Draft Development AgreementE4 �te irford WATERFORD DEVELOPMENT & CONSTRUCTION CO.
The Pwfei-red Retit-oizew C6i�w111;zjtje,5
Post -It- brand fax transmittal memo 7671 1 #of pages 0,
Th
From
co.,,S,7-,.7
r
-o-
Dept.
lFax
Fax #
7G,5- _277/ I
#
DEVELOPMENT AGREEMENT
THIS AGREEMENT made as of the day of _, 1999, by Waterford on Summit
Ridge, LLC, an Oregon Corporation, of 5150 Griffith Drive, Beaverton, Oregon 97005, hereinafter
Waterford and the City of Kalispell, a municipal corporation, of 312 1" Avenue East, Kalispell, Montana
59901, hereinafter CITY.
WITNESSETH:
WHEREAS, Waterford is the contract purchaser and consensual developer with the current fee owner of
certain real property located in Kalispell, Flathead County, Montana, which is further described in Exhibit
A annexed hereto and is hereinafter referred to as "Subject Property" and
WHEREAS, (1) Waterford desires to have the Subject Property rezoned from SAG-] 0 to R-4 and RA- I
See attached Exhibit"B", Planned Unit Development (PUD), mapped with certain new streets, building
configurations and accesses from 4-Mile Drive, pursuant to said zoning change; (ii) Waterford has filed a
PUD and Annexation application which contain (a) Zone change application, (b) PUD narrative with
Exhibits, (c) A perimeter legal description, (d) Title Report, (e) land owner consent to plat and (f) Large
map exhibits.
WHEREAS. in order to allow the PUD and Annexation, assure the installation of the Infrastructure
improvements within the -Subject Property", and prescribe the permitted uses within the requested zoning
areas, the parties hereto determine it is to be in their interests to enter into this Development Agreement.
GENERAL INTRODUCTION
1.01 General
The use and development of the Subject Property shall substantially conform to and comply with the
provisions of the PUD application dated January 7, 1999 and the drawings annexed to this Development
Agreement
1.02 Relationship to Zoning Ordinances
Except as specifically modified or superseded by this Development Agreement and the annexed drawings,
and the PUD application. January 7, 1999, the laws, rules and regulation of the City of Kalispell governing
the use and development of land d and buildings. including the City of Kalispell Zoning Ordinance shall
apply to the Subject Property.
1.03 Drawings
The drawings annexed and the PUD application. dated January 7, 1999 is an integral and essential
component of this Development Agreement and they are incorporated by reference herein.
1.04 Effectiveness and Cancellation
The provisions of this Development Agreement shall become effective simultaneously with the approval of
the PUD Ordinance and Annexation request by the City Council of the City of Kalispell and shall terminate
upon issuance of a'building permit for the development of the last phase of construction on the Subject
Property. This Development Agreement may be modified or amended only as set forth in Article V hereof
�D- Waterford Construction - 2432 Kemp - P.O. Box 5065 - Nlissoula, MT 59806 - Phone(406) 721-2232 - Fax (406) 549-P264
1.05 Certification Procedure
Whenever in this Development Agreement a certification by the Director of Public Works is required to be
,(riven, such certification shall be given within thirty (3 )0) days of the receipt of a completed application
therefor. 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.
11. PARCEL DESCR.IPTION
2.01
The Subject Property, described in Exhibit "A", shall be developed with the infrastructure improvements as
described in 3. 10 and 3.02.
Ill. SITE CONDITIONS
3.01 Access
Primary access to the Subject Property shall be via 4- Mile Drive. Emergency access will be off Summit
Ridge Drive by means of a crash gate controlled roadway. See site plans submitted with Zoning
application dated January 7, 1999.
Waterford agrees tol� pay all the costs related to improving the westerly half of 4-mile Drive beginning at
the termination of recent City of Kalispell improvements to serve the new recreation area and ending 10
feet past the new main entrance to the Subject Property. This improvement shall be to bring the roadway
up to standards equal to the recently completed City of Kalispell improvement to 4-Mile drive from the
recreation area east to Highway 93.
Waterford agrees to pay all the costs to improve Summit Ridge Drive westwardly from its current terminus
to the intersection of the emergency access and private roadway described above. Existing barricades shall
be replaced at the new termination of Summit Ridge Drive.
Waterford agrees to install the above improvements during the construction of the first phase and prior to
receipt of Occupancy Permit from the City of Kalispell.
3.02 Sewer, Water and Storm Water
All sewer, water and storm water utilities servicin2 the Subject Property shall be engineered and
constructed in accordance with the City of Kalispell's Standards for Design and Construction and approved
by the Kalispell Public Works Department.
All utility infrastructure located inside the Subject Property will be the property of and maintenance
responsibility of Waterford.
Waterford agrees to pay for hydraulic modeling tests to determine the present capacity of the water system
serving the Subject Property. If sufficient service is available, then no further mitigation will be required of
the Subject Property. If however, additional off site improvements are required to adequately serve the tto--
:,,—
Subject Property, Waterford agrees to pay a prorated share of these upgrades based on equylly sharing the
cost between all upgraded properties.
No offsite sewer mitigation is known.
Waterford agrees to obtain necessary easements for the extension of water and sewer services to the
Subject Property.
3.03 Private internal roadway
Waterford agrees to maintain the internal street as private and gated to serve as emergency access only to
Summit Ridge Drive. Private usage of this roadway will be unrestricted in its access to 4-Mile Drive.
Waterford agrees to name the internal connector street, Waterford Drive and install signage in accordance
with City of Kalispell standards.
Waterford agrees to install trees spaced minimum of 50-foot interval along roadway. Trees to be minimum
of two-inch caliper
3.04 Landscape plan
Waterford agrees to submit a landscape plan providing for landscaping around the perimeter of the site, at
the entrance and throughout the parking lots. This plan will be submitted to the Flathead Regional
Development Office for review and approval prior to construction.
Waterford agrees that the use of retaining walls in excess of four feet shall be avoided, but rather the
implementation of landscape terracing be used to make the transition in areas requiring this type of work.
The main entrance is one area that might require taller retaining walls therefore Waterford agrees to use
decorative keystone retaining systems for this visually sensitive area.
Waterford agrees to improve the courtyard area shown on the site plan to provide amenities such as tables
walkways landscaping and trees.
3
.3.05 Lighting Plan
Waterford agrees to submit a lighting plan which utilizes parking lot fixtures which do not exceed 15 feet
in height and use shielded lenses which direct light downward and mitigate visual impacts to adjoining
neighborhoods. Low level pedestrian and landscape lighting sh" be approved. Up lighting for purposes of
illumination of the flags shall be approved. No other up lighting shall be approved which create intrusive
impacts in the area. Sensitivity to the type and level of lighting necessary to achieve security but not
exceeding what is appropriate for its purposes shall be used. A lighting plan shall be reviewed and
approved by Flathead Regional Development Office prior to construction.
3.06 Off Site Walkways
Waterford agrees to install a continuous pedestrian pathway from the Subject Property main entrance to the
City of Kalispell ballpark property immediately to the north. This walkway is to be coordinated with the
Kalispell Parks and Recreation Department
3.07 Fire Suppression and Access Plan
Waterford agrees to submit a fire site access plan to be reviewed and approved by the Kalispell Fire
Department prior to construction.
Waterford agrees to provide an engineered internal suppression system plan prior to construction of the
main building.
3
3.08 Sign
Waterford agrees that a sign plan shall be submitted to the Flathead Regional Development Office, which
C:
complies with the zoning regulation for the district in which it is located. The sign shall be externally lit:
made of natural colors and materials which utilizes an intearated architectural desi-n compatible with the
Z:I Z:I
facility.
3.09 Traffic Study
Waterford asserts that there will be no adverse impact to the City of Kalispell traffic system as a result of
traffic created by the Subject Property. Waterford was pleased that the Subject Property primary traffic
arterial to access to the public road system is controlled by an existing traffic signal device.
Waterford agrees that if at some future time the City of Kalispell determines that the Subject Property is
creating an adverse traffic situation, then Waterford will agree to pay a portion of the impact mitigation
cost as determined bv traffic counters being place at all roadways for one year then an apportioned amount
will be billed and paid by Waterford.
Waterford agrees to allow for the future change in routing of 4-Mile Drive to,access the proposed bypass
highway. This traffic will be prorated same as the traffic coming out of the Subject Property.
IV. AMENDMENT OR MODIFICATION FO DEVELOPMENT AGREEMENT
This Development agreement may be amended or modified only by application of the Waterford and in
accordance with rules and regulations governed by the Flathead Regional Development Office as they
pertain to a PUD.
V. CONSTRUCTION PHASING
6.01
Waterford agrees that all building permit application shall be governed by the rules and regulations set
forth by the City of Kalispell Building Department.
6.02
Waterford has declared the phasing will be in conformance with the estimated unit counts and service type
as shown on the zoning application dated January 7, 1999.
Waterford agrees to provide a Letter of Credit for the proposed infrastructure and improvements guarantees
for each phase' Waterford agrees to install and pay for all improvements shown on the plans submitted for
final approval prior to construction.
VI. MISCELANEOUS
7.01 Subdivision
Waterford agrees that all units within the facility shall not be deeded as real estate or as condominium units
without first obtaining subdivision approval from the Kalispell City Council.
7.02 Severability
In the event that any provision of this Development Agreement is deemed, decreed, adjudged or deten-nined
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 MI force and effect.
7.03 Entire Agreement
This Development Agreement constitutes the entire agreement between the parties and may only be
amended as set forth herein.
7.04 Binding Effect
This Development Agreement shall be binding upon and inure to the benefit of the respective parties' heirs,
successors and assigns.
Dated this day of , 1999
Waterford Development and Construction
By:
Its:
City of Kalispell
By:
Its:
STATE OF MONTANA
ss
County of Flathead
On this day of _, 1999, before me, the undersigned, a Notary Public for the State of
Montana, person�I—Iyappeared , of Waterford Development and
Construction. the party that executed the foregoing instrument, and the person who executed said
=1
instrument on behalf of said party, and acknowledged to me that such party executed the same.
In WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in
this certificate first above written.
STATE OF MONTANA )
ss
County of Flathead
Notary Public. State of Montana
Residing at
My Commission expires
ON this — day of 1999, before me. a Notary Public for the State of Montana,
personally appeared , of the City of Kalispell, a municipality
has executed the within instrument, and acknowledges that such —
Subscribed, sealed and delivered said instrument as the free and voluntary act of said municipality, for the
use and purpose therein set forth, and that he/ she was duly authorized to execute the same on behalf of said
municipality
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal, the day and
year first above written.
Notary Public, State of Montana
Residing at
My Commission expires