SIA Phase 2THIS AGREEMENT, made and entered into this 9 P—f) day of
2004, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the
First Part and hereinafter referred to as the CITY, and
OWL Corporation
(Name of Developer)
a Corporation
(Individual, Company or Corporation)
located at 500 Palmer Drive Kalispell Montana 59901
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
THAT WHEREAS, the Developer is the owner and developer of a new subdivision
known as Sunnyside Subdivision Phase 2
(Name of Subdivision)
located at Ashley Drive
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Sunnyside Subdivision, Phase 2 upon the conditions as set forth in the Preliminary Plat of the
(Name of Subdivision)
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 13";
and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 120,336
NOW THEREFORE, in consideration of the approval of the final plat of said
Subdivision by the City, the Developer hereby agrees as follows:
1. 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 $ 150,420 . 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 $ 150,420 the estimated cost of
completing the required improvements in Sunnyside Subdivision, Phase 2
(Name of Subdivision)
b. That if the Developer fails to complete the specified improvements within the required
period, the creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limited of credit stated in the
letter;
2. That said required improvements shall be fully completed by July 31 , 2004
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 one (1) year 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.
OWL Corporation
(Name of Subdivision/Developer/Firm)
by Aj Secretary/Treasurer
IF Mark Owens (Title)
STATE OF MONTANA
COUNTY OF FLATHEAD
On this /L day of _ , 20 04 , before me, a Notary
Public for the State of Montana, personally appeared Aaek � >�
known to me to be the ,
of Pa /-a
whose name is subscribed to the egoing instrument and acknowledged to e that he/she
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and of 'm,)�otarial Seal this
da and year first above -written. C•
q�jT/t�`'>>,,
,Notary Public for the-S�ate of Montana -SEAL_
Residing al - i
My Commission Expires c 1
�'®
MX�OR, CITY OF KALISPELL ATTEST:
-�
MAYOR ,� y ,
This agreement specifically includes the following improvements, their projected construction completion
date and estimated construction costs.
ESTIMATED
CONSTRUCTION
COSTS
Street Grading/Paving $ 45,740
Sidewalks $ 51,490
Street Signs $ 1,276
Landscaping - Site Restoration $ 8,730
Trees - 68 @ $175 each $ 11,900
Engineering $ 1,200
SUBTOTAL $120,336
FEES
TOTALS COSTS $120,336
TOTAL COLLATERAL (TOTALS COSTS X 125%) $150,420
Estimated date of completion of July 31, 2004
1147,41,
RESOLUTION NO. 4742
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
SUNNYSIDE SUBDIVISION, MORE PARTICULARLY DESC1iIBED AS ASSESSOR'S
TRACT S IN SECTION 19, TOWNSHIP 2S NORTH, RANGE 21 `VEST, P.M.M.,
FLATITEAD COLNTY, MONTANA.
WHEREAS, Owl Corporation, the owner of 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 Conunission held a public hearing
.on September 10, 2002, on the proposal and reviewed Subdivision Report nKPP-
02-d issued by the Tii-City Planning Office, and
WHEREAS, at the Kalispell City Planning Board and Zoning Commission meeting, a motion
to approve the Preliminary Plat of Sunnyside Subdivision failed on a 3-3 tie vote,
and
wI3FREAS, the City Council of the City of Kalispell at its regular Council Meeting of October
7, 2002, reviewed the Tri-City Planning Office Report 'K.PP-02-6, reviewed the
recoirunendations 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
K.ALISPELL, MONTANA AS FOLLOWS:
SFCTION I. That the Findings of Fact contained in Tri-City Planning Office
Report ##KPP-02-6 are hereby adopted as the Findings of Fact of the
City Council.
SECTION II. That the application of Owl Corporation for approval of the
Preliminary Plat of Sunnyside Subdivision, Kalispell, Flathead
County, Montana is hereby approved subject to the following
conditions:
1. Development of the subdivision shall be platted in substantial compliance with the
approved preliminary plat whicl3 governs the location of lots and roadways within the
subdivision.
2. That the roadways serving the subdivision shall be constructed in accordance with the
adopted Design and Construction Standards for the City of Kalispell for local roads and
include the pavement, curbs, gutters, storm drainage, sidewalks and a minimum five foot
landscape boulevard with street trees placed in accordance with a plan approved by the
parks and recreation director. A letter from an engineer licensed in the State of Montana
certifying that the improvements have been installed according to the required
specifications shall be submitted at the time of final plat approval along with a letter from
the Kalispell Public Works Department stating that the required improvements have been
inspected and comply with the City standards.
3. That a letter be obtained from the Kalispell public Works Department approving the water,
sewer and drainage facilities for the subdivision.
4. A storm water drainage plats which has been designed by an engineer licensed in the State
of Montana shall be prepared which complies with the City's Design and Construction
Standards and shall be reviewed and approved by the Kalispell Public Works Department.
5. That the developer obtain a.letter from the Flathead County Road Department approving
the intersection of the internal subdivision roads and Sutulyview Drive certifying that an
necessary improvements have been completed.
6. The roads within the subdivision shall be named and signed in accordance with the policies
of the Kalispell Public Works Department and the Unifortn Traffic Control Devices
Manual and be subject to review and approval of the Kalispell Fire Department.
The developer shall provide a letter from the U.S. Postal Service approvinc the plan for
mail service.
Street lighting shall be located within the subdivision and shall be shielded so that it does
not intrude unnecessarily onto adjoining properties.
9. That the parkland dedication requirements shall be met by paying cash -in -lieu of parkland
dedication in the amount of one ninth of the area devoted to Iots or approximately 0.82
acres, based on a value of $10,000 per acre in the amount of $8,197.
10. All utilities shall be installed underground.
11. That the fire access and suppression systetn comply with the Uniform Fire Code and a
letter from the Kalispell Fire Department approving the access and number and placement
of fire hydrants within the subdivision as well as fire flows and access shall be submitted
with the final plat. The fire access and suppression system shall be installed and approved
by the fire department prior to final plat approval.
12. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
13. All areas disturbed during development of the subdivision shall be re -vegetated with a
weed -free mix immediately after development.
14. A traffic study be prepared at the developer's expense assessing the impacted area to
identify current conditions, the impacts of the proposed development on the roadways
in the area and to identify mitigation. ;Mitigation shall be coordinated with Kalispell
Public Works with such costs borne by the developer.
15. That preliminary approval shall be valid for a period of three years from the date of
approval.
SECTION III. 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 KALISPEL,L, THIS 7TH DAY OF OCTOBER, 2002,
Pamela B. KenmdyL
Mayor
ATTEST:
Theresa White
City Clerk