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Billmayer/Revised PUD AgreementMarch 29, 1999 Mr. Al Thelen, Acting City Manager City of Kalispell PO Box 1997 Kalispell, MT 59901 RE: Waterford of the Flathead Valley, Planned Unit Development Approval of the PUD Preliminary Plan Dear Mr. Thelen, On February 9, 1999, the Kalispell City/County Planning Board and Zoning Commission approved with conditions the Waterford of the Flathead Valley PUD Preliminary Plan. The conditions of that approval were transmitted to you on February 17,1999 by FRDO. The Kalispell Zoning Regulations (Chapter 27.21) allow for our project to proceed after the City Council grants approval of the PUD Preliminary Plan. That approval, of course, will have conditions that are guaranteed by the developer under the context of a PUD Developer's Agreement with the City of Kalispell. As you are aware, we have been attempting since March 1, 1999 to work out the details of the agreement with the City of Kalispell Staff. As the starting template for the agreement, we have used a PUD Agreement previously executed by the City of Kalispell for a similar Project. The initial draft of that agreement was given to you at the City Council meeting on March 1, 1999. In addition, we have incorporated comments received during a meeting with Jim Hansz and Dick Amerman on March 5, 1999. Additionally, as you know, we attempted to further refine that agreement today. Please find enclosed a copy of our revised Developer's PUD Agreement. Should you require additional refinement, please transmit any review comments you or your staff may have. We request this issue be placed before the City Council at the regularly scheduled meeting to be held April 5, 1999. Time is of the essence, as according to our calculation the 60 day suspense period allowed for Council action will expire before the next regularly scheduled Council meeting ((please refer to Kalispell's Ordinance 27.21.020(4) ) . 2191 Third Avenue East - Kalispell, Montana 59901 - (406) 257-8708 - FAX (406) 257-8710 Page 2 Mr. A[ Thelen, Acting City Manager March 29, 1999 We remain available to provide any additional information you feel is required or may assist the Council in acting on this request. Please make your request timely since we have less than a week. Sincerely, BILLMAYER ENGINEERING 61. Ja7yBU121mayer, P.E. JJB/lat Enclosure: Copy of revised Developer's PUD Agreement CC: William Boharski, Mayor Mark Fisher