Greenery PUD Agreementf
2 0 0 01
PLANNED UNIT DEVELOPMENT AGREEMENT
THIS AGREEMENT made as of the � Y P day of Se tember� 2004� bY NOLAN
HOLDINGS, L.L.C., a Montana Limited Liability, ompany, of 607 Dakota, Whitefish, Montana
59937, hereinafter NOLAN HOLDINGS, LLC, and the city of Kalispell, a municipal
corporation, of 312 1 st Avenue East, Kalispell, Montana 59901, hereinafter CITY;
WITNESSETH
WHEREAS, NOLAN HOLDINGS, LLC is the fee owner of certain real property located in
Kalispell, Flathead County, Montana, which is further desenbed in Exhibit A
annexed hereto and i s hereinafter referred to as "Subject ; and ect Property"; "
� P Y�
WHEREAS, (1) NOLAN HOLDINGS, LLC desires to have the Subject Property rezoned from
` County SAC-10 to a City Rw5 (Residential/Professional Office) with a Planned
Unit Development overlay develo ed ursuant to said zonin char e�(ii)P y P P � change--
NOLAN HOLDINGS, LLC filed a PUD Application containing (a) a Zone
Charge Application, (b) a PUD Narrative Supplement with Exhibits, (c) a
Perimeter Legal Description, (d) a Title Report, (e) a set of Two (2) Covenant
Conditions and Restrictions (CCNR) covering Two (2) proposed "pods" within
the Subject Property, and (0 Large Map Exhibits; and
WHEREAS, in order to allow the PUD, assure the installation of infrastructure improvements
within the "Subject Property, and prescribe the permitted uses within the "Pods",
the parties hereto determine it to be in their interests to enter into this
Development Agreement.
I. GENERAL INTRODUCTION
1.01 General
The use and development of the Subject Property shall substantially conform to and comply with
the provisions of the PUD Application, dated March 8, 2004, the drawings annexed to this
Planned Unit Development Agreement, and the conditions contained within Kalispell City
Resolution No. 4887 conditionally approving the preliminary plat of the Greenery PUD and
incorporated fully herein by this reference.
§ 1.02 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Development Agreement and the annexed
drawings, and the PUD Application, dated March 8, 2004, 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.
PLANNED UNIT DEVELOPER'S AGREEMENT/NOLAN HOLDINGS LLC
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§ 1.03 Drawings
The drawings annexed and the PUD Application, dated March 8, 2004, to this Planned Unit
Development Agreement are an integral and essential component thereof, and they are
incorporated by reference herein.
§ 1.04 Effectiveness and Cancellation
The provisions of this Planned Development Agreement shall become effective immediately and
shall terminate upon the issuance of a building pennit(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.
§ 1.05 Certification Procedure
Whenever in this Planned Unit 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. Such an application shall be deemed to be complete upon receipt of
such drawings and narrative infon-nation as are reasonably necessary for the issuance of such
certification.
II. PARCEL DESCRIPTION
§ 2.01 The Subject Property, described in Exhibit "A", shall be developed with the infrastructure
improvements described in § 3.01 and 3.02.
The Subject Property shall be surveyed and divided, immediately, into Two (2) parcels (Pods),
pursuant to 576--3-207 (f)(a), MCA, as indicated on the Large Map Exhibits accompanying the
PUD Application, provided however that no building pennit shall be issued on any of the TWO
(2) 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,
III. SITE CONDITIONS
§ 3,01 Access and Public Infrastructure
I) All accesses to the Subject Property shall be engineered and constructed in
accordance with City of Kalispell's Standards for Design and Construction.
II) The plans and specifications for all public infrastructures shall be designed and
installed in accordance with the Kalispell Design and Construction Standards and
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a letter shall be obtained stating that they have been reviewed and approved by the
Kalispell Public works Department.
111) 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.
a. water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire Bows shall be in
accordance with Uniform Fire Code (1997) Appendix 111-A.
b. Fire hydrants shall be provided per City specifications at locations
approved by the Fire Department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with Uniform Fire
Code (1997) Article 9.
IV) A curb, gutter, sidewalk and landscape boulevard shall be installed within the
right-of-way along Four Mile Drive with a minimum five feet wide sidewalk and
five foot landscape boulevard.
3.02 Ston-n Sewer, Roadways, Traffic Signal, Signage and Accessory Uses
I) All storm sewer utilities servicing the various "Pods shall be in accordance with
the PUD Application, dated March 8, 2004, and engineered and constructed in
accordance with the City of Kalispell's Standards for Design and Construction.
11) All roadways shall be in accordance with the PUD Application, dated March 8,
2004, and engineered and constructed in accordance with the City of Kalispell's
Standards for Design and Construction.
111) Accessory Uses for all "Pods" are as set forth in the City of Kalispell Zoning
Ordinance.
IV) The covenants, conditions and restrictions be amended for the commercial
component of the development that addresses signage which limits the
development to two freestanding signs located at each entrance along Four Mile
Drive to 24 square feet per face, not to exceed six feet in height and signs attached
to the building shall not exceed 20 square feet per use. Additionally, any
temporary signage shall comply with the Kalispell Zoning Ordinance.
V) Lighting shall be located within the development in a manner that insures it will
be adequately shielded and does not intrude onto adjoining properties.
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IV, DEVELOPMENT STANDARDS AND USE REGULATIONS
§ 4.01 The Greenery Professional Park "Pod',
1) Permitted uses within The Greenery Professional Park "Pod" shall conform to the
Declarations of Covenants, Conditions and Restrictions of The Greenery
Professional Park contained in the PUD Application, dated March S, 2004.
II) Property Development Standards with The Greenery Professional Park "Pod"
shall conform to § 27.08.040, City of Kalispell, Zoning Ordinance.
§ 4.02 The Greenery Townhornes "Pod"
§ 5.01
1) Permitted Uses within The Greenery Townhomes "Pod" shall conform to the
CCNR of The Greenery Townhomes contained in the PUD Application, dated
March S, 2004.
11) Property Development Standards within The Greenery Townhomes "Pod" shall
conform to § 27.08.040, City of Kalispell, Zoning ordinance.
V. AMENDMENT OR MODIFICATIONS OF
DEVELOPMENT AGREEMENT
I} This Development Agreement may be amended or modified only, by application
of the owner, in accordance with the procedures set forth herein.
11) 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 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.
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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 detennines 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 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.
V1. CONSTRUCTION PHASING
§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 § 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
§ III, Site Conditions 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.
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VII. SEQUENCING
§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 § § 3.01 through
3.03 of this Agreement.
II} The infrastructure improvements, under § § 3.01 through 3.03, associated with the
individual "Pods" located on the Subject Parcel shall be substantially completed
on or before May 3, 2007, unless an extension for the development is granted by
the City Council. If said infrastructure improvements, required within the
respective "Pads" 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. MISCELLANEOUS
§8.01 Effective Date
This Agreement shall be effective immediately and shall remain in full force and effect
until all "Pods" within the Subject Property are developed or May 3, 2007, whichever
occurs first.
§8.02 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.
§8.03 Recordation
This Agreement shall be recorded along with the CCNR.'s with respect to the "Pods"
within the Subject property.
§8.04 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.
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§8.05 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 September, 2004.
NOLAN HO SINGS, L.L.C.
BY.
• Harold N. Beac -Managing Member
CITY OF KALIS E
BY:
Fr nk Garner, Interim City Manager
STATE OF MONTANA )
):ss
County of Flathead )
On this day of September, 2004, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared HAROLD N. BEACH, Managing Member of
NOLAN HOLDINGS, L.L.C., the Montana Limited Liability Company that executed the
foregoing instrument, and the person who executed said instrument on behalf of said Limited
Liability Company, and acknowledged to me that such Limited Liability Company 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.
>>ti4cesltrr
'" ' • •w � '' Notary Public, St e of Mont a
" • ''� ": Residing at
M Commission Expires
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PLANNED UNIT DEVELOPER'S AGREEMENT/NOLAN HOLDINGS LLC
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STATE OF MONTANA )
)-ss
County of Flathead )
On this �4 day of , 2od ,before me, a Notary Public in and for the
State of Montana, personally appeared Frank Garner, known to me to be the Interim 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 any hand and affixed my Notarial Seal,
the day and year first above written.
n A
�f
otary Public, St to of Montana
= ; - Residing at
w Myornrnission Exp'res
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EXHIBIT "A"
NOLAN HOLDINGS, LLC
LEGAL DESCRIPTION
The property is described as: Parcel A of Certificate of Survey No, 7966 �n Section 1, Township 28
North, Range 22 West, P.M.M., Flathead County, Montana, and including that portion of Four Mile
Drive that abuts Parcel A extending to the centerline of the 1[T of Four Mile Drive, and excepting
therefrom State of Montana right of way as described more particularly in Document No.
198525214470 of record of Flathead County.
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