03. Public Hearing - Waterford Planned Unit DevelopmentAgenda - April 19, 19"
AGENDA ITEM 3 - PUBLIC BEARING
Waterford Planned Unit Development
MEMORANDUM
April 16, 1999
N
To: Al Thelen, Interim City Manager
i
From: Jim Hansz, Director of Public
Subject: Waterford Connection Fees
I have revised, again, my estimate of the Waterford connection fees that will be owed at
the time of construction. The amount showed in their proposed PUD agreement differs
substantially from the information we originally shared with their engineer. We indicated then
that each structure would be charged the connection fee in accordance with the schedule. There
are 27 cottage units and four main building water connections shown on this latest plan. The
engineer has proposed a single master meter for the development, and the draft agreement
reflects costs for a single meter point, and presumably, a single sewer connection point. In my
opinion, the draft PUD attempts to elude the City's fee schedule for service connections with this
arrangement. The result of this, if the City accepts the proposal, would be a significant loss of
connection fee revenue. This revenue is essential for the proper maintenance and improvement
of the utility City's facilities. The fee schedule outlined by staff is consistent with past practice
with other development. The following table outlines the situation and is based on the latest site
plan, dated April 14, 1999. From information given earlier by the engineer, I have assumed
connection sizes of 5/8 inch for each cottage unit, and 4 inch for the main buildings.
COMPARISON OF CONNECTION FEES
WATERFORD
CITY
DIFFERENCE
WATER
$25,313
$117,938
$92,625
SEWER
$54,736
$273,662
$218,926
The total difference between these two alternatives is a $311,551 reduction in the normal
development cost for the Waterford.
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 - FAX (406) 758-7758
MEMORANDUM
April 14,1999
To: Al Thelen, Interim City Manager
Glen Neier, City Attorney
From: Jim Hansz, Director of Public W ks
Subject: Waterford Site and Utility Plans Dated Ap 14,1999
Today the engineer for the Waterford delivered a revised set of plans for the site and the
utilities. An initial review of these plans shows there have been significant revisions of the
water, storm drainage, structures, and roadways from the plan submitted in January. We are not
able to perform a thorough review of these plans in time to have a complete analysis and
recommendations for the City Council meeting on April 19`h. Preliminary items noted:
Structures: The number of cottage units is the same at 27. This is comprised of 14
duplex units and one triplex unit. The main building complex is revised and will house 279.
Buildings have been located nearer to the boundary and this required relocation of some
roadway. The surrounding grounds have been revised and access is altered.
Parking: Changes include straight in parking on the loop road that would require backing
into the roadway. The number of spaces has not been compared.
Roadway: As noted, alignment has been revised to move some of the road nearer to the
property boundary. The extension of Summit Ridge is indicated as a 60 foot ROW dedication
4
Jgr the length of the property, roughly 200 feet.
Grading: No grading plan has been provided. There is an approximate sixty -foot
elevation change for the hilltop to the lower corner of the property. The submitted plan does not
indicate how this will be accomplished, where there will be filled or cut areas and how cuts/fills
will impact neighboring property.
Post Office Box 1997 - Kalispell, Montana 59903-1997
Telephone (406) 758-7700 - FAX (406) 758-7758
Storm Drainage: Facilities have been shown moved off the property to neighboring
property in the county. Discharge from the storm water ponds is indicated. City standards state
that post -development flow increases are to be retained. The City could consider allowing
discharge if adequate down stream mitigation is provided. The plans give no information to
assess the adequacy of the identified detention ponds to handle flow from the property. No down
stream facilities are identified. No easements for off -site facilities are referenced. No
coordination with the County or other affected parties is indicated. Sizes of piping have been
determined and locations of inlets are shown. Permits for any proposed storm water discharge to
the unnamed tributary of Spring Creek may be required from a variety of controlling agencies.
Water: The plan indicates the concept of a master meter located near the pressure booster
station. This has not been approved. The revised structure plan indicates an increase in the
number of actual connections to the buildings. The size of connections is not identified. The
increased number of connections could affect the previously estimated connection fee. The PUD
agreement should reference that fees will be based on the actual size and number of connections.
Pipe sizes have been identified on the plans. Other details have not been specified. The pipe
schematic appears to contain an error in drawing near the booster station. The utilities in the
extension of Summit Ridge Drive should be constructed to the west boundary. This is required
by City policy. This was missed on earlier reviews. Facilities off -site in Four Mile Drive are not
fully shown. Roadways are identified as "60 foot utility corridors." Portions of the water system
are not located in the road right of way utility corridor.
Sewer: Pipe sizes are not shown but the schematic shows the proposed plan for alignment
and connection to the existing sewer in Summit Ridge Drive.
MEMORANDUM
N
To: Al Thelen, Interim City Manager
Glen Neier, City Attorney
From: Jim Hansz, Director of Public or
Subject: Waterford of Flathead Valley PUD Agreement, second draft
I have reviewed the draft dated April 5, 1999, with respect to the issues discussed during
the meeting of March 5, 1999 and earlier meetings with Jay Billmeyer, engineer for the
applicant.
Generally, the draft agreement is fairly specific on issues where the applicant expects the
City to agree to specific items. The language regarding the obligations of Waterford remains
somewhat vague in many areas. Also, when pressed in prior meetings for information to better
specify and define Waterford's improvement obligations, the applicant's engineer has stressed
that the City's subdivision rules would not require this at this time and therefore it is
inappropriate to require it of Waterford fr this application. At some point Waterford should be
politely reminded that this is being reviewed as a PUD, and that subdivision rules would be
followed if the application were made under those rules. It also should be clear throughout the
agreement that all of Waterford's public improvements will be subject to City review and
approval and will be constructed in full conformance with City standards. My other comments,
by pertinent section, follow and are on my attached mark-up. Also attached are review
comments provided by Mike Baker.
3.01 Access: Plans presented at the meeting on March 29`h indicated that Waterford has
relocated the crash gate at Summit Ridge to a location on the proposed Waterford Drive, as
previously discussed. Summit Ridge Drive is listed to be improved by Waterford. Four Mile
Drive is also listed to be improved by Waterford, but to match the existing level of improvement.
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
This is contrary to discussions in which staff clearly indicated improvements would be required
to Kalispell Local Street standards in conformance with Planning Board recommendations. This
will include curb, gutter and sidewalk with a boulevard area behind the curb. Sidewalk
improvements could be limited to one side of the street, depending on the location of the
walkway identified in paragraph 3.06, subject to City Council concurrence. Additional notes are
made on the draft mark-up that is attached.
3.02 Sewer Water and Storm Water: See attached mark-up. Certain levels of
improvement have been identified and could be clearly specified in the agreement. Required
water line sizes have been identified through the Waterford modeling effort. A pressure booster
station is required to ensure adequate fire flows are available. Up -sizing the 8-inch connector in
Four Mile Drive to a 12-inch size is desirable and the City normally would fund this increased
size when it is done at City request. The length of this loop connector could be reasonably
estimated or shown on preliminary design plans.
Sewer improvements within the development must be designed to City and State
standards. Further specification of this is not necessary.
Storm water improvements are required by City policy to ensure that storm water flows
from the developed property do not exceed pre -development levels. Follow-up data thus far
presented does not identify the nature of these improvements, but does clearly indicate that
mitigating facilities will be different from those outlined in preliminary presentations and will be
located on neighboring property not owned by the applicant. The City may not authorize any
off -site improvement that involves private property owned by others. Mitigation improvements
must be better specified and any proposal for improvements off -site must be accompanied by
documentation satisfactory to the City that such improvements are acceptable to the owner of the
property where they would be located. This is somewhat different from discussions on March 5'
where staff was led to believe and drawings were clearly marked to show that the development
and eventual ownership of these properties would very likely be by Waterford. Implicit in the
Waterford request to retain a right to recover storm water facility costs is the probability that
Waterford will not be the owner / developer of these affected properties. Waterford proposes that
infrastructure located within the development remain as their property to be maintained by
Waterford. Storm water facilities, necessary to mitigate Waterford's storm water run-off, that are
located off -site must also remain as the ownership and maintenance responsibility of Waterford.
Documentation ensuring the satisfactory performance of this obligation should be developed and
submitted for approval by the City. Overall, the concept of private ownership of these facilities
is not objectionable. Several examples of this exist within the City, Buffalo Stage and Buffalo
Commons are two. However, all facilities must be installed, operated and maintained to City
standards.
Signage throughout the project should conform to current City standards.
3.04 Landscape PIan: Reviewed by Mike Baker, see attached.
3.05 Lighting Plan: See attached mark-up. Lighting should receive approval of the City
and a plan of lighting improvements should be submitted and approved before construction.
3.06 Off Site Walkways: Reviewed by Mike Baker. The proposed location of this
walkway should be subject to City review and approval. Coordination of this with sidewalks on
Four Mile Drive is necessary to determine the need for regular concrete sidewalks on both sides
of Four Mile Drive.
3.07 Fire Suppression and Access Plan: The City should review and approve the
engineered fire suppression plan prior to construction as well as the access plan.
3.08 Sign: The City should review and approve this and other signage plans.
3.09 Traffic Study: With the Waterford's tacit agreement to improve Four Mile Drive, the
need for a traffic impact study is reduced. However, some mechanism for determining potential
cost sharing of future traffic mitigation improvements may be necessary. Therefore, a future
traffic study to establish the impacts of Waterford and the City recreation area and any new
developments may be desirable. Please refer to the attached mark-up for changes of the present
language of the draft. I cannot suggest proposed language regarding future cost sharing.
The meaning of Waterford's reference to future changes to Four Mile Drive is unclear to
me.
7.01 Subdivision: From Section V of the draft forward, the paragraphs are numbered
incorrectly. Waterford has consistently stressed that subdivision of the property is not intended.
Their justification for a PUD was based on this premise so that they could avoid the requirements
of the City's subdivision regulations. Therefore, I believe this section should clearly rule out any
future subdivision of the property. Please refer to mark-up.
7.04 Impact Fees: This should be re -titled Utility Connection Fees. Waterford has
ignored clear and unambiguous information provided by staff regarding the City's requirements
with respect to utility connection fees. On March 5' the staff informed Mr. Billmeyer that City
connection fees would be assessed on the basis of the number and size of connections in
accordance with the present City fee schedule. These fees were estimated from plans dated 1-6-
99 that clearly showed individual connections for each structure. The fee estimate provided to
Mr. Billmeyer was $307,551.00, but he was advised that the actual fees would be based on the
sizes listed with building permit applications at the time permits are requested. The proposed
fees in this draft are for a single "master meter" installation concept that was proposed by Mr.
Billmeyer on the 5". At that time, Mr.Billmeyer was advised that the City might consider a
master meter but the utility connection fees would be based on the sizes of individual
connections as described. A master meter would be beneficial for determining the residential
versus irrigation water use. This could be significant for Waterford with respect to their monthly
sewer fees. Mr. Billmeyer indicated that the installation of individual meters would be
inconsistent with the "all private" concept for the utilities. We disagree. Further, the City has
concerns that failing to install all metering at the time of construction would present a major cost
problem if future ownership changes resulted in an individual metering requirement for the
various structures. The City should not pay these costs. Waterford's proposed language
regarding subdivision of the property clearly suggests that Waterford is considering this future
change. This underscores City concerns regarding subdivision and potential future cost to the
City or subsequent owners for metering installations that should have been performed at the time
of original construction. The City, as part of the connection fee, provides meters up to a 2-inch
size.
The language of any agreement should clearly specify connection fees as outlined. The
City's preference is to have meters installed at the time of original construction, regardless of the
agreement's language on whether the water facilities are public or private. The issue of master
metering should be regarded as a convenience issue for Waterford to simplify their billing and to
potentially reduce their monthly costs. Please refer to attached mark-up.
WATERFORD PLANNED UNIT DEVELOPMENT AGREEMENT
This Agreement made and entered into this day of April,
1999, by and between Waterford on Summit Ridge, L.L.C., an Oregon
Corporation of 5150 Griffith Drive, Beaverton, Oregon 97005,
hereinafter WATERFORD and the City of Kalispell, a municipal
corporation, of 312 18t Avenue East, Kalispell, Montana 59901,
hereinafter CITY: x
W I T N E S S T
-r
WHEREAS, Waterford is the contr<
developer with the cu$
real property locate
County, Montana, whit
Exhibit "A" attached he
hereof, and
WHEREAS,
(i) Waterford des
rezoned from SAG
Planned Unit DeyvE
streets, building
4-Mile Drivei''and
has filed 4 PUD Al
contains (a) Zor
Narrat:.ve
desc"ription,
consen to plan
t
(f)
t tee ownain
n ` Kalispell;'1Yahead
Y-further described in
acid thereby made a part
o have"the Subject Property
a=Residentia'1 (R-4 and RA-1)
-;�yiappdd with certain new
gurataons and accesses from
Ridge -`'Drive, (ii) Waterford
nrexation application which
arge application, (b) PUD
its (c) perimeter legal
e Report, (e) land owner
large map exhibit, and
�rde`r`rto allow the PUD and Annexation, assure
ih tal3ation of infrastructure improvements
they j ect Property", set for the bulk and
iona-1 requirements and prescribe the
t Pd uses within the requested zoning areas,
7pl;fties hereto determine it is to be in their
'interests to enter into this Planned Unit
lopment Agreement.
I. DEFINITIONS
Agreement shall mean the Waterford Planned Unit
Development Agreement between Waterford on Summit Ridge
L.L.C. and the City of Kalispell.
h:\att\wp\waterfordPUDAg - 1 -
1.02 Building Department shall mean the Building Department of
the City of Kalispell.
1.03 City shall mean the City of Kalispell, Montana.
1.04 City Council shall mean the City Council of the City of
Kalispell, Montana.
1.05 Director of Public Works shall mean, --'Director of
Public Works of the City of Ka_lspel�n ana.
1.06 Easement(s) means the Easement s) des777—
��b � f
this Agreement.
1.07 Master Site Plan means the site plan propose for the
development of the Subject P�opert, annexed hereto as
Exhibit B.
1.08 Project Site Plan means th{.site pn proposed for the
development of the S.bjProperty .annexed hereto as
Exhibit C.
1.09 Phase means a st ge of Aevelopmerit within a portion of
the Subject Property designated in the Master Site Plan.
1.10 Proposed BuA3: ings`, eans,the buildings shown on the
41 Master S 4;tpo`lan, e®ntempl ted to be built in phases.
ject Property means the real property described in
bit A anxed hereto and made a part hereof.
1.12s 'al C&ft shall mean that substantially all
fie !OOT"e performed in the development of Four
Mile summit Ridge Drive, Interior Road, Sewer and
Water, = Water, Site Grading, Fire Suppression, Off -
Site ay, Lighting, Signage and any other public
improments have been performed or are bonded for and
the same are, or will be, usable for their intended
Du— ses .
GENERAL DEVELOPMENT AND USE OF THE SUBJECT PROPERTY
2.01 (A) Subject to the other provisions of this Agreement,
any development within or use of the Subject
H:\att\wp\waterfordPUDAg - 2 -
Property occurring after the effective date of this
Agreement shall substantially conform and comply
with the provisions of the PUD Application of
January 7, 1999, and the documents and drawings
annexed to this Agreement.
(B) In no event shall there be developed on the Subject
Property more than 171,130 square,3..feetj6f building
foot print area consisting '!27 cottage
independent living units, 493 con negate units, 16
assisted living units, 2 special came units, ant
32 Alzheimer units.
(C) Waterford represents, tafW i s agreed between the
parties, that the development of the" Subject
Property shall be aceom�l�shed in Phases, as
follows :
(1) Phase I shall
housing a R"
45 motor„ .wen.
Third For o
(ii) 114'cottac
asist of A,' a' Main Building
tit�iGarageable of holding
sand a=`,First, Second and
zed kiyF congregate units and
ndepen`dent living units.
(2) Phase IT- ' shall" consist of (i) a
B�,ement/Gagepable of holding 20 motor
vehicles and First Second and Third Floor,
`attachedg;pA 0AB " Main Building, occupied by 32
_- congregate=units, 16 assisted living units, 12
,spe iacare units, and 16 Alzheimer units and
ottage independent living units.
Phasd'III shall consist of a Senior Health and
mess Center of at least 8800 square feet, a
_Irst, Second and Third Floor occupied by 32
'congregate units, 12 special care units and 16
Alzheimer units, attached to Main Building.
(4) On grade, uncovered parking, constructed in
association with the Phases shall consist of
76 parking stalls constructed with Phase I and
58 constructed with Phase II and 3 handicapped
van and 8 handicapped full sized parking
spaces.
H:\att\wp\waterfordPUDAg - 3 -
(D) Waterford represents, and it is agreed between the
parties, that the highest point of the roof or
parapet wall of the main building constructed on
the Subject Property, when measured from the
average level of the finished ground surface
surrounding the structure within a distance of
twenty feet (201), shall not exceed f4fty feet
(501), except that the two towers sl1-Wn on the
Master Site Plan may be fifty s feet (56') , as
measured herein.
2.02 Uses
The primary use of the Subj
residential facility.
(A) Waterford may, in acc
(1) - (5) , utilize a po
for the purposes 4f
facilities fore beb
pharmacy, and small
(B) Use of the.A.,properiy
shall be_A-1, ited�>to
feet tot or 01 us
2.03. Owner
ect .Property shallibe , a ..senior
:?rdan.ce with 2 7 .21. 0 3 0 (4) (a )
rtion of--,the=Subject Property
limited trade and service
xt shops . barber shops,
tai i s tyre . re°
as specified in (A) , supra,
a gross area of 7500 square
sq.
Watterford'` epresent97* and it is agreed between the
paies,tli the Subject Property and buildings r
con structe& thereon, shall at all times be the property
of �aTater�ford ad�.uthat the residents therein shall acquire
b� wirtLre of their tenancy no proprietary, real estate or
fee nter�t�, in the Subject Property or the buildings
constr' `thereon.
2.04 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this
I6 raement, including the Project Site Plan and Master
5`ite Plan, and the PUD Application of January 7, 1999,
to the extent it does not conflict with this Agreement,
the laws, rules, and regulations of the City of Kalispell
governing the use and development of land and buildings,
H:\att\wp\waterfordPUDAg - 4 -
including the City of Kalispell Zoning Ordinance, shall
apply to the Subject Property.
2.05 Drawings
The Project Site Plan and the Master Site Plan are an
integral and essential component of this Agreement and
are incorporated herein by reference.
2.06 Effectiveness and Cancellation-, _.
Fa
(A) The provisions of the Agreemenhall became
effective simultaneous with,r�bhe apRroval of the
PUD Ordinance by thbCitr` Council` and, shall
terminate upon the issuance of a building permits)
for development of the as �Phase on the Subject
Property, as set forti3 above, ,�,or July 1, 2005,
which ever occurs first. ThisAgr;eement may only be
modified or amended :;as set ``fort -.-,in Article V,
hereof.
(B) Notwithstanding the..'terms: of paragraph (A) , supra,
upon the texninatit of x,,,' 'Agreement, the terms
of this,,Oesidential PUP shall continue to be
effectiy.�e,'as tie regulations pertaining to the
Waterfo;3 Plannel UnitDevelopment .
-
7ertifiAakl Procedu"r'e
Whenever`i nd&6Athis Development Agreement a certificate
by tie Director of,.Public Works is required to be given,
� ertifie`-shall be given within thirty (30) days
Nap
ipt of a completed application therefor. Such
�cn shall be deemed completed upon receipt of
such d.; _ s and narrative information as are reasonably
necess for the issuance of such certificate.
III. SITE CONDITIONS
lopment
The Subject Property shall be developed with the
infrastructure improvements as described in this
Agreement.
H:\att\wp\waterfordPUDAg - 5 -
3.02 Access
(C) Primary access to the Subject Property shall be via
Four Mile Drive.
(1) Waterford represents, and it is agreed between
the parties, that said primary access.. may be
regulated through electronic or other means.
(2) Emergency fire, amb �ynce, g , e and public
e
vehicle access shall $_. gat all` -"_' availab�_e
through said primary access witl3outtik'tediment .
m,
01,
(D) Secondary access to the3 Subject Properfiy'�s a-i" be
via Summit Ridge Dr re and shall be'"�Iimited
through utilization o;, crash gate, the
installation of whichshah] e as directed by the
Director of Public Wor3ts.
3.03 Four Mile Drive and
(A) Waterford ac]eo
Subject Prope
W a t e r f o r exp
terminate oA of
sectio to
Waterfri_d' s Dr-1
is
Nledges 4ffiat tie development of the
rty�t includes development, at
else, of ---Four Mile Drive from the
t=die City.' s recently reconstructed
point'" ten feet (101) beyond
nary .entrance .
fB) Waterford acknowledges that the development of the
Subj�ddt irroperty includes development, at
Pam# , ;Waterfor ,_expense, of an extension of Summit
r2dge Drve�-from its termination to a point thirty
feet (30" beyond said extension's intersection
1t% private drive connecting the emergency
Brace with the primary entrance.
(C) dour Mile Drive shall be developed to standards
equal to the design and construction of the City's
1Standards for Design and Construction for local
zastreets.
(D) Summit Ridge extension shall be developed to the
design and construction standards of Summit Ridge,
including curb and gutter.
H:\att\wp\waterfordPUDAg - 6 -
(E) Prior to the Building Department issuing any permit
of any foundation or building permit on a Phase,
Waterford shall furnish security for the
development, in substantial conformity to and
compliance with the provisions of this Agreement,
of the improvements specified in this section. Such
security shall consist of, at the sole,:-ption of
Waterford, performance bond (s) iVued Rby' a surety
company licensed to do busi n Montana,
irrevocable letter(s) ofxedi ed by a bank
licensed to do business Mont such other
security as shall be r sonabl, c e to e
City. Such security 09hall b9-= for ; e .. of
and enforceable and 3e by the ting
through the City Manage, and shallein an
initial face amount egaZ to.,125% of the direct
estimated cost of the work s+ci_ ecured, as certified
by Waterford's licensed engineer and
the City' s Director` of Pali i Works . If such
security cons ist,#of letters) Qfacredit, the face
amount thereof_ts ally"°be rr�duce `by Waterford from
time to time.'n an .amounteual to three-quarters
of the cost ,4of the -Work cleted, as certified by
Waterford4�sx licensed professional engineer and
approved; # the�City' s��Director of Public Works.
Determil a.tion off * the ,mount of the reduction shall
r
be ma' dewidhi' 3;D days of receipt by the Public
Works Drectorf: said certification.
3.04 .trior
Iffitftnecting the primary access with the
y�access, as shown on the Master Site Plan,
designed and constructed to City Standards
gn and Construction for local streets with
of twenty eight feet (281).
(B) ether roads within the Subject Property, except
v utility access roads, for the use of residents
t: shall be as shown on the Master Site Plan and
shall be designed and constructed to City Standards
for Design and Construction for local streets with
a width of twenty four feet (241).
H:\att\wp\waterfordPUDAg - % -
(C) All new roads constructed on the Subject Property
shall be named and signed in accordance with the
City Standards for Design and Construction.
3.05 Sewer and Water
(A) Sanitary sewer service to the Subject�;Property
shall be accomplished via the existing &Welve inch
(1211) main existing in Summit Rd�gDrive. Said
sanitary sewer service shall be-s-tubbed out at the
boundary of the Project property.._ _W,
k
(B) Water service to the �Proj ee.t Propel shalbe
looped by extension of the existing eig��(8" )
line currently existing ,` =Four Mile Drive and the
currently existing twelve inch- (12") line in Summit
Ridge Drive. City agreiirs 'tom' pay for the up -sizing
of new line in Four"Mile zDrive.to the Project
Property to twelve .nches (_I-Q_ ' part of the
m
project. , -
(C) All sanitaryp sewer "and, _..w_.ater utilities shall be
designed an 'instaAed as `shown on the Project Site
Plan andAPO
:'accordance with the City of Kalispell's
Standardosf-or Dei§ign and Construction.
(D) All ,uf,�'1ity cture located within the
Sub j� ec
f�, Prope,t�� ��sha11 be the property and
mairiena�ce responsibility of Waterford.
E) Waterf trd&,•d§ Tees to obtain all necessary easements
F ;.
-:
for the tgp sion of water and sewer to the Subject
pansion of sanitary sewer system is
paced.
prior to the Building Department issuing any permit
of any foundation or building permit on a Phase,
Waterford shall furnish security for the
development, in substantial conformity to and
compliance with the provisions of this Agreement,
of the improvements specified in this section. Such
security shall consist of, at the sole option of
Waterford, performance bond(s) issued by a surety
H:\att\wp\waterfordPUDAg - 8 -
3.06 Storm
(A)
company licensed to do business in Montana,
irrevocable letters) of credit issued by a bank
licensed to do business in Montana, or such other
security as shall be reasonably acceptable to the
City. Such security shall be for the benefit of
and enforceable and collectible by the City, acting
through the City Manager, and shall ,be in an
initial face amount equal to 12 of,the direct
estimated cost of the work so secad� has certified
.r
by Waterford's licensed �ofess1�a, engineer and
the City's Director o public forks. If such
security consist of le er (s) of `ce, , the face
amount thereof rd shall reduced by tu`from
��
time to time in an amuot equal to th equarters
of the cost of the word completed, as certified by
Waterford's licensed pt--62ssional engineer and
approved by the City' s-D iddt v of Public Works.
Determination of the a nount,�` ti reduction shall
be made within 30 days of re�ce3p by the Public
Works Director o_ said certificaon.
Water
Al= ..
Waterford <ac'knowledges that the development of the
Subject Property intcludes development, at
Waterford's expense, pt storm drainage facilities
for 4 d- posal �,dff �sfte. It is acknowledged by
Waterford that 2torm drainage plan must be
des%gneid _ and built prior to the erection of any
buifci'ngs on the Project Property.
furdii-g-xan�ce of that set forth in ¶ (A), supra,
a; ord agrees to locate any discharge facilities
easements obtained from land owners affected
b ilities. Said easements, for the
c ruction and maintenance of said drainage
cilities, shall be obtained prior to issuance of
any foundation or building permit on any Phase on
the Project Property.
'(C) Waterford agrees to obtain from appropriate State,
Federal and local agencies all necessary permits,
including review under the City's Standards for
Design and Construction, authorizing the
construction and maintenance of said storm drainage
H:\att\wp\waterfordPUDAg - 9
facilities, likewise to be obtained prior to the
issuance of any foundation or building permit on
the Project Property.
(D) Prior to the Building Department issuing any permit
of any foundation or building permit on a Phase,
Waterford shall furnish security for the
development, in substantial comfoto and
compliance with the provisions th `Agreement,
of the improvements specified in section. Such
security shall consist ;of, at t`h-e so3e. option of
Waterford, performance bond (s) issue,d ' a surety
company licensed to do bull! ess i a�
irrevocable letters) f crefit issue a bank
licensed to do business-1-4- ontana, or sioh other
security as shall be reasonably acceptable to the
City. Such security,,for the benefit of
and enforceable and c(Alecti ale aythe City, acting
through the City Plana er, an s3 11 be in an
g Y g � , u.�
initial face am? unt� real to"25s of the direct
estimated cost ,o thevorlc_ so secured, as certified
by Waterford!_4" licen'�ed professional engineer and
the City' s Airec or o�Ablic Works. If such
�,Z
security consistf letr(s) of credit, the face
amount thereof s all bel'reduced by Waterford from
time to£ time in .an amount equal to three-quarters
of tyhe cost of e�or'k completed, as certified by
Waterf`ozdI s l cens°ed professional engineer and
:. apptovedby the City's Director of Public Works.
Dete m1hotron of the amount of the reduction shall
r be madeV*VfMn 30 days of receipt by the Public
3a6rks Di e&tbr of said certification.
7 Site
(A) S fed.-. Grading of the Subject Property shall be
ll
Object to the City`s Emission Control Plan.
.Prior to commencement of site grading Waterford
agrees to obtain an Air Quality Construction and
Demolition Permit from the Director of Public
Works, and to comply with the terms and conditions
of said Permit during construction.
(C) A site grading plan shall be submitted to the
Director of Public Works for review and approval
prior to commencement of any grading work.
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3.08 Fire Suppression
Prior to the Building Department issuing any permit of
any foundation or building permit on a Phase, the Fire
Chief must certify that Waterford has supplied a fire
site access plan for the Subject Property and an
engineered internal fire suppression syp tem for the Main
Building, and any additions to thy'ii Building,
acceptable to the Fire Chief.,., .
3.09 Landscaping and Park
(A) Street trees shall be; qed within th A escaped
boulevard for the street "connecting th"rimary
access with the secondary acgss and be spaced at
50 foot intervals ands-sh�� l _ a minimum of two
inch caliper at planting.
(B) The Director of ?4rk6f and._ Recreation shall approve
a landscaping plan fzcx� tex7 perimeter of the site,
the entrance (s ) an {the gar�ss�,g lot areas prior to
issuance ofA Building Permit.
(C) The area -designated as Park on the Master Site Plan
shall be'devel ped with amenities such as tables,
walks, landscaping -and trees.
Er v
_D) Retaining, walls
'n excess of four feet tall shall
r be ay.�colde except in the area of the Primary
` Access, 'ere a decorative keystone retaining
stem ma*. s e used.
0 Of f - s i alkway
A side : l"or pedestrian path shall be constructed which
provi -s a continuous walkway from the facility to the
ball ark to the North and that contains a location for
a-ossing connecting with the City's pedestrian path
._: acent to the baseball park.
11 Lighting
Waterford shall submit a lighting plan which utilizes
parking lot lighting fixtures which do not exceed 15 feet
in height and which use shielded lenses which are not
visible from beyond property boundaries. No up lighting
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shall be allowed on the buildings; however, up lighting
may be utilized to light a flag pole. A lighting plan
shall be reviewed and approved by the Director of Public
Works.
3.12 Signage
Waterford agrees to submit a sign plan .to ty `V alispell
Zoning Administrator which complies wa.th to Kalispell
Zoning Ordinance. The sign sha3.bexternaly lit, made
of natural colors and materials=and uti'ze an integrated
architectural design compati�e with,
IV. CONNLCTI
4.01 (A) Fees for connection to C yniater and Sewer Utility
service shall be paid r`acstructure connected
thereto. The connection paid shall be
based on the acta1, size°of''=water service
connection(s) to> the ,tructur�e and shall be in
conformance with' the' Cit: connection fee schedule
in place at the time,thelconnection application is
made. x
(B) Waterfogd� �i-agrees to .pay the connection fees
associaoed with.�the amain Building, Phase II, or
1 � :t,
Phase SI adc � tI.ons� at the time of obtaining the
Bu!Lff rig Permit fog each.
(�C,} Cott*geftnnection fees shall be paid at the time
of Bulld A_ ;Permit issuance for each duplex or
MR p � Alex, a. ~the case may be.
V. AMENDMENT OR MODIFICATIONS OF AGREEMENT
5.01 This J�'
,ropment Agreement may be amended or modified
KV
only application of Waterford, in accordance with the
procedures set forth herein.
Applications for amendment or modification may be
made to the City of Kalispell Site Review
Committee.
(1) Modifications of this Agreement which are
deemed by said Site Review Committee to be
minor modifications shall require only the
consent of the Site Review Committee, and
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shall not require the consent of the City
Council or any other public agency.
(2) All amendments and modifications of this
Agreement other than minor modifications shall
require the approval of the City Council.
(3) All applications for modifi "dons or
�
amendments of the Agreeme y 1 be filed
with the Site Review-..tComm,1 and the Site
Review Committee sha"1 proip within 10
days, determine wh ther tY mo rations e
major or minor.
(4) The Site Review Committee shall make its
determinations with respect to any application
for minor modifca�to:gsubject to this
Section within 15 days after=i:t determines the
application subjot %t'o said minor
modification�'_
(5) If the aziendmerit ox modfcation requested is
of such:. -'a nature as -4-; quire approval of the
City C6uncii»,; the Site Review Committee shall
refer the attero the City Council within
fieen 1) da�yhs' after it determines the
,matter terecruVre Council review.
(6�= 'TaGerford may appeal the decision of the Site
eRe e Committee to the City Council, who may
aM -reverse or modify the Site Review
Co�r =ee decision.
CONSTRUCTION PHASING
6.01 GeneraJRequirements
(A) o building permit in respect to the construction
in any Phase shall be issued by the Building
Department until:
(1) The Zoning Administrator has certified to the
Building Department that the proposed
building(s) substantially conform to the
Master Site Plan and §2.01, 2.02 and 2.04 of
this Agreement.
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(2) The Director of Public Works has certified to
the Building Department that the infra-
structure improvements and roads referenced in
this Agreement and/or shown on the Project
Site Plan have been constructed or security
guaranteeing the construction has been
received by the City.
(3) For purposes of this Secti � "Security"
required shall be im an a qual to 125%
of the Waterfod's° license engineer' w
estimate of the
ost ofing d
improvements.Aim,a�' }
VII. MIS
7.01 Severability
In the event that any prou�sions of'thio;Agreement shall
be deemed, decreed, adjudged or determined to be invalid
or unlawful by a court of competent -jurisdiction, such
provision shall be severasbremainder of this
Agreement shall Font inueo bd :cuff ul l force and effect.
7.02 Recordation
This Agreement sha31 be recorded in the Office of the
Flathead .County Cler� Recorder.
7 0nre Primacy
xeemeffl�istitutes the entire agreement between
t�ts and may only be amended as set forth herein.
In th vend -during the term of this Agreement, there is
a var iee between the provisions of this Agreement and
el
any dr_vairg or document submitted prior to execution of
this reement, this Agreement shall take precedence.
.04 BinIT ng Effect
this Agreement shall be binding upon and inure to the
benefit of the respective parties, heirs, successors and
assigns.
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Dated this
day of April, 1999.
WATERFORD ON SUMMIT RIDGE, L.L.C.
By:
Its
CII
By:
Its
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