion of the comprehensive study,
Crosswell Development LLC will obtain all.necessary
access permits from the Montana Department of
Transportation and/or Flathead County Road
Department and CITY prior to use.
(2) Crosswell Development LLC agrees to pay for all
necessary traffic turn lanes, traffic signals, and
other regulatory signs and signals directly
pertaining to ingress and egress to and from U.S.
Highway #93 and West Reserve Drive, as required by
the comprehensive traffic study.
(C) All primary and secondary entrances shall be completed to
CITY standards prior to occupancy permits being issued
for any site utilizing said entrances for access.
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(D) Emergency fire, ambulance, police and public vehicle
access shall be at all times available through said
primary and secondary access without impediment.
(E) The proposed northernmost access along Highway 93 near
ole's Country Store shall not be built unless the
aforesaid traffic study establishes it is necessary to
improve safety and traffic.
3.03 Private Internal Roadways and Sidewalks
(A) Crosswell Development LLC acknowledges that the
development of the Subject Property includes development,
at Crosswell Development LLC's expense, of internal
roadways providing access to the lots within the PUD.
(B) Crosswell Development LLC agrees that the interior
roadways within the PUD shall be constructed to CITY
standards with curb, gutter, and sidewalks on at least
one side of the roadways, except that sidewalks shall be
on both sides of the Main Entrance of US Highway 93, in
accordance with the proposed Site drawings and applicable
City Standards for Design and Construction for local and
collector streets.
(C) Crosswell Development LLC agrees that they will maintain
all internal streets, boulevards, and sidewalks as
private with unrestricted public access.
(1) Sidewalks shall be provided as shown on the Master
Site Plan.
3.04 Sewer and Water
(A) Sanitary sewer service to the Subject Area shall be
accomplished via extension from the existing main at its
current terminus near the Flathead Valley Community
College (FVCC). Said sanitary sewer service shall be
extended to the furthest boundary of the Subject
Property, in accordance with the CITY Extension of
Services policy.
(B) Water service to the Subject Property shall be provided
by means of an extension of an existing CITY -owned 12
inch diameter water main from its present terminus near
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FVCC on the East side of U.S. Highway 93. This extended
main shall be looped to provide dual direction of supply
to the Subject Property in the event that this extended
water main is temporarily out of service for repairs or
maintenance. Said looping is to be accomplished by
further extension of the aforesaid water main across U.S.
Highway 93 to the West side and from there South to a
point of connection with the nearest existing CITY owned
water main of the same size, or such other point of
connection as may be authorized by the CITY. Water mains
extended to serve facilities within the Subject Property
shall be looped in similar fashion to ensure the ability
to supply water service in the event a water main is
temporarily out of service for -maintenance or repair.
(C) If a well is used on the premises it shall not in any way
be connected to the CITY water supply system.
(D) All sanitary sewer and water utilities shall be designed
and installed in dedicated easements as shown on Exhibit
"D" and in accordance with the City of Kalispell's
Standards for Design and Construction.
(E) All Utility Infrastructure located within the Subject
Property____ shall be dedicated to the public upon
completion.
(F) Crosswell Development LLC agrees to obtain all necessary
easements for the extension of water and sewer to the
Subject Property. In addition, Crosswell Development LLC
will grant to CITY any and all easements necessary for
CITY to perform maintenance of water and sewer lines
installed pursuant to this Agreement.
(G) In the event that CITY requires installation of water
and/or sewer lines larger than those required to service
the current needs of Crosswell Development LLC as
determined by hydraulic modeling tests, then CITY shall
pay only those costs associated with the increased
utility main sizing or extension.
(H) In no event shall this Agreement be construed as to
require CITY to complete installation of Infrastructure
and other improvements on the Subject Property, or on any
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portion thereof, during any phase of development of the
Subject Property.
(I) Following completion of installation of the sewer and
water lines on the Subject Property by Crosswell
Development LLC, it is agreed that the said utility lines
shall be dedicated to CITY, and shall at that time be
maintained by CITY in accordance with CITY maintenance
policy and standards. However, service lines to
individual buildings on site shall remain under private
ownership and shall be privately maintained.
(J) Should CITY choose _not to participate in the _additional
costs as provided in subsection_.G, above, and still
requires an up -sizing as described therein, Crosswell
Development LLC, shall be entitled to a Developer's
Extension Agreement as provided in Section 4.01 (C),
below.
3.05 Storm Water
(A) Storm Water retention, drainage, and disposal shall be
handled in accordance with regulations of the CITY and
the Montana Department of Environmental Quality, and such
other City, State and Federal "storm water requirements"
as are in existence and made applicable to the property
at the time of the construction of any improvement.
(B) Storm Water will not be retained, treated or discharged
off -site.
3.06 Site Grading
(A) Site Grading of the Subject Property shall be subject to
the City's Emission Control Plan and Standards for Design
and Construction.
(B) Prior to commencement of site grading, Crosswell
Development LLC agree to obtain an Air Quality
Construction and Demolition Permit from the Director of
Public Works, and to comply with the terms and conditions
of said Permit during construction, including hauling of
material to and from the site.
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13
(C) A site grading plan shall be submitted to the Director of
Public Works for review and approval prior to the
commencement of any grading work.
3.07 Fire Suppression
(A) Prior to the Building Department issuing any permit for
any foundation or building within the PUD, the Fire Chief
for CITY must certify that Crosswell Development LLC has
supplied a fire site access plan for the Subject Property
and an engineered internal fire suppression system for
the buildings to be constructed on the Subject Property,
which -will be in accordance with the Uniform Fire Code
-and-will-be acceptable to the Fire Chief.
(B) Crosswell Development LLC agrees to install hydrants and
water mains in accordance with City of Kalispell
Standards and to obtain approval thereof prior to
construction from the City of Kalispell Fire Chief. .
3.09 Landscaping
(A) Prior to commencing construction on the Infrastructure,
the parties shall prepare a plan which shall be attached
as an addendum hereto which shall address grading,
revegetation, irrigation and maintenance of the
undeveloped areas so as to create a weed free, dust free
area until such time as the undeveloped area is
developed.
(B) Trees will be placed within the parking lots at a rate of
1 tree per every 14 parking spaces as stated in the
application. Street trees will be placed at 40 foot
intervals along both sides of the internal roadways
except where they immediately abut a parking lot island
or planter or abut building fronts. Street trees are to
be a minimum of 2 1/4 inch caliper at planting.
(C) Landscaping along Highway 93 and West Reserve Drive will
include street trees placed at 50 foot intervals which
are a minimum of 2 1/4 inch caliper at planting and will
include a hedge or shrub at a minimum height of three
feet between the parking lots and roadways. This shall
comply with site obstruction standards.
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(D) A landscape pod will be placed at the end of each parking
aisle and parking medians which will include a minimum of
one tree at a minimum caliper of 2 1/4 inch planting in
addition to other shrubs and greenery.
(E) The overall landscape plan shall be coordinated with the
Kalispell Parks and Recreation Director as to the exact
size and location of the plantings and the species lists.
This plan shall be attached as an addendum upon approval
of Crosswell Development LLC and the Parks Director.
(F) Landscaped areas within the site shall be as proposed in
the application which includes landscaping, walkways and
gazebos. -
(G) All refuse areas shall be screened from public view.
(H) Retaining walls in excess of 4 feet in height will be
avoided as much as possible with the preference being the
implementation of landscape terracing to make transition
in areas with steepest grades.
3.09 off -site Paths
Crosswell Development LLC agrees to install a pedestrian
walkway as indicated on Exhibit "C" to provide for a
continuous and connected system with the existing walkways
along Highway 93 and West Reserve Drive, including a sidewalk.
3.10 Lighting
(A) Crosswell Development LLC shall submit a lighting plan to
CITY which utilizes standard lighting fixtures with
downward projected lighting in compliance with the Zoning
Ordinance.
(B) The lighting plan shall be reviewed and approved by the
CITY.
3.11 Signage
The maximum signage to be used will be calculated as provided
in this section.
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(A) Wall Signs: The amount of square footage for wall signs
allowed on buildings shall be calculated at 1.5 sq. ft.
for each frontage footwof any single side of the
particular building as determined by Crosswell
Development LLC.
(B) Ground Signs: Two ground signs shall be permitted, one
foot from the property line fronting U.S. Highway 93.
Each sign will have a maximum height of five feet. one of
the signs shall not exceed 90 square feet per side and
the other shall not exceed 60 square feet per side.
(C) Entrance Signs: An entrance sign shall be allowed at a
minimum of 40 feet from the property line fronting U.S.
Highway 93 at a maximum height of 22 feet. This sign
shall not exceed 158 square feet per side. An entrance
sign will be allowed at a minimum of 30 feet from the
property line fronting West Reserve Drive. This sign will
have a maximum height of eighteen feet and will not
exceed 117 square feet per side.
(D) All other signage will conform to CITY ordinances.
IV. CITY SEWER/WATER CONNECTION FEES
4.01 Connection Fee Schedule
(A) Connection fees for connection to the CITY Water and
Sewer Utility, based upon Resolution No. 4287 and
Resolution No. 4288, will be determined in accordance
with City Standards and fee schedules for connection
fees, —in effect at the time of the application for a
building permit.
(B) Crosswell Development LLC, or its successors and assigns
which own the property at the time of applying for a
Building Permit, shall pay the connection fees associated
with the utility connections at the time of obtaining the
Building Permit for each structure. This provision is to
assure that the fees are paid at the time of applying for
a Building Permit and is not to be construed as to
prohibit Crosswell Development LLC from requiring
reimbursement or advance payment of the cost from any
potential tenant or purchaser.
FINAL Agr.wpd 16
(C) Crosswell Development LLC may be entitled to
reimbursement of a portion of the costs of installation
and extension of water and sewer utilities from future
users who connect to extended water and sewer facilities.
If Crosswell Development LLC anticipates the need for
reimbursement of cost, Crosswell Development LLC's
engineer shall prepare a preliminary design and report
that details the proposed facilities and the estimated
proposed reimbursable costs and will submit said design
and report to the CITY for review and concurrence. Costs
shall be recovered through a developer's extension
agreement and will be subject to the following
conditions.
1) No reimbursement will be allowed for any costs
associated with meeting the utility requirements
for development of the Subject Property. These
costs shall be determined by Crosswell Development
LLC's engineer and shall be submitted for review
and concurrence by the Director of Public Works.
Said costs shall be the actual costs of
construction, inclusive of engineering and
inspection costs, and shall be submitted as
specified within thirty (30) days of substantial
completion of the work.
2) No reimbursement will be allowed for any costs of
extension of water and sewer facilities, or
increases in size thereof, for which the CITY has
agreed to provide reimbursement as described
elsewhere in this agreement.
3) Costs associated with extensions of water and sewer
facilities to future users shall be determined by
Crosswell Development LLC's engineer and shall be
provided to the Director of Public works for review
and concurrence that said costs are appropriate for
reimbursement. Said costs shall be the actual costs
of construction, inclusive of engineering and
inspection costs, and shall be submitted as
specified within thirty (30) days of substantial
completion of the work.
4) A developer's extension agreement shall be prepared
by Crosswell Development LLC's engineer and
FINAL Agr.wpd 1 7
submitted to the Director of Public Works for
review and concurrence. The agreement shall
identify the costs to be reimbursed, the properties
benefitted by the extended utilities, and the
proportionate cost to be reimbursed by each
benefitted property upon connection to the extended
utilities. The agreement shall identify the
recommended method for apportioning reimbursable
costs between the benefitted properties. Said
method shall be the same for all properties. The
term of this agreement shall not exceed a period of
seven (7) years.
5) Upon concurrence, the Director of Public Works
shall submit the proposed developer's extension
agreement to the Kalispell City Council for
approval.
6) Future extensions by the CITY of utility facilities
covered by this PUD agreement shall not be subject
to the cost reimbursement outlined in this section.
V. AMENDMENT OR MODIFICATIONS OF AGREEMENT
5.01 Amendment or Modification Procedures
This Development Agreement may be amended or modified only by
application of Crosswell Development LLC, in accordance with
the procedures set forth herein. Applications for amendment or
modification may be made to the City of Kalispell Site Review
Committee.
(A) Modifications of this agreement and the attachments
hereto which are deemed by said Site Review Committee to
be minor modifications shall require only the consent of
the Site Review Committee and shall not require the
consent of the City Council or any other public agency.
Said minor modifications shall include, but are not
limited to, adjustments in size, location and orientation
of specific building pads. or other facilities and
amenities, provided that said minor modifications do not
alter the total developed area or number of pads or
amenities as shown on the Master Site Plan.
FINAL Agr.wpd 18
(B) All amendments and modifications of this Agreement, other
than minor modifications, shall require the approval of
the City Council.
(C) All applications for modifications or amendments of the
Agreement shall be filed with the Site Review Committee
and the Site Review Committee shall promptly, within 10
days, determine whether the modifications are major or
minor.
(D) The Site Review Committee shall make its determinations
with respect to any application for minor modifications
subject to this Section within 15 days after it
determines the application to be subject to said minor
modification.
(g) 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 to require Council review.
(F) Crosswell Development LLC may appeal the decision of the
Site Review Committee to the City Manager or City
Council, who may affirm, reverse or modify the Site
Review Committee decision.
VI. MISCELLANEOUS
6.01 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.
6.02 Recordation
This Agreement shall be recorded in the Office of the Flathead
County Clerk and Recorder.
FINAL Agr.wpd 19
6.03 Entire Agreement — Primacy
This Agreement and the attachments, exhibits, plans, and
reports referenced herein constitute 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 any
drawing or document submitted prior to execution of this
Agreement, this Agreement shall take precedence.
6.04 Integration
This Agreement, together with any attached exhibits and any
addenda or amendments -signed by the parties, integrates all
negotiations and previous agreements between the parties and
supercedes any other written or oral agreements or
representations between the parties. This Agreement can be
modified only in writing, signed by all parties hereto. Not
withstanding the forgoing or anything else contained in this
Agreement, the Sale and Purchase Agreement between PACK and
Crosswell Development LLC, dated September 18, 2000 and as
amended on December 26, 2000, and the provisions thereof shall
remain in full force and effect.
6.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit
of the respective parties, heirs, successors and assigns.
FINAL Agr.wpd 20
6.06 Substitution of Parties
Parties acknowledge that Crosswell Development LLC is in the
process of forming a Montana legal entity. Upon completion of
that action, the entity shall sign a document assuming all of
the obligations and rights of Crosswell Development LLC. Upon
delivery of that document to the CITY and the recording of an
executed copy thereof, that entity shall be substituted in
full for Crosswell Development LLC in this Agreement.
Dated this Z- day of w 2001.
CROSSWELL DEVELOPMENT LLC P;
,/-
mi
VAT
CITY OF KALISPELL
By:c
` / V
Its:
STATE OF OF MONTANA )
) ss.
County of Flathead )
Attest:
By: �4c �/'P 4
J _
Its:
On this Z day of 1 2001, before me the
undersigned, a Notary Public for e State of Montana, personally
appeared C known to me to be the authorized
representative for Crosswell Development LLC, the person whose name
is subscribed to the foregoing instrument and acknowledged to me
that he/she executed the same on behalf of the said entity.
Notary Pubic for the` State of Montana
Residing at
My Commission Expires z ��
FINAL Agr.wpd 21
STATE OF MONTANA )
) ss.
Oounty of Flathead )
On this __7!� day of /'f 2001, before me the
undersigned, a Notary Public for,, he State of Montana, personally
appeared / - vew,C, known to me to be the authorized
representative for PACK AND COMPANY, the person whose name is
subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same on behalf/,jf the said entity.
r
od
_ ary Pur(lic for the State of Montana
-- Residing 'at l
My Commission Exp re =!-,Z Zy 2c2cV-
STATE OF MONTANA )
) ss.
County of Flathead )
on this g day of /6 , 2001, before me the undersigned,
a Notary Public for the State of Montana, personally appeared
naec A, nr-'?L-rX' known to me to be the
for the CITY of Kalispell, and tLne H17, the
for the CITY of Kalispell, the persons
whose names are subscribed to the foregoing instrument and
acknowledged to me that he/she executed the same on behalf of the
CITY of Kalispell.
FINAL Agr.wpd
Notary Public r the State of Montana
Residing at %+�`✓
My Commission Expires 9 Od
22
ORDINANCE NO. 1436
AN ORDINANCE AMENDING ORDINANCE NO. 1380 (PLANNED UNIT
DEVELOPMENT, CROSSWELL DEVELOPMENT LLC) BY AMENDING SECTION
2.03(D), USES, AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Planned Unit Development for Crosswell Development, LLC, Ordinance No.
1380, (Records of Flathead County, Doc. No. 200116515150) was initially filed on
June 8, 2001; and
WHEREAS, the Crosswell Development LLC, Planned Unit Development Agreement, Section
2.03 (D), Uses, reads:
"(D) Crosswell Development LLC shall provide CITY with a fire station pad. The
pad shall be a minimum of two acres in size with not more than one percent
grade change throughout the pad. The ratio of length to the width of the
proposed pad site shall not exceed 2:1 without prior consultation with and
agreement of CITY. Utilities shall be extended to the pad so that it is ready
for future development by the CITY. Crosswell Development LLC shall, at
the time of granting the pad, provide easements for access with such access,
including, if Crosswell Development LLC so decides, in Crosswell
Development LLC`s sole discretion, fee interest subject to easements in favor
of Crosswell Development LLC in all or a portion of the necessary access.
Should such fee interest be granted, it shall not be considered part of the pad
but shall be considered additional land granted to CITY. This provision is not
to be considered an extraction but was rather negotiated and added to the
conditions of approval as part of Crosswell Development LLC's desire to
participate in and provide for the future needs of CITY.", and
WHEREAS, due to City growth to the northeast and northwest, an analysis has determined that
a fire sub -station on this site would not maximize fire protection coverage, and
WHEREAS, Crosswell Development, LLC has indicated that it would be willing to buy the site
from the City for use as a storm water retention area.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That Section 2.03 (D), Uses, of the Crosswell Development, LLC, Planned
Unit Development Agreement is hereby amended by adding the following
language:
... Crosswell Development, LLC may pay $50,000 to the City in lieu
of providing the above -described property to the City.
ti
SECTION II. All other parts and portions of Ordinance No. 1380, not amended
hereby, shall remain the same.
SECTION III. This Ordinance shall take effect from and after 30 days of its passage
by the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA, THIS 19TH DAY OF AUGUST, 2002.
4ai
ela B. K edy
or
ATTEST:
Theresa White
City Clerk
DEVE LOP MENT, LLC
Construction d Development Servieer
November 26, 2002
Mr. Chris Kukulski
City of Kalispell
PO Box 1997
Kalispell, Montana 59901
Dear Chris:
RECEIVED
nALIS LLL CITY CLERK
Re: Mountain View Reimbursement
Via: Email and US Mail
This letter is in response to your letter of November 21" concerning the reimbursement and other
issues at Mountain View Plaza. Please allow me to respond:
Your opinion that I am seeking to resolve several disparate issues is indeed correct, but I was
working under the impression that seeking resolution to each parties' wants and needs was a
good thing. As I recall, the fact that you offered us a more agreeable sign allowance in return
for our pledging a 2 acre fire station tract did not seem so disparate at the time. It is either naive
or disingenuous of you to suggest that some level of quid pro quo has not been present since our
first meeting almost 2 years ago. To wit, your subsequent statement that you placed my sign
amendment consideration on hold while we worked on the offsets is fairly indicative of how this
process has worked.
Following the receipt of your letter, I was apprised that my sign request has in fact been
forwarded to the council for consideration as a major amendment. By all means, we look
forward to their review and are ready to answer any questions or concerns they may have.
Regarding the utility reimbursement issue itself, I'm afraid we are nowhere near an agreement.
I will respond to the specific issues you raise, but until the city experiences a significant shift as
to the genesis of this entire process we will not be able to make any real progress. As I
understand your argument, the city regards the PUD Agreement and attending documents as
"ground zero" so to speak for our discussions. This is not true.
Our engineer's original utility requirements for the property and intended improvements were
presented to the city for acceptance prior to any substantial negotiations. My very specific point
is this: the city would not enter into the PUD Agreement until we amended and re -amended the
Design Report to encompass the larger lines, the Highway 93 loop, and other alterations as
requested by the city during the review process prior to completing the PUD. You now take the
2121 Sage Road, Suite 380 Houston, Texas 77056 tel 713 266 9200 fax 713 266 9278
position that we are not eligible for the reimbursements we have all along expected and are now
requesting? At best this philosophy is misguided, at worst its dishonest.
The costs associated with upsizing the water and sewer lines and the requirement that we loop
the water system on the west side of Highway 93 are by all means reimbursable improvements to
your city's system. We are more than prepared to provide examples of similar developments
with more service connections throughout the city where loops have not been required. We are
also interested in hearing from the city as to how a 12 inch water main along 4000 feet of a
previously un-served 600 acre tract with highway frontage is not an improvement to the city's
utility system.
As for your denial of engineering and inspection costs, let me point out that this is a pro-rata
percentage of the overall cost of the project in relation to the upsizing cost. Not only does the
requested amount equal a fraction of the overall cost, I would say that this portion of the
reimbursement figure is so common and customary in similar situations that your own PUD
document, Section 4.01(C)(1) contemplates these costs: "...inclusive of engineering and
inspection costs..."
In wrapping up your reimbursement points, you mention our late submittal and consequently
your willingness to extend the date for future negotiations. Thanks. You should note that my
first letter to you regarding the reimbursement was February 5th, 2002. It states that we are ready
to proceed with the process and have calculated the reimbursement figures. It also requests that
the city attorney provide us with a standard form of agreement. I've yet to receive any
document. You also point out that substantial completion was designated as April 23Td. I am
unsure as to whether or not your staff has actually accepted the improvements; if so, please
forward the acceptance letter to my attention.
Regarding the $50,000 payment in lieu of the 2 acre pad, all of these issues do indeed have
significance to one another and, as I recall, the idea of the trade-off was your idea. In fact, I
believe this payment was mentioned during council's preliminary plat approval of the remaining
parcels not long ago. However, I apologize for perplexing you so; we will grant the city the 2
acre pad site, per the requirements of the PUD Agreement. This pad is located directly behind
the future retail between Target and Home Depot and adjacent to the detention pond. It will not
exceed a length to width ratio of 2 to 1, and it will not have more than a 1% grade change
throughout the pad.
In closing, allow me to respond to your heartfelt promise to continue working together. From
the very beginning of this process you and some of your staff have continuously and consistently
neglected to work with us on a good -faith basis. Quite frankly, I'm afraid our only option to
shed light on this situation and to receive any sort of fair treatment will eventually be litigation. I
believe the mayor, the city council, and the constituents of your officials have a right to know
how their city government deals with the public.
I am more than willing to meet with you and your staff to discuss these issues. And perhaps your
engineer could be with you as well. You may want to remind your staff that I travel a much
greater distance at a much greater cost than their stroll down the hall. Furthermore, any
additional conversation between me or any of my representatives and any city stab will be need
to be recorded in some fashion. Perhaps you could arrange that prior to our next meeting. Please
forward this letter to the mayor and your council with the invitation to contact me at any time to
discuss our issues.
Sincerely,
>,Aq
Stan Beard
for Mountain View, LP
cc: Scott Deskins, email
Allen Crosswell, email
George Craft, email
Mike Fraser, email
City of Kalispell
Post Office Box 1997 - Kalispell. Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758
November 21, 2002
Stan Beard
Mountain View, LP
2121 Sage Road, Suite 380
Houston, TX 77056
Re: Mountain View Plaza
Dear Stan:
Thank you for coming to town to meet with us yesterday to discuss your proposal. I regret
that you did not have the time for a longer meeting. I believe that a more thorough discussion of
the issues would have been beneficial for every one involved. Some clarification, however,
remains to be made on certain issues that you have raised. The terms of the PUD Agreement
seem very clear to me and my professional staff and need to be settled with you and your
professional staff.
Your proposal of September 19, 2002 seeks to resolve several disparate issues by balancing
one against another. While I find the offer intriguing, in a sense, such a broad brush approach to
the problems will only tend to create further difficulties for the City down the road. It is
necessary, therefore, to separate the matters out and deal with each on its own terms.
I acknowledge that you have requested a modification concerning signage as addressed in
Section 3.11 and Section 5.01 of the PUD Agreement. Consideration of that request was placed
on hold when you followed up with your proposal of offsets shortly thereafter. After our
meeting on Tuesday it became apparent that we need to move your request along and I have had
the matter placed on the agenda for the Site Review Committee for this Thursday, November
21". The Committee will determine whether the modification is major or minor and, if major,
direct the matter to the City Council for further determination. If it is minor, your request will be
considered and determined by the Committee.
I was frankly looking forward to discussing your terms 2 and 3 of your proposal with you
and was disappointed that we didn't have that opportunity. hi my view, the PUD Agreement was
well negotiated and both the City and the developer received sufficient benefit from the
agreement. The agreement should therefore not be modified unless both the City and the
developer receive additional benefit from such modification. While it is clear to me how
Mountain View would benefit from your proposal, I was looking for some persuasion from you
as to how the City will benefit from the modifications you are proposing.
Stan Beard
11/21/2002
Page - 2
In your letter dated August 27, 2002 you requested reimbursement for certain utilities
pursuant to Section 4.01(C) of the Mountain View Plaza PUD Agreement. As stated in our
previous correspondence, it is the City's view that the submitted items and costs are inconsistent
with both the engineer's Design Report for Mountain View Plaza and the signed MVP PUD
agreement. The basis for this view is as follows:
WATER: Section 3.04, paragraph (B) of the signed PUD agreement specifically requires the
extension of an existing 12 inch diameter City water main from its terminus near Flathead Valley
Community College. This paragraph also states the requirement for installation of a parallel
water main along the west side of US 93 and its connection to a main of the same size for the
purpose of providing a looped system to serve the development. Water mains within the
development are similarly required to be looped to ensure uninterrupted service. Based on the
Design Report, prepared by TD & H, in order to satisfy the water demand for domestic,
irrigation and fire protection it was determined that a 12 inch main, not 10 inch as indicated in
your letter, was required. The engineer's determination is further validated by the fact that the
primary water distribution mains installed to serve the Home Depot and Target parcels are 12
inch diameter while others installed to serve different areas of the site are of lesser size. The City
placed no additional or supplemental requirement on the developer for up -sizing water mains
beyond that stipulated in the signed PUD agreement or as recommended in the engineer's design
report. As a result, there is no basis for the request for the cost of up -sizing the water main from
10 inch to 11 inch or for the cost of the installation of the 12 inch main on the west side of US 93.
SEWER: Section 3.04, paragraph (A) of the signed PUD agreement specifically requires
sewer service via an extension of the existing main from its then current terminus at FVCC. Size
of the main is not specified in the PUD agreement. The TD & H Design Report proposes
installation of an 8 inch diameter sewer main to run from the development to the required point
of connection to the City system. However, in order to optimize the installation with respect to
the terrain and the need to provide adequate pipe cover with minimum amounts of fill material,
the design submitted by the engineer showed installation of a largerl2 inch diameter main. This
main is installed on a flatter grade than allowed for an 8 inch main and extends to the drop
manhole at station 35+00 where the size changes to 8 inch diameter for the remaining distance to
the site. This design was approved with the following change. In order to allow for increased
flows in the future, the City required up -sizing the main from station 35+00 to the site from 8-
inch diameter to 12-inch diameter, a distance of 2,329 linear feet. The remaining 2,501 linear
feet of 12-inch diameter pipe from the point of terminus near FVCC to station 35+00 was
installed per the engineer's recommendation for the reasons cited above. The City agrees that
installation of the 2,329 linear feet of 12-inch diameter pipe is a potentially reimbursable cost.
The eligible cost of this installation has not been determined.
INSPECTION and ENGINEERING: These expenses were necessary for the proper design
and installation of facilities required under the previously cited terms of the PUD agreement.
The facilities were installed in a location dictated by the utility requirements of the Subject
Stan Beard
11/21/2002
Page - 3
Property and, except for the overall diameter of the pipe, were incidental to a normal installation
and are unaffected by the changed pipe size. In other words, it does not cost any more to design
and inspect a 12-inch diameter sewer main than to design and inspect an 8-inch diameter sewer,
main. Had the City ordered the installation of other pipe in another location not related to
meeting the utility requirements of the Subject Property, then those engineering and inspection
costs may have been appropriate to consider for reimbursement. The request for reimbursement
of $20,000 for engineering to cover the additional costs of design and inspection is ineligible for
reimbursement.
REIMBURSEMENT: Section 4.01, paragraph (C), sub -paragraph 1) of the signed
agreement states that no reimbursement will be allowed for any costs related to meeting the
utility requirements for development of the Subject Property. As outlined above and in
accordance with the terms of this section, we have determined that the requested water facility
costs and the requested engineering and inspection costs are directly related to meeting the utility
requirements of the Subject Property and therefore are ineligible for reimbursement: With
respect to sewer facilities, and also as outlined above, the undetermined as -installed incremental
cost to install 2,329 linear feet of 12 inch diameter sewer main in place of an equal length of 8
inch diameter sewer main is potentially eligible for reimbursement. However, as clearly detailed
in section 4.01, paragraph (C), sub -paragraph 1), the request for reimbursement and submittal of
the costs and reimbursement agreement are required to be made within 30 days of substantial
completion of the work.
Thomas Dean & Hoskins engineer, Mark Munsinger, provided via letter dated April 23,
2002, the engineer's certification of Substantial Completion for MVP Phase I utility facilities. A
request for reimbursement with the required supporting data was required to be submitted not
later than May 23, 2002. Your letter dated August 27, 2002 wherein you made a formal request
for reimbursement was not submitted in a timely way. It failed to adequately detail the eligible
costs to be reimbursed, and did not include the engineer's submittal of the required
reimbursement agreement. Therefore, in accordance with the terms of the signed Mountain View
Plaza PUD agreement, reimbursement of the previously cited potentially eligible sewer costs
could be denied. However, in an effort to work with the developer, I propose extending this
deadline to December 6, 2002 and ask that this issue be given full attention by both engineering
staffs.
As you were leaving our meeting you indicated that Mountain View was no longer
interested in paying the City $50,000.00 in lieu of a parcel as previously agreed upon. I am
somewhat perplexed how that issue entered into the equation. However, I simply refer you to
Section 2.03(D) of our agreement to remind you of the specific requirements of the exchange and
will await the identification of this parcel.
Throughout the long process of developing Mountain View Plaza, the City and its Public
Works staff have sought to foster and maintain a cordial and professional working relationship
with Mountain View and its engineer. With few exceptions we feel this has succeeded. The
single most troubling exception has been in the area of gaining complete responses and timely
Stan Beard
11/21/2002
Page - 4
action from Mountain View on matters of seemingly great importance to Mountain View and its
representatives. The subject matter of this correspondence is the most recent and troubling of
these occasions. With respect to the MVP PUD agreement, we have consistently sought to abide
by the terms of the agreement and have expected no more of Mountain View. With respect to the
matter at hand, we feel compelled to do so again and hope that your careful appraisal of the facts
supporting our position will enable you to look forward, as do we, to working together again on
projects of mutual benefit to this community and to Mountain View.
I look forward to discussing this with you further, hopefully in a face to face meeting here.
Perhaps your engineer could be with -you and we could hopefully have more time and be more
productive than our last meeting. Be assured that the City Council and I are earnest in our desire
to be fair and receptive in our dealings with you and expect, as we should, the same
consideration from you.
Sincerely,
A.
Chris Kukulski, City Manager
cc: Charlie Harball
Jim Hansz
Mayor/City Council
MOUNTAIN VIEW, LP
2121 Sage Road, Suite 380
Houston, Texas 77056
September 19, 2002
Mr. Chris Kukulski
City of Kalispell
312 First Avenue East
Kalispell, Montana 59901
Re: Mountain View Plaza
Via facsimile and US Mail
Dear Chris:
Thanks for the conversation this afternoon. I have attached our revised reimbursement
letter regarding Section 4.01(C) of the PUD Agreement. You will note that the total
request is now $122,245 and I have attached TD&H's analysis for your review.
Please allow my summation on where we stand. Per the agreement, we are due the
reimbursement payment from the city as opposed to any future "extension" agreements
defined in the PUD agreement. Here is what I propose:
1. The city allows the addition of the requested Target Sign via the minor modifications
process agreed to in the PUD Agreement.
2. The city waives future water/sewer tap fees for any building within the MVP
development that Mountain View, LP as an owner would be required to pay. This
waiver would not apply to any third party owner/applicant other than Mountain View,
LP.
3. Mountain View, LP releases the city from its obligation to pay the referenced utility
reimbursement of $122,245.
I think this agreement accomplishes both of our goals very equitably. Please give the
proposal some thought and feel free to contact me with any questions you might have. I
look forward to speaking with you soon.
Sincerely,
Stan Beard
MOUNTAIN VIEW, LP
2121 Sage Road, Suite 380
Houston, Texas 77056
September 9, 2002
Mr. Chris Kukulski
City of Kalispell
312 First Avenue East
Kalispell, Montana 59901
Re: Mountain View Plaza / Utilities Extension Agreement
Via: Facsimile and US Mail
Dear Chris:
As previously discussed, pursuant to Section 4.01(C) of the Mountain View Plaza PUD
Agreement ("Agreement'), please accept this letter as our revised request to be
reimbursed for the utilities listed below:
1. Off and On Site Water Line East of Hwy 93 and MVP Tract:
a) Water upsized from 10" to 12": $ 29,770
b) Sewer upsized from 8" to 12": $ 26,150
2. Off Site Water Line West of Hwy 93:
a) Water upsized from 8" to 12": $ 46,325
3. Engineering and Inspection: $ 20,000
Total Reimbursement Requested: $122,245
Thomas, Dean & Hoskins has prepared cost evaluation data which I have attached for
your review. Please feel free to contact Mike Fraser with TD&H or me directly. Thanks
for your attention to the matter and I look forward to hearing from you.
Sincerely,
4:� �A .
Stan Beard
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�F
MOUNTAIN VIEW, LP
2121 Sage Road, Suite 380
Houston, Texas 77056
713.266.9200
713.266.9278 fax
August 27, 2002
Mr. PJ Sorensen
City of Kalispell
248 Third Avenue East
Kalispell, Montana 59901
Re: Mountain View Plaza PUD / Modification Request
Via: Hand Delivery
Dear PJ:
Pursuant to Section 5.01 of the Mountain View Plaza PUD Agreement ("Agreement"),
we are requesting a modification concerning signage as addressed in Section 3.11 of the
Agreement.
Mountain View LP is requesting an addition of one ground sign described on the attached
schematic drawing and located on the attached site plan. We are requesting this sign be
an addition to the currently allowed signs described in Section 3.11.
With this letter, I am asking that a) the Site Review Committee define this request as a
minor modification and b) approve said modification. In lieu of this determination, we
are asking the Site Review Committee to refer the request directly to City Council for its
review and final vote.
Please let me know if I can answer any questions or provided additional information. I
appreciate your attention.
Sincerely,
Stan Beard
cc: George Craft
Scott Deskins
Target Corp / Real Estate
Roue DEPOT
1M.W SF,
YA.1Yt
59,000 3
TJ Y
25.= S
M6$
w 1e7 s
1M� &F.
01
0
SITE DATA
4 Z233 TOTAL BUILDING AREA
Z786 AVAILABLE PARKING SPACES
6.3 SPACES/1000 SF OVERALL
1 72.935 SF IN PAD BUILDINGS
717 AVAILABLE PARKING SPACES
(9.09 SPACES PER 1000 SF)
preliminar concept plan
Kalispe Montana �►
A
MOUNTAIIVVMW LP.
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