2025 SIA/Aspen Creek West Ph 1 (520 Three Mile Dr Asso) (NR)Return to:
Aimee Brunckhorst
Kalispell City Clerk
201 1' Avenue East
Kalispell, MT 59901
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this Q d day of b C bbR- ; 20 by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
520 Three Mile Drive Associates, LLC (Name of
Developer)
a Delaware limited liability company
(Individual, Company or Corporation)
located at 940 Emmett Ave., Suite 200, Belmont, San Mateo County, California, 94002 ,
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Aspen Creek West - Phase 1 (Name of
Subdivision)
located at Tract 2 of COS 16428, in the N 1/2 Section 11, T28N, R22W, P.M.,M., Flathead County, MT
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Aspen Creek West - Phase 1 , upon the conditions as set forth (Name
of Subdivision) 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
$ 668.156.45
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 $ 835,195.56 . 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 $ 835,195.56
completing the required improvements in Aspen Creek West - Phase 1
(Name of Subdivision)
the estimated cost of
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 July 15 , 20 26
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects
for a period of two (2) years from the date of acceptance of the completion of those improvements
by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral
sufficient to insure such compliance. If the City determines that the Developer will not construct any or all
of the improvements in accordance with the specifications, or within the required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned
to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
(Name of Subdivision/Developer/Firm)
by
(Name)
STATE OF MONTANA
COUNTY OF
On this day of
of Montana, personally ap
(5Q, ,4taa"' 51'1nk+UC&- g,)
(Title
20 , before me, a Notary Public for the State
, known to me to be the
whose name is subscribed to
the foregoing instrument and cknowledged to me that he/she executed the same.
IN WITNESS WHE OF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above writte
Notary P lic for the State of Montana
Print Name
Re ' ing at
y Commission Expires
MAYOR, CITY OF KALISPELL
MAYOR
ATTEST:
CITWACLERK
Subdivision Improvement Agreement
Aspen Creek West — Phase 1
Developer Signature Page
Developer:
520 Three Mile Drive Associates, LLC,
a Delaware limited liability company
By: VPDC 2015, LLC,
a Delaware limited liability company,
its manager
By:
Name: bebra L. Perry
Its: Vice President
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF CALIFORNIA §
§
COUNTY OF PLACER §
On /7-,0TT before me, ILA 1 0,e%-),e� , Notary Public,
personally appeared Debra L. Perry who proved to me on the basis of satisfactory
evidence to be the person(s) whose namesVsr ubscribed to the within instrument and ackno edged
to me that heKF6 ey executed the same in her/t it authorized capacity(ies), and that by is/her/their
signature(s) brr tf5e instrument the person(s), or a entity upon behalf of which the person t d,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
r ture of Notary Public
KEL NESTER
COMM. # 2458973
NOTARY PUBLIC - CALIFORNIA
SACRAMENTO COUNTY 0
uFoaN COMM. EXPIRES AUG. 13,2027i
Seal
RESOLUTION NO. 6081
1110I.W411313 11111111210 a WAV41 WilklyJ late I am vti
WHEREAS, 520 Three Mile Drive Associates, LLC, the owner of the certain real property
described above, has petitioned for approval of the Subdivision Plat of said property;
and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
June 14, 2022 on the proposal and reviewed Subdivision Report #KPP-22-05 issued
by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Aspen Creek West subject to certain conditions
and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of July 5,2022,
reviewed the Kalispell Planning Department Report #KPP-22-05, 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-22-05 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of 520 Three Mile Drive Associates, LLC for approval
of the Preliminary Plat of Aspen Creek West, Kalispell, Flathead County,
Montana is hereby approved subject to the following conditions:
1 The Planned Unit Development for Aspen Creek West allows the following deviations from
the Zoning Regulations:
(1) Lot Area: Sec 27.06.040(l) — Minimum lot size in the R-3 zone is 6000 square feet. The
deviation reduces minimum lot area to 3791 square feet for the attached townhome lots.
(2) Lot Width: Sec 27.06.040(2) — The minimum lot width in the R-3 zone is 50 feet. The
deviation reduces the lot width requirement for the sublots for the townhome units to 40 feet.
2. The Planned Unit Development for Spring Creek Park allows the following deviations from
the Kalispell Subdivision Regulations:
(1) Road Sections: Section 28.3.14 — The subdivision regulations and the Standards for
Design and Construction contain design criteria for roads. This deviation would allow an
alternative design for a private street in the northern area of the development and deviations
of the centerline radii on two curves on Triple Creek, as detailed within the staff report.
i. The preliminary plat approval for the subdivision is not effective until the ordinance
approving the PUD/zone change becomes effective.
4. 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.
5. A development agreement shall be drafted by the Kalispell City Attorney between the City
of Kalispell and the developer outlining and formalizing the terms, conditions and provisions
of approval. The final plan as approved, together with the conditions and restrictions
imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall
be completed and signed by the city and owner prior to the issuance of a building permit.
6. Upon approval of the preliminary PUD by the City Council, the property owner shall
proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of
the Kalispell Zoning Ordinance.
7. As a PUD with an associated preliminary plat application, the abandonment or expiration of
the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance.
8. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
9. The storm water ponds shall be designed in a way that they become a visual interest to the
development. Chain link fencing surrounding the retention pond as the dominant feature
shall not be allowed without mitigation. The developer shall work closely with the Parks
Department and Public Works to develop a design that is both visually appealing and meets
the required safety guidelines. It is intended that when the project is developed the ponds will
act as features, particularly along the roadways, rather than a private maintenance utility
facility.
10. The storm water ponds will be required to be on utility lots, and access for maintenance of
the ponds shall be provided in accordance with city standards.
11. 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.
12. 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.
11 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.
14. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction. All design
work shall be reviewed and approved in writing 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 sidewalks.
15. Water and sewer main extensions shall be designed and constructed in accordance with the
City of Kalispell's Standards for Design and Construction and in compliance with the city's
facilities update and extensions of services plans. The water and sewer main extension plans
shall be reviewed and approved by the Kalispell Public Works Department. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that the water
and sewer mains have been built and tested as designed and approved.
16. The water main extension shall continue in Three Mile Drive to the west extent of the
property instead of entering the private road. The water main extension along Three Mile
Drive shall comply with the Water Facility Plan.
17. Any water rights associated with the property shall be transferred to the City of Kalispell.
The water rights shall be allocated proportionally for each phase of the development prior to
final plat.
18. The sewer main extension shall continue in Three Mile Drive instead of entering the private
road.
19. The developer shall submit the street designs to the Kalispell Public Works Department for
review and approval prior to construction. Street designs shall meet the city standards for
design and construction, except as otherwise provided for herein, including, but not limited
to, sidewalks, landscape boulevard, streetlights, and curb/gutter. A note shall be placed on
the final plat designating the northern road as private.
20. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat SMI include a note
stating that "The owners hereby waive the right to protest the creation of an SID for the
purpose of financing improvements to area roads which specifically benefit this
subdivision."
21. The Traffic Impact Study ("TIS") shall be updated to address a drop in the level of service,
with the updated TIS to be reviewed and approved by the Public Works Department. Prior
to final plat all mitigation recommended as part of the approved updated traffic impact study
relative to the given phase shall be completed. All improvements shall be reviewed and
approved by the Public Works Department. Per the city Standards for Design and
Construction, the development shall maintain or improve the existing level of service for the
affected roadways rather than simply maintaining an acceptable level of service.
22. The Geotech report and a grading plan shall be submitted for review and approval by the
City of Kalispell prior to submittal of any engineering or building plans related to the
property, and the proposed layout may be altered based on that review, including the
possibility of a reduction in the number of lots.
23. Prior to any work in the floodplain, a floodplain development permit and any related permits
from the Corps of Engineers, the Conservation District, and/or other agencies shall be
obtained, if necessary, by the developer.
24. Under Section 28.3.06 of the subdivision regulations, the development shall maintain a
minimum I 00-foot setback from wetlands to any proposed lot boundaries. Under Section
28.3.07, the development shall limit uses within the 100-foot setback from the stream.
25. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted
stating that all new infrastructure has been accepted by the City of Kalispell, any private
infrastructure has been constructed per city standards, and a proper bond has been accepted
for unfinished work,
26. 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.
27. The following statement shall appear on the final plat: "The under -signed 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 Easement" to have and to hold forever."
Developer's Signature
28. 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.
29. A homeowner's association (HOA) shall be formed and established to provide for the
maintenance of the common areas, including, but not necessarily limited to, roads, parks and
open space. Maintenance of any private roads and alleys shall include both short term and
long-term maintenance including, but not necessarily limited to, snow plowing, landscaping,
sidewalks, street repairs, overlays, and rebuilds of the street.
30. 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.
31. A letter shall be obtained from the 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, common area, and adjoining rights -of -way. 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.
32. A park plan shall be created and approved by the Parks and Recreation Director prior to final
plat of Phase 1, and the plan shall show that the parkland dedication requirement is met for
each phase.
33. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
park maintenance district. This district shall only be activated in the event that the property
owners' association defaults on their park and open space amenity conditions. The
assessments levied within the maintenance district shall be determined by the Parks and
Recreation Department with approvals by the Kalispell City Council.
34. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a
stormwater maintenance district. This district shall only be activated in the event that the
property owner(s) default on the maintenance of the approved stormwater facilities. The
assessments levied within the maintenance district shall be determined by the Public Works
Department with approvals by the Kalispell City Council.
35. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be
completed prior to final plat submittal.
36. All utilities shall be installed underground and in locations that are approved by the Kalispell
Public Works Department in accordance with the Kalispell Standards for Design and
Construction.
37. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
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 5TH DAY OF JULY, 2022.
Mark Johns
ATTEST: %,'''. i t...// Mayor
po
SE�`L :r
Judi Funk
r •
Deputy City Clerk `•-'�pN-�P;;
RESOLUTION NO. 6252
A RESOLUTION APPROVING A TWO-YEAR EXTENSION TO THE PRELIMINARY
PLAT OF ASPEN CREEK WEST SUBDIVISION, LOCATED AT 520 THREE MILE
DRIVE IN SECTION 11, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD
COUNTY, MONTANA.
WHEREAS, the City Council of the City of Kalispell granted preliminary plat approval for Aspen
Creek West on July 5, 2022: and
WHEREAS, 520 Three Mile Drive Associates requested a two-year extension to the preliminary
plat of Aspen Creek West due to a delayed start in the availability of the contractor
and construction materials; and
WHEREAS, 520 Three Mile Drive Associates has met the certain conditions and it is in the best
interests of the city that the two-year extension be given.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the application of 51-0 Three Mile Drive Associates for a two-year
extension of the preliminary plat of Aspen Creek West Subdivision,
Kalispell, Flathead County, Montana is hereby approved.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 5TH DAY OF MAY. 2025.
Mark Johnson
Mayor
ATTEST:
�`1tili!/f
���'
°SELF"``'"_
?L Brunckhorst, CMC
_ .Aimee
Citv Clerk
Q NI �
Project Name: ASPEN CREEK WEST PHASE 1
WGM Project Number: 171034
Owner: 520 THREE MILE DRIVE ASSOCIATES
Bonding Date: October 6, 2025
EXHIBIT "B" n
CERTIFICATION OF WORK TO BE 4& WG M .3 R O U P
COMPLETED `�
Completed as of Bonding Date Total
Final Construction
Construction Quantity Costs
Quantities and Costs
Line Item Item Description Unit Quantity
Unit Price Total
Quantity Current Total
Landscape Plan Cost Estimate
L.1 Park/Open Space Grass Seed Mix SF 28000
$0.08
$2,240.00
0
$0.00
L.2 2.2S" Caliper B&B trees installed with stakes EA 34
$1,199.00
$40,766.00
0
$0.00
L.3 Shrubs EA 180
$55.00
$9,900.00
0
Sam
LA Perrenials EA 412
$22.00
$9,064.00
0
$0.00
L.S Turf Sod SF 1302
$1.50
$1,9S3.00
0
$0.00
L.6 8' Evergreen Trees installed EA 19
$1,249.00
$23,731.00
0
$0.00
L.7 Automatic Irrigation System SF 38373
$1.65
$63,315AS
0
$0.00
L.9 Colored Edging LF 1635
$12.00
$19,620.00
0
$0.00
LAO Playground Chips CY 152
$30.00
$4,560.00
0
$0.00
L.11 Large Bark Mulch CY 104
$88.00
$9,152,00
0
$0.00
L.13 Weed Barrier Fabric SY 1250
$1.75
$2,187.50
0
$0.00
L.12 Picnic Tables EA 3
$3,300.00
$9,900.00
0
$0.00
L.13 Benches EA 6
$2,200.00
$13,200.00
0
$0.00
L.14 Playground Structure LS 1
$22,000.00
$22,000.00
0
$0.00
L.16 Balance Ream Play Structure EA 3
$725.00
$2,175.00
0
$0.00
LAS Scramble Boulder EA 4
$550.00
$2,200.00
0
$0.00
L.16 Playground Curb LF 297
$22.00
$6,534.00
0
$0.00
I Playground Fence LF 17S
$38.S0
$6,737.S0
0
$0.00
L.18 Playground Gate EA 2
$550.00
$1,100.00
0
$0.00
L.19 Concrete SF 17SO
$6.60
$11,748.00
0
$0.00
GENERAL, OPEN SPACE, AND POND AREA LANDSCAPE TOTAL
$262,083.45
$0.00
L.20 2.25" Caliper 3&B trees installed with stakes EA 55
$1,199.00
$65,945.00
0
$0.00
L.21 Irrigation and seed boulevard areas LOT 52
$1,000.00
$52,000.00
0
$0.00
STREET TREE AND BOULEVARD LANDSCAPE TOTAL
$117,945.00
$0.00
ASPEN CREEK WEST LANDSCAPING TOTAL
$380,028.45
$0.00
Remaining Civil Cost Estimate
CA Asphalt Removal SF 63140
$1.00
$63,140.00
0
$0.00
C.2 Asphalt Placement SY 7016
$29.00
$203,464.00
0
$0.00
C.3 Concrete Collar Removal (Damaged and Temp filled) LS 1
$4,800.00
$4,800.00
0
$0.00
CA Concrete Collar Replacement (raising/lowering iron included) LS 1
$10,000.00
$10,000.00
0
$0.00
C.5 Westland Drive Asphalt Removal SF 1400
$1.00
$1,400.00
0
$0.00
C.6 Westland Drive Asphalt Replacement SY 156
$29.00
$4,524.00
0
$0.00
C.7 Westland Drive Valve Box Replacment LS
$800.00
$800.00
0
$0.00
CIVIL ITEMS TOTAL
$288,128.00
$0.00
CIVIL ITEMS TOTAL
$289,128.00
$0.00
TOTAL PROJECT BUDGET (INCLUDES LANDSCAPING)
$669,156.45
$0.00
TOTAL ESTIMATED COST OF CONSTRUCTION
$668,156.45
i''
Approximate g4"oPto .
work as of f intla4 ay6p�ji.
#�1, �s,
AMOUNT COMPLETED PRIOR TO BONDING
AMOUNT OF REMAINING WORK PRIOR TO BONDING
56.45
$668,156.45
AMOUNT OF BOND (125%OF REMAINING WORK)
$835,195.56
AS PROJECT ENGINEER FOR ASPEN CREEK WEST- PHASE 1, 1 CERTIFY THAT THE WORK LISTED HEREIN IS
CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE
ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK.
THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE:
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE:
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
$0.00
$668,156.45
$835,195.56
• AAM� J.'.
RANKIN
•,r,�3 •,
BENJAMIN RANKIN, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: July 15, 2026