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10. Southfield Park Final Plats July 16, 1998 Mr. Thor Jackola Jackola Engineering 317 First Avenue East Kalispell, MT 59903 Reference: Southfield Park subdivision Dear Mr. Jackola: Plans dated July 7, 1998 for Southfield Park project have been reviewed by this office. Water system improvements: The improvements shown on the plans are satisfactory and approved by this office subject to the review and approval of the Department of Environmental Quality. They will connect to existing City facilities of adequate capacity. Sewer system improvements: The improvements shown on the plans are satisfactory and approved by this office subject to the review and approval of the Department of Environmental Quality. They will connect to existing City facilities of adequate capacity. Roadway improvements and approaches to existing streets: The improvements and approaches as shown on the plans are satisfactory and are as previously discussed and agreed upon. Storm drainage facilities: Supplemental information you have provided for the storm drainage system has not fully convinced the City staff that this design will reliably function as intended. We believe the high ground water in the project area is a serious impediment to the flow of storm water from this system into the surrounding soil strata. While the submitted calculations suggest that percolation rates at some points may be adequate under certain conditions, and the redesign you have made does increase the apparent margin of safety for the system, we are not, at this point, completely persuaded that the system will function for the owner in a reliable way under adverse conditions. However, this is essentially a private system. Therefore, this office does not object to the installation as designed. We share your desire that these facilities operate as intended and that the owner does not experience any future problems that cause regret at having installed this system. The City, while not specifically endorsing this design, will join you in closely monitoring its performance in Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7700 - FAX (406) 758-7758 order to establish a sound basis for considering similar proposals in the future. For the interim, we recommend you continue to investigate the marketplace for alternatives to this design that may provide the superior performance needed in difficult design situations such as those encountered in the project area. We look forward to working with you to identify alternatives that may offer superior performance and competitive installation costs. Sincerely, ames C. Hansz, P.E. Director of Public Works / City Engineer cc: City Attorney / Interim City Manager MASTER PLAY EXEMPTION CERTIFICATION OF THE AVAILABILITY OF MUNICIPAL SERVICES In accordance with ARIX 16.16.603, the following information is provided to the Department of Health and Environmental Sciences for their consideration of the subdivision: 1. Name of Subdivision Southfield Park Location of Subdivision: (See attached location map) NW, NE } NW } Section_ 2 0 Township_,Z,g•U_ Range 21 w 2. Name and Address of Applicant: / RicIiarA A flAean, Sr 400 West Valley Dr. Kalispell, MT 59901 3. Name -and Address of Individual(s) or -Firm to Receive Corresp,ondence t:= Tai-k�1 a £nisi n ri n !tom Arnhi tPet_nrP* "P C` 1 1 3d �sr�lispellMT _ - 59903-'1 i 34 F'1 at hcarl T.�n�j+ yS,,.i� .- Rc1x 577 ' TCaI i S»P11 _ MIr 59903 " 4. A copy of the - preliminary plot is attached. x final plat 5. Number.of parcels in this subdivision: C; 6. This property is within a B -2 zone. A copy of the zoning ordinance is attached. 7. The City of Kalispell hereby certifies that adequate municipal facilities are available (or will be within one year) to provide the following services to the subdivision: [later Supply Yes x No Sewage Disposal Yes x No Solid Waste Disposal Yes x No MASTER PLAN E.XL PTION CERTIFICATION OF THE AVAILABILITY OF MUNICIPAL SERVICES Page 2 8. Method of financing extension of water and/or sever mains: ' - A water main already exists In the right—of-way adjacent to this subdivision. No extension of a water main is required. The property owner will bear the cost of water service line installation. X A water main extension is required. The cost of the extension will be financed by - develoDer A sewer main already exists in the right—of—way adjacent to this subdivision. No extension of a sewer main is required. The property owner will bear the cost of sewer service line installation. A sewer line extension is required. The cost of the extension will be financed by dd�Fp r 9. Date of t O 10. Car ified by: en DEPARTMENT OF ENVIRONMENTAL QUALITY PERNUTTLNG AND COMPLIANCE DIVISION MARC RACICOT, COVERVOR ---- STATE OF N/GNTANA (406)aa-300 May 26, 1998 FAX (406)444-1374 JACKOLA ENGINEERING INC BOX 1134 KALISPELL MT 59903-1134 RE: Southfield Park Flathead County E.Q. #98-2579 Dear Mr. Jackola: M-TCALF BLUDINt 1520 E S1XrJJ AY] PO Box 200901 HELENA, MONTANA 5962M%l This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with the Sanitation in Subdivisions Act, Title 76, Chapter 4, MCA 1995, nd athe administrative rules, ARM Title 17, Chapter 36, Sub -Chapters 1, 3, & 6. Under 76-4-111 (3), MCA, this subdivision is not subject to The Sanitation in Subdivisions Act, and can be filed with the county clerk and recorder. Since this subdivision is in a master planned area, and has fulfilled the requirements of the master plan exclusion, the'plat can be filed. Please note, however, the requirements of the Public Water Supply `.Act, 'J"itle 75, Chapter 6, MCA No construction of water supply or sewage disposal facilities can commence until _the Department has approved plans for those facilities submitted under Title 75, Chapter 6, and ARM Title 17, Chapter 38, Sub -Chapter 4. - Plans and specifications must be submitted when extensions of any system of water supply, water distribution, sewer, wastewater or sewage treatment or disposal is proposed. Construction prior to approval is prohibited, and is subject to the penalty prescribed in the Public Water Supply Act, Title 75, Chapter 6, Section 113, MCA - Where these plans have received approval from DEQ no further review is necessary. Where they have not received approval it is necessary to obtain approval prior to any construction. Sincerely, Mary oeder Water Quality Specialist Subdivision Section Water Protection Bureau cc: t-eti"Engineer, City of Kalispell file -AN EOWl OPPoar WY FXPCOYEA- Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 July 16, 1998 Glen Neier, Interim City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Southfield Park Subdivision Dear Glen: Our office has received the application for final plat approval of Southfield Park Subdivision (Haven Field), a five lot commercial subdivision located on the southeast corner of Highway 93 South and 18th Street East in Kalispell. This property was purchased from the City of Kalispell in the spring of 1997 as part of the City's urban renewal plan for the area for the purpose of redevelopment of the site from ballfields to a quality commercial complex. The City of Kalispell and current property owner, Richard A. Dasen, executed a development agreement for certain improvements to the property totaling approximately six million dollars to be in place by January 1, 1999. If the improvements are not in place, the property owner would pay ad valorem taxes in the amount of $124,000 or the difference between tax revenue generated by the improvements and that amount. Preliminary plat approval for this subdivision was granted by the Kalispell City Council on June 15, 1998 subject to nine conditions. This property is zoned B-2, General Business, which anticipates a variety of retail, office and other commercial uses such as those intended for these parcels. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE 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 and accesses. • This condition has been met. The final plat conforms to the approved preliminary plat design. Condition No. 2. That the Certificate of Subdivision Approval be obtained from the Department of Environmental Quality for water and sewer service to the lots. • This condition has been met. A letter dated May 26, 1998, E.Q. #98-2579, from the Montana Department of Environmental Quality stating that the information Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish • Final Plat for Southfield Park Subdivision July 16, 1998 Page 2 submitted has fullfilled the requirements of the State's master plan exemption has been submitted with the final plat. Condition No. 3. That a letter from the Kalispell Public Works Department shall be obtained which states that the proposed plans and specifications all improvements including pavement, curbs, gutters, sidewalks, landscaping and drainage systems have been reviewed and approved in accordance with Kalispell's Design and Construction Standards and have been constructed accordingly. • This condition has not been met. A subdivision improvements agreement was submitted with the final plat, however, not collateral has been received. A letter from public works approving the improvements has not been received. Condition No. 4. That an approach permit for the access onto Highway 93 be obtained from the Montana Department of Transportation and that the terms and conditions of the permit be met. • This condition has been adequately addressed. A letter from the Montana Department of Transportation dated June 18, 1998 stating that they will work with the developer during the construction of the Ashley Creek to Kalispell project for Highway 93 has been submitted with the final plat. Condition No. S. That an approach permit for access onto 18th Street East and Third Avenue East be obtained from the Kalispell Public Works Department and that the terms and conditions of the permit be met. • This condition has not been met. A letter from public works approving the driveway improvements has not been received. Condition No. 6. That a cross easement agreements be filed with the final plat or made as a note of the face of the final plat granting access to all lots within the subdivision by way of the internal road and utility easements shown on the plat. • This condition has been met. There is a note on the face of the plat stating that access is granted between the lots by way of the easements indicated on the plat. Cross easement access and parking is also addressed in the covenants submitted with the final plat. Condition No. 7. That covenants be filed with the final plat which ensures architectural compatibility among the development with regard to architectural design of the buildings, signs, color, materials, height and size. • This condition has been substantially met. Covenants have been submitted with the final plat which generally address this condition. Condition No. 8. That the number and location of fire hydrants within the subdivision be reviewed and approved by the Kalispell fire chief. Final Plat for Southfield Park Subdivision July 16, 1998 Page 3 • This condition has been met. A letter from Fire Chief Ted Waggener dated June 24, 1998 stating that the proposed location of the fire hydrant and access road are adequate until such time as buildings are constructed, at which time additional hydrants may be necessary depending on the type and size of the buildings. Condition No. 9. That the preliminary plat shall be valid for a period of three years from the date of approval. • This condition has been met. The final plat was submitted prior to expiration of approval. COMPLIANCE WITH APPROVED PRELIMINARY 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. RECOMMENDATION: All of the conditions of preliminary plat approval have not been adequately met if you believe that it is appropriate, please schedule this matter for the regular City Council meeting of July 20, 1998. Sincerely, -U44 4 Narda Wilson, AICP Senior Planner NW/ Attachments: 1 opaque mylar of final plat 1 reproducible mylar of final plat 1 bluehne of final plat Final plat application received 6/5/98 Letter from Jackola Engineering dated 6/24/98 Letter from MDEQ dated 6 / 26 / 98 Final Plat for Southfield Park Subdivision July 16, 1998 Page 4 Letter from Fire Chief Waggener dated 6/24/98 Letter from MDOT dated 6/ 18/98 Declaration of Covenants, Conditions and Restrictions Subdivision Improvements Agreement Title First American Title dated 5/27/98 FM-22372 No Treasurers Certification - taxes not due till assessed 1 / 1 /99 c: Jackola Engineering, Box 1134, Kalispell, MT 59901 Richard A., Dasen, Sr., 400 West Valley Drive, Kalispell, MT 59901 Theresa White, Kalispell City Clerk Flathead Regional Development Office 723 51h Ave. East Room 414 Kalispell, MT 59901 Phone: (406)758-5980 Fax: (406)758-578TPLiCAT1C% i FINAL PLAT APPLICATION jrJ UN - 5 1998 .s Subdivision Name: Southfield park Contact Person: Name: Jackola Eng. & Arch., P.C. Address: Box 1134 Kalispell, MT 59903-1134 Phone No.: 755-3208 Owner: F. K D. O. Date of Preliminary Plat Approval: June 15, 1998 Richard A. Dasen, Sr. 400 West Valley Dr. Kalispell, MT 59901 755-6864 Type Subdivision: Residential _ Industrial — Commercial X PUD _ Other _ No. of Lots Proposed: 5 Park Land (ac.): Land in Lots: (ac.) 4 .41 Acres Cash -in -lieu: $ Exempt: X FILING FEE ATTACHED: $ 250.00 Note: Minor Subdivision - $200 +10/lot Major Subdivision - $300 + 10/lot Prel. Plat Waived - $400 + 10/lot Not Attached Applicable (MUST CHECK 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 June 24, 1998 Flathead Regional Dev. Office 723 5th Avenue E. Kalispell, MT 59901 RE: Southfield Park Dear Sirs: APPLICATION MATERIAL 7 Pit. i JUN 2 a ,Q-gg F. We are submitting the required documentation for final plat for your review, approval and processing. We have also submitted documentation to the City of Kalispell Public Works and also to the State Department of Health for main extension approval under the Certified Checklist procedure. Thank you for your help in this matter. In the event of any questions, please give us a call so we can respond immediately. S' el Thor A ckola, P.E. TAJ/se Enc. cc City of Kalispell Richard Dasen Mailing Address P0. Bm 1134, Kalispell, MT 59903 phone (406) 755-3208 fax (406) 755-3218 . L ,r RICHARD A. DASEN 400 W. VALLEY DRIVE KALISPELL, MT 59901 TELEPHONE: (406)755-6864 June 3, 1998 State DEQ % Flathead County Health Department 723 5°i Avenue E. Kalispell, MT 59901 RE: Southfield Park, Parcel 2, N W 1/4, Section 20, T28N, R21 W, Flathead Cowity, MT Dear Sits: This letter will authorize Jackola Engineering & Architecture, P.C. as designated agent to perform inspections and as-builts on the water, sewer, storm drainage and roads for the Southfield Park project. DEPARTMENT OF ENVIRONMENTAL QUALITY PERMITTING AND COMPLIANCE DIVISION MARC RACICOT, GOVERNOR STATE OF MONTANA (406)444-3080 May 26, 1998 FAX (406)414-1374 JACKOLA ENGINEERING INC BOX 1134 KALISPELL MT 59903-1134 RE: Southfield Park Flathead County E.Q.#98-2579 Dear Mr. Jackola: METCALF BUILDING 1520 E SIXTH AVE PO Box 200901 HELENA, MONTANA 5%20-0901 This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with the Sanitation in Subdivisions Act, Title 76, Chapter 4, MCA 1995, and the administrative rules, ARM Title 17, Chapter 36, Sub -Chapters 1, 3, & 6. Under 764-111 (3), MCA, this subdivision is not subject to The Sanitation in Subdivisions Act, and can be filed with the county clerk and recorder. Since this subdivision is in a master planned area, and has fulfilled the requirements of the master plan exclusion, the plat can be filed. Please note, however, the requirements of the Public Water Supply Act, Title 75, Chapter 6, MCA. No construction of water supply or sewage disposal facilities can commence until the Department has approved plans for those facilities submitted under Title 75, Chapter 6, and ARM Title 17, Chapter 38, Sub -Chapter 4. Plans and specifications must be submitted when extensions of any system of water supply, water distribution, sewer, wastewater or sewage treatment or disposal is proposed. Construction prior to approval is prohibited, and is subject to the penalty prescribed in the Public Water Supply Act, Title 75, Chapter 6, Section 113, MCA. Where these plans have received approval from DEQ no further review is necessary. Where they have not received approval it is necessary to obtain approval prior to any construction. Sincerely, lfa4e 4L14L � Mary oeder Water Quality Specialist Subdivision Section Water Protection Bureau cc: City Engineer, City of Kalispell file AN EOUAL OPPORTUNITY EMPLOYER- Kalispell Fire/Ambulance Dept. 336 1 st Ave. East • P.O. Box 1997 Kalispell, MT 59903-1997 June 24, 1998 Jackola Engineering Thor Jackola 317 First Avenue East Kalispell, Mt 59901 Dear Thor: Telephone 406-758-7764 Fax 406-758-7758 At this time the Kalispell Fire Department cannot determine the number or placement of fire hydrants at Southfield Park. We will have to address this issue at the time building permits are to be issued. The size and type of building will determine the number and placement of fire hydrants. We do agree to the interior road design and placement of one hydrant in the middle of the subdivision at this time. Sincerely, C� Ted Waggener, Fire Chief City of Kalispell Montana Department of Transportation P.O. Box 7308 Kalispell, MT 59904-0308 (406) 755-5717 June 18, 1998 Mr. Thor Jackola P.O. Box 1134 Kalispell, MT 59903 Subject: Access to Haven Property Via US 93 Dear Mr. Jackola: Marc Racicot, Governor As we have discussed on several occasions, the access to the Haven property will be from 18`h, which is a city street, the private road in the area where there is a current street by Lions Park, and on 3`d which is also a city facility. We will continue to work with you and the access throughout the development of the Ashley Creek to Kalispell project and with the Haven project planning. SLH!slh/jackola.doc cc: Larry Brazda Area File An Equal opportunity Enpinyr, �.i -,J' i CERTIFICATE OF PLAT File No. FM-22372 Policy No. J-139532 SUBDIVISION OR PROPOSED SUBDIVISION FEE: $200.00 Subdivision Plat of Southfield Park SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY, GUARANTEES Richard A. Dasen FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS In a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, Impart constructive notice of matters affecting the title to the lands described on the attached legal description: A tract of land located in the North Half of the Northwest Quarter of Section 20, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana, and more particularly described as follows: Commencing at the Northwest comer of Parcel 2 of Certificate of Survey No. 12140, records of Flathead County and which point is the intersection of the South right of way boundary of 18th Street and the East right of way boundary of U.S. Highway 93 and which point is the True Point of Beginning; thence South 33°02'26" East, on and along said East right of way boundary of U.S. Highway 93, a distance of 688.39 feet to a point; thence North 63014'05" East, and leaving said East right of way boundary, a distance of 270.51 feet to a point and which point is in the midst of a curve and which point lies on the West right of way boundary of 3rd Avenue East; thence Northwesterly, on and along said West right of way boundary and on a curve to the left (Delta = 21°53'14", Radius = 1392.50 feet and Radial Bearing = South 74003'41" West), an arc length of 531.94 feet to a point of compound curve; thence Westerly, on a curve to the left (Delta = 51°56'53", Radius = 55.00 feet and Radial Bearing = South 40°56'04" West), an arc length of 49.87 feet to a point of reverse curve; thence Southwesterly, on a curve to the right (Delta = 13"33'54", Radius = 559.88 feet and Radial Bearing = North 19°33'45" West), an arc length of 132.55 feet to a point of non -tangency and which point lies on said South right of way boundary of 18th Street; thence North 89051'48" West, on and along said South right of way boundary, a distance of 202.29 feet to the True Point of Beginning. To Be Known as Subdivision Plat of Southfield Park. (1) Parties having record title Interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenue, and other easements offered for dedication by said Plat are: Richard A. Dasen (2) Parties holding liens or encumbrances on the title to said lands are: (3) Easements, claims of easements and restriction agreements of record are: A. Resolution for Designation of Limited Access Highway executed by the State Highway Commission, recorded October 25, 1991, as Doc. No. 91-298-15550, records of Flathead County, Montana. (Affects: Section 20 and other property) B. Resolution No. 1060A executed by the Flathead County Commissioners for an amendedment to the Kalispell City -County Master Plan by adding the Kalispell City Airport Neighborhood Plan as an Addendum, recorded February 6, 1995, as Doc. No. 95-037-08300, records of Flathead County, Montana. C. Ordinance No. 1242 for the approval of the Kalispell City Airport/Athletic Complex Redevelopment Plan, recorded December 31, 1996, as Doc. No. 96-366-14450, and recorded January 16, 1997, as Doc. No. 1997-016-14310, records of Flathead County, Montana. D. Right of Way for public utilities (if any) installed in any portion of Lion Park Street. We find the described property to be in City of Kalielgll Fire District. DATED: May 27, 1998 at 8:00 a.m. Authorized Signatory Subscribed and Sworn to before me this day of ,19 . Notary Public for the State of Montana Residing at My commission expires SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this _'day of June, 1998, by and between the CITY COUNCIL, CITY OF K�PELL, MONTANA Party of the First Part and hereinafter referred to as the CITY, and (Name of Developer) mvtauai, uompany or t located at (Street Address/P.O. Box) / (City, County, State, Parry 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 Southfield Park located at Former Haven Field site, Highway 93 South, Kalispell, MT and, WHEREAS, the City has conditioned its approval of the final plat of Southfield Park 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 $400,000. 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 $500,000. 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: a. That the creditor guarantees funds in the sum of $500,000, the estimated cost of completing the required improvements in Southfield Park. UC1icatFi1e*d995.96 naive is 970udew-H.vml961211.1lSusdivism Itivrove=nt Agee.aoc 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 funds 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 June 15, 1999. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: M 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 schedule of actual construction costs has been filed with the City; 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 responsible for their preparation that all required improvements have been installed in conformance with said specifications. 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 form the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall famish 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 \\B0a\D-MrVEC5exffUM1995-% Aaivc in n0al,. HXVM�96121 1-1\s� Impm mm Agee.doc specifications, or within the required time limits, it may withdraw the collateral and employ such funds 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 WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. SOUTHFIELD PARK (Title) STATE OF MONTANA COUNTY OF FLATHEAD On this j At e�- day o�June, 1998, before me, a Notary Public for the State of Montana, personally appeared //'1 Cyr ct_� �. �i�r �}.�� . , known to be to be the ef , whose name is subscribe8 to the foregoing instrument and acknowledged to me that he 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 th�te of Montana Residing at Kalispell, MT My Commission Expires /C - If - tr y MAYOR, CITY OF KALISPELL ATTEST: Mayor Finance Director L\CNcztR1C4A995-96 Actin sa 9743w a Hrvw!%1211-11SabdMsion Tmpr mint AV c .doe EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. See Attached LACdesX1995-96Active:970iu1aw R vw\961x11-r.Snsdn mm hWrovemencAg .doc Southfield Park Subdivision Minimum Required Improvements 3rd Ave East R.W. $ 30,600.00 18th St. R.W. $ 13,950.00 8 Lighting Poles $ 24,000.00 Storm Drainage $ 75,950.00 Water Extension $ 10,100.00 Sewer Extension $ 11,400.00 Signage $ 8,000.00 Utilities $ 40,000.00 28 Trees $ 5,000.00 Sub Total $ 219,000.00 125% Bonding Requirement $ 273,750.00 `•' r 'TA U53im -71711 Jr- SouthField Park Subdivision Exhibit B Minimum Required Improvements 3rd Ave East R.W. $ 30,600.00 18th St. R.W. $ 13,950.00 Paving, Walks, Curbs $ 120,000.00 12 Lighting Poles $ 36,000.00 Storm Drainage $ 75,950.00 Water Extension $ 10,100.00 Sewer Extension $ 11,400.00 Signage $ 8,000.00 Utilities $ 40,000.00 Construction Staking $ 24,000.00 Paint Striping $ 20,000.00 28 Trees $ 5,000.00 Misc. $ 5,000.00 Sub Total $ 400,000.00 125% Bonding Requirement $ 500,000.00 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this %2lday of &, 1998, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and�,�ir7 (Name of Developer) located at 7ividual.. Company or Corpo tion) (Street Address/P.O. Box) (City, County, State, Zip) 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 Southfield Park located at Former Haven Field site, Highway 93 South, Kalispell, MT - WHEREAS, the City has conditioned its approval of the final plat of Southfield Park 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 $219,000. 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 $273,750. 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: a. That the creditor guarantees funds in the sum of $273,750, the estimated cost of completing the required improvements in Southfield Park. �1S0BM,DRIVE1Chc%FtJ=1995-96Aai m9TOutl& -Hsv=a961211- I1ComspmdmcelSub1aRA& doc 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 funds 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 June 15, 1999. 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: and, 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 schedule of actual construction costs has been filed with the City; 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 responsible for their preparation that all required improvements have been installed in conformance with said specifications. 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 form the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall famish 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 \\B0B\D-DRIVE\CliewFdem1995% Active in 97\0udaw-FLvm1961211- 11Couespondmm\Salmp A& doc specifications, or within the required time limits, it may withdraw the collateral and employ such funds 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 WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. SOUTHFIELD ••' (Title) STATE OF MONTANA COUNTY OF FLATHEAD On this 'V. day pf 1998, before me, a Notary Public for the State of Montana, personally appeared d.� { - , known to be to be the of`G�,r �,1'J ':�_ E, , whose name is subscribed to the foregoing instrument and acknnWledged to me that he 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 tljk State of Montana Residing at Kalispell, MT My Commission Expires X� - MAYOR, CITY OF KALISPELL ATTEST: Mayor Finance Director AB08\D-DRIVE\C5c=Fiks,199S-96 Aain ® 47VOWkw Hms\%1311- jronrs mdmce\SabtntAg.dm DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS SOUTHFIELD PARK (Retail/Commercial/Office) THIS DECLARATION, made this :,Vh day of 19 iu� , 1998, by Richard Dasen, hereinafter referred to as "DECLARANT," WITNESSETH; That WHEREAS, Richard Dasen is the owner of real property situated in Flathead County, Montana, described herein on Exhibit "A", (Note: herein just the legal description of the Retail/Commercial/Office of Southfield Park) a copy of which is attached hereto and by this reference made a part hereof. This property is that portion of the Southfield Park designated Retail/Commercial/Office. That WHEREAS, Declarant is desirous of subjecting all of said property hereinabove described on Exhibit "A" to the Conditions, Covenants and Restrictions hereinafter set forth, each and all of which is and are for the benefit of said property and for each owner thereof and shall inure to the benefit and pass with said property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any owner thereof; NOW, THEREFORE, the Declarant, being the owner of all of the real property above - described, hereby declares that the said real property is, and shall be, held, transferred, sold and conveyed, subject to the conditions, restrictions, covenants and reservations hereinafter set forth; and All persons or corporations who now or shall hereafter acquire any interest in and to the above - described property shall be held to agree and covenant with the owner of any of the property hereinabove described, or any parcel thereof, and with their heirs and successors and assigns, to conform to and observe the following covenants, restrictions, and conditions as to the use thereof, and as to the construction improvements thereon. ARTICLE I. DEFINITIONS Section 1: "Declarant" herein mentioned is Richard Dasen. Section 2: "Association" shall mean Southfield Park Property Owners Association. Section 3: "Owner" shall mean and refer to the person or persons owning a parcel of land in fee simple, absolute, individually or as an owner in any real estate tenancy relationship recognized under the laws of the State of Montana, including a unit ownership pursuant to a recorded unit ownership declaration. Section 4: "Common Area" shall mean all real property owned or maintained by the Association for the common use, including but not limited to roadways and easements. Access and -i- parking for recreational facilities (Lion's Park) is part of the common area for common use and enjoyment of others. Section 5: "Lot" shall mean any plot of land shown upon any recorded subdivision plat or map of the property. Section b: "Vote" or "voter", shall mean one vote per lot. ARTICLE H. ARCHITECTURAL REVIEW COMMITTEE Section 1. Members/Terms: The Architectural Review Committee shall consist of Richard Dasen and Mr. Dasen's two other appointed members. The members of the Architectural Review Committee may be appointed and removed at the sole discretion of Mr. Dasen or his assigns. Section 2. Function of the Architectural Review Committee: All owners intending to construct any structure whatever upon any lot, shall first submit their plans and specifications, in writing, to the Architectural Review Committee. All plans for the construction of any building, private road or driveway, fence, wall or other structure to be erected upon any lot and the proposed location thereof upon any lot and any change, after approval thereof, any remodeling, reconstruction, alteration or addition to any building, road, driveway, or other structure upon any lot in said premises, shall require written approval of said Architectural Review Committee. Before beginning the construction of any building, road or driveway, parking lot, fence, wall or other structure whatsoever, or remodeling, reconstruction or altering such road, driveway or structure upon any lot, the person or persons desiring to effect, construct or modify the same shall submit to the Architectural Review Committee, an adequate set of plans and specifications thereof including front, side, and rear elevations, floor plans for each floor, exterior color schemes, a block or plot plan indicating and fixing the exact location of such structure or such altered structure on the grading plan, if requested. A reasonable fee shall be paid to the Architectural Review Committee with such plans, said fee to be set by said Committee. (Preliminary sketch of plan may be submitted prior to the execution of detailed drawings.) In the event the proposed improvement shall be one for repainting or redecorating the exterior of such structure without remodeling or changing it, or making additions thereto, it shall only be necessary to file one color scheme of such proposed work and have the same approved prior to the commencement of such work. Section 3. ApprovaI by Architectural Review Committee: Approval by the Architectural Review Committee of all exterior plans and specifications must be submitted for approval in writing, and shall not be deemed to be a waiver by the Architectural Review Committee of the right to object to any of the features or elements embodied in such plans or specifications if and when the same features or elements are embodied in any subsequent plans or specifications submitted for approval for use on other building sites. In the event the Architectural Review Committee fails to act within thirty (30) days after the proposed plans and specifications of any structure have been submitted, in writing, or in any event, if no suit to enjoin the construction has been commenced prior to the completion of an entire dwelling, no specific approval shall be required for such structure and the pertinent provisions to the Declaration shall be deemed to have been fully complied with. The Architectural Review Committee may, at any time, inspect any building or property located in said subdivision for the -2- purpose of determining whether the exterior of said building conforms to these covenants. Approval of such plans and specifications shall be evidenced by written endorsement on such plans or specifications, a copy of which shall be delivered to the owner or owners of the lot upon which the prospective building, road, driveway or other structure is contemplated, prior to the beginning of such construction. No changes or deviations in or from such plans and specifications as approved, shall be made without the prior written consent of the Architectural Review Committee, and construction shall be completed within one (1) year from date of approval of said plans and specifications. A maximum of one (2) year extension shall be granted where conditions justify an extension. Structural engineering shall be the responsibility of the owner. The Architectural Review Committee may waive such provisions contained in these covenants as they deem appropriate. In passing upon any plans and specifications submitted to it, the Architectural Review Committee shall consider: a) Suitability of the improvement and materials of which it is to be constructed to the site upon which it is to be located; b) The nature of the adjacent neighboring improvements; c) The quality of the materials to be utilized in any proposed improvements; and d) The effect of any proposed improvements on the adjacent or neighboring property. In passing on any plans and specifications, it shall be an objective of the Architectural Review Committee to make certain that no improvement will be so similar or so dissimilar to others in the vicinity that values, monetary or aesthetic, will be impaired, and to maintain for the benefit of the Architectural Review Committee and all subsequent individual lot owners, the nature character of the land and to require that all man-made structures blend into the natural background rather than stand out against it. The Architectural Review Committee may consult the Southfield Park Property Owners Association for the purpose of determining whether a particular request has any impact on property and structures within the Southfield Park development other than the property, the subject of these covenants. ARTICLE EEL MISCELLANEOUS RESTRICTIONS Section 1. Lot Size: Minimum lot size shall be 7,000 square feet with a minimum lot frontage of 70 feet. Section 2. Building Size: Each building or other structure shall be constructed, erected and maintained in accordance with the approved plans and specifications. All other uses specifically listed above have no specific size limitation other than what is necessary to achieve the setback, parking and approved building height limitations. Section 3. Setbacks: All setbacks shall be in accordance to City of Kalispell requirements. -3- Section 4. Utilities: All utilities including but not limited to power, electric, and telephone shall be underground. Section 5. Continuily of Construction: All structures shall have the exterior completed within twelve (12) months of commencement of construction unless an extension is granted in writing by the Architectural Review Committee. Section 6. Temporary Structures: No trailer, basement, tent, shack, garage, barn or other outbuilding erected or placed on any lot shall at any time be used as a permanent residence. Any of the aforementioned structures shall be erected at any time without the written approval of the Architectural Review Committee. Section 7. Garbage: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste, shall be kept in covered, reasonable airtight containers. Such containers must be kept in an enclosed area. Section 8. Signs: No signs, billboards or other advertising structure of any kind shall be erected, constructed or maintained on any parcel for any purpose whatsoever, except such signs as have been approved by the Architectural Review Committee and the City of Kalispell. A kiosk -type structure shall provide a common entrance and identification sign for all of the business tenants located in the area described in Exhibit "A". Section 9. Parking: All lot owners shall be responsible for providing on -site parking in accordance with the Kalispell Zoning Ordinance for the intended uses. Section 10. Nuisance: No noxious or offensive activity shall be carried on nor shall anything be done or permitted which shall constitute a public nuisance therein. Plan. Section 11. Li tin : Lot lighting shall be consistent throughout in type as noted on the Site Section 12. Landscaping: Submit to Architectural Review Committee for approval. Section 13. Parking: Cross Easements: All properties shall have cross easements parking with each other lot except specifically assigned individual spaces on each lot by name. ARTICLE IV. ENFORCEMIENT Section 1. Interested Parties: Any owner shall have the option and right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations and charges now or hereafter imposed by the provisions of this Declaration. The method of enforcement may include proceedings to enjoin the violation, to recover damages, or both. Failure by any owner to enforce any such provision shall in no event be deemed a waiver of the right to do so thereafter. The City of Kalispell is an interested party and shall like an owner, at its sole election, also has the authority to enforce these Covenants. -4- Section 2. Severability: Invalidation of any one of these covenants or restrictions by judgment or court order, shall in no wise affect any other provision which shall remain in full force and effect. ARTICLE V. TERM The provisions of these protective covenants are to run with the land and shall be binding upon all parties and all persons claiming under them, for a period of twenty (20) years from the date they are recorded, after which time said protective covenants shall be automatically extended for successive periods of ten (10) years unless an instrument executed by the owners of seventy-five percent (75%) of the land described in Exhibit "A", has been recorded agreeing to terminate said protective covenants or change them in whole or in part. Each parcel of land, regardless of size or of any deeded ownership interest in a condominium unit shall be entitled to one vote under this Article. ARTICLE VI. AMENDMENT This Declaration may be amended by an instrument signed by the owners of Seventy-five Percent (75%) of the land described in Exhibit "A", which instrument has been recorded, agreeing to such amendment. Each parcel of land, regardless of size or of any deeded ownership interest in a condominium unit shall be entitled to one vote under this Article provided that in any event an amendment shall not be valid unless approved in writing by the City of Kalispell. IN WITNESS WH 1-UOF, the Declarant has executed this instrument the da and first above written. STATE OF MONTANA SS. County of Flathead 0 Zffai U.1 .0 1XV1 NO On this ,x ^r'� &v of <. � vK L , 1998, before me, the undersigned, a Notary Public for the State of Montana, personally appeared RICHARD DASEN, known to me to be the person whose name is sut—cribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WI-1" REOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate ; , ;,st above written. (seal) NOTARY * SEAL Notary Public f6r the State of Montana Residing at. �%Jl%. , Montana My commission expires !, -,� 1- a > -5-