Ordinance 1548/PUDr4,4
ie e-
20062230%:�-�o
ORDINANCE NO. 1548
Add
8 Y..
4..NA
6 R,
P.
AN ORDINANCE TO AMEND SECTION 27.02.01.0, OFFICIAL ZONING MAP, CITY OF
KALISPELL ZONING ORDINANCE, (ORDINANCE NO, 1460), BY ADDING A PLANNED
UNIT DEVELOPMENT OVERLAY ON PROPERTY CURRENTLY ZONED CITY RA-1.,
LOW DENSITY RESIDENTIAL APARTMENT, MORE PARTICULARLY DESCRIBED AS
ASSESSOR"S TRACTS 2CK, 2CH AND 2CE LOCATED IN SECTION 12, TOWNSHIP 28
NORTH, RANGE 22 WEST, P.M.M.., FLATHEAD COUNTY, MONTANA IN
ACCORDANCE WITH THE KALISPELL GROWTH POLICY 2020 AND TO PROVIDE
AN EFFECTIVE DATE.
WHEREAS, Bill Rice and Craig and Connie Denman, the owners of the property described above,
petitioned the City of Kalispell that the zoning classification attached to the above
describe d tract of I and , cu rren d y zoned RA- 1, Low Density Residential Apartment,
be amended to include a Planned Unit Development overlay on approximately 9
acres of land, and
WHEREAS, the property is located at the northem terminus of Corporate Way between Two Mile
Drive and Highway 2 West, and
WHEREAS, the petition of Rice and Denman was the subject of a report compiled by the Tri-City
Planning Office, Staff Report #KPUD-05-4, in which the Tri-City Planning Office
Z"-)
evaluated the petition and recommended that the zoning on the property as described
above be amended to include a Planned Unit Development overlay, and
WHEREAS, the Kalispell City Planning Board held Public Hearings on the matter on June 21,
2005 and July 1. 2, 2005, and recommended that a Planned Unit Development overlay
be added to the current RA-1. zoning, and
WHEREAS, after considering all the evidence submitted on the proposal to overlay a Planned'Unit
Development on the RA-1. zoning, the City Council finds such zoning to be
consistent with the Kalispell Growth Policy 2020 and adopts, based upon the
criterion set forth in Section 76-3-608, M.C.A., and State, Etc. v..Board of Co
Commissioners, Etc. 590 P2d 6021 the findings of fact of TCPO as set forth in Staff
Report No. K-PUD-05-4, as amended by the Kalispell City Planning Board.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS. -
SECTION 1. Section 27.02.010, of the Official Zoning Map of the Kalispell Zoning
Ordinance, (Ordinance No. 1.460) is hereby amended by designating the
property described above as RA-1, Low Density Residential Apartment with
a Planned Unit Development overlay on approximately 9 acres.
SECTION 11, The Planned Unit Development proposed by Rice and Denman upon the real
property described above is hereby approved, subject to the following
conditions:
That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
H. (Kalispell Subdivision Regulations,
associated with the PUD as approved by the city counci
Appendix C — Final Plat)
2. That the Plans and specifications for all public infrastructure be designed and in accordance
with Kalispell's Standards for Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
3. A letter shall be submitted with the final plat from an engineer licensed in the state of Montana
certifying the improvements have been constructed in accordance with the approved plans and
specifications. As built drawings shall besubmitted to the Kalispell Public Works Department
prior to final plat submittal for the completed inftastructure. A letter from the public works
department shall accompany the engineer's certification stating that this condition has been met
or otherwise adequately addressed (Kalispell Subdivision Regulations, Chapter 3, Design
Standards, Section 3.01)
4. An engineered stormwater management plan shall be developed which utilizes on site retenflon
methods and insures that adjoining properties will not be impacted by stonnwater runoff, snow
melt or surface wateir.
5. Front yard setbacks for the townhouses that have garage access directly along the right of way
shall insure a minimum distance of 20 feet between the garagre and the sidewalk and would
apply to Lots 11, 12 and 13. This would not apply to townhouses that bave some other
provision for handling access and on site parking. (Kalispell Planning Board)
6. A minimum 20 foot rear setback shall be maintained between the buildings and the exterior
boundaries of the subdivision.
7, That covenants, conditions, and restrictions for the subdivision shall be provided that include a
provision for the private conservation and maintenance of common areas as well as compliance
with the approved planned unit development elevation drawings, treatments and other
architectural elements.
A noteOD. the face of the final plat shall be provided for the pro-rata share of ownership of the
common area for taxation purposes.
9. Townhouse lots within the subdivision shall be identified by a lot number and letter such as Lot
IA� I.B or IC rather than being numbered sequentially as sbown on the preliminary plat.
2006223 O'�:4
10. That permits be obtained from the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for work done along
the creek channel or a letter from those agencies stating that the scope of work does not require
permitting. (FCCD / DNRC)
That a minimum 10-foot buffer shall be established between the westem internal roadway and
Greenbriar Subdivision to provide screening and buffering between the road and these houses.
This shall be in the form of berming, fencing or landscaping or a combination thereof. These
t
improvements are to be coordinated with the Kalispell Public Works Department, the Parks
and Recreation Department and the homeowners in Greenbriar Subdivision to the west.
1.2, The following requirements shall be met per the Kalispell Fire Department: Kalispell.
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
ffications at approved locations. Minimum fire flows shall be in accordance with
speci
International Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
C. Fire Department access shall be provided in accordance with International Fire Code (2003)
Chapter 5.
d. Secondary emergeDCY vehicle access shall be provided in accordance with International Fire
Code (2003) Chapter 5 and Kalispell Subdivision Regulations.
e. It should be noted that hazardous weed abatement shall be provided in accordance with City
of Kalispell Ordinance 10-8.
f, Street naming shall be approved by the fire department.
4
13. That a letter be obtained from the Kalispell Parks and Recreation Director approving a
landscape Plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk. (Kalispell Subdivision
Regulations, Section 3. 11).
14. That the areas designated on the plat as common shall meet the requirements for parkland
dedication provided they are developed in accordance with a plan approved by the Kalispell
Parks and Recreation Director that provides recreational amenIties including but not limited to
pedestrian access, irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. A letter shall be
submitted with the final plat stating that the common areas have been developed in accordance
with the approved park development plan. (Kalispell Subdivision Regulations, Section 3.19).
1.5. That a detailed flood study be completed determining the exact location of the floodway. No
fill, development or other disturbance of soil or vegetation shall be allowed within the
floodway. The location of the roadways and bike path /secondary emergency access shall. be
relocated so that no fill, development or disturbance of vegetation occurs in the 1.00 year
floodplain unless otherwise absolutely required, Any work, development or fill in the 100 year
floodplain shall be kept to a minimum and shall be directly related to providing secondary
2oo(;z23 0 "6
emergency access for the subdivision of the north approximately 400 feet of the bike /and
pedestrian path / emergency access road. It is anticipated that this may result in the
reconfiguration and / or loss of lots within the subdivision.
16. A floodplain development permit shall be obtained from the Kalispell Floodplain Administrator
for any limited but necessary work to be performed within the 100 year floodplain.
17. That a note be placed on the face of the final plat that waives protest to the creation of a special
improvement district for the upgrade of roads 'in the area to City standards which may be
impacted by this development.
18. That a letter be obtained from the Kalispell Public Works Department stating that the proposed
emergency accesses onto Cooper Lane has been reviewed and approved and any associated and
necessary improvements have been satisfactorily completed.
19. The roads within the subdivision shall be named and signed m accordance with the policies of
the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual and
be subject to review and approval of the Kalispell Fire Department. A letter shall be obtained
from the Kalispell Public Works Department stating the, naming and addressing on the final plat
have been reviewed and approved (Kalispell Subdivision Regulations, Section 3.09).
20. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter frorn the Kalispell Public Works
Department shall be obtained stating that the required easements are being shown on the final
plat.
0
21. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
22. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that it
does not intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations
Section 3.09(L)).
23. All utilities shall be installed underground. (Kalispell Subdivislon Regulations, Section 3.17).
24. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
25. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
26. That an easement agreement be obtained for the secondary emergency access across the private
property to the east that encompasses the nature and intent of the proposed roadway.
I --'� --11 6
0 0 (i zza ui` % -g�> vw�
27. That a development agreement be drafted by the Kalispell City Attorney between the City of
Kalispell and the developer outlining and formalizing the terms, conditions and provisions of
approval. The firial plan as approved, together with the conditions and restrictions imposed)
shall constitute the Planned Unit Development (PUD) zoning for the site.
28. That preliminary plat approval for the planned unit development shall be valid for a period of
three years from the date of approval. (Kalispell Subdivision Regulations, Section 2.04).
SECTION 111. The balance of Section 27.02-010, Official Zoning Map, City of Kalispell
Zoning Ordinance not amended hereby shall remain in full force and effect.
SECTION IV. This Ordinance shall take effect from and after 30 days of its passage by
the City Council.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL,, MONTANA, THIS 15TH
Pamela B. Kennedy
ATTEST:
eresa White
City Clerk
-e?- ci�--57�) 0
2006223 U -
PLANNED UNIT DEVELOPMENT AGREEMENT
WEST WOOD PARK
THIS AGREEMENT made as of the �-,<AkJay of August, 2006, by Craig and Connie
Denman, of 5733 Hwy 93 South, Whitefish, MT 59937, hereinafter WEST WOOD
PARTNERSH1P, and the City of Kalispell, a municipal corporation, of 312 Ist Avenue East,
Kalispell, Montana 5990 1, hereinafter CITY;
WITNESSETH
WHEREAS, WEST WOOD PARTNERSHIP is the fee owner of certain real property located
in Kalispell, Flathead County, Montana, which is further described as Assessor" S
Tracts 2CK, 2CH and 2CE located in Section 12, Township 28 North, Range 22
West, P.M.M., Flathead County, Montana and is hereinafter referred to as
"'Subject Property"; and
WHEREAS, (1) WEST WOOD PARTNERSHIP desires to have a Planned Unit Development
overlay (PUD) upon the subject property currently zoned as RA-1 Low Density
Residential Apartment that would allow some flexibility in setbacks, lot coverage
and lot size; and
WHEREAS, in order to allow the PUDI, assure the installation of infrastracture improvements
within the "Subject Property"', and prescribe the permitted uses therein, the parties
hereto detennine it to be in their interests to enter into this Development
Agreement.
1, GENERAL INTRODUCTION
§ 1.0 1 General
The use and development of the Subject Property shall substantially conform to and comply with
the provisions of the PUD Application filed by applicant and the conditions contained within
Kalispell City Resolution No. 5057 conditionally approving the preliminary plat of the West
Wood Park PUD and incorporated fally herein by this reference.
PLANNED UNIT DEVELOPER'S AGREEMENTiWEST WOOD PARK
Page 1 of 8
2.00(i2;Z3 0"
§ 1.02 Relationship to Zoning Ordinance
Except as specifically modified or superseded by this Development Agreement, the laws, irules
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.
§ 1.03 Drawings
The drawings comprising the Preliminary Plat and annexed 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 the final building pennit for development of the Subject
Property. This Development Agreement may be modified or amended only as set forth in Article
IV 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 infonuation as are reasonably necessary for the issuance of such.
c if
ert ication.
11. PARCEL DESCRIPTION
§ 2.01 The Subject Property, desen'bed in the recitals above, shall be developed with the
infrastructure improvements as described below.
No building permit shall be issued for any of the 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 parcel upon
which a building pennit is requested.
111. SITE CONDITIONS
§ 3.01 Public Infrastructure and Easements
1. The development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the PUD as approved by the city council.
PLANNED UNIT DEVELOPER" S AGREEMENT/WEST WOOD PARK
Page 2 of 8
2 0 0 G 2 Z 3 G ` %-' - - t)-a > 0
11. The plans and specifications for all public infrastructure shall be designed and in accordance
with Kalispell"s Standards for Design and Construction Standards and a letter shall be
obtained stating that they have been reviewed and approved by the Kalispell Public Works
Department.
111. All utilities shall be installed underground.
IV. A minimum of two-thirds of the necessary infrastructure for this subdivision shall be
completed prior to final plat submittal.
V. The following requirements shall be met per the Kalispell Fire Department. -
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
Intemational Fire Code (2003) Appendix B.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with Intemational Fire Code
(2003) Chapter 5.
d. Secondary emergency vehicle access shall be provided in accordance with International
Fire Code (2003) Chapter 5 and Kalispell Subdivision Regulations.
e. Hazardous weed abatement shall be provided in accordance with City of Kalispell
Ordinance 10-8.
f Street naming shall be approved by the fire department.
VT. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public
Works Department shall be obtained stating that the required easements are being shown on
the final plat.
V11. An easement agreement shall be obtained for the secondary emergency access across the
pnvate property to the cast that encompasses the nature and intent of the proposed roadway.
V111. A letter shall be submitted with the final plat from an engineer licensed in the state of
Montana certifying the improvements have been constructed in accordance with the
approved plans and specifications. As built drawings shall be submitted to the Kalispell
Public Works Department prior to final plat submittal for the completed infrastructure. A
letter from the public works department shall accompany the engineer's certification stating
that this condition has been met or otherwise adequately addressed
I
IX. An engineered storm water management plan shall be developed which utilizes on site
retention methods and insures that adjoining properties will not be impacted by storm water
runoff, snow melt or surface water.
PLANNED UNIT DEVELOPER" S AGREEMENTiWEST WOOD PARK
Page 3 of 8
2 0 0 G 2 2.3 0' �� 'w� > C� "
X. A note shall be placed on the face of the final plat that waives protest to the creation of a
special improvement district for the upgrade of roads in the area to City standards, which
may be impacted by this development.
X1. A letter shall be obtained from the Kalispell Public Works Department stating that the
proposed emergency accesses onto Cooper Lane has been reviewed and approved and any
associated and necessary improvements have been satisfactorily completed.
XII. Street lighting shall be located within the subdivision and shall have a full cutoff lens so that
it does not intrude unnecessarily onto adjoining properties.
§3.02 Floodplain Requirements and Parks
1. Permits shall be obtained from the Flathead Conservation District, Montana Department of
Natural Resources and the Montana Department of Environmental Quality for work done
along the creek channel or a letter from those agencies stating that the scope of work does not
require permitting.
11. A detailed flood study be completed detennining the exact location of the floodway. No fill,
development or other disturbance of soil or vegetation shall be allowed within the floodway.
The location of the roadways and bike path / secondary emergency access shall be relocated
so that no fill,, development or disturbance of vegetation occurs in the I 00-year floodplain
unless otherwise absolutely required. Any work, development or fill in the 100 year
floodplain shall be kept to a minimum and shall be directly related to providing secondary
emergency access for the subdivision of the north approximately 400 feet of the bike /and
pedestrian path / emergency access road. It is anticipated that this may result in the
reconfiguration and / or loss of lots within the subdivision.
111. A floodplain development permit shall be obtained from the Kalispell Floodplain
Administrator for any limited but necessary work to be performed within the 100-year
floodplain.
IV. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the five foot
landscape boulevard developed between the curb and the sidewalk.
V. Areas designated on the plat as common shall meet the requirements for parkland dedication
provided they are developed in accordance with a plan approved by the Kalispell Parks and
Recreation Director that provides recreational amenities including but not limited to
pedestn'an access irrigation, landscaping and play equipment so as to provide a recreational
component within the development and not simply left as passive open space. A letter shall
be submitted with the final plat stating that the common areas have been developed in
accordance with the approved park development plan.
VI. All areas disturbed dun'ng development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
PLANINED UNIT DEVELOPER'S AGREEMENT/WEST WOOD PARK
Page 4 of 8
2 0 0 G 2 2.3 U" -' 2;: b-, `6' 0
§3.03 Lot Requirements, Setbacks and Common Areas
1. Front yard setbacks for the townhouses that have garage access directly along the right of
way shall insure a minimum distance of 20 feet betvveen the garage and the sidewalk and
would apply to Lots 11, 12 and 13. This would not apply to townhouses that have some
other provision for handling access and on site parking.
11. A minimum 20-foot rear setback shall be maintained between the buildings and the exterior
boundan'es of the subdivision.
111. Covenants,, conditions, and restrictions for the subdivision shall be provided that include a
provision for the private conservation and maintenance of common areas as well as
compliance with the approved planned unit development elevation drawings, treatments and
other architectural elements.
IV. A inote on the face of the final plat shall be provided for the pro-rata share of ownership of
the common area for taxation purposes.
V. Townhouse lots within the subdivision shall be identified by a lot number and letter such as
Lot I A, I B or I C rather than being numbered sequentially as shown on the preliminary plat.
V1. A minimum 10-foot buffer shall be established between the westem intemal roadway and
Greenbriar Subdivision to provide screening and buffefing between the road and these
houses, This shall be in the for-fn of berming, fencing or landscaping or a combination
thereof. These improvements are to be coordinated with the Kalispell Public Works
Department, the Parks and Recreation Department and the homeowners in Greenbn'ar
Subdivision to the west.
V11. The roads within the subdivision shall be named and signed in accordance with the policies
of the Kalispell Public Works Department and the Uniform Traffic Control Devices Manual
and be subject to review and approval of the Kalispell Fire Department. A letter shall be
obtained from the Kalispell Public Works Department stating the naming and addressing on
the final plat have been reviewed and approved
V111. The developer shall provide a letter from the U.S. Postal Service approving the plan for mail
I
service.
IV, AMENDMENT OR MODIFICATIONS OF
DEVELOPMENT AGREEMENT
§ 4.01 This Development Agreement may be amended or modified only, by application of the
orth herein.
owner in accordance with the procedures set f
§ 4.02 Application for amendment or modification may be made, to the City of Kalispell Site
Review Committee, by any fee owner of a parcel in respect to the Subject Property.
PLANNED UNIT DEVELOPER'S AGREEMENT/WEST WOOD PARK
Page 5 of 8
2 0 0 6
§ 4.03 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. 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.
§ 4.04 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 mm'or or major.
§ 4.05 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.
§ 4.06 If the amendment or modification requested i's 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.
§ 4.07 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.
V, CONSTRUCTION PERMITTING
§ 5.01 General Requirements
1. No building permit in respect to the building in any structure shall be issued by the Building
Department until the Director of Public Works has certified to the Building Department that
the infrastructure improvements and roads as required herein substantially conform to the
Site Condition requirements contained in this Agreement and that said improvements have
been constructed or security guaranteeing the constTuction has been received by the City.
11. For purposes of this Section, the "Security" required shall be in an amount equal to 125% of
the developer's Licensed Engineer's estimate of the cost of constructing said improvements,
VI, MISCELLANEOUS
§ 6.01 Effective Date
This Agreement shall be effective immediately and shall remain in full force and effect
until all parcels within the Subject Property are developed or August 15, 2008, whichever
occurs first.
PLANNED UNIT DEVELOPER'S AGREEMENT/WEST WOOD PARK
Page 6 of 8
2006223
§ 6.02 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 fall force
and effect.
§ 6.03 Recordation
This Agreement shall be recorded along with the CCNR's with respect to the subject
property.
§ 6.04 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 tenn of this Agreement, there is a
variance between the provisions of this Agreement and the CCNR's, filed with respect to
the subject property, this Agreement shall take precedence.
§ 6.05 Binding Effect
I
This Agreement shall be binding upon and inure to the benefit of the respective parties
heirs, successors and assigns.
Dated this _24�,L/day of August, 2006.
WEST WOOD PARTNERSHIP
by, Craigoo6endpmp�an
L
by: Connie Den "man
CITY OF KALISPELL
B 1TV.
Janqje H. Patrick, City Manager
PLANNED UNIT DEVELOPER'S AGREEMEN'T/WEST WOOD PARK
Page 7 of 8
20062;Z.3
STATE OF MONTANA
):SS
County of Flathead
On this q4�' day of August, 2006, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared CRAIG DENMAN and CONNIE DENMAN'that
executed the foregoing instrument, and each person acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate fi 4? en.
ri
e
HO-FARIAL
STATE OF MONTANA
County of Flathead
a
Totary Public, State of Montana
,
'Residing at
My Commission 1�xpire"s (;//'A tam
/ 4 -j
On this f,� �t,,,day of August, 2006, before me, a Notary Public in and for the State of
Montana, personally appeared JAMES H. PATRICK, 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.
o%
a
OPP
WIN%
%
Notary Public, State of Montana
Residing at
V-
My Commission Exp1res ... ...... ... �;\aS
�0 7--
PLANNED UNIT DEVELOPER" S AGREEMENTMEST WOOD PARK
Page 8 of 8