Planned Unit Development AgreementI
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PLANNED UNIT DEVELOPMENT AGREEMENT
THIS AGREEMENT, made as of th(&,_n day of December, 2004, by Bridgeland
® Development, L.L.P., a Montana Limited Liability Partnership, of 622 St Andrews Drive
Columbia Falls, MT 59912, hereinafter BRIDGELAND DEVELOPMENT, LLP, and the City
�a of Kalispell, a municipal corporation, of 312 lst Avenue East, Kalispell, Montana 59901,
hereinafter CITY;
WITNESSETH
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�n WHEREAS, BRIDGELAND DEVELOPMENT, LLP is the fee owner of certain real property
located in Kalispell, Flathead County, Montana, which is further described as a
®V) 30.39 acre portion of assessor's tract 1CA located in Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana and is hereinafter
referred to as "Subject Property"; and
WHEREAS, BRIDGELAND DEVELOPMENT, LLP applied to have the Subject Property
®� rezoned to a City R-3 (Urban Single -Family Residential) with a Planned Unit
p o Development overlay (PUD), developed pursuant to said zoning change; and �
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cn O WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements
® ®� within the Subject Property and prescribe the permitted uses within the PUD, the
�o parties hereto determine it to be in their interests to enter into this Development
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Agreement.
®r, m I. GENERAL INTRODUCTION
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O § 1.01 General
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The use and development of the Subject Property shall substantially conform to and comply with
®. the provisions of the PUD Application, dated February 2, 2004, the drawings annexed to this
Planned Unit Development Agreement, and the conditions contained within Kalispell City
r1) 1�
o Resolution No. 4872 conditionally approving the preliminary plat of the Northland Subdivision
Q) and PUD and incorporated fully herein by this reference.
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® § 1.02 Relationship to Zoning Ordinance
�. Except as specifically modified or superseded by this Development Agreement and the annexed
® drawings, and the PUD Application, dated February 2, 2004, the laws, rules and regulations of
°4 'd) the City of Kalispell governing the use and development of land and buildings, including the
®� ® Citv of Kalispell Zoning Ordinance, shall apply to the Subject Property.
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® PLANNED UNIT DEVELOPER'S AGREEMENT/NORTHLAND PUD
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§ 1.03 Drawings
The drawings annexed and the PUD Application, dated February 2, 2004, to this Planned Unit
Development Agreement, and the Northland Subdivision Preliminary Plat Application
conditionally approved by Kalispell City Resolution 4872 are an integral and essential
component thereof, and they are incorporated by reference herein.
§ 1.04 Effectiveness and Cancellation
The provisions of this Planned Development Agreement shall become effective immediately and
shall terminate upon the issuance of the last building permit(s) for the development on the
Subject Property. This Development Agreement may be modified or amended only as set forth
in Article V hereof.
§ 1.05 Certification Procedure
Whenever in this Planned Unit Development Agreement a certificate by the Director of Public
Works is required to be given, such certificate 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.
§ 2.01 The Subject Property, described more fully in Exhibit "A", attached hereto and fully
incorporated herein by this reference, shall be developed with the infrastructure improvements
described in § 3.01 and 3.02.
III. SITE CONDITIONS
§ 3.01 Access and Public Infrastructure
1. All accesses to the Subject Property shall be engineered and constructed in accordance
with City of Kalispell's Standards for Design and Construction.
2. The plans and specifications for all public infrastructures shall be designed and installed
in accordance with the Kalispell Design and Construction Standards and a letter shall be
obtained stating that they have been reviewed and approved by the Kalispell Public
Works Department.
All sewer and water utilities servicing the Subject Property shall be engineered and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction.
PLANNED UNIT DEVELOPER'S AGREEMENT/NORTHLAND PUD
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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 Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations
approved by the Fire Department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with Uniform Fire
Code (1997) Article 9.
§ 3.02 Storm Sewer and Roadways.
1. All storm sewer utilities servicing the subject property shall be in accordance with the
Northland Subdivision Preliminary Plat Application and conditional approval of Kalispell
City Council, and engineered and constructed in accordance with the City of Kalispell's
Standards for Design and Construction.
2. All roadways shall be in accordance with the Northland Subdivision Preliminary Plat
Application and conditional approval of Kalispell City Council, and engineered and
constructed in accordance with the City of Kalispell's Standards for Design and
Construction.
§ 3.03 Other Conditions
1. The development of lots in future phases of the PUD which deviate from the R-3 zoning
with regard to minimum lot size requirements, setback, housing type or other features
shall be subject to architectural review and approval by the Kalispell City Council.
2. The plans and specifications for all public infrastructure shall be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be
obtained stating that they have been reviewed and approved by the Kalispell Public
Works Department.
3. Regarding proposed street names; Ashley Drive exists in the south area of town. An
alternate street name shall be provided.
4. Future development area "A" may require a secondary emergency vehicle access point to
meet the requirements of the Subdivision Regulations (Section 3.08) and emergency
vehicle access needs.
5. Hazardous weed abatement shall be provided in accordance with City of Kalispell
Ordinance 10-8.
6. 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 five foot
landscape boulevard developed between the curb and the sidewalk.
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7. The area designated on the plan as "park" shall be developed in accordance with a plan
approved by the Kalispell Parks and Recreation Director that provides recreational
amenities including but not limited to irrigation, landscaping and play equipment so as to
provide a recreational component within the development and not simply left as passive
open space. The park development may be used as all or in part as satisfying the one -
ninth parkland dedication requirements for the entire development depending on the
ultimate total area in lots and the investment made in park improvements.
8. Right-of-ways within the development shall be created that will allow for the extension
of the proposed roadways so that they will provide future access to adjoining properties
to the west, north and south.
9. A traffic analysis shall be performed under the Montana Department of Transportation
systems impact process that assesses this development's impacts to the transportation
systems in the immediate area. This will be a single comprehensive study covering the
multiple jurisdictions of the City, County and State road systems and will identify needed
improvements to roadways impacted by this development.
10. The roads within the subdivision 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.
11. The developer shall provide a letter from the U.S. Postal Service approving the plan for
mail service.
12. Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adjoining properties.
13. All utilities shall be installed underground.
14. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
15. All areas disturbed during development of the subdivision shall be re -vegetated with a
weed -free mix immediately after development.
16. That preliminary plat approval for the first phase of the planned unit development shall
be valid for a period of three years from the date of approval with an automatic three-year
extension as each phase of the subdivision plat has been completed and filed.
17. The plans and specifications for a storm water system shall be reviewed and approved by
the Kalispell Public Works Department.
PLANNED UNIT DEVELOPER'S AGREEMENT/NORTHLAND PUD
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H a ' WIN RE RAW N4 0 10 1 UV NO 112 1� �
This Development Agreement may be amended or modified only, by application of the
owner, 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, by any fee owner within the Subject Property.
A) 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.
B) 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. A) 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.
B) 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.
C) 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.
D) The owner may appeal any decision of the Site Review Committee to the City
Council, who may affirm, reverse or modify the Site Review Committee decision.
V. MISCELLANEOUS
§8.01 Effective Date
This Agreement shall be effective immediately and shall remain in full force and effect
until all lots within the Subject Property are developed or April 19, 2013, whichever
occurs first.
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§8.02 Severability
In the event that any provisions of this Declaration 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.
§8.03 Recordation
This Agreement shall be recorded with the Clerk and Recorder for Flathead County,
Montana..
§ 8.04 Entire Agreement - Primacy
This Agreement constitutes the entire agreement between the parties and may only be
amended as set forth herein.
§8.05 Binding Effect
This Agreement shall be binding upon and inure to the benefit of the respective parties
heirs, successors and assigns.
Dated this oQ ad— day of December, 2004.
BRIDGELAND DEVELOPMENT, L.L.P.
BY:
a> a1ts, 4 w agi &gPartner
CITY OF KALISPELL
J s H. Patrick, ity Manager
PLANNED UNIT DEVELOPER'S AGREEMENT/NORTHLAND PUD
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STATE OF MONTANA )
):ss
County of Flathead )
On this 2, Lday of September, 2004, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared Marvin Galts, Managing Partner of Bridgeland
Development, LLP, that executed the foregoing instrument, and the person who executed said
instrument on behalf of said Limited Liability Partnership, and acknowledged to me that such
Limited Liability Partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in thiV Vp ®ficate first above written.
� --
.m TA '° Notary Public, State of Montana
a
Residing at vcv
My Commission ExpiresIle OF
STATE OF M6RTANA% )
):ss
County of Flathead )
On this 20cLA, 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.
ary Public, tate of Montana
Residing at
My Commission Expires���(
PLANNED UNIT DEVELOPER'S AGREEMENT/NORTHLAND PUD
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Exhibit A
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SIR III III III III
That portion of land in the Northwest Quarter of Section 1, Township 28 North, Range 22
West, Principal Meridian Montana, Flathead County, described as follows:
BEGINNING at the Center Quarter section corner of said Section 1, Township 28 North,
Range 22 West; thence along the southerly boundary of said Northwest Quarter the
following two courses: North 89° 22' 01" West 1316.61 feet and North 890 18' 39" West
1287.45 feet to the easterly right of way of Stillwater Road, a 60.00-foot county road as
described in Book 345, Page 247, records of Flathead County, Montana; thence along
said easterly right of way of said Stillwater Road, North 0° 38'33" East 92.22 feet to the
southwesterly corner of Tract 2 of Certificate of Survey Number 3 593 records of the
Flathead County, Montana; thence along the southerly and easterly boundaries of said
Tract 2 the following two courses: South 89' 49' 56" East 432.76 feet and North 0° 39'
26" East 878.57 feet to the northeasterly corner thereof and to the southerly boundary of
that parcel of land shown on Deed Exhibit Book 501, Page 162 records of Flathead
County, Montana; thence along the southerly and easterly boundaries of said parcel of
said Deed Exhibit Book 501, page 162, South 89' 49' 50" East 1143.61 feet and North 0°
38' 30" East 880.25 feet to the southwesterly corner of Tract 2 of Certificate of Survey
Number 13923 records of Flathead County, Montana; thence along the southerly and
easterly boundaries of said Tract 2 on said Certificate of Survey 13923 the following
three courses: South 89' 50' 13" East 833.17 feet and South 0° 49' 48" Nest 736.78 feet
and South 89' 50' 13" East 833.17 feet and South 0°49'48" West 736.78 feet and South
890 45' 35" East 20024 feet to the easterly boundary of said Northwest Quarter of
Section 1; thence along the easterly boundary of said Northwest Quarter, South 0"48' 55"
West 1136.5 feet to the Point of Beginning containing 67.49 acres of land, more or less,
as shown on this plat which is herewith incorporated in and made part of this legal
description.
SUBJECT to a Right of'vVay Easement as set forth in an instrument recorded July 31,
1987 in Reception Number 87-231-11450 records of Flathead County, Montana