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10. Final Plat Approval - Willows SubdivisionFlathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 April 28, 1999 Al Thelen, Interim City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for The Willows Unit No. 1 Subdivision Dear Al: Our office has received the application for final plat approval of the Willows Unit No. 1 Subdivision, a 36 lot residential subdivision on the east side of Willow Glen Drive. This is the first phase of the two phase 87 lot subdivision At the time this property was proposed for development it was in the County jurisdiction and was given preliminary plat approval, as was the past policy. Preliminary plat approval for this subdivision was granted by the commissioners on April 1, 1997 subject to 16 conditions. This property has been annexed into the city and now has a zoning of R- 3, single family residential. The following is a list of the conditions of approval and a discussion of how they have been met. COMI'LIANCE WITH CONDITIONS OF APPROVAL: Condition No. 1.That the development of the site will be in substantial conformance with the approved preliminary plat which shall govern the general location of the lots, easements and roadways. • This condition has been met. The final plat design complies with the preliminary plat approved. Condition No. 2.That the roadways within the subdivision shall be constructed in accordance with the adopted Standards for Design and Construction which includes the pavement, curbs, gutters, sidewalks and drainage system. A letter from the Kalispell Public Works Department shall be required stating that the improvements have been installed according to the required specification at the time of final plat approval. • This condition has been met. A letter from the Kalispell Public Works Department stating that the required improvements have been reviewed and approved for compliance with City standards has been received. Additionally, a letter from Schwarz Engineering certifying the improvements has been included with the final plat application. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Willows Unit No. 1 Subdivision April 28, 1999 Page 2 Condition No. 3. A note shall be placed on the final plat reserving ten feet along the western boundary of the property for future right-of-way acquisition for the expansion of Willow Glen Drive. This condition has been met. A note has been placed on the face of the final plat reserving 10 feet along Willow Glen Drive for future acquisition. Condition No. 4. That an approach permit for access onto Willow Glen Drive shall be obtained from the Flathead County Road Department. • This condition has been met. An approach permit from the County Road Department has been submitted with the final plat applicant and verbal verification from the road department has been given that the improvements to the approach are satisfactory. Condition No. 5. The name of the subdivision shall be changed so as not to conflict with other subdivisions in Flathead County named Willow Brook and shall be approved by the County Plat Room. • This condition has been met. The subdivision name has been changed from Willowbrook to the Willows so as not to conflict with other existing subdivisions in the county. Condition No. 6. The developer shall install a central mailbox location approved by the U.S. Postal Service and shall be indicated on the final plat. This condition has been met. A letter from the post office has been submitted with the final plat application and a common mail location has been indicated on the attached sketch. Condition No. 7. That a 20 foot wide buffer area comprised of coniferous trees shall be provided along the western property boundary and around the parcel containing the existing building located on the southwest corner of the subdivision to provide screening, buffering and dust abatement This condition has been adequately addressed. The developers have submitted a subdivision improvements agreement along with an engineer's estimate of the work and propose to post collateral for 125 percent of the incomplete landscaping costs along the western and southwest corner of the subdivision. Condition No. S. That sidewalks shall be constructed on both sides of the street and there be a minimum five foot boulevard space between the sidewalk and roadway that is planted with street trees at 50 foot intervals. Street lighting shall be located within the subdivision and shall be shielded so that does not intrude unnecessarily onto adjoining properties. • This condition has ,beenu, adequately addressed. The developers have submitted a- r subdivision improvements agreement ,along with an engineer's estimate for the costs Final Plat for Willows Unit No. I Subdivision April28, 1999 Page 3 of installing the sidewalks and propose to post collateral for the improvements. The street lights and street trees have been installed. Condition No. 9. That a cash -in -lieu of parkland fee in the amount of $15,610 may be accepted if the developer can provide an agreement with the neighboring school to access and utilize their playground equipment and open space. Access from the subdivision to the school shall be provided by way of a footbridge across the stormwater treatment swale. A pedestrian access easement shall be located on the plat and easements from the adjoining property owner(s) and school granting this use must be submitted with the final plat. If this is not viable, then a park shall be dedicated within the subdivision which is no smaller than 20,000 square feet and a cash -in -lieu of parkland in the amount of $12,738 shall be paid. • This condition has been met. The developers have an easement agreement from the school to the south that allows them to utilize the play field. A cash in lieu of parkland in the amount of $15,610 has been paid in full with the final plat application and will not have to be further addressed during the filing of Phase 11. Condition No. 10. All utilities shall be installed underground. • This condition has been met. All of the utilities have been installed underground and verified by an on -site inspection. Condition No. 11. A storm water drainage plan which incorporates the drainage easement along the south side of the property and the slough to the west shall be coordinated with the City of Kalispell and Flathead County and implemented accordingly. The stormwater drainage plan shall be approved by the Kalispell Public Works Department. • This condition has been met. The stormwater drainage improvements have been reviewed and approved by the Kalispell Public Works Department and the Montana Department of Environmental Quality. The stormwater drainage system within the subdivision, including the drainage swale running along the southern boundary of the subdivision shall be owned and maintained by the Willows Homeowners Association. Additionally, prior to the final platting of Phase II the outfall culvert from the drainage swale to the Stillwater River shall be upsized to the proper diameter. Condition No. 12. That all water and sewer service plans and specifications shall be reviewed and approved by the Department of Environmental Quality and the Kalispell Public Works Department. • This condition has been met. A letter from the Kalispell Public Works Department and DEQ approving the plans and specifications has been submitted with the final plat application. Final Plat for Willows Unit No. I Subdivision April28, 1999 Page 4 Condition No. 13. That a letter from the Kalispell fire chief approving the location and placement of the fire hydrants within the subdivision shall be submitted with the final plat. • This condition has been met. A letter from the Kalispell Fire Department approving the fire hydrants has been submitted with the final plat. Condition No. 14. That the final plat for Phase II shall be filed within two years of final plat approval for Phase I. • This condition is not applicable to this phase of the subdivision. Condition No. 15. That Phases I and II shall be annexed into the city prior to final plat approval. • This condition has been met The property containing both phases of the subdivision has been annexed into the city. Condition No. 16. That preliminary approval shall be valid for a period of three years from the date of approval. • This condition has been met. The final plat was filed prior to the expiration of the preliminary plat approval. COMPLIANCE WITH APPROVED PRELDMARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in substantial compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-3 Zoning designation. NDATION: All of the conditions of preliminary plat approval have been adequately addressed The Flathead Regional Development Office recommends that the Kalispell City Council approve the final plat for this subdivision. Please note that the subdivision improvements agreement should be accepted along with the final plat approval. Please schedule this matter for the regular City Council meeting of May 3, 1999. You may call me at (406)758-5980 if I can be of assistance to you regarding this matter. Final Plat for Willows Unit No. I Subdivision , pril28, 1999 Page 5 Sincerely, ,--&& Yk Narda Wilson, AICP Senior Planner NW/ Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 blueline of final plat Letter from Schwarz Engineering dated 4/ 19/99 Final plat application received 4/20/99 Letter from MDEQ dated l/ 12/98 Letter from MDEQ dated 1 / 15/98 Letter from MDEQ dated 9/ 18/98 Letter from Kalispell Public Works dated l l/ 17/97 Letter from Kalispell Public Works dated 8/26/98 *Letter from Kalispell Public Works dated 4 / 28 / 99 Letter from Fire Department (no date) County approach permit dated 5/5/97 Letter from USPS dated 11/ 12/98 *Easement agreement with school for park access Covenants for the Willows Subdivision Schwarz Eng. Certification on improvements 4/27/99 Schwarz Eng. certification and engineers estimate 4/ 19/99 Subdivision improvements agreement Letter of credit from Glacier Bank Title report from First American Title dated 4/ 14/99 Consent to plat from Glacier Bank and other parties with interest Treasurers Certification 4/20/99 Cash -in -lieu of parkland fee $15,610 Preliminary plat 11x17 c: Schwarz Eng., 4 Sunset Plaza, Suite 201, Kalispell, MT 59901 American Land and Dev., Box 417, Kalispell, MT 59901 Theresa White, Kalispell City Clerk H W A R Z arsmc GIt1EER111G April 19, 1999 Ms. Narda Wilson Flathead Regional Development Office 723 5m Avenue East Kalispell, MT 59901 Re: Final Plat for The Willows Subdivision - Phase I Dear Narda: #4 Strut PWA Slice 201 K spell. Wrr 59901 406.755.1333 • Fax 406.755.1310 AMICATION MATERIAL AN 2 Q 1999 X F. R D. o. American Land and Development, Inc., developers of The Willows Subdivision wish to file for Final Plat Approval at this time. Improvements have been completed as described in the following item by item breakdown of the sixteen (16) conditions listed in the Preliminary Plat Approval dated April 1, 1997. A _ Subdivision Improvement Agreement addressing the conditions which are not complete is also enclosed. 1. The site has been developed in substantial conformance with the approved Preliminary Plat. 2. The roadways have been constructed in accordance with the City of Kalispell adopted Standards for Design and Construction. A letter from the Kalispell Public Works Department stating compliance with the Standard is enclosed. 3. A note reserving ten feet along Willow Glen Drive has been added to the plat. 4. Approach permits for the two approaches onto Willow Glen Drive were approved and issued by the Flathead County Road Department. Copies of the permits are enclosed. 5. The subdivision name has been changed and approved. 6. A central mailbox location has been approved by the United States Postal Service and added to the Final Plat (letter enclosed). 7. The developer will bond for the coniferous tree buffer/screening. See Subdivision Improvements Agreement. 8. The sidewalks will be bonded for. See Subdivision Improvement Agreement. Street trees and street fighting have been installed. Ms. Narda Wilson 04019199 Final Plat for The Willows Subdivision - Phase I Page 2 of 2 9. An agreement with the Flathead Volley Christian School for use of their open space, along with the cash -in -lieu parkland fee of $1 S,610.00 is enclosed. 10. All utilities have been installed. underground. 11. A drainage plan approved by the Kalispell Public Works Department has been installed. (Approval letter enclosed) 12. Water and sewer plans and specifications were reviewed and approved by the Montano Department of Environmental Quality and the Kalispell Public Works Department. (Approval letter enclosed) 13. A letter from the assistant Fire Chief approving the placement and spacing of the fire hydrants within the subdivision is enclosed. 14. Phases I and II were annexed into the City in January 1999. The Subdivision Improvement Agreement lists the items which have not been completed, projected construction costs and completion dates. Also enclosed is a Title Report for Unit 1, a Consent to Plat, signed by all of the parties with an interest in the property, six copies of the Final Plat of Unit No. 1, a complete set of as-builts drawings and a final draft of the covenants. Please call me if you have any questions or require additional information. Sincerely, SCHWARZ ENGINEERING Robert W. Stauffer Enclosures Cc: American Land and Development, Inc. Project Fie C:\Schwarz &VW*e ft\Pmpct FftsWA\Wiows &AxMSicn\Narda Whom Aprl 14. 1999.Wc Flathead Regional Development Office 723 5th Ave. Last Room 414 Kalispell, UT 59901 Phone: 1406)758-5980 Fax: (406)758-5781 Subdivision Name: Contact Person: FINAL PLAT APPLICATION THE WILLOWS - UNIT NO. 1 Name., Schwarz Engineering Address:4 Sunset Plaza, Suite 201 Kalispell, MT 59901 Phone No.: 406/755-1333 NPw-:1 F. It D. 0. American Land i Development, Inc. P.O. Box 417 Kalispell, NT 59901 406/756-1998 - Date of Preliminary Plat Approval: April 1,1997 Type Subdivision: Residential X Industrial =- Commercial _ PUD _ Other _ No. of Lots Proposed: 36 Land in Lots: (ac.) 11.912 Park Land (ac.): 2.0 Cash -in -lieu: $ 15,610.00 Exempt: FILING FEE ATTACHED: $ 660.00 Note: Minor Subdivision - $200 +10/lot Major Subdivision - $300 + 10/lot Prel. Plat Waived - $400 + 10/lot Not Attached Applicable (MUST CINCH ONE) X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) — X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X_ Sub. Improvements Agreement (attach collateral) X Parkland Cash -in -Lieu (check attached) X Covenants (Original signature provided) X Homeowners By-Laws/Articles of Incorporation (Originals) X Plats: 1 opaque cloth back (hard back) 2 mylar copies 3 bluelines 1 I DEPART MENT OF ENVIRONMEN iAL QUALITY PERNHITNG AND COMPLIANCE DIVISION MMALF BUILDING MARC RACIcoT, GOVERNOR 1ST! M AVENUE c406-3M January 12, 1998 ro Box 2OMi FAX (400"4-M HELENA, MONTANA 59GO-MI BM=yer Engineering 2191 Third Ave E Kalispell MT 59901 RE: The Willows Subdivision; Water and Sewer Main Extensions and Storm Drainage; Kalispell; Flathead County; E.Q.#97-2782 Dear Mr. Billmayer: The above referenced plans and specifications have been reviewed by personnel of the Permitting and Compliance Division and were found to be satisfactory. Approval of the plans is given herewith. Enclosed is one set of plans and specifications bearing the approval stamp of the Department. Approval is based on plans submitted by Billmayer Engineering and approved by the Department on January 12, 1998. The water main extension consists of 4,692 lineal feet of 8-inch Class 150 PVC and 10 fire hydrants. The sewer main extension consists of 1,238 lineal feet of 10-inch-SDR 35 PVC, 2,858 lineal feet of 8-inch SDR 35 PVC, 1,450 lineal feet of 6-inch HDPE force main, and an above -ground Gorman Rupp lift station. The lift station was sized to accommodate The Willows Subdivision and surrounding development for a total daily flow of 50,203 gallons per day. The storm drainage system consists of gutters and culverts that convey all stormwater generated on -site to a wetlands treatment system. The wetlands treatment system discharges to the Stillwater River. This approval is given with the understanding that any _deviation from the approved plans will be submitted to the Department for reappraisal and approval. Within 90 days after the project has been completed, the project engineer shall certify to the Department that the project was inspected and found to be installed in accordance with the plans and specifications approved by the Department. This certification shall be accompanied by a set of 'as -built" drawings signed by the project engineer. "AIV EQUAL OPPOMAI/rY EMPLOYER' Page 2 of 2 January 12, 1998 RE: The Willows Subdivision; Water aM Sewer Main Extensions and Storm Drainage; Kalispell; Flathead County; E.Q.#97-2782 It is u,.a understood that constructiont be started within two years of this date. more years dapse before beginning construction it shall be necessary to resubmit the plans when construction is contemplated. Sincerely, BE-- aft# -;4 j. c: file Flathead County Sanitarian City Engineer, Kalispell American Land & Development, Inc., owner N DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTIlVG AND COMPLIANCE DIVISION METCALF BUILDING MARC RACICOT, GOVERNOR 1520 E SIXTH AVE ' (40044 -3080 FAX (406)444-1374 ENGINEERING 21913RD AVE E KALISPELL MT 59901 January 15, 1998 PO BOX 200901 HELENA, MONTANA S9620-0901 RE: THE WILLOWS FLATHEAD COUNTY E.Q.#97-2782 The plans and supplemental information relating to the water supply, sewage disposal facilities, and storm drainage (if any) for the above -referenced division of land have been reviewed as required by ARM Chapter 17 Section 36 and have been found to be in compliance with that act. Two copies of the Certificate of Subdivision Plat Approval are enclosed The original is to be filed with the Plat at the office of the county clerk and recorder. The duplicate is for your personal records. You will note that you do have specific responsibilities according to this statement primarily with regard to informing any new_ owner as to the inherent limitations which have been imposed Should you need additional copies of this statement, they are available from this office. Development of the approved subdivision may require a General Discharge Permit for Storm Water Associated with Construction Activity. Please contact the General Discharge Permit Section at (406444-3080) for more information. Failure to obtain this permit (if required) prior to development can result in significant penalties. If you wish to challenge the conditions of this Certificate of Subdivision Plat Approval, you may request a hearing before the Board of Environmental Review or the Department, pursuant to Section 764-126, MCA and the Montana Administrative Procedures Act - If you have any questions, please contact this office. Sincerely, Dennis P. Mc&4 Supervisor Subdivision Section Water Protmtioz > f - ' DMlms cc: County Sanitarian County Planning Board 'AN EOW L OPPOR77jNI7Y fAIPiAYER' Di AT D STATE OF MONTANA DEPARTNCENT OF ENVIRONUMNTAL QUALITY CERTIFICATE OF SUBDIVISION PLAT APPROVAL (Section 76-4-101 through 76-4-131, MCA 1995) TO: County Clerk and Recorder E.Q. 197-2782 Flathead County - _ 2291 Kalispell, Montana THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision known as The Willows A tract of land located in the Northwest 'A, Section 21, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana consisting of 87 lots have been reviewed by personnel of the Permitting and Compliance Division, and, THAT the documents and data required by ARM Title 17 Chapter 36 have been submitted and found to be in compliance therewith, and, THAT the approval of the Plat is made with the understanding that the following conditions shall be met: THAT the lot sixes as indicated on the Plat to -be filed with the county clerk and recorder will not be further altered without approval, and, THAT each lot shall be used for one single-family dwelling, and, THAT the public water supply system and public sewage treatment system will be provided by the City of Kalispell, and THAT the storm drainage system shall consist of culverts and gutters that convey all stormwater generated on -site to a wetlands t eatrnesnt system and then discharges to the Stillwater River, and, THAT water, sewer, and storm drainage systems shall be installed per plans submitted by Billmayer Engineering and approved in a separate document by the Department on January 12, 1998, and, THAT within 90 days after construction is completed upon a public water system, wastewater system, or storm drainage system, or upon an extension of or addition to such a system, the professional engineer shall certify to the Department that the constmction, alteration or extension was completed in accordance with the plans and specifications approved by the Department, and, THAT project certification shall be accompanied by a ,complete set- of 'as -built' drawings toaring 'the signature and seal of the professional engineer, and, Page 2 of 2 The Willows Flathead County E.Q. #97-2782 THAT instruments of transfer for this property shall contain reference to these conditions, and, THAT departure from any criteria set forth in the approved plans and specifications and Title 17, Chapter 36, Sub -Chapters 1, 3, and 6 ARM when erecting a structure and appurtenant facilities in said subdivision without Department approval, is grounds for injunction by the Department of Environmental Quality. Pursuant to Section 76-4-122 (2)(a), MCA, a person must obtain the approval of both the State under Title 76, Chapter 4, MCA, and local board of health under section 50-2-116(1)(i), before filing a subdivision plat with the county clerk and recorder YOU ARE REQUESTED to record this certificate by attaching it to the Plat filed in your office as required by law. DATED this 15th day of January, 1998. 4-0— - f , �� �_, e_, ze_z AI�Z .M' SubdivisionSection Permitting .. Compliance Division Department :+t of • :nr. Quality Owner's Name: American Land & Development, Inc. DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING AND COMPLIANCE DIVISION MARC RACICOT, GOVERNOR METCALF sW.DING STATE OF MONTANA ( -3M FAX (4%)444-1374 JOHN SCHWARZ SCHWARZ ENGINEERING 14 SUNSET PLAZA SUITE 201 KAIISPELL MT 59901 Dear Mr. Schwarz: September 18, 1998 PO sox 200"1 HELENA, MONTANA 5%2""1 RE: The Willows Subdivision Flathead County E.Q..199-1264 The plans and supplemental information relating to the water supply, sewage, solid waste disposal facilities, and storm — drainage Cif any) for the above -referenced division of land have been reviewed as required by ARM Title 17, Chapter 36 and have been found to be in compliance with those acts. Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed with the Plat at the office of the county cleric and recorder. The duplicate is for your personal records. Development of the approved subdivision may require a General Diacharr<e Permit for Storms Water Associated with Construction Activity. Please caatact Vicki Sullivan at (406)444-5338 for mom in¢ormRbon. Aul ure to obtam this permit (if required) prior to development can result in significant penalties. Your copy is to inform you of the conditions of the approval. Please note that you have specific responsMities according to the plat approval statement, primarily with regard to informing any new owner as to inhered limitations which have bean imposed. If you wish to challenge the conditions of this Certificate of Subdivision Plat Approval, you may request a hearing before the Board of Environmental Review or the Department, pursuant to Section 76-4-126, MCA and the Montana Administrative Procedures Ad. If you have any questions, please contact this office. Sincerely, Dennis P. McKenna Srpervisor Subdivision Section WSW Protection Bureau e.LiMn c: fib Flathead County Sanitarian AN EOWL OPPORTUNITY EMPLOYER' STATE OF MONTANA DEPARTMENT OF ENV RONMF.NTAL QUALITY CERTIFICATE OF SUBDIVISION PLAT APPROVAL (Section 764-101 through 76-4-131, MCA 1995) TO: County Clerk and Recorder E.Q. 199-1264 Flathead County Kalispell, Montana THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision known as The Willows A tract of land located in the Northwest 'A, Section 21, Township 28 North, Range 21 West, Principal Meridian Montana, Flathead County, Montana consisting of 87 lots have been reviewed by personnel of the Permitting and Compliance Division, and, - THAT the -documents and data required by ARM Title 17 Chapter 36 have been submitted and found to be in compliance therewith, and, THAT the approval of the Plat is made with the understanding that the following conditions shall be met: THAT this Certificate supersedes Certificate No. E.Q. 197-2782 dated the 15th day of January, 1998, and all previous copies should be marked superseded or removed from files, and, THAT the lot sues as indicated on the Plat to be filed with the county clerk and recorder will not be further altered without approval, and, THAT each lot shall be used for one single family residence, and, THAT the public water supply and public sewage treatment system will be provided by the City Of Kalispell, and, THAT the storm drainage system shall consist of culverts and gutters that convey all stormwater generated on -site to a storm water settling swale and then discharges to the Stillwater River, and, THAT water, sewer and storm drainage systems be installed per plans submitted by Billmayer Engineering and approved in a separate document by the Department on January 12, 1998, and, THAT the storm water settling swale shall be installed per plans dated received August 27, 1998, and received under the seal of John P. Schwarz P E. # 11258PE, and, THAT construction will be started within two years of this date. If more than two years pass before beginning construction, jt shall be necessary, to resubmit the plans and specifications when construction is anticipated. This two year expiration period does not extend any compliance schedule requirements pursuant to enforcement action against a public water/sewage system. Page 2 of 2 The Willows Flathead County E.Q.#99-1264 • • :w r- _• w, • • � i ....• •� ;.• • _ .•tta• ,;mot' :� • t � � tr . • • + THAT instruments of transfer for this property shall contain reference to these conditions, and, THAT departure from any criteria set forth in the approved plans and specifications and Title 17, Chapter 36, Sub -Chapters 1, 3, and 6 ARM when erecting a structure and appurtenant facilities in said subdivision without Department approval, is grounds for injunction by the Department of Environmental Quality. Pursuant to Section 76-4-122 (2Xa), MCA, a person must obtain the approval of both the State under Title 76, Chapter 4, MCA, and local board of health under section 50-2-116(1)(i), before filing a subdivision plat with the county clerk and recorder. YOU ARE REQUESTED to record this certificate by attaching it to the Plat filed in your office as required by law. DATED this 18th day of September 1998. &.. i • ° • PermittingSubdivision Section • Compliance Division Department of •. e 517TIM., Oil I� 0 01 K211A,,.LZ.17ZV )UV 30 1�"; Incorporated 1892 Telephone (406) 758-7700 Douglas Rauthe FAX (406) 758-7758 Mayor Post Office Box 1997 Kalispell, Montana Clarence W. Krepps Zip 59903.1997 City Manager November 17, 1997 City Council Members: Ms. Janet Cherry W.Nystul Montana Department of Environmental Quality VO-rd Permitting and Compliance Division Cliff Collins Helena, Montana 59620-0901 Ww I Norbert F. Donahue RE: Kalispell Water Improvements to Serve the Willows Subdivision, Flathead County Ward I E.Q. No. 97-278.2 Dale Haarr Ward 1 Dear Ms. Cherry: Jim ABanson Ward IN We have reviewed the plans and specifications for the Willows Subdivision, Water and John craves Sewer Extension Project designed by Billmayer Engineering and found them to be VVaM m acceptable. The Kalispell water system has adequate capacity to serve this project. Pamela B. Kennedy Ward IV Please feel free to contact me if you have questions. M. Duane Larson Ward IV Sincerely, D' J- 0'. *&— David A. Holst Public Works/Engineering cc: file Billmayer Engineering Co. Office- BOX 1991 August 26, 1998 John Schwarz, P.E. Schwarz Engineering #4 Sunset Plaza, Suite 201 Kalispell, Mt. 59901 Re: Widows Subdivision Storm Drainage Dear John: The writer has reviewed your REVISED DRAINAGE PLAN, Sheet 1 of 1, dated July 28, 1998 for the referenced subdivision. The storm drainage flows to the southerly property line of the subdivision where it is collected in an open trench approximately 250 feet in length and then flows through an outlet structure and 15 in. pipe to the Stillwater River. Even though there wdl be no retention of storm water, the drainage plan is consistent with the storm water management requirements of the City ofRalispell Extension of Services Plan due to the fact that the runoff is directly to the Stillwater River. Based on the above, the drainage plan is hereby approved. Res Assistant City Engineer April 27, 1999 Narda Wilson Flathead Regional Development Office 723 Fifth Avenue East, Room 414 Kalispell, M. 59901 Re: Willows Subdivision Dear Narda: APPLICATION MAT* ..�.: •R.. ,e.• ;. r.t. APR 2 8 1999 ,,'r F. R D. O. The improvements installed in the referenced subdivision are in accordance with the City of Kalispell Standards for Design and Construction, dated April 15, 1996 and adopted by resolution No. 4259. All' have been installed with the exception of the sidewalks and a portion of the street trees. The Developer has provided a guarantee equal to the projected costs to complete the above. A 12 in. storm drain outfalt was installed instead of the design size of IS in. The 12 in. will have to be replaced with a 15 in prior to the final .plat approval of Phase U. It is the understanding of the writer that the Phase I and Phase II storm water drainage systems are to be maintained by the Willows Homeowner's Association. If you have any questions on the above, please feel free to contact me. Respec4fulty , ,AmemmuP.E. Assistant City Engineer Copy To: Robert W. Stauffer, Schwarz Engineering i"� ,.�.tim''`�._.....�,��� _`.' �.. ! 1 ! 1 � ! � � � ! • > s.. F ,�,,. �'.'' �„Z'e art'#" Kalispell Fire/Ambulance Dept. 336 1 st Ave. East • P.O. Box 1997 Kalispell, MT 59903-1997 To: Bob Stausfer Re: Hydrants at Willows subdivision The Kalispell Fire Department approves of the placement and spacing of the fire Hydrants at the Willows subdivision. Orland Leland Assistant Chief Telephone 406-758-7764 Fax 406-758-7758 APPROACH (Insert Nature of Permst) DATE BOARD I. Flame Of Applicant: AKERICAN LAND & DEVELOPMENT phone No. 406 / 755-4993 2. Address of Applicant: 75 FIRST AVENUE WEST NORTH - RALISPELL, MONTANA 59901 3. If Applicant is a Business or Corporation, please provide the name of President: and Secretary: 4. Nature of Permit desired. (Give sufficient detail). SUBDIVISION ROAD APPROACH ONTO WILLOW GLEN DRIVE 5. Give description at or near which installations or structures will be installed. a. Provide detailed map of location. (Submit blueprints or sketches). b. 1xxation is to be flagged for pre-c:cnstruction inspection. I£GAL: Section 21 dip 28 Range 21 6. For how long a period is the permit desired: UNLnXETED 7. Permittep may be required, as outlined in Policy Booklet, to obtain bonding in both names; - (Fl ahead County Road Department "or" appl i cant) , for assurance of construction repairs, also to Fay r.+_ r recording fees, if required. �I Application Fee: $50.00 Check No. rC�Receipt No. t ti-l_r. Name of Surety Ccmnany: Type of Surety: No. Amt. S 8. Reseed: All ria_ht-of-way disturbed by the utilization of this t mist be reseeded according to the speci:icaticuss of the Flathead County Weed Dept. Cmtact Weed Department for area information and specifications. I 9. Remarks: 10. Road Department is to be notified upon ram; letion of work for scheduling of inspection. Applicant will complete this form and transmit it to the Flathead Canty Road Dept. This application is for all encroachments on or thru,Ccunty right--of-way. Wwo applicant has signed both sides of application and application is approved, a COPY will be made available to applicant. (sae reverse side). PIER AFp11rnt-= ,e FIAZIFAD CtJLW Y ROAD DEFT. Authorized R�pres�ntative Applicant . 5,/-(1_] Title -7 Commissioner Date :. T91I. aiS persit shall be in fail force old im effect froe the date hereo! until revoked as herein provided. 2. UVOCiTIOL Tnis permit may be revokk by the County upon giving 10 days notice to Pennittee by ordinary sail, directed tc the address siown in the applicatioa bereta attacker, but the County reserves the right to revoke this permit` without ;;vim; said notice in toe event Peraittee breAs any of the conditions or terms set forth herein. :. COHEICENUT OF VUL. to York shall be comseaced llti: Peraittee notifies the County autborind represeltatIve!, as _:steel oa the frost of tais application, as to the proposed cosmencesnt of work. 4. CIIIGES II IIGIiIT. I t:e County ctanges highway, necessitating changes in structure or installations ender this pe.nit, Pennittee shalt We necessary changes witW expense to County. 5. TI UC9IX Ot W= 1LTEt11TIOIS. tesoval of pavts!st lust be preceded by sawing the existing pavement around the a-eais► to be reloved. teplacesent base and subbase materials lust be cospacted to a minimum of 95% relative density. teplacement of pavement must be accompiisbed within five (5) days of pavement removal. 6. Coum Sim uiwss nos CLtIIS. Is accepting tb--s permit, the Penittee, its/his successors or assigns, agree to protect the County and save it barnless from all claims, actions, or damage of any kind and description which may accrue to, or be suffered by, any person, or persons, corporations, or property by reason of the performance of any such wort, character of materiais used, or sinner of installations, nintesance ad operation, or by tie improper occupucy of said highway right-of-way, and in case of any suit or action brought agiiast tie County and arisiag out of, or by reason 3f, any of tie above tenses, the Peraittee, its/iis successors or assigns, will, upon notice to it/him of the conaeacesemt of inch action, defend tie sane at its/bis sole cost and expense and satisfy any Judgment unitk nay be rendered against the County is any n4A t or action. 7. ?10TBCTIO1 OF TUFFIC. Insofar as the interests of the County and tie traveling public are eoacermed, all wort performed wader this permit shall be dose under the supervision of the County toga' Department and its antionzed n-oreseatatives, aid her ti.ey shall indicate the traffic control devices, the lighting thereof at light, placing of flagsen and watcanen, the acceptnle manner is which trafti: is to be handled, and shall specify to Penittee how road surface is to be replaced :f it is disturbed during operations, hot said supervision shall. is so way operate to relieve �r discharge ?srnittee fros ear of the obligations assumed by acceptance of this permit and especially those set fora ender Section 6 i=reof. 1. EaTiT DtiItiGE. If the work done minder this perait interferes III any way with the drainage of the County iighway affected. Penittee shall, at its/his own expense. sake such provisions as the County may direct to take care of said drainage. 4. 1UIIIS1 11D DEIIIS. Upon completion of work contemplated wider this permit, all rubbish and debris shall be inedi3t:I7 removed and roadway and roadside left in a neat and presentable condition satisfactory to the County. 10. IOU TO It SUPUTIM II COUM. ill worst contemplated under this tersit shall be done uncle: the supervision of and to .be satisfaction of the authorized representative of tie County, and the County hereby reserves the rigit to order the change of location or removal of any structure of installation authorized by this perait at any time, said changes or removal to be We at the sole expense of the Penittee. 11. COUMI MIT JOT TO IB IITERMID Ties. ill such changes, reconstructing, and relocation shall be done be Penittee in such a manner as will cause the least interference with any of the County's work, and the County shall in no way be liable for any damage to the Peraittee by reason of any such wort by the County, its agents, contractors, or representatives, or by the exercise of any rights by the County upon tie highways by the installation or st:nar:es placed under this permit. 12. I OtiL OF IIST11"TIOIS OF MUCMIS. Ulless waived by the County, upon teninatiom of this permit, tie Penittee shall remove the installation or stnctares contem sited by this permit and restore tie premises to toe coaditicn existing at tie time of entering upon the same under this permit, reasonable and ordinary wear and tear and damage by tome elements, or by circumstances over which the Penittee has no control, excepted. 13. IhIITDIKI IT MUSE OF PEtb?TTEE. Penittee shall maistain, at its/iis sole expense the installations and structures for which this permit is granted, is a xnditios satisfactory to the Covwty. 14. COMM NOT LIIILB F01 DIANS TO IISTIUATIOIS. Im accepting this permit the Peraittee agrees that any damage or injury done to said installations or strictures by a costractor working the County or by any County employee eagaged in coast. -action, alteration, repair, saintenanct, -or improvement of the County right-of=say shall. be at tie sole expense of the Penittee. 15. COUITT TO IE ISIIIMSD FOt IRP11139 IOIDTIT. Upon being billed therefor, Penittee gees to promptly reimburse the County for any erase incurred in repairing surface of roadway due to settlement at installation, or for any other dasage to roadway as a resait of the work perioned under this permit. Dated this day of /GI1�% 19 17. 'be under g d, th EHITTES" ae tiomed in the foregoing. instrument, hereby accepts this permit, together with all of the terms a alit' s t for b,- rein. t (Permitteel (Permittee) t Permit No. L l APPROACH (Insert Nature of Permit) DAVE BOARD 1. Dame of Applicant: AMERICAN LAND S DEVELOPMENT Phone No. 406 / 755-4993 2. Address of Applicant: 75 FIRST AVENUE WEST NORTH - KALISPELL, MONTANA 59901 3. If Applicant is a Business or Corporation, please provide the name of President: and Secretary: 4. fhture of Permit desired. (Give sufficient detail). SUBDIVISION ROAD APPROACH ONTO WILLOW GLEN DRIVE 5. Give description at or near vdAch installations or structures will be installed. a. Provide detailed map of location. (Submit blueprints orsketches) . b. Location is to be flagged for pre -construction inspection. LEGAL: Section 21 Top 28 Range 21 6. For how long a period is the permit desired: UNLIMITED 7. Permittee may be required, as outlined in Policy Booklet, to obtain bonding in both • (Flathead Ccxmty Road Department "or" appl i cant) , for assurance of construction repairs, also to pay necessary recording fees, if xequi _red. l ication Fee: $50.00 Cliedc No. Receipt No. !C tc Name of Surety Type of Surety: No. Amt . $ 8. Reseed: All right-of-way disturbed by the utilization of this t mu t be reseeded according to the scecificatiors of the Flathead County Weed Dept. Contact Feed Department for area information and specifications. p -. 9. Remarks: S-. A ita,c.: 10. Road Department is to be ratified upon completion of work for scheduling of inspection. Applicant will ccmplete this form and transmit it to the Flathead County Road Dept. This application is for all encroachments on or thru County right-of-way. then applicant has tiged both sides of application and application. is approved, a copy will be made available to applicant. (see reverse side). � A Applicant, ant Authorized Representative Chairman Date Applicant_ -1-C17 Title 5-5-97 Ccnmissicner Date i. . nis permit shall be in fill force and is effect -from tic date hereof util revoked as bergs provided. 2. IsiOCITIOI. ibis persi: say be revoked by the County span giving i1 days notice to Persittee by ordisary aa::, directed to the address shorn is the application hereto at:ackec. but the Cavity reserves tie rigk: to ;evoke this penis'vitbont� givimc said notice in the event Persittee breaks any of the condicioss or terms set fora kerein. CORUCENUT Of 1011. Ic work skill be coteened vnti: Persittee jotifie! tie Covaty astaori: rlprrsejtit::j;, as listed on tie front of this application, as to the proposed comnescemeit of work. !. CHNIS II IIGIIIT. I; the County changes kigbray, necessitating changes is stractire or installations under :his permit, Penittee shall We necessity changes vithout expense to Comity. S. Ti IIIG Ot PITREI't WERTIOIS. teaoval of pivesest just be preceded by saving the existing piveseat lromod the area(s' to be removed. ceplaceseat base lad subbase materials east be compacted to a minion of 954 relative i:csity. replacement of paveaest vast be accomplished vitkin five (5) days of pavevest removal. 6. tomy Iim 1ItsLESs nos cum. Is accepting this ;snit, tie Persittee. its/kis successors o: assigas, agree Co protect the County ad save it kirmless from all claims, actions, or damage of say kisd ame descriptia mild uv acme to, o: be suffered by, lay persa, or persons, corporations, or property by reason of tie performance of By sov. York, character of materials used, or simmer of installations, maintenance and operation, or by tie improper ompasq. of said iighway right-of-vay, and in case of any suit o: actin brought aciint the Comity lad aris:aq oat of, or by reason of, say of tke above causes, the Persittee, its/kit successors or assigas, will, opom notice to itAia of the consencesam: of nob action, defend tie same It its/his sole cost lad expense and satisfy lmy ladpest slick nay be rendered alaisst :ie Couty ii By suit or WAR. ;. Pt OI OF RIFFIC. Insofar as the interests of the County aad tie traveling public ue concerned, all work perfoned nader this permit shall be done under -the supervision of tie Comity toad Department and its aathorind represescatives, aid he(thev shall indicate tie traffic control devices, the Iighting thereof at aigbt, placisg o; flagveo nd vatchmei, the acceptable sinner is vhici traffic is tc be hasdlec, ad skill specify to Persittee kos road an:fict is to be replaced if it is disturbed daring operations, bot said supervisin sill. in so way operate to relieve or disebarge Penittee from any of the obligacias assumed by acceptance of tiis permit ad especially those set forts wade: section 6 Woof. d. IIGMT DIMIGS. If the work dose under this persi: interferes fa any viy witk the drainage of the couty kigaway : = cted, Persittee Suall, c: its/kis OwD expense, jaie such provisions is tie County say direct to take care of said drainage. ?. IUIIISI IID D111I3. Upon comoletia of work coatespiatez under this permit, a_i rubbish ad debris skill be immediately resoved and roadway and roadside left in i meat and presentable rnditin satisfactory to tie County. 10. On To Is SUPSITISED IT COUM. Ill work niEemplite_ jade: this permit ski:1 be done wade: the sapervisia of lad to the sitisfac:ioa of the aotborized representative of tee Cou cy, and the Coinq hereby reserves tie right to ardor the chaage of locatioa or removal of any structare of installation aatborixed by this permit it By time, said chnges or nesovil to be jade it the sole zxpesse of tke ?ermitcee. 11. 3 'S HOT JOT TO Is IlTRIF&IEI iITI. Ill such cbaages, recoust:nctisc, lad relocation shall be dose by Persittee is sack a miner as will cause the least interference iitb any of the Comity's work, aid tie County skill is no wry be Iiable for any damage to the Persittee by reason of any sacb work by the Comity, its agents, contractors, or npresatitives, or by the exercise of any rights by tie County spoor the iigivays by tke installation or stnet ras placed vide! this permit. 12. IMTR OF IISTILUTIOIS OF MOCTURU. Unless hived 3y the Comity, spot terainatia of tkis permit, tie Persittee skill remove the installation or strictures costesplated by this permit ad restore the premises to the eoadi _ on existing at the time of eatering upon the sane under tkis persi t, reasonable mad ordinary wear aid teu lad damage by tie eleseats, our by circumstances over which the Penittee kit so control, excepted. I?. U1JTWC1 IT UPP.ISB OF PUNITTss. Persittee skill asiitaia, at its/kis sole expense the instaiIatioms mad st"etares for which this permit is granted, in a coaditia satisfactory to the Comity. 14. COUTY 10? 6III6E POI DHIIGE TO IISTILLITIONS. is accepting this permit the Persittee agrees that aav damage ar injury dome to said installations or strictures by a contractor iorking the County or by any County employee engaged .ia-coastrwctioa,•alteratioi, .repair, vaiateuice, .or. isproveseat of. the County right. -of -wag skill. be at tie gale expense of the Persittee. is. COOM TO Is ts1I1UISED POt 18PIItiIC IOIDIIT. Upon being billed therefor, Penittee agrees to promptly reijbwrse the C„-anty for any expense incurred is repairing surface of roadway due to settlement at installation, or for any other damage to roadway is a result of the work performed under this permit. Dated skis day of /el" 19 I �. ne undersigned, the 'PMITTEE' stationed in the foregoiac iastruseit, hereby accepts this permit, together r":h all of the Waoad'ops set J th Aereia. (Pe jitter (Pervicttt) , .` b���OAC'r P-sRI�IT R1r0_tIIR=MENTS ems• _-�in�':.L :i�J• r 1S : RA_K-_I EJ_ _-' THE !�l�� '•'+_1JCt CONDITTONS ARE M=^- _. • A: i '-_ruse. and trees are :_ be ram:ved from the county road on eazh side_ e: ; e ppraac fo:. a distant: c: s�a.4_ feet wad a set:.ac:c cf tat*fror�.,tha Shoulder of the read. 1"MrO s will f ci 1 i tate.• improved•. . r;.a!::ay maintenance any: sa: a; y. l 2. c:r_ugatad metal culvert having as minimum diame;sr of t_2. lam, - _ :«= Its :+e insta: iav }iL1.ea�h •.}=a• a:• : oa:i. such that t:af cl_:vert b:t:om ii:avertl ba even with and at the Sams grade as the bazzzm. 17me culvert will prov. de adequate drainage shmil.d w-a:er accumulate :n the ditch.). - - -- __•��-..._ - -- -- - - _a a_ ?r oac.h mus; :.aver a 2:: :vvt l 1mig 1 aa-iding graded ? perce.at away =rom"%the county road. (See the attachid sheet for details.) ' 3 will red':.= amour: 0= gravel' loss .an' . e-poss ibI l; tf )^i - of era i i:aGe f .ral am the approachCn to this':: COAtq road .- . l ill approaches onto a paved road sha11 be pave d` a -minimum" o_` .es com a=ti Cf 21 feet wide amd from the paved read i0. icc-: Ci the r' :-Cf-S:a: . For additior.al spec.ficat'4_0.ns amd;. re ui=emeats see "npzrOac3 ?r S S within :a^.e C0umzY. Z-1 ht-0 way GiSZ - &!J C-ram. IA i i- L -� days. ail _ou .lay-ar C_ topsail _',.st be S:+ea:c over a!! disturbed arias 04 -wa- -rlOr t0 reseed iT,; See. th$ attache_ S =$: a.�. detalis.! 1Reseas-_+7� Wi t�l poser a- i:.. growth of noxious wears' adla ens othe cou--1,.y: r ad .as 4e 1 1 as zhe adjacent property .) ' _ 3.s Cozzact the !'load Departmeat to scaaLule a post construction inspection. 7' Lul ver s 4.o A P P R O A C rH p E R 14 I T A T T A C H M E '3 T L:utie:�, STRIP 75.0' MIN. LANDING STRIP FOR COUNTY 5 MAIN ROADS 25.0' MIN. FOR REG LAR APPROACH OF ii:.;r�:i►t RADIUS SEE APPROACH PERMIT ALL LANDING STRIPS 5. TO BE SLOPED 0.03 FT. PER FOOT AWAY FROM r E I GHWA.Y FOR DRAINAGE r L LANDING SEE A_DPROACF PERMIT iSTRI? APPROACH WaD'-PE-24 feet SEE APPROACH PERMIT sO 60 TYPICAL SECTION USED 6:1 SLOPE FOR FILLS OF 5 FEET OR LESS FOR DRAINAGE USE PIPE AS SPEOZ= T_LD IN APPROACH PERMIT NOTE": CRADE OF APPROACH NO 105 UWLESS TRAr'FIC 1.0LlM0E A:YD COST INOrCLTE =UC : TO z; .F:=TIF=A3LE. APPROACFES TO BE CONSTRUCTED TO FIT LOCAL CONDI':'IC`:=, 5-.-T IN, SUCH A MANNE? AS TO MINIMIZE TP..:: = IC HAZARD A.'lB , AFFORD SAF= AND COMMODIOUS ENTRY AND EXIT OF VWFIC TO AND FROM HIGHWAY. Seeding will be drilled following the slope contours immedlatelyaft erfinal grading using the belowmir The seeding miu and rates to be used are as follows: SPECIES Ws PLS/ACRE Regar brcme 3.S Eard fescue 3.0 Intermediate whestgrass 2.5 Alsike clover 2.3 Ann gal ryegrass Kentucky bluegrass Ladak alfalfa T moth y Napier orchardgrass total pounds per acre 2.S 2.0 2.0 I.j 1.0 20.1 The #s PES/_ACRFrreans pounds per acre of pure, Ere seed .=hat is cerfied to be weed free. Tne rates shown should be doubled L= seeds are broadcast, and scarif via is rega ed after Se. -ding to corer seeds with topsoil to prevenr icss b y ;; jxd, water and wildlife. November 12, 1998 TO: FLATHEAD COUNTY PLANNING DEPARTMENT RE: THE WILLOWS SUBDIVISION TO WHOM IT CONCERNS: THE ABOVE -REFERENCED PROJECT HAS BEEN REVIEWED, AND A SUITABLE LOCATION FOR MAIL DELIVERY HAS BEEN ESTABLISHED. IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO CALL ME AT (406) 755-0187. ELDEN MARVEL MGR CUSTOMER SERVICES U S POSTAL SERVICE FLATHEAD STATION 248 1' AVE W KAUSPELL MT 59901-9998 M@52T a 1 NOV 10 1998 D FAX: ! r -a 1 ! ! t � I KELLY ROAD- i ; L i. � I _ i I i 1 , r . �Cc t i THIS AGREEMENT, made and entered into this day of 19 , by and between the CITY OF KALISPELL, hereinafter referred to as "CITY", and AMERICAN LAND AND DEVELOPMENT, INC., hereinafter referred to as "DEVELOPER". WITNESSETH: WHEREAS, DEVELOPER is the owner of a certain tract of land more particularly described in Exhibit W , upon which DEVELOPER has made certain infrastructure improvements in contemplation of subdividing said property into 87 single family lots, and WHEREAS, one of the infrastructure improvements constructed by DEVELOPER consisted of a new sanitary sewer lift station located on Kelly Road to service said property, and WHEREAS, at the request of the CITY, DEVELOPER oversized the lift station to replace a lift station owned and operated by the CITY which serviced the Greenacres area, and WHEREAS, DEVELOPER anticipates utilizing approximately 33% of the lift station capacity, with the CITY anticipating Greenacres and surrounding areas to eventually utilize the remaining 67%, and WHEREAS, the CITY's Extension of Services Plan contemplates a methodology whereby the CITY may reimburse a developer for certain infrastructure costs associated with enlarging existing infrastructure improvements by passing through to the developer utility connection fees attendant to the development, and WHEREAS, DEVELOPER requested that CITY contribute $50,000 in sewer funds to recover a portion of the cost of the lift station and allow the DEVELOPER a pass through of the collection system component of the sewer connection fee up to a total of $49,503.00, and WHEREAS, the CITY has determined that said proposal is in accordance with CITY policy and acceptable to the CITY. H:\att\wp\wi11owextagr.wpd 1 NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties do hereby agree as follows: (1) That the CITY agrees to pay upon execution of this agreement, to the DEVELOPER the sum of $50,000.00 for and in consideration of DEVELOPER's oversizing of the sanitary sewer lift station on Kelly Road to accommodate the Greenacres area sanitary sewerage flow. (2) Said payment of the above amount shall be conditioned subsequent to the DEVELOPER presenting the CITY with releases of liens from all contractors and subcontractors working on the infrastructure improvements. (3) Further, City agrees to rebate to DEVELOPER the collection system component of the sanitary connection fee for the lots within the Willows Subdivision, as said lots connect, in a total sum not to exceed $49,503.00. (4) This Agreement constitutes the entire agreement between the parties regarding recovery of infrastructure improvements by DEVELOPER, and may only be amended by written agreement between the parties. (5) This Agreement shall be binding upon and inure to the benefit of the respective parties, heirs, successors and assigns. Dated this day of 1999. City of Kalispell By:_ Its: H:\att\wp\willowextagr.wpd 2 American Land and Development, Inc. By:_ Its: SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 3' day of May, 1999, by and between the CITY COUNCIL, City of Kalispell, Party of the First Part and hereinafter referred to as the CITY, and American Land and Development, Inc. a Corporation, located at P.O. Box 417 Kalispell, Montana 59901, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as The Willows, located at SW ''/., NW 1/4, Section 21, T 28N, R 21 W, Flathead County, Montana and, WHEREAS, the City has conditioned its approval of the final plat of The Willows — Unit No. I upon the conditions as set forth in the Preliminary Plat 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 B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of 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 S 33,500.62 . 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: Flathead Cmuy Subdivision Regdlations Page 1 of 5 a. That the creditor guarantees funds in the sum of S 33,500.62 ., the estimated cost of completing the required improvements in The willows — Unit I. 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 fzmds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. 2. That said required improvements shall be fully completed by August 30, 1999. 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 schedale 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. FU#--od C * S+rUNWoe Regvtovm Page 2 of 5 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 fiords 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 WIMSS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. can d and Dev en c. b (Title) Flathead Cowry Subdfv wn Rrgutattows Page 3 of s STATE OF MONTANA COUNTY OF lns0. 'h On this ':I te) m, day of -:19-�tS before me, a Notary Public for the State of Montana, personally appeared !S2!M. , : a Sa;Y ?s , known to me to be theSaces, ,& r of DL*", aE' oot.t!'��- whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for. the State of Montana Residing 4t My Commission Expires R.CIL5 MAYOR, CITY OF KALISPELL By: Mayor ATTEST: By: Finance Director head Cownry &bdi fox Rerdadow page 4 of s Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. � IC This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. tilt: • /'.lul�►1�• Sidewalks Coniferous Tree Buffer CHECK CONSTRUCTION APPROPRIATE COMPLETION BOX DATE 8/30/99 8/30/99 ESTIMATED CONSTRUCTION COSTS $23,634.50 $ 3,230.00 SUBTOTAL S26,864.50 FEES TOTAL COST S26,864.50 TOTAL COLLATERAL (TOTAL COST x 125%) $33,500.62 v,. Flathead County SLbdf *wx Regulations Page 5 of 5 dSo 202 Main Street, PO Box 27, Kalispell, MT 59903-0027 P,d qhk GiACIER BANK Phone No. (406) 756-4276 FAX No. (406) 756-4204 April 28, 1999 TO: The City of Kalispell Kalispell, Montana 59901 FROM: Glacier Bank 202 Main Street PO Box 27 Kalispell, MT 59903-0027 RE: Irrevocable Standby Letter of Credit No. 1-99-20 DATE: April 28, 1999 EXPIRATION: August 31, 2000 Dear Sirs: We hereby establish a standby Irrevocable Letter of Credit in your favor for the sum not exceeding a total of $34,180.62 for the account of American Land & Development, Inc. Draws on the Letter of Credit shall be made by the City of Kalispell upon its written statement signed by its President or other authorized officer in the following form: "RE: Glacier Bank Irrevocable Standby Letter of Credit No. 1-99-20 Dated April 28, 1999 City of Kalispell hereby draws under Letter of Credit No. 1-99-20 the amount of $ . It is certified that the amount drawn is due and payable as required by the Agreement between the City of Kalispell and American Land & Development, Inc." Such draft and supporting documents shall be presented at the office of Glacier Bank, 202 Main Street, PO Box 27, Kalispell, MT 59903-0027, Attn: Randy Cogdill. This Letter of Credit shall terminate and expire on August 31, 2000. GLACIER BANK KALISPELL • L IBBY • POLSON • COLUMBIA FALLS • CUT BANK BIGFORK • EVERGREEN • BUFFALO HILL • BILLINGS CENTRAL HAMILTON • THOMPSON FALLS • HELENA • GLACIER BANK OF EUREKA • GLACIER BANK OF WHITEFISH • BILLINGS HEIGHTS E-Mai: glacier 0 glacierbank . corn • Website: www. . glacierbank . corn This Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1983 Revision) International Chamber of Commerce Document No. 400. 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