SIA - Big Sky King Properties + ReleaseI
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Kalispell City Clerk
201 1st Avenue East
Kalispell, MT 59901
III I II IIIII IIIII IIIII IIIII IIIIII (IIII II IIIlilll IIIII III II IIIIIII Page :O$49'
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Debbie Pierson, Flathead County MT bV NC 6/15/2015 2:35 PM
SUBDIVISION IMPROVEMENTS AGREEMENTS
THIS AGREEMENT, made and entered into this I s� day of 3� rxe., , 2015, by
and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the "City", and BIG SKY KING PROPERTIES, LLC, a Montana Limited
Liability Company, located at 4401 Highway 3, Billings, MT 59106 Parry of the Second Part and
hereinafter referred to as " Subdivider".
WITNESSETH:
THAT WHEREAS, the Subdivider is the owner and subdivider of a new subdivision known as
Subdivision No. 288 located on Lot 4 of the Amended Plat of Lots 1 - 10, Block 2, Rykers Addition to
Kalispell, SW 1/4 SW'/4 of Section 17, Township 28 North, Range 21 West, P.M.M., Flathead County,
Montana;
WHEREAS, the City has conditioned its approval of the final plat of Subdivision No. 288 upon the conditions
as set forth in the Waiver of Preliminary Plat Approval — Subdivision No. 288, included herewith as Exhibit
"A", being completed; the improvements, as cited in "Exhibit A" have not been completed at this time; and the
Subdivider wishes to provide security 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 the
depiction and cost 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 $9,125.00.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
Subdivider hereby agrees as follows:
1. The Subdivider shall deposit as collateral with the City Cashier's Checks in the amount of $9,125.00
as collateral for completion of the improvements;
2. The City shall deposit the proceeds of the check into the City's Performance Bond Fund;
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3. If the Subdivider fails to complete the specified improvements within the required period, the City may
immediately, and without further action, use such funds as are necessary to finance the completion of
those improvements and return any unused funds to the Subdivider;
4. The required improvements shall be fully completed by May 25, 2016;
5. Upon completion of the required improvements, the Subdivider shall cause to be filed with the City a
statement certifying that:
a. All required improvements are complete;
b. The improvements are in compliance with the minimtun standards specified by the City for their
construction and that the Subdivider warrants said improvements against any and all defects for a
period of two (2) years from the date of acceptance of the completion of those improvements by
the City;
c. The Subdivider knows of no defects in those improvements;
d. The improvements are free and clear of any encumbrances or liens;
e. A schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
6. The Subdivider shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in conformance with
said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
The Subdivider shall provide for inspection of all required improvements by a registered professional
engineer before the Subdivider shall be released from the Subdivision Improvement Agreement.
If the City determines that the improvements are constructed in compliance with the specifications, it shall
release the amount deposited in Subdivider's Performance Bond account to Subdivider.
If the City determines that any improvements are not constructed in compliance with the specifications, it
shall furnish the Subdivider with a list of specific deficiencies and may withhold collateral sufficient to
insure such compliance. If the City determines that the Subdivider will not construct any or all of the
improvements in accordance with the specifications, or within the required time limits, it may
withdraw the collateral and employ such fiords as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned
to the Subdivider.
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IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
BIG SKY KING PROPERTIES, )C
13- Janice L. Rehberg, Mem"e & President
State of Montana
County of Yellowstone
This ji�striit-was--sjgned or acknowledged before me on bil Janice L. Rehberg acting
pacify 'v
in thy_pacity of member and pres t on behalf of BIG SKY KAG PROPERTIES, LLC.
Signature
MAYOR, CITY OF KALISPELL
MAYOR N�l
t L JANICE L. 0058
NOTARY PUBUC for the
fte of Montana
rA
REAL .-4 Residing at Billings, Montana
My Commission Expires
June 23,20ifi
ATTEST:
Lei I I WN 0 13-1111111
Q
SEA
1892
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EXMBlT ")V'
MONTAM
Re: Waiver of Preliminary Plat Approval — Subdivision #288 (Burger King)
Dear Mr. Mulcahy:
Planning Department
201 1"Avenue East
Kalispell, NIT 59401
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalisjnll.com/p,lanning
two lots. The proposed lot is to be located on IS* Street East, near the intersection of U.S. Highway 93 Sou
The address for the parent property is 205 1 r Street Easi, Kalispell. I
i:; '01i
Township 28 North, Range 21 West, P.M,M,. FlAead County, Montana.
Our office finds that the proposed subdivision meets the preliminary plat waiver criteria as provided under
Section 2.06 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria if the
applicants agree to these terms: (1) the subdivision contains five or fewer lots, (2) there is no dedication of
streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision
regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal
sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current
zoning regulations, and (7) that there will be no, significant impact on agriculture, agricultural water users, local
services or the natural environment.
Due to the relatively minor impacts that this subdivision poses, this office grants preliminary plat approval
subject to the following conditions;
Prior to final plat
That the fLml plat is in substantial compliance with the preliminary plat that was waived.
2. The rights -of -way frontages along I S'h Street East and 3'4 Avenue East shall be improved to city standards
or adequately bonded for and shall include a landscaped boulevard and sidewalk. The plan for
improvements shall be reviewed and approved by the Public Works moment and the Parks and
Recreation Department and installed prior to final plat.
3. A municipal facilities -exemption shall be obtained from the Montana Department of Environmental
Quality and a letter from the Kalispell Public Works Department stating that municipal water and sewer
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ire available and will be provided to the lot. Existing and new utility casements shall be shown on the
final plat.
A. A crass -easement that provides for motorized and non motorized ingress and egress and shared parking
shall be granted. The easement shall remain in effect in perpetuity, or until such time as both parties
mutually agree to revise said easement. The recording number of the easement shall be placed on the final
plat.
On-aoing: conditions
5. The access design for the lots shall meet the provisions outlined in Cbapter 5 of the International Fire Code
(2009) regarding fire m-vice features and the design shall be reviewed =W approved by the Kalispell Fire
Department. Prior to combustible construction, all-weather driving surfaces, water supply infrastructure,
hydrants and street signs need to be in place.
6. Prior to Any excavation or earthwork, a City Stormwatcr Management Permit shall be approved and
issuml from the Kalispell Public Works Dapartment. In accordance with Ordinance 1600, the permit
shall include a permit application, site map, narrative describing the best management practices to be
used and a completed checklist. At the time of final plat, the project engineer shall certify that the
development is in compliance with the approved City Stormwater Management Permit.
7. Prior to commencement of commercial construction on the property, the proposed development shall he
reviewed and approved by the City of Kalispell Site Review Committee and Architectural Review
committee.
8. This waiver of preliniinary plat approval is valid for three years and will expire on September 2, 2017.
Waiver of preliminary plat approval does not constitute approval of the subdivision, nor does it constitute
approval of the site plan for the proposed lot. Please note that prior to final plat approval all requiremerits
must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions
regarding this matter please contact me.
Tom Jentz
Director
Attachment- Exhibit A (sketch of preliminary plat)
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EXHIBIT `B"
Page 1
FUTORE IR•fPROWMIFNTS SHOWN CAN THIS
SHEET APE PRE IMINARY INTENDED FOR
PLANNING PURPOSES ONLN ' nl�llpc
lmsiaa" st�i�sr� -+- �Y m •�,-hkjURE BUILDING t�✓� Q' `t
F43 RRE SIDEWALK`
�(TO 6E 3CNDED =>7R)
10
ONE W.
FUTUR� CONCRETE-, iam sraeEr
Masr
� ISLAND�' t� �'J TURC ANGLE PARKING T� El �,...,
4Dt;F r'.- cA
FUTURc ONE WAY SIGN-
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Exhibit " B"
Page 2
ESTIMATE OF CONSTRUCTION
SUBDIVISION
COSTS
#288
Robert Peccia & Associates, Inc.
825 CusterAvenue * Helena-* Montana * (406) 447-5000
102 Cooperative Way, Suite 300 * Kalispell * Montana * (406) 752-5025
Engineer's Estimate
Total Price
Item Unit Unit Price
No. Quantity
Unit Description
(Figures)
(Figures)
Base Bid
;Curb & Gutter
2 70 !S_Y p pn Concrete Sidewalk - 4" Thick � �
$20.00
_$45.00
$2,140.00
_$3,150.0_0
3 i 6
EA iDetectable Warning Plates - Cast Iron
$340.00
$2,040.00
RGFm ;
TOTAL ESTIMATED CONSTRUCTION COSTS
Rounded =$77,T00.00
Return to:
Aimee Brunkhorst
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
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Debbie Debbie Pierson, Flathead County MT by DO 10%91 2015 9:20 AM
RELEASE OF OBLIGATIONS TO
SUBDIVISION IMPROVEMENT AGREEMENT
This shall acknowledge that the public improvement works required pursuant to the terms of the
i Subdivision Improvement Agreement (SIA) entered into by Big Sky King Properties, LLC and
0� the City of Kalispell for Subdivision #288 according to the plat or map thereof on file and of
record in the Office of Clerk and Recorder for Flathead County, Montana has been
-9 completed to the satisfaction of the City of Kalispell and the bond has been released. The SIA
® was recorded at the Flathead County Clerk and Recorder as Document Number 201500011815
t/i
1 on June 15, 2015.
DATED this A)4�day of September, 2015.
O CITY OF KALISPELL
S
O
By:
Deb Deist, Treasurer
71l'i is I v,�-1 Lkmv h4, w chs !SI(Y e_cl a n of a c. k h o w W_ r
T.SthV-¢-Y-.
AIMEE BRUNCKHORST
OPUNCKjy
NOTARY PUBLIC for the
State of Montana
SEAL
Residing at lakeside, Montana
9TFOF M
My Commission Expires
December 4, 2018