Treeline Village Developer's AgreementReturn to:
Kalispell City Clerk
PO Box 1997
Kalispell, MT 59903
II�IIIII II II IIIIIIIII IIIIIIIIIIIIIII IIIII �IIII IIII�IIIIIIIIII IIIII�IIIIIIII II IIIIIIII I II Page: I of 6 at
Fees $42.00
Debbie Pierson, Flathead County MT by NW 9/14/2015 1:03 PM
DEVELOPER'S AGREEMENT
6 THIS AGREEMENT made as of the _Y 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 lst 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
O
WHEREAS, the Spring Prairie Planned Unit Development Agreement was amended on
December 15, 2003 and on September 19, 2005, and
WHEREAS, on the 5t' day of May, 2008 the City Council again amended the Spring Prairie
Planned Unit Development Agreement upon passing Ordinance No. 1635 in
`a association with the construction and development of Bloomstone Subdivision;
,nAxr
° and,
WHEREAS, TREELINE VILLAGE LLC, has acquired a portion of the Bloomstone
Subdivision, located in the SWl/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 - 1
NOW THEREFORE, the parties hereto agree as follows:
I.OBLIGATIONS OF DEVELOPER
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 1/2 feet and fencing on
the north and south sides of phase 3 shall be removed.
I. Conceptual Lighting Plan, Exhibit J-1
Note: All lighting must comply with Kalispell Zoning Ordinance
J. Conceptual F,ntry and Fencing Themes, Exhibits T-1, T-2, T-3, T-4, 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
Note: 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
TREELINE 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 be 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.
II. AMENDMENT OR MODIFICATIONS OF
DEVELOPMENT AGREEMENT
DEVELOPERS AGREEMENT
TREELINE VILLAGE LLC AND THE CITY OF KALISPELL
Page - 3
1. This Agreement may be 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 Committcc 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. Severability. 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.
6. 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 II 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 exccution 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
David Weber, Managing Member
CITY OF KALISPELL
By.,,
u ssell, City Manager
DEVELOPERS AGREEMENT
TREELINE VILLAGE LLC AND THE CITY OF KALISPELL
Page - 5
STATE OF MONTANA )
):ss
County of Flathead )
On this 2day 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.
TN WTTNFSS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
�,vuweF�s
LEAH R LAMBERSON
NOTARY PUBLIC for the
State of Montana
* SEAL �*
Residing at Columhialalls, Montana
My Commission Expires
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Jone25,20iiD
STATE OF MONTANA )
):ss
County of Flathead )
My Commission Expires s, j A V j t `L1 2 n1$
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.
NOTARYPueUCMfor e
Sbb of Montana
t addt a,," &Z1nC,4U&a
at Uke". WWII y No y Public, State of Mon a
Mr iWWExpIne Printed Name: unc ��tot'S
December4, 2016
Residing at L�keslAk,%
My Commission Expires l,;Z - 4-
DEVELOPERS AGREEMENT
TREELINE VILLAGE LLC AND THE CITY OF KALISPELL
Page - 6