05. Ordinance 1226 - Northwest Health Care PUD - 1st ReadingORDINANCE NO. 1226
AN ORDINANCE APPROVING A PLANNED UNIT DEVELOPMENT ON CERTAIN REAL
PROPERTY OWNED BY NORTHWEST HEALTH CARE CORPORATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS
FOLLOWS:
SECTION I. That the Planned Unit Development proposed by
Northwest Health Care Corporation, upon the
real property described in Exhibit "A",
attached hereto, incorporated herein, and
thereby made a part hereof, is hereby
approved, subject to:
A) Declarations of Covenants, Conditions,
and Restrictions, Buffalo Commons
(Common Area) [Exhibit "B", attached
hereto, incorporated herein, and thereby
made a part hereof];
B) Declarations of Covenants, Conditions,
and Restrictions, Buffalo Commons
(Retail/Commercial/Office) [Exhibit "C"
attached hereto, incorporated herein,
and thereby made a part hereof];
C) Declarations of Covenants, Conditions
and Restrictions, Buffalo Commons
(Multi -Family) [Exhibit "D", attached
hereto, incorporated herein, and thereby
made a part hereof];
D) Declaration of Covenants, Conditions,
and Restrictions, Buffalo Commons
(Single Family) [Exhibit "E", attached
hereto, incorporated herein, and thereby
made a part hereof];
E) Declaration of Covenants, Conditions,
and Restrictions, Buffalo Commons
(Medical Facilities) [Exhibit "F",
attached hereto, incorporated herein,
and thereby made a part hereof];
F) Large Map Exhibits, Northwest Health
Care, Buffalo Commons PUD, [ Exhibit " G" ,
attached hereto, incorporated herein,
and thereby made a part hereof]; and
ORDINANCE NO. 1226
G) Development Agreement, dated ,
1995, between Northwest Health Care
Corporation and the City of Kalispell,
[Exhibit "H' attached hereto,
incorporated herein and thereby made a
part hereof].
SECTION II. That a Hotel/Motel shall be allowed as a
permitted use within the
Retail/Commercial/Office "Pod", provided said
Hotel/Motel does not exceed 50 rooms, as a
deviation from the City of Kalispell Zoning
Ordinance.
SECTION III. This Ordinance shall take effect from and
after 30 days of its passage by .the City
Council.
PASSED BY THE CITY COUNCIL AND APPROVED BY THE MAYOR OF THE CITY
OF KALISPELL, MONTANA, THIS 15th DAY OF MAY, 1995.
Douglas D. Rauthe - Mayor
Attest:
t
Clerk of Council
ORDINANCE NO. 1226 2
Flathead Regional Development Office
723 5th Avenue East
Kalispell, Montana 59901
April 11, 1995
Phone: (406) 758-5780
Fax: (406) 758-5781
Bruce Williams, City Manager
City of Kalispell
P.O. Drawer 1997
Kalispell, MT 59903
RE: Buffalo Commons - Zone Change and Planned Unit Development
Dear Bruce:
The Kalispell City -County Planning Board and Zoning Commission met in regular
session on Tuesday, March 14, 1995. During that meeting the Board heard the
following request:
A request by Northwest Healthcare for a zone change from H-1, B-3 and
RA-1 to a Residential Mixed Use, Planned Unit Development in the RA-1
zone. The intent of the PUD is to provide a zoning district classification
which may provide flexibility of architectural design and mixing of land
uses while preserving and enhancing integrity and environmental values of
an area. This classification also sets forth a time frame for improvements
to be installed, types of uses permitted, lot sizes, landscaping, street
layout. The project, consisting of approximately 70 acres, is located
between US Highway 93 on the west and Grandview Drive on the east,
Sunnyview Lane and Heritage Way on the south, and Indian Trail Road
subdivision on the north, and is more particularly described in Exhibit "A"
(map) of the staff report.
John Parsons of the FRDO referred to a memo submitted to Board members with
a recommendation to continue this matter until the April meeting to allow time for
the City Attorney to review the terms and conditions of the plan. The Board
discussed that since the public hearing had been advertised, they would proceed
with the case as scheduled.
Parsons gave a detailed presentation of report #KPUD-95-1 outlining staff's
concerns and given the importance of this project, staff, again, recommended that
the public hearing be continued until those concerns can be adequately
addressed.
The public hearing was opened. Two representatives for Northwest Healthcare
gave a detailed account of the proposal, pointing out the tremendous amount of
effort that went into the plan, and stated that they are committed to a quality
project. The presentation was extensive, addressing in detail, the entire area to
be included in the PUD; the application was reflected in a comprehensive, spiral
bound outline of the uses planned, the architectural concepts, the infrastructure
and the built-in guarantees for the project. The application represented a
professional, detailed approach to an area which has presented a challenge to the
community as a whole for compatible and useful development. The technical
assistant for the applicant, felt that the staff report was too negative and failed
to acknowledge any of the good aspects of the PUD.
Providing Community Planning Assistance To:
* Flathead County * City of Columbia Falls * City of Kalispell * City of Whitefish
Bruce Williams, City Manger
Re: Buffalo Commons PUD
April 11, 1995
Page 2
Brian Wood, Zoning Administrator, testified that the City was fully supportive of
the project, however several unresolved issues prompted the City to support
staff's recommendation for continuance of the matter until reveewed by the City
Attorney. The primary concern of the City representative was that a bond was
not included with the application. The Board determined that the City Attorney
had received the' application materials at the same time as all the other interested
agencies and Planning Board members, but had not reviewed the matter and was
out of town at the time of the meeting.
Three persons spoke in oppostion to the project, objecting to the hospital, as a
non-profit organization, getting involved with the commercial hotel business that
will compete with local businesses. One citizen, speaking for herself and many
of the personnel at the hospital, expressed concern with the hospital becoming a
huge corporation that no longer serves the public welfare.
The Board debated whether or not to continue the public hearing. The issues
raised by staff were addressed by the legal counsel for Northwest Healthcare.
The consensus of the Board was to close the public hearing, forward a
recommendation and not delay this matter for 30 days, since City Council will
ultimately have to address the concerns with bonding.
Considerable discussion followed amongst the applicants, city and county staff and
Board members. The Planning Board perceived the issue of bonding to be one
controlled exclusively by the City Council. The applicable regulations make it
clear that the amount of the bond is set by the City Council, thus, the Planning
Board has no jurisdiction to even consider the bond. If FRDO and City staff felt
the application was incomplete without a bond (to be set by City Council) then the
Board believes it was incumbent on staff not to set the application for public
hearing and then recommend continuance based on the lack of a bond.
The Board went through the findings of fact and incorporated findings as
submitted by Northwest Healthcare. The motion to grant the rezone of the
properties as requested by Northwest Healthcare to be known as Buffalo Commons
PUD, and adopting the findings of fact as modified by Board discussion was
passed on a 7-0 vote in favor.
The Board's recommended findings of fact follows as Attachment A.
This recommendation is being forwarded to the City Council for final action.
Council needs to wait for the minutes of the planning board meeting prior to
taking action, however this does not preclude discussion at Council workshop.
Bruce Williams, City Manager
Re: Buffalo Commons PUD
April 11, 1995
Page 3
If you have any questions regarding the request, please contact the Commission
or FRDO staff.
Respectfully Submitted,
MKALI PELL CITY -COUNTY PLANNING BOARD AND ZONING COMMISSION
c `1�-- OJA
Therese Fox Hash
President
TFH/eo
Attachments: Attachment A
FRDO Staff Report #KPUD95-1
Application Materials
Minutes of 3/14/95 Board Meeting (To be sent under separate
cover)
c: David Greer
Montana Planning Consultants
P.O. Box 7607
Kalispell, MT 59904
Northwest Healthcare
310 Sunnyview Lane
Kalispell, MT 59901
Glen Neier, City Attorney
P.O. Drawer 1997
Kalispell, MT 59903
TRANS MIT\KP U D93-1.REC
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made as of the day of ,
1995, by Northwest Health Care Corporation, a Montana
corporation, of 310 Sunnyview Drive, Kalispell, MT 59901,
hereinafter NORTHWEST and the City of Kalispell, a municipal
corporation, of 312 1st Avenue East, Kalispell, Montana 59901,
hereinafter CITY;
W I T N E S S E T H:
WHEREAS, NORTHWEST is the fee owner of certain real property
located in Kalispell, Flathead County, Montana, which
is further described in Exhibit A annexed hereto and is
hereinafter referred to as "Subject Property"; and
WHEREAS, (i) NORTHWEST desires to have the Subject Property
rezoned from RA-1 and B-3 and H-1 to a Mixed Use RA-1
Planned Unit Development (PUD), mapped with certain new
streets, highway approaches, and parks and developed
pursuant to said zoning change; (ii) NORTHWEST has
filed a PUD Application containing (a) a Zone Change
Application, (b) a Zone Text Amendment Application, (c)
a PUD Narrative Supplement with Exhibits, (d) a
Perimeter Legal Description, (e) a Title Report, (f) a
set of five (5) Covenant Conditions and Restrictions
(CCNR) covering five (5) proposed "pods" within the
Q Subject Property, and (g) Large Map Exhibits; and
WHEREAS,
I. GENERAL INTRODUCTION
S 1.01 General
The use and development of the Subject Property shall
substantially conform to and comply with the provisions of
the PUD Application, February 6, 1995 and the drawings
annexed to this Development Agreement.
S 1.02 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this
Development Agreement and the annexed drawings, and the PUD
Application, February 6, 1995, the laws, rules and
regulations of the City of Kalispell governing the use and
development of land and buildings, including the City of
Kalispell Zoning Ordinance, shall apply to the Subject
Property.
KRH4/27 1
S 1.03 Drawings
The drawings annexed and the PUD Application, dated February
6, 1995 to this Development Agreement are an integral and
essential component thereof, and they are incorporated by
reference herein.
S 1.04 Effectiveness and Cancellation
The provisions of this Development Agreement shall become
effective simultaneously with the approval of the PUD
Ordinance by the City Council of the City of Kalispell and
shall terminate upon the issuance of a building permit(s)
for development of the last "pod" on the Subject Property.
This Development Agreement may be modified or amended only
as set forth in Article V hereof.
S 1.05 Certification Procedure
Whenever in this Development Agreement a certificate by the
Director of Public Works is required to be given, such
certificate shall be given within thirty (30) days of the
receipt of a completed application therefor. Such an
application shall be deemed to be complete upon receipt of
such drawings and narrative information as are reasonably
necessary for the issuance of such certification.
II. PARCEL DESCRIPTION
S 2.01
The Subject Property, described in Exhibit "A", shall be
developed with the infrastructure improvements described in
SS 3.01 and 3.02.
The Subject Property shall be surveyed and divided,
immediately, into five (5) parcels (Pods), pursuant to S 76-
3-207 (1)(a), MCA, as indicated on the Large Map Exhibits
accompanying the PUD Application, provided however that no
building permit shall be issued on any of the five (5)
parcels unless and until all improvements specified in this
Agreement as well as those infrastructure improvements which
may be required by the City of Kalispell's Standards for
Design and Construction are either constructed or security
provided guaranteeing construction of said improvements for
that particular "Pod" upon which a building permit is
requested.
KRH4/27 2
III. SITE CONDITIONS
5 3.01 Access
I) All accesses to the Subject Property shall be
engineered and constructed in accordance with City of
Kalispell's Standards for Design and Construction.
A) The only access to the Subject Parcel from U.S.
Highway #93 shall be located directly across from
Northridge Drive.
B) Heritage Way may be abandoned, at the direction of
the City, between its intersection with U.S.
Highway #93 and the Westerly boundary of Heritage
Place, 1st Addition, Kalispell, Flathead County,
Montana at the time the access described in (A),
above, is constructed.
C) Access to the Subject Parcel by way of extension
of Windward Way shall commence at Windward Way's
intersection with Heritage Way and shall be
constructed as a condition to issuance of a
building permit for any of the following "Pods':
the Northerly Professional/Medical Facilities
"Pod", the Multi -Family "Pod", or the Single Family
"Pod", as designated in the PUD Application.
D) Access to the Subject Parcel by way of a street
off of Grandview Drive shall commence at the
Northerly terminus of the present S-curve on
Grandview Drive and shall be constructed in
conjunction with construction on the Multi -Family
"Pod", or the Single Family "Pod", as designated in
the PUD Application.
E) If access to the Southerly, Professional/Medical
Facilities "Pod" of the Subject Property is to be
by way of Sunnyview Lane, prior to issuance of any
building permits for construction on the
Southerly, Professional/Medical Facilities "Pod"
Sunnyview Lane shall be subject to a traffic
analysis based upon the traffic impacts
anticipated as a result of development.
II) All streets constructed to provide access to the
various "Pods" shall be dedicated to the City after the
acceptance of said streets by the Director of Public
Works.
KRH4/27 3
§ 3.02 Sewer and Water
I) All sewer and water utilities servicing the various
"Pods" shall be engineered and constructed in
accordance with the City of Kalispell's Standards for
Design and Construction.
II) All sewer mains and lift stations and water mains
constructed in the development of any of the "Pods"
shall, upon completion by developer and acceptance by
the Director of Public Works, become the property of
the City and the City shall thereafter provide for the
maintenance and operation of the systems therein
constructed and accepted.
III) Easements, and as-builts, necessary for the
maintenance, operation and replacement of the sewer
mains and lift stations and water mains shall be
supplied by the developer prior to acceptance by the
City.
IV) Sewer and Water Utilities, and Roads applicable to the
respective "Pods" shall be installed as follows:
A) Single Family "Pod"
_:- i) Water mains shall be installed, with services
to the property line, in all roads within the
"Pod, as shown in the PUD Application, dated
March 6, 1995. Minimum extension limits
shall be the "Pod" boundaries on the North,
South, East and West sides. Mains shall be
connected to the existing water system at the
intersection of Heritage Way and Windward
Way, and at Indian Trail, and shall be
installed as a loop through the Single Family
"Pod".
ii) Sewer mains for this or any other free
standing "Pod" shall begin at the existing
sewer main in Grandview Drive at the
Northeast end of the Subject Property. The
sewer mains shall be extended to a point
adjacent to any lot to be served, and
services installed to the property line.
Mains installed as part of this "Pod" shall
be extended to the boundaries with the Multi -
Family "Pod", the Northerly
Professional/Medical Facilities "Pod" and the
Southerly Professional/Medical Facilities
"Pod", as shown on the PUD Application, dated
February, 6,1995.
KRH4/27 4
iii) Roadways for this "Pod" must connect Windward
Way with Grandview Drive with a parallel loop
through the "Pod" as shown on the PUD
Application, dated February 6, 1995.
B) Multi -Family "Pod"
i) Water mains shall be installed, with services
to the property line, in all roads within the
"Pod", as shown on the PUD Application, dated
February 6, 1995. A main connecting to the
existing mains at the intersection of
Heritage Way and Windward Way, and Indian
Trail shall be installed with stub outs to
accommodate future extensions in the Single
Family "Pod", if the water utilities are not
then in place.
ii) Sewer mains for this "Pod" shall be extended
beginning at the existing sewer main in
Grandview Drive at the Northeast corner of
the Subject Property. Manholes and stub outs
shall be provided to accommodate future
extensions in the Single Family "Pod", if the
sewer is not then in place. Sewer mains
installed must have services extended to each
lot to be served.
iii) A roadway connecting Grandview Drive and U.S.
Highway #93 at Northridge Drive and fronting
the "Pod" shall be constructed as part of the
"Pod", or a temporary cul-de-sac at the
boundary of this "Pod" with the boundary of
the Retail/Commercial Office "Pod". Water and
Sewer improvements associated with the
roadway extension beyond the boundaries of
this "Pod" shall be completed with the
development of the "Pod", if the extended
roadway is paved rather than bonded.
C) Retail Commercial/Office "Pod"
i) Water mains, with services to the property
lines, shall be installed in all roads
within the "Pod". A main connecting to the
existing water system at Heritage Way shall
be installed and looped within the "Pod" as
shown on the PUD Application, dated February
6, 1995.
KRH4/27 5
ii) The Sewer main extension, with services to
the property line, for this "Pod" shall
begin at the existing sewer main located in
Grandview Drive at the Northeast corner of
the Subject Property. Manholes and stub outs
shall be provided to accommodate future
extensions of the Single Family "Pod", the
Multi -Family "Pod" and/or the Northerly
Professional/Medical Facilities "Pod", if the
"Pods" have not been developed.
iii) Roadways, as shown on the PUD Application,
dated February 6, 1995, shall be constructed
throughout the "Pod". Temporary dead end
roads must meet the turn -around requirements
of the Kalispell Fire Department.
D) Northerly Professional/Medical Facilities "Pod"
Development of this "Pod" is dependent on water,
sewer and roadway improvements of the adjacent
"Pods". This "Pod" shall not be developed until all
improvements have been completed for the Single
Family "Pod", the Multi -Family "Pod" and the Retail
Commercial Office "Pod".
E) Southerly Professional/Medical Facilities "Pod"
i ) This "Pod" is independent from other "Pods"
with respect to water supply. Water main
improvements shall be installed throughout
the "Pod", as required by the City of
Kalispell's Standards for Design and
Construction.
ii) Sewer main extension for this "Pod" shall
begin at the existing sewer main in Grandview
Drive at the Northeast corner of the Subject
Property and extended through the Single
Fami ly "Pod".
iii) Roadways in this "Pod" may be independent
from the rest of the Subject Property.
§ 3.03 Storm Sewer, Roadways, Traffic Signal, Signage and
Accessory Uses
KRH4/27 6
I) All storm sewer utilities servicing the various "Pods"
shall be in accordance with the PUD Application, dated
February 6, 1995, p. 17, entitled Storm Drainage, and
engineered and constructed in accordance with the City
of Kalispell's Standards for Design and Construction.
II) All roadways shall be in accordance with the PUD
Application, dated February 6, 1995, p. , and
engineered and constructed in accordance with the City
of Kalispell's Standards for Design and Construction.
III) Upon written verification of need and request by the
MDOT for a traffic signal at the intersection of U.S.
Highway #93 and Northridge Drive, thereafter any "Pod"
that has not received building permit approval shall be
required as a condition to the issuance of any building
permit to erect said traffic signal as a condition.
IV) Accessory Uses for all "Pods" are as set forth in the
City of Kalispell Zoning Ordinance.
V) All signage shall be as set forth in the PUD
Application, dated February 6, 1995. The proposed
kiosk sign shall qualify for the "common signage"
provision of the Kalispell Zoning Ordinance, but said
free standing signs shall be limited to a maximum
height of 20 feet. All wall signage shall be limited to
a maximum of 36 square feet per individual business
frontage.
IV. DEVELOPMENT STANDARDS AND USE REGULATIONS
S 4.01 Single Family "Pod"
I) Permitted Uses within the Single Family "Pod" shall
conform to the Declarations of Covenants, Conditions
and Restrictions, Buffalo Commons (Single Family)
contained in the PUD Application, dated February 6,
1995.
II) Property Development Standards with the Single Family
"Pod" shall conform to S 27.06.040, City of Kalispell,
Zoning Ordinance.
S 4.02 Multi -Family "Pod"
I) Permitted Uses within the Multi -Family "Pod" shall
conform to the CCNR, Buffalo Commons (Multi -Family)
KRH4Y2 7 7
contained in the PUD Application, dated February 6,
1995, with the exception that a Bed and Breakfast shall
not be permitted.
II) Property Development Standards within the Multi -Family
"Pod" shall conform to S 27.09.040, City of Kalispell,
Zoning Ordinance.
4.03 Retail, Commercial, Office "Pod"
I) Permitted Uses, Property Development Standards and Sign
Standards within the Retail, Commercial, Office "Pod"
shall conform to the CCNR, Buffalo Commons (Retail,
Commercial, Office), except that Title Companies,
Investment Firms, and Telecommunications Companies
shall not be permitted.
S 4.04 Professional/Medical Facilities "Pod"
I) Permitted Uses, Property Development Standards within
the Professional/Medical Facilities "Pod" shall conform
to the CCNR, Buffalo Commons (Professional/ Medical
Facilities), contained in the PUD Application, dated
February 6, 1995, except that a Bed and Breakfast shall
not be permitted and heliports shall be permitted only
as a conditional use.
V. AMENDMENT OR MODIFICATIONS OF
DEVELOPMENT AGREEMENT
S 5.01
I) This Development Agreement may be amended or modified
only, by application of the owner, in accordance with
the procedures set forth herein.
II) Application for amendment or modification may be made,
to the City of Kalispell Site Review Committee, by any
fee owner or ground lessee of a "pod" in respect to the
Subject Property. For purposes of this Article, "fee
owner" shall not include the owner of an individual
unit located in a "pod" owned in whole or in part
pursuant to the Unit Ownership Act -- Condominiums,
Title 70, Chapter 23 Montana Code Annotated (or any
successor statutes), but shall include the
Architectural Review Committee of such "pod".
III) A) Modifications of this Development Agreement which
are determined by the Site Review Committee to be
minor modifications shall require only the consent
KRH4/27 8
of the Site Review Committee, and shall not
require the consent or approval of the City
Council or any other public agency.
B) All amendments and modifications to this
Development Agreement other than minor
modifications shall require the approval of the
City Council of the City of Kalispell.
IV) A) All applications for modification or amendment of
this Development Agreement shall be filed with the
Site Review Committee and the Site Review
Committee shall promptly determine whether the
modification is minor or major.
B) The Site Review Committee shall make its
determination with respect to any application for
a minor modification subject to this Section
within fifteen (15) days after it determines the
application to be subject to said minor
modification.
C) If the amendment or modification requested is of
such a nature as to require approval of the City
Council, the Site Review Committee shall refer the
matter to the City Council within fifteen (15)
- days after it determines the matter requires
t Council review.
D) The owner may appeal any decision of the Site
Review Committee to the City Council, who may
affirm, reverse or modify the Site Review
Committee decision.
VI. CONSTRUCTION PHASING
S 6.01 General Requirements
I. No building permit in respect to the building in any
"Pod" shall be issued by the Building Department until:
A) The Zoning Administrator has certified to the
Building Department that proposed building(s)
substantially conform to S IV, Development
Standards and Use Regulations, and the CCNR's for
the appropriate "Pod".
B) The Director of Public Works has certified to the
Building Department that the infrastructure
improvements and roads required as shown on the
drawings submitted by the developer of the "Pod"
substantially conform to S III, Site Conditions
KRH4/27 9
contained in this Agreement and that said
improvements have been constructed or security
guaranteeing the construction has been received by
the City.
For purposes of this Section, the "Security"
required shall be in an amount equal to 100% of
the developer's Licensed Engineer's estimate of
the cost of constructing said improvements.
VII. SEQUENCING
5 7.01 GENERAL
I) The "Pods" and their associated portions of the Common
Area are intended to be as stand-alone developments
within the Subject Property. The sequencing of
infrastructure improvements must conform to the
requirements of SS 3.01 through 3.03 of this Agreement.
II) The infrastructure improvements, under SS 3.01 through
3.03, associated with the individual "Pods" located on
the Subject Parcel shall be substantially completed on
or before July 1, 2007, unless an extension for the
development is granted by the City Council. If said
infrastructure improvements, required within the
respective "Pods" of the Subject Parcel, are not
completed, and no extension received, the Council shall
redesignate the undeveloped portion of the Subject
Property in accordance with the City of Kalispell
Zoning Ordinance.
VIII. HOTEL/MOTEL
S 8.01 GENERAL
I) A Hotel/Motel shall be allowed as a permitted use
within the Retail/Commercial/Office "Pod", subject to
the provisions of S 4.03, herein, except that such
Hotel/Motel shall be limited in size to fifty (50)
rooms.
IX. MISCELLANEOUS
S 9.01 EFFECTIVE DATE
This Agreement shall be effective on the date the
Ordinance approving Northwest's Planned Unit
Development is adopted and shall remain in full force
and effect until all "Pods" within the Subject Property
are developed or July 1, 2007, which ever occurs first.
KRH4/27 10
§ 9.02 SEVERABILITY
In the event that any provisions of this Declaration
shall be deemed, decreed, adjudged or determined to be
invalid or unlawful by a court of competent
jurisdiction, such provision shall be severable and the
remainder of this Agreement shall continue to be of
full force and effect.
§ 9.03 RECORDATION
This Agreement shall be recorded along with the CCNR's
recorded with respect to the "Pods" within the Subject
property.
$ 9.04 ENTIRE AGREEMENT - PRIMACY
This Agreement constitutes the entire agreement between
the parties and may only be amended as set forth
herein. In the event, during the term of this
Agreement, there is a variance between the provisions
of this Agreement and the CCNR's, filed with respect to
the individual "Pods", this Agreement shall take
precedence.
§ 9.05 BINDING EFFECT
This Agreement shall be binding upon and inure to the
benefit of the respective parties heirs, successors and
assigns.
Dated this day of May, 1995.
NORTHWEST HEALTH CARE, INC.
BY:
Its:
CITY OF KALISPELL
BY:
KRH4/27 11
Its:
STATE OF MONTANA j
: ss
County of Flathead )
On this day of , 1995, before me, the
undersigned, a Notary Public for the State of Montana, personally
appeared , of Northwest Health
Care, Inc., the corporation that executed the foregoing
instrument, and the person who executed said instrument on behalf
of said corporation, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial Seal the day and year in this certificate first above
written.
Notary Public,
Residing at _
My Commission
State of Montana
expires
STATE OF MONTANA )
ss
-- County of Flathead )
On this day of , 1995, before me, a
Notary Public in and for the State of Montana, personally
appeared Bruce Williams, known to me to be the City Manager of
the City of Kalispell, a municipality, that executed the within
instrument, and acknowledged that such City Manager subscribed,
sealed and delivered said instrument as the free and voluntary
act of said municipality, for the uses and purposes therein set
forth, and that he was duly authorized to execute the same on
behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my Notarial Seal, the day and year first above written.
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission expires
KRH4/27 12