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2. Final Plat - Lee's Meridian Business Parki • Flathead Regional Development Office 723 5th Avenue East - Room 414 Kalispell, Montana 59901 REPORT TO: FROM: SUBJECT MEETING DATE: Kalispell Mayor and City Council Narda A. Wilson, Senior Planner Chris A. Kukulski, City Manager Final Plat for Lee's Meridian Business Park January 8, 2001 Phone: (406) 758-5980 Fax: (406) 758-5781 BACKGROUND: This is a request for final plat approval of Lee's Meridian Business Park, a seven lot commercial subdivision located on the west side of Meridian Road at the western terminus of Center Street approximately 200 feet south of Appleway Drive. The applicant annexed into the city of Kalispell and a received a zoning assignment of B-2, General Business, in May of 2000 for the purpose of doing this subdivision. The total area in the subdivision is 3.548 acres with 2.74 acres in lots and 0.72 acres in roads. The subdivision has an internal roadway that will serve the individual lots and aligns with Center Street to the east that will be dedicated to the City of Kalispell as part of the final plat process. The water, sewer and storm drain systems have been constructed in accordance with City standards as well as other required improvements. A few minor improvements remain to be completed that generally relate to landscaping. A subdivision improvements agreement has been submitted that addresses these issues and security posted in the amount of 125 percent of the cost of remaining work in the form of a certificate of deposit. Preliminary plat approval was granted by the Kalispell City Council at their May 15, 2000 regular meeting subject to 14 conditions. All of the required conditions have been met or otherwise adequately addressed. RECOMMENDATION: Acceptance of the subdivision improvements agreement and approval of the final plat for Lee's Meridian Business Park would be in order. FISCAL EFFECTS: ALTERNATIVES: iAtwx- t. h� Narda A. Wilson Senior Planner Potential minor positive impacts once developed. As suggested by the city council. Report compiled: January 3, 2001 Chris A. Kukulski City Manager Attachments: Letter of transmittal Final plat application and supporting documents C: Theresa White, Kalispell City Clerk UP00-3MEM.130C Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Flathead Regional Development Office 723 5th Avenue East - Room 414 • Kalispell, Montana 59901 Phone: (4D6)758,5980 Fax: (406) 758-5781 January 3, 2001 Chris Kukulski, City Manager City of Kalispell P.O. Drawer 1997 Kalispell, MT 59901 Re: Final Plat for Lee's Meridian Business Park Dear Chris: Our office has received an application from Carver Engineering for final plat approval of Lee's Meridian Business Park that will plat seven commercial lots on approximately 3.55 acres. An internal roadway serves the lots and aligns with Center Street to the east will be dedicated to the City of Kalispell as part of the final plat process. The property is located property proposed for this development is located on the west side of Meridian Road at the western terminus of Center Street approximately 200 feet south of Appleway Drive. The property was annexed to the city of Kalispell in May of . 2000 and given a City zoning designation of B-2, General Commercial. The preliminary plat was approved by the City Council at their May 15, 2000 regular meeting subject to 14 conditions. A subdivision improvements agreement has been submitted to address some minor improvements generally related to landscaping that are not yet complete and security in the amount of 125 percent of the improvements has been submitted in the form of a certificate of deposit. The following is a list of the conditions of approval and a discussion of how they have been met or otherwise addressed. • COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No 1. That subdivision shall be in compliance with the preliminary plat, which shall govern the general location of the lots, roadways and improvements. This condition has been met. The subdivision complies with the approved preliminary plat design. Condition No 2. The developer shall obtain a Certificate of Subdivision Approval from the Montana Department of Environmental Quality and obtain a letter from the Kalispell Public Works Department, which states that the water and sewer facilities have been reviewed and approved for compliance with the City of Kalispell's Design and Construction Standards. Providing Community Planning Assistance To: • Flathead County • City of Columbia Falls • City of Kalispell • City of Whitefish Final Plat for Lee's Meridian Business Park January 3, 2001 Page 2 • This condition has been met. Certificate of Subdivision Approval from MDEQ #E.Q. 01-1163 dated 9/18/2000 and a letter from the Kalispell Public Works department dated 9/ 12/2000 has been submitted with the final plat. Condition No 3. The internal roadway shall be designed and constructed in accordance with the City of Kalispell's Design and Construction Standards and that a letter be obtained from the Kalispell Public Works Department verifying their construction. • This condition has been met. Some minor work remains on the roadway that has been addressed through the subdivision improvements agreement. The existing roadway work has been certified by Carver Engineering. Condition No 4. A five foot sidewalk shall be installed along the west side of Meridian Road that connects to the pedestrian path proposed to the north of the subdivision and crosses the railroad right-of-way in accordance with a plan approved by the Kalispell Parks and Recreation Department. • This condition has been adequately addressed. The sidewalk improvements have been included as part of the subdivision improvements agreement. Condition No S. An engineered storm water management plan shall be designed in accordance with the Kalispell Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department prior to final plat approval. • This condition has been met. The drainage plan was designed in accordance with City standards and the plans approved by the City in the letter dated 9/ 12/00. Condition No 6. A traffic analysis shall be submitted to the Kalispell Public Works Department concurrently with the utility submitted which uses a model based on the most intensive uses of the property which might be allowed under the commercial zoning and that alternatives for mitigation of the potential traffic impacts be identified. • This condition has been met. A traffic study was submitted to the City and has satisfied the requirements of the Kalispell Public Works Department. Condition No 7. A letter be obtained from the Kalispell Fire Department approving the fire access and suppression system for compliance with the Uniform Fire Code. This condition has been met. A letter dated 11/22/00 from the Kalispell Fire Marshal has been submitted with the final plat. Condition No S. The alignment of the new internal roadway with Center Street be reviewed and approved by the Kalispell Public Works Department. • 0 • Final Plat for Lee's Meridian Business Park January 3, 2001 Page 3 • This condition has been met. The roadway alignment has been reviewed and approved by the Kalispell Public Works Department as part of the infrastructure review and analysis. Condition No 9. All new utilities for the subdivision be placed underground. • This condition has been met. All of the utilities have been installed and placed underground. Condition No 10. An additional ten -feet of right-of-way along Meridian Road be indicated on the final plat. • This condition has been met. The additional right-of-way has been noted on the face of the final plat. Condition No 11. That a 60-foot right-of-way easement between proposed Lots 5 and 6 be indicated on the final plat for future roadway extension • This condition has been met. The right-of-way has been indicated on the face of the final plat. •Condition No 12. That a "no access to railroad" strip be indicated on the final plat along Lots 1 through 5. • This condition has been met. The required noted has been placed on the face of the final plat. Condition No 13. That a buffering be provided along the southern boundary of the subdivision which complies with the Kalispell zoning ordinance, i.e. a six-foot site obscuring fence or coniferous hedge. • This condition has been adequately addressed. This condition has been addressed as an item in the subdivision improvements agreement. Condition No 14. That the preliminary plat shall be valid for a period of three years from the date of its approval. • This condition has been met. The final plat was submitted prior to expiration of preliminary plat approval. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was submitted and approved. • Final Plat for Lee's Meridian Business Park January 3, 2001 Page 4 • COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS: This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the B-2, General Commercial, zoning standards which govern the development standards of the lots within the subdivision. RECOMMENDATION: All of the conditions of preliminary plat approval have been met or otherwise adequately addressed. The Flathead- Regional Development Office recommends that the Kalispell City Council accept the subdivision improvements agreement and approve the final plat for Lee's Meridian Business Park and schedule this matter for the regular city council meeting of January 8, 2001. Sincerely, Narda A. Wilson Senior Planner Attachments: 1 opaque mylars of final plat 1 reproducible mylar of final plat 1 copy of final plat Ltr from Carver Eng dated 12/5/00 Final plat application dated 12/ 11/00 Ltr from DEQ dated 9/ 18/00 Ltr from Public Works dated 9/ 12/00 Ltr from Public Works dated 9/ 12/00 Ltr from Fire Marshal dated I I/22/00 Subdivision improvements agreement dated 12/5/00 Certificate of deposit receipt for SIA Title report from First American Title 11/28/00 Consent to plat from Wells Fargo Bank 12/5/00 Treasurers Certification dated 12/5/00 Cw/att: Theresa White, Kalispell City Clerk c: Sands Surveying, 1995 Third Ave. East, Kalispell, MT 59901 Carver Engineering, 1995 Third Ave. East, Kalispell, MT 59901 Gwenn Lee, 82-271 Waring Way, Indio, CA 92201 H: \... \KFP00-3 NW s 0 R, w 'L r.= Carver Engineering, Inc. December 5, 2000 APPLICATION "ATPPIAL vRF- r ��•.4.: ' ' DEC 1 1 2000 k �Y Narda Wilson F. R. D.O. Flathead Regional Development Office 723 - 5th Avenue East Kalispell, MT 59901 Re: Lee's Meridian Business Park - Final Plat Submittal Dear Narda:. Consulting Engineers Civil Structural Environmental The following are preliminary plat approval conditions and a brief discussion how each condition has been met. 1 . The subdivision is in compliance with the preliminary plat. 2. A Certificate of Subdivision Plat Approval has been obtained from the MDEQ (E.Q. #01-1163 - dated September 18, 2000), and a letter, dated September 12, 2000, has been obtained from the City of Kalispell approving plans and specifications for water and sewer improvements. 3. The roadway within Lee's Meridian Business Park was designed in accordance with the City of Kalispell Standards for Design and Construction, and with the exception of the valley gutter at the entrance and sidewalks, the road was constructed in accordance with said Standards, as well as approved plans and specifications. Costs for the valley gutter and sidewalks have been included in the accompanying Subdivision Improvement Agreement. A letter from the City verifying that construction was in compliance with the City's standards cannot be written until all road work is fully complete. 4. As shown and required on the plans, a 5-foot sidewalk will be constructed along the west side of Meridian Road running from the railroad tracks to the southeast corner of the subdivision. Construction of this sidewalk, as well as other sidewalks in the subdivision, could not be completed due to. adverse weather conditions; therefore, the costs for sidewalk construction have been included in the accompanying Subdivision Improvement Agreement. Page 2 Lee's Meridian Business Park December 5, 2000 • 5. A stormwater drainage plan was designed in accordance with City of Kalispell requirements, and the plans and specifications for stormwater drainage improvements were approved by the City. See letter from Dick Amerman, P.E. dated September 12, 2000. 6. A traffic analysis was prepared and submitted to the City of Kalispell with plans for other infrastructure improvements. 7. See letter from Kalispell Fire Marshall dated November 22, 2000. 8. Plans for the new roadway in Lee's Meridian Business Park were reviewed and approved by the Kalispell Public Works Department. 9. All new utilities - electric, telephone, natural gas and cable TV - have been placed underground. 10. An additional ten (10) feet of right-of-way, along the west side of Meridian Road, has been provided on the final plat. 11. A 60-foot right-of-way at the end of the cul-de-sac and between Lots 5 • and 6, has been provided on the final plat. 12. A "No Access To Railroad" strip is shown on the final plat. 13. A Landscape Buffer Strip, along the south boundary of the subdivision, has been provided on the final plat, and a 6-foot high chain link fence has been constructed along the south boundary. Site obscuring webbing has not yet been installed and the cost of this work is included in the Subdivision Improvement Agreement. It should be noted that plans submitted to the City of Kalispell for review and approval included details for the road, sidewalks, and curbs & gutters, as well as for water, sewer and stormwater drainage improvements. The traffic study was also included with the submittal. Although the approval letter from Dick Amerman only addresses water, sewer and stormwater systems, the City did approve the entire set of plans. If necessary, we can ask Dick to rewrite his letter to specifically identify the other improvements. Sincerely, *�ONTA q CARVER ENGINEERING, INC. 65 THOMASM. 4 COWAN � • 10323 P.E. 4o Tom Cowan, P.E. 0 0 Flathead Regional Development Office 723 5'h Ave. East Room 414 Kalispell, MT 59901 Phone: (406) 758-5980 Fax: (406) 758-5781 APPLICATION MATERIAL ;4-41-f FINAL PLAT APPLICATION DEC 11 2000 PROJECT NAME: Plat of Lee's Meridian Business Park x„ CONTACT PERSON: OWNER: F. R. D. Q, Name: Tom Sands Gwenn Lee Address: 1995 3rd Ave. East 82-271 Waring Way Kalispell, MT 59901 Indio . CA 92201 Phone No.: 406-755-6481 760-347-9348 Date of Preliminary Plat Approval: MU 15. 2000 Type Subdivision: Residential XX Industrial No. of Lots Proposed: % Land in Project (ac.): 3 . S'Jr X ac. FILING FEE ATTACHED: $ iro—/S. CC Commercial Minor Subdivision Major Subdivision Parkland (ac.) Cash -in -Lieu Exempt PUD Other _ $250 + $25/lot $500 + $25/lot Preliminary Plat Waived $450 + $25/lot Subdivision Improvements Agreement $50 Not Attached Aonlicable (MUST CHECK ONE) Health Department Certification (original) — 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) Plats: 1 xerox copy (hard back) 1 mylar copy 3 blueline's The plat must be signed by all owners of record, the surveyor and examining land surveyor. i Attach a letter which lists each condition of preliminary plat approval and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final application must be submitted no less than 30 days prior to expiration date of preliminary plat. When all final plat materials are submitted to the F.R.D.O. and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittal's will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the Planning Board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for F.R.D.O. staff to be present on the property for routine monitoring and inspection during the approval and development process. i Owner(s) Signature ate is Montana Department of Ego AL q Marc Racicot, Governor P.O. Box 200901 • Helena, MT 59620-0901 a (406) 444-2544 • E-mail: www.deq.state.mt.us September 18, 2000 TOM COWAN CARVER ENGINEERING 1995 THIRD AVENUE EAST KALISPELL MT 59901 RE: Lee's Meridian Business Park Flathead County E.Q.#01-1163 Dear Mr. Cowan: The plans and supplemental information relating to the water supply, sewage, solid waste disposal facilities, and storm drainage (if any) for the above -referenced division of land have been reviewed as required by ARM Title 17 Chapter 36 (101-805) and have been found to be in compliance with those rules. Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed at the office of the county clerk and recorder. The duplicate is for your personal records. Development of the approved subdivision may require a General Discharge Permit for Storm Water Associated with Construction Activity. Please contact Brian Heckenberger at (406)444-5310 for more information. Failure to obtain 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 responsibilities according to the plat approval statement primarily with regard to informing any new owner as to any conditions that have been 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 764-126, MCA and the Montana Administrative Procedures Act. If you have any questions, please contact this office. Sincerely, Y rs PL I) Theresa lazicevich Supervisor Subdivision Section • Water Protection Bureau c: file Flathead County Sanitarian Owner Centralized services Division • Enforcement Division • Permitting & Compliance Division • Planning, Prevention & Assistance Division • Remediation Division • STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATE OF SUBDIVISION PLAT APPROVAL (Section 76-4-101 through 76-4-131, MCA 1995) TO: County Clerk and Recorder E.Q. #01-1163 Flathead County Kalispell, Montana THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision known as Lee's Meridian Business Park A tract of land located in NE 1/4 NE '/4 Section 13, Township 28 North, Range 22 West, Principal Meridian Montana, Flathead County, Montana consisting of 7 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 sizes 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 locally -approved commercial building, with wastewater flow not to exceed 500 gallons per day, and, THAT the public water supply and public sewage disposal shall be provided by the City of Kalispell, and, THAT the public water supply and public sewage systems shall be constructed in accordance with the approved plans and specifications, consisting of approximately 500 LF of 8-inch C900 PVC CL 150 water main, two hydrants, two gate valves, one flushing hydrant and appurtenances. The project also consists of approximately 500 LF of 8-inch SDR 35 PVC sewer main, five manholes and appurtenances. Approval is based on the plan sheets 1-6. Both the plans and specifications were received under the seal of Thomas M. Cowan P.E. #10323E, and, THAT construction will be completed within three years of the approval date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any • compliance schedule requirements associated with a Department enforcement action against a public water or sewage system, and, THAT the storm drainage system shall be constructed as shown on Sheet 4 of the approved plans, and, Page 2 of 2 Lee's Meridian Business Park • EQ#01-1163 Flathead County 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 construction, 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 bearing the signature and seal of the professional engineer, and, THAT plans and specifications for any proposed sewage treatment systems will be reviewed and approved by the county health department and will comply with local regulations and ARM Title 17 Chapter 36 subchapters 3 and 9 before construction is started, and, THAT instruments of transfer for this property shall contain reference to these conditions, and, THAT the developer and/or owner of record shall provide each purchaser of property with a copy of the Plat, and a copy of this document. 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 reviewing authority under Title 76, Chapter 4, MCA, and local health officer having jurisdiction, 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 2000. MARK SIMQC p DIRECT "� B • Zla3° ;1 / Theresa lazicevir='h,;•Soer s •' Subdivision Section•.,• �'• .....•� � t Permitting and Comp liaaiy�ijrb' •, Department of EnvironmentJ21!' ity-s Owner's Name: Gwetm Lee of Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 September 12, 2000 Tom Cowan, P.E. Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Mt. 59901 • Re: Lee's Meridian Business Park Dear Tom: The Plans and supporting documents for the referenced project have been reviewed and are hereby approved. Attached is a copy of the letter sent to DEQ concerning the systems' capacity. We look forward to working with you on this project. Respectfully, Richard Amerman, P.E. Assistant City Engineer Attachment: As Stated 0 of Post Office Box 1997 • Kalispell, Montana 59903-1997 • Telephone (406) 758-7700 • FAX (406) 758-7758 September 12, 2000 Mark Peterson Montana Department of Environmental Quality Subdivision Section Water Protection Bureau P.O. Box 200901 Helena, Montana 59620 Re: Lee's Meridian Business Park Flathead County E.Q.901-1163 Dear Mr. Peterson: This letter is to confirm that the City of Kalispell has reviewed and approved the plans and specifications prepared by Carver Engineering, Inc. for the referenced project. The City of Kalispell water, sanitary sewer and stormwater systems have adequate capacity to serve the project. Please feel free to call if you have any questions. Respectful , -��G%Zs�iud chard Amerman, P.E. Assistant City Engineer Copy To: Tom Cowan Carver Engineering, Inc. f • 0 CITY OF KALISPELL OFFICE OF THE FIRE MARSHAL P.O. BOX 1997 KALISPELL, MONTANA 59903-1997 (406) 758-7763 November 22, 2000 Carver Engineering, Inc. 1995 Third Avenue East Kalispell, Montana 59901 Dear Sir: After reviewing the general layout plans for Lee's Meridian Business Park, the hydrant • locations meet the specifications of the Kalispell Fire Department. Cordially, Fire Marshal City of Kalispell 0 • SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 5`�-6 day of be C 20 co, by and between CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and hereinafter referred to as the CITY, and GWENN LEE TRUST, 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 Lee's Meridian Business Pazk located in Kalispell, Montana in the NE 1/4, NE 1/4 of Section 13, Township 28N, Range 22W, Flathead County, Montana; and, WHEREAS, the City has conditioned it's approval of the final plat of Lee's Meridian Business 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 professional engineer included herewith as "Exhibit B'; and, WHEREAS, the estimated total cost of construction of said remaining improvements is the sum of $ 28.680.00 . 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 $ 35,850.00 . 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, certif*g the following: a. That the creditor guarantees funds in the sum of $ 35,850.00 , which represents 125% of the estimated cost of completing the required improvements in Lee's Meridian Business Park. 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 of Credit; • 2. That said required improvements shall be fully completed by May 1. 2001 . Page 1 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 schedule of actual construction costs has been filed with the City; and, 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 plans and 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 from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the plans and 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 plans and specifications, or within the required time limit(s), it may withdraw the collateral and employ such funds as may be necessary to construct the improvement(s) in accordance with the plans and specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. That as improvements are completed, the Developer may apply to the City for a release of part of the collateral deposited with the City. The proportion of the collateral released may not exceed the proportion which the improvements completed represent of all originally required improvements; otherwise, said Letter of Credit may not be withdrawn until released by the City. That this agreement shall inure to the benefit of and be binding upon any successors in interest, heirs, or assignees. • Page 2 IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seals • the day and year herein before written. LEES MERIDIAN BUSINESS PARK GWENN LEE TRUST is (Title) STATE OF MONTANA, COUNTY OF FLATHEAD On this day of , 20 CSC , before me, a Notary Public for the State of Montana, personally appeared _Tb h n 1 o�w v� known to me to be the person whose name is subscribed 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 Notary Seal this day and year first above written. „ ,I,I III�tNH„•,III �p"TAR), i %.......... J Notary Public for the State of nMontana Residing at Ea Q t_.oI .kk My Commission Expires f O /04 wy This agreement is hereby approved and accepted by the City of Kalispell this day of , 20_ MAYOR, CITY OF KALISPELL Lo Mayor ATTEST: Finance Director Page 3 RESOLUTION NO. 4553 • A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF LEE'S MERIDIAN BUSINESS PARK, LOCATED ON THE WEST SIDE OF MERIDIAN ROAD. AND MORE PARTICULARLY DESCRIBED ON EXHIBIT "A". WHEREAS, Gwenn Lee, the owner of certain real property described above, has petitioned for approval of the Subdivision Plat'of said property, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission held a public hearing on April 11, 2000, on the proposal and reviewed Subdivision Report #KPP-00-3 issued by the Flathead Regional Development Office, and WHEREAS, the Kalispell City -County Planning Board and Zoning Commission -has recommended approval of the Preliminary Plat of Lee's Meridian Business Park, subject to certain conditions and recommendations, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of May 1, 2000, reviewed the FRDO Report #KPP-00-3, reviewed the recommendations of the Kalispell City -County Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision,is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE. CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That the Findings of Fact contained in Flathead Regional Development Office Report #KPP-00-3 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Gwenn Lee -for approval of the Preliminary Plat of Lee's Meridian Business Park, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: 1. The subdivision shall be in compliance with the preliminary plat, which shall govern the general location of the lots, roadways and improvements. 2. The developer shall obtain a Certificate of Subdivision Approval from the Montana Department of Environmental Quality and obtain a letter from the Kalispell Public Works Department, which states that the water and sewer facilities have been reviewed and approved for compliance with the City of Kalispell's Design and Construction • Standards. 3. The internal roadway shall be designed and constructed -in accordance with the City of Kalispell's Design and Construction Standards and that a letter shall be obtained from the Kalispell Public Works Department verifying their construction. 4. A five foot sidewalk shall be installed along the west side of Meridian Road that connects to the pedestrian path proposed to the north of the subdivision and crosses the railroad right-of-way in accordance with a plan approved by the Kalispell Parks and Recreation Department. 5. An engineered storm water management plan shall be designed in accordance with the Kalispell Design and Construction Standards and shall be reviewed and approved by the Kalispell Public Works Department prior to.final plat approval. 6. A traffic analysis shall be submitted to the Kalispell Public Works Department concurrently with the utility submitted which uses a model based on the most intensive uses of the property which might be allowed under the commercial zoning and that alternatives for mitigation of the potential traffic impacts be identified. 7. A letter shall be obtained from the Kalispell Fire Department approving the fire access and suppression system for compliance with the Uniform Fire Code. S. The- alignment of the new internal roadway with Center Street shall be reviewed and approved by the Kalispell Public Works Department. 9. All new utilities for the subdivision shall be placed 'underground. 10. An additional ten (10) feet of right-of-way along Meridian Road shall be indicated on the final plat. 11. A sixty (60) foot right-of-way easement between Lots 5 s and 6 shall be indicated on the final plat for future roadway extension. a- 12. A "No access to railroad" strip shall be indicated on the final plat along Lots 1 through 5. • 13, A buffer shall be provided along the southern boundary of the subdivision which complies with the Kalispell Zoning Ordinance, i.e., a six-foot site obscuring fence or coniferous hedge. SECTION III. This Preliminary Plat approval shall be valid for a period of three (3) years from the date of approval. SECTION IV. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED -AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS 15TH DAY OF MAY, 2000. � �M•�.�ofiar5ki Wm. E. Boharski Mayor ATTEST: Theresa White City Clerk EXfIIBIT A LEGAL DESCRRPTION _ Gwenn Lee / Lee's Meridian Business Park - Annexation and Initial Zoning DESCRIPTION: A TRACT OF LAND, SITUATED, LYING, AND BEING IN NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.,M., FLATHEAD COUNTY, MONTANA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS TO WIT: Commencing at the northeast corner of the Northeast Quarter of Section 13, Township 28 North, Range 22 West, P.M., M., Flathead .County,, Montana; Thence along the east boundary of said NE1/4 S01*09'46"W 158.72 feet; Thence NW 50'14"W 50.00 feet to the westerly R/W .of Meridian Road, which is TEE TRUE POnM OF BEGINNING OF THE TRAM OF LAND HER DESCRIBED: Thence along said R/W S01009'46"W 329.09 feet; Thence leaving said R/W N89'35141"W 720.67 feet the southerly R/W of Burlington Northern Railroad, which point is on a 713.94 foot radius curve, concave southeasterly (radial bearing S50*24105"E); Thence northeasterly along said R/W and along said curve through a central angle of 36033416" an arc length of 455.49 feet; Thence N76*09111"E 358.51 feet to the point of beginning and containing 3.548 ACRES; Subject to and together with all appurtenant easements of record. is • • • EXHIBIT "B" CERTIFICATION OF WORK TO BE COMPLETED LEE'S MERIDIAN BUSINESS PARK SUBDIVISION ROAD - COMPLETED TO DATE 5-Dec-00 Item No. Description Unit Measure Estimated (luanthy Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 101 Unclassified Excavation C.V. 21050 $ 1.80 $ 3,690.00 2,050 $3,690.00 102 Select Sub -Base, 3" (-1 Pit Run Gravel LUMP SUM 1 S 8.000.00 $ 81000.00 100% $8,000.00 103 Crushed Base, 314" Crushed Gravel S.F. 22,000 $ 0.14 $ 3,000.00 22,000 $3.080.00 104 Hot Plant Mi. Asphalt 14' -Two Ll ts) S.F. 18,880 $ 0.75 $ 14,160.00 18,880 $14,160.00 105 Curb and Gutter L.F. 1,022 $ 7.00 $ 7,154.00 1,022 17.t1�100 106 Valle Gutter w!Aprons S.F. 320 5 4.00 $ 1,280.00 0 107 Sidewalk T' Wtdel w! Pre ared Base S.F. 6,900 $ 3.00 $ 22,100,01 0 SUBTOTAL ITEMS 101-107 $ 58,064.00 $36,08 WATER SYSTEM Hem No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 201 8' PVC Water Main (Outside Meridian Rd) L.F. 466 $ 24.00 $ 11,184.00 466 $11,184.00 202 8" PVC Water Main (Within Meddlan Rd) L.F. 24 S 36.00 $ 840.00 24 $840.00 203 8" Gate Valves and Boxes EACH 1 $ 800.00 $ 800.00 1 $800.00 204 12*x12'x6" Tapping Sleeve & Valve LUMP SUM 1 $ 3,800.00 $ 31800.00 100% $3,S00.00 206 Rre Hydrant w7 Aux. Valves EACH 2 $ 2,200.00 S 4,400.00 2 $4,400.00 206 Tees & MI=. Fltttln EACH 6 $ 250.00 $ 1,500.00 6 $1,500.00 207 1" Water Services EACH 7 8 500.00 $ 3,500.00 7 $3,500.00 208 Fluahln H dmm EACH 1 $ 600.00 $ 600.00 1 $600.00 SUBTOTALETEMS 201-208 1 1 $ 26,624.00 $26,624.00 SEWER SYSTEM Item No. Description Unit - Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 301 S" PVC Sewer Mein L.F. 503 $ 22.00 S 11,066.00 503 $11.066.00 302 4' Services EACH 7 $ 600.00 $ 3,500.00 7 $3.500.00 303 4' Diameter Manhole w/ Ring & Cover EACH 5 $ 900.00 $ 4,500.00 5 $4.500.00 304 Connect New Service to Exist. Service EACH 1 $ 500.00 $ 500.00 1 $500.00 SUBTOTAL ITEMS 301-304 $ 19,566.00 $19,566.00 STORMWATER DRAINAGE Item No. Description Unit Measure Estimated Quantit Unh Prim Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 401 8" PVC Storm Drain L.F. 92 $ 18.00 $ 11656.00 92 $1,666.00 402 12' PVC Storm Dmin L.F. 410 S 22.00 S 9,020.00 410 $9,020.00 403 Catch Basins w/ Frames S Grates EACH 4 $ 600.00 $ 2,400.00 4 $2,400.00 404 Connections to Existing SO Manholes EACH 2 $ 400.00 $ 800.00 2 $800.00 SUBTOTAL ITEMS 401-404 $ 13,876.00 $13.876.00 EXHIBIT "B" LEE'S MERIDIAN BUSINESS PARK LETTER OF CREDIT CERTIFICATION 12/05/00 1 OF 2 PAGES MISCELLANEOUS WORK COMPLETED TO DATE 5-Dec-OO Item Na.qAA—m Descd ban Unit Measure Estimated Quan - Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 501 Tolevards) C.Y. 66 $ 20.00 9 1,320.00 0 $0.00 502 S.F. 12,600 9 0.20 $ 2.500.00 0 90.00 503 rl Ing LUMP SUM 1 4 950.00 9 850.00 0% $0.00 504 rol LUMP SUM 1 S 500.00 8 500.00 100% 5600.00 505 EACH 2 3 300.00 S fi00.00 0 90.00 506 South Pro . Line LUMP SUM 1 $ 6,4GO.00 $ 5,400.00 90% $4,860:00 SUBTOTAL ITEMS 501-608 S 11, 170.00 $5,360.00 UTILITIES It.. NO. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 601 Li Trench L.F. 675 $ 2.00 $ 1,350.00 675 $1,350.00 602 Fumishfinstail 2" Conduit L.F. 2,020 4 1.80 S 3,636.00 2,020 $3,636.00 603 Furnish/Install 3" Conduit L.F. 1,350 $ 2.20 9 2.970,00 1,350 $2,970.00 604 Three Phase Transformer Vault EACH 3 4 300.00 $ 900.00 4 $1,200.00 SUBTOTAL ITEMS 601-604 S 8,856.00 $9,156.00 ENGINEERING, SURVEYING, UTILITY COMPANIES - PERMITS, FEES Item NO. Descrl tion QUantit Unit Price Total Price QUANTITY COMPLETS)COMPLETED TOTAL COST 701 Natural Gas (Montana Power COm en I 1 3 6,600.00 9 6.500.00100% 96,500.00 702 Tele hone Gentur el) 1 S 7,321.00 6 7,321.00 100% $7,321.00 703 WUnItEstimated Electrical IFEC) -Includes Street Li hce 1 S 8,264.00S8.264.00100% $8,264.00 704 MDEO Review Fee 1 9 7022-0 3 700.00 100% $700.00 706 PROD Final Plat Fee 1 S 550.00 S 550.00 100% $550.00 706 707 Engineering, Desl n & Construction 5urve Ing. Le al & Construction LUMP SUM 1 1 3 71,900.00 a 6,26G.GD 4 11,900.00 S ..250.00 90% 100% $10,710.00 $8,250.00 SUBTOTAL ITEMS 701-707 S 43,485.00 $42,295.00 TOTAL PROJECT BUDGET S 781,641.00 S 152,961.00 0 TOTAL ESTIMATED COST OF CONSTRUCTION 4 181,641.00 AMOUNT COMPLETED PRIOR TO BONDING S 152,961 DO AMOUNT OF REMAINING WORK _ $ 28,680.00 AMOUNT OF BOND(125% OF REMAINING WORK) $ 35,850.00 AMOUNT OF WORK COMPLETED TO DATE 9 152,961.00 PERCENTAGE OF WORK COMPLETED TO DATE 84% AMOUNT OF WORK REMAINING 4 28,680.00 ORIGINAL BOND AMOUNT 3 35,850.00 AMOUNT OF BOND TO BE RETAINED (12591- OF REMAINING WORK) $ 35,860.00 BOND AMOUNT TO BE RELEASED 9 AMOUNT PREVIOUSLY RELEASED AT THIS TIME S AMOUNT TO BE RELEASED AS ENGINEER OF RECORD FOR LEE'S MERIDIAN BUSINESS PARK,1 CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE ............... 8 152,961.00 THE TOTAL VALUE OF THE REMAINING WORK, SERVICES AND FEES 1S ESTIMATED TO BE .................. $ 28,680.00 SECURITY HELD AT 125%OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF ........................ 9 35,850.00 THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT TO REDUCE THE TOTAL AMOUNT OF THE Y ELD BV S - �ONTA M. COWAN P.E� "ALL IMPROVEMENTS SHALL BE COMPLETED BY MAY 1, 2001 • THOMAS THOMAS M. -4 COWAN EXHIBIT"B" 9 10323 P.E. LEES MERIDIAN BUSINESS PARK LETTER OF CREDIT CERTIFICATION �A 2 OF 2 PAGES _v 12OB100 • APPROVED Montane Department of Environmental Ouali Per g and Compliance m ton �— 91 w Date LEE'S MERIDIAN BUSINESS PARK NE 1/4 NE 1/4 SEC. 13, T28N, R22W, R ATHEAD COUNTY I ,d I LOT a III a • %—fir Li y� �. "11 AC p 1 ti LOT 5, � I LOT 7 LOT 6 a"Ac �,c aD AUG 04 2000 _, _ -" WALIry PEFMI 1' alp d G..„iPLIANCE DIV.