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E4. Developer's Agmt - Treeline VillageCity of Kalispell Charles A. Harball Office of City Attorney City Attorney 201 First Avenue East P.O. Box 1997 Kalispell, MT 59903-1997 MEMORANDUM TO: Doug Russell, City Manager ��- FROM: Charles Harball, City Attorney Tel 406.758.7709 Fax 406.758.7771 charball@kalispell.com SUBJECT: Motion to Approve Developer's Agreement for Treeline Village MEETING DATE: September 8, 2015 - Regular Council Meeting BACKGROUND: Treeline Village is a one lot development of multifamily apartments within the Bloomstone subdivision located in Section 36 to the west of Kidsports. The developer/owner, Treeline Village LLC seeks a Developer's Agreement, as required by the underlying PUD ordinance, Ordinance No. 1635 so that it may move forward with construction of the facilities. The Agreement that has been provided to the Council for review and acceptance has been drafted to be consistent with the ordinance and is acceptable to the developer. RECOMMENDATION: It is recommended that the Council move to accept the Developer's Agreement and authorize the City Manager to execute the same. ALTERNATIVES: Although staff has not identified any apparent issues not addressed appropriately in the agreement, Council may offer additions or deletions from the Agreement. ATTACEWENTS: Developer's Agreement Return to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 DEVELOPER'S AGREEMENT THIS AGREEMENT made as of the day of September, 2015, by Treeline Village LLC, a Montana Limited Liability Company, of PO Box 534, Bigfork, Montana 59911, hereinafter TREELINE VILLAGE LLC, and the City of Kalispell, a municipal corporation, of 201 1st Avenue East, Kalispell, Montana 59901, hereinafter CITY; WITNESSETH WHEREAS, the City Council of the City of Kalispell approved the Spring Prairie Planned Unit Development Agreement on Section 36 on December 3, 2001, and WHEREAS, the Spring Prairie Planned Unit Development Agreement was amended on December 15, 2003 and on September 19, 2005, and WHEREAS, on the 5th day of May, 2008 the City Council again amended the Spring Prairie Planned Unit Development Agreement upon passing Ordinance No. 1635 in association with the construction and development of Bloomstone Subdivision; and, WHEREAS, TREELINE VILLAGE LLC, has acquired a portion of the Bloomstone Subdivision, located in the SW'/4 of Section 36, Township 29 North, Range 22 West, P.M., M, Flathead County, Montana more particularly described as Lot 26 of Subdivision Plat of Bloomstone, Phase 1-A West, according to the plat thereof on recorded and on file in the Office of Clerk and Recorder for Flathead County, Montana (the "Treeline Parcel"), for the purposes of construction and development on that parcel of property which property is subject to all requirements of the above described agreements applicable to the Treeline Parcel. DEVELOPERS AGREEMENT TREELINE VILLAGE LLC AND THE CITY OF KALISPELL Page - l NOW THEREFORE, the parties hereto agree as follows: jai] :� �� �[i�►�Y1��_�.��i�;� � �� 1. Development of the Treeline Parcel shall comply with all relevant Kalispell Zoning Ordinances and Subdivision Regulations as set out in Ordinance No. 1635 which are applicable to the Treeline Parcel. 2. The development of the Treeline Parcel shall, where relevant and applicable to the Treeline Parcel, substantially comply with the following maps and elevations submitted as part of the Planned Unit Development application, provided, that, to the extent there is any conflict between the plans (the "Treeline Plans") submitted by Treeline Village LLC and approved by the City of Kalispell (such approval being evidenced by the issuance of a building permit for the Treeline Parcel) and any of the following, the Treeline Plans will govern: A. Conceptual Site Plan, Exhibit A-1 B. Data Table, Exhibit A-2 Note: Off-street parking requirements shall meet the Kalispell Zoning Ordinance minimum requirements. C. Conceptual Phasing Plan, Exhibit D D. Single Family, Z-lot and Apartment Building elevations E. Lot Typicals, Exhibits E-1, E-2, E-3, F-1, and F-2 Note: Building setbacks and lot coverage subject to approved PUD conditions. If a lot is located between a street and alley garages shall be located off of the alley. F. Conceptual Open Space and. Landscape Plan, Exhibit H G. Pedestrian path detail between Bloomstone and Kids Sports complex H. Conceptual Fencing Plan, Exhibit I Note: Fencing along Treeline Road shall be a maximum of 3 '/2 feet and fencing on the north and south sides of phase 3 shall be removed. I. Conceptual Lighting Plan, Exhibit d-1 Note: All lighting must comply with Kalispell Zoning Ordinance J. Conceptual Entry and Fencing Themes, Exhibits T-1, T-2, T-3, T4, T-5 K. Conceptual Trail Plan and Detail, Exhibits P-1 and P-2 Note: Trail width shall be determined by the Parks and Recreation Department and trail construction shall meet city standards. L. Typical Street Details, Exhibits G-1, G-2, L-1, L-2, and L-3 Nate: All roads shall be designed to meet the city's minimum roadway widths except as permitted through this PUD. Monument signs shall be located outside of the right- of-way. DEVELOPERS AGREEMENT TREELIKE VILLAGE LLC AND THE CITY OF KALISPELL Page - 2 3. Subject to the provisions of Section 2 above, development of the Treeline Parcel shall adhere to the Bloomstone conceptual site plan. 4. Prior to issuance of a building permit for the Treeline Parcel, Treeline Village LLC shall provide the City with a trail connection plan with respect to the Treeline Parcel for review and approval. The plan shall illustrate how trails and sidewalks within the Treeline Parcel will connect with existing or future trails or sidewalks within the Bloomstone Subdivision. 5. Treeline Village LLC shall provide the Parks and Recreation Department with a park improvement plan for one tot lot on the Treeline Parcel. At a minimum the park improvement plans shall include trails connecting with adjoining trails or sidewalks, turf, irrigation, security lighting and landscaping within the parks and a Ramada to be constructed on the Treeline Parcel.. The plan shall be reviewed and approved by the Parks and Recreation Department in conjunction with the Police Department for the security lighting. 6. Specifications for the bike/pedestrian trail constructed on the Treeline Parcel shall meet current City standards with the width of the trail determined by the Parks and Recreation Department (as set forth on the approved Treeline Plans). 7. A park maintenance district shall be formed in accordance with section 7-12-4001 MCA incorporating all the lots within the Bloomstone subdivision. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Such a district shall become effective upon recording the final plat of phases 1-5 of the Bloomstone subdivision. 8. In the event the Treeline Village LLC fails to maintain the tot lot and Ramada located on the Treeline Parcel together with the outdoor areas immediately surrounding the tot lot and Ramada, the park maintenance district program may he initiated by the city to provide maintenance for such improvements. 9. In connection with the approval of the Treeline Plan, Treeline Village LLC shall provide the Parks and Recreation Department a landscaping and irrigation plan for the common areas within the Treeline Parcel. The approved planting and irrigation plan shall be installed prior to issuance of the final certificate of occupancy for the improvements to be constructed on the Treeline Parcel or appropriate bonding provided. 10. TREELINE VILLAGE LLC shall waive the right to protest an SID to upgrade Four Mile Drive from Stillwater Road to US Highway 93. H. AMENDMENT OR MODIFICATIONS OF DEVELOPMENT AGREEMENT DEVELOPERS AGREEMENT TREELINE VILLAGE LLC AND THE CITY OF KALISPELL Page - 3 L This Agreement maybe amended or modified only, by application of TREELINE VILLAGE LLC, in accordance with the procedures set forth herein. 2. Application for amendment or modification may be made, to the City of Kalispell Site Review Committee. 3. Modifications of this Agreement which are determined by the Site Review Committee and approved by the City Manager to be minor modifications shall require only the consent of the Site Review Committee, and shall not require the consent or approval of the City Council or any other public agency. All amendments and modifications to this Agreement other than minor modifications shall require the approval of the City Council of the City of Kalispell. 4. All applications for modification or amendment of this Agreement shall be filed with the Site Review Committee and the Site Review Committee shall promptly determine whether the modification is minor or major. 5. 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. 6. 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 Council review. 7. TREELINE VILLAGE LLC may appeal any decision of the Site Review Committee to the City Council, who may affirm, reverse or modify the Site Review Committee decision. IV. GENERAL TERMS 1. Effective Date. This agreement shall be effective immediately. 2. 5everability. In the event that any provisions of this agreement 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. 3. Recordation. This agreement may be recorded along with the CC&R's with respect to the subject property. DEVELOPERS AGREEMENT TREELINE VILLAGE LLC AND THE CITY OF KALISPELL Page - 4 4. 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 CC&R's, filed with respect to the subject property, this Agreement shall take precedence. 5. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective parties heirs, successors and assigns. b. Certificate of Occupancy. Upon the issuance of the final certificate of occupancy for improvements substantially constructed in accordance with the Treeline Plans, Treeline Village LLC will be deemed to have complied with its obligations under this Agreement and this Agreement will be of no further force and effect except for the provisions of Section I Paragraph 10 (waiver of right to protest SID) and Section Il Paragraph 8 (maintenance of tot lot and Ramada). Any time after the issuance of such certificate of occupancy, Treeline Village LLC may request that the City join in the execution and recording of a document evidencing the expiration or termination of this Agreement (such execution and recording to take place within forty-five (45) days after such request is delivered to the City). Dated this 2nd day of September, 2015. TREELIKE VILLAGE LLC By: � David Weber, Managing Member CITY OF KALISPELL Doug Russell, City Manager DEVELOPERS AGREEMENT TREELIKE VILLAGE LLC AND THE CITY OF KALISPELL Page - 5 STATE OF MONTANA j ):ss County of Flathead ) On this 2j�a day of September, 2015, before me, the undersigned, a Notary Public for the State of Montana, personally appeared DAVID WEBER, in his capacity as Managing Member of TREELINE VILLAGE LLC, that executed the foregoing instrument, and acknowledged to me that he subscribed, sealed and delivered said instrument as the free and voluntary act of said entity, for the uses and purposes therein set forth, and that he was duly authorized to execute the same on behalf of said entity. IN WITNESS WI HEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year in this certificate first above writti ,LAMS LEAN R LAMBERSON e+0-1 NOTARY PUBLIC for the State of Montana * SEAL * Residing at Columbia foils. Montana Pia My Commission Expires �ofi,adfi June 25. 2018 STATE OF MONTANA } ):SS County of Flathead } Residing at My Commission Expires On this day of September, 2015, before me, a Notary Public in and for the State of Montana, personally appeared DOUG RUSSELL, 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 Printed Name: Residing at My Commission Expires DEVELOPERS AGREEMENT TREELINE VILLAGE LLC AND THE CITY OF KALISPELL Page - 6