Resolution 5486 - Amended Developer Extension Agreement - Owl CorporationA RESOLUTION AUTHORIZING THE CITY MANAGER OF THE CITY OF KALISPELL TO
ENTER INTO AN AMENDMENT OF THE DEVELOPER AGREEMENT EXECUTED WITH
OWL CORPORATION ON AUGUST 10, 2005 TO EXTEND THE TERM OF THE
AGREEMENT TO THIRTY (30) YEARS.
WHEREAS, in 2005 the Owl Corporation extended the Kalispell City water and sewage conveyance
systems through Section 36, in the City of Kalispell, from the old DNRC campus to West
View Estates Subdivision abutting the northwest corner of Section 36; and
WHEREAS, the City of Kalispell required the water and sewage conveyance extension to be oversized
beyond the needs of the West View Estates subdivision so that anticipated future growth
in the area of Section 35 and Section 36 could be served by these new extensions; and
WHEREAS, in 2005 Owl Corporation and the City of Kalispell entered into a developer's agreement
with a term of 17 years so that landowners connecting to the new extensions would pay a
latecomer fee to Owl Corporation representing their pro rata share of the cost of
oversized portion of these lines; and
WHEREAS, on February 7, 2011 the City Council approved an agreement with Owl Corporation in
which the City agreed to extend the term of the developer's agreement with Owl
Corporation to thirty (30) years; and
WHEREAS, the City of Kalispell recently amended two other developer agreements with latecomer
terms to extend to thirty years with the purpose of recognizing the reality that the
capacity of the utility lines may not be fully demanded before that time; and
WHEREAS, a significant portion of the master plan for development of Section 36 as well as the
Starling Subdivision planned for Section 35, also annexed into the city, remain to be
developed and will be served by this water main extension; and
WHEREAS, the Kalispell City Council therefore finds that it is appropriate and in the best interests of
the City that the developer's agreement with Owl Corporation executed on August 10,
2005 be extended to a total term of thirty (30) years.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL
AS FOLLOWS:
SECTION I. That the City Manager is hereby authorized to execute an agreement with Owl
Corporation extending the term of the developer's agreement executed between
the parties on August 10, 2005 to thirty (30) years.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 7TH DAY OF MARCH, 2011.
Tammi Fisher
ATTEST: Mayor
Theresa White
City Clerk