Subdivision Improvement Agmt/Kalispell North Town CenterSUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this th day of 31A_ (y , 20 11 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and Stillwater Corporation, a corporation,
7338 Kalispell, MT 59903-7338,
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Kalispell North Town Center `Phase 1, Lot 1, Block 1 (FORD LOT)
(Name of Subdivision)
located at North of Reserve Avenue and East of Highway 93, Kalispell Montana
(Location of Subdivision)
and,
WHEREAS, the City has conditioned its approval of the final plat of Kalispell North Town Center,
Phase 1, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and
all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes
to bond 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 an
( 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 $1,312,188.76.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
Appendix — Page A-24
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral
as determined by the City Council, in the amount of $ 1,640,235.95 . Said Letter of
Credit or other collateral shall have an expiration date of at least sixty (60) days following the
date set for completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of $ 1,640,235.95, as 125 percent of the estimated
cost of completing the required improvements in Kalispell North Town Center, Phase 1.
b. That if the Developer fails to complete the specified improvements within the required period,
the creditor will pay to the City immediately, and without further action, such funds as are
necessary to finance the completion of those improvements up to the limit of credit stated in the
letter;
2. That said, required improvements shall be fully completed by October 31, 2018.
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer 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. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer 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:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to insure such compliance. If the City determines that the Developer 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 funds 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 Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
Stillwater Corporation
Jeff Claridge, Vice President
STATE OF MONTANA
COUNTY OF FLATHEAD
On this day of , 20i�, before me, a Notary Public for the State
of Montana, personally appeared , known to me to be the
W, Of V' 2 , whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
Notary u=theState:�of ontana
Residing
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MAYOR, CITY OF KALISPELL
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EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
Exhibit B is the attached Engineers Opinion of Probable Cost which specifically includes 100% of the
improvements required for the preliminary plat as outlined in Exhibit `A'.
Exhibit A
rNo ,. 8O i
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
KALISPELL NORTH TOWN CENTER, PHASE 1, LOCATED IN THE SOUTHWEST
QUARTER OF SECTION 19 AND THE NORTHWEST QUARTER OF SECTION 30,
TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Stillwater Corporation, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of said property; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on.
January 10, 2017 on the proposal and reviewed Subdivision Report #KPP-16-03
issued by the Kalispell Planning Department; and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Kalispell North Town Center, Phase 1, subject to
certain conditions and recommendations; and
WHEREAS, the city council of the City of Kalispell at its regular council meeting of February 6,
2017, reviewed the Kalispell Planning Department Report #KPP-16-03, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-16-03 are hereby adopted as the Findings of Fact of the city council.
SECTION 2. That the application of Stillwater Corporation for approval of the Preliminary
Plat of Kalispell Town Center, Phase 1, Kalispell, Flathead County, Montana
is hereby approved subject to the following conditions:
The development of the site shall be in substantial compliance with the application
subr-pitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council.
2. All applicable conditions within Ordinance 1630 (Glacier Town Center PUD) shall apply.
3. The preliminary plat approval shall be valid for a period of three years from the date of
approval.
4. The developer shall submit to the Kalispell Public Works Department for review and
approval a storm water report and an engineered drainage plan that meets the requirements
of the current city standards for design and construction. Prior to final plat, a certification
shall be submitted to the Public Works Department stating that the drainage plan for the
subdivision has been installed as designed and approved.
5. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Storm Water Discharge Associated with Construction Activities.
6. The developer shall submit water and sanitary sewer plans, applicable specifications, and
design reports to the Kalispell Public Works Department and the Montana Department of
Environmental Quality for concurrent review, with approval of both required prior to
construction.
7. The developer shall submit the street design to the Kalispell Public Works Department for
review and approval prior to construction.
Existing onsite infrastructure shall be improved to meet the minimum City of
Kalispell Standards for Design and Construction.
9. A letter from the Kalispell Public Works Department shall be submitted stating that all
new infrastructure has been accepted by the City of Kalispell or a proper bond has been
accepted for unfinished work.
10. 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.
11. A 10' utility easement needs to be provided for along the arterial streets.
12. 40' of additional right-of-way is required along the northern half of Tract t of COS 15221 for
the southern portion of Rose Crossing as it approaches the intersection of Whitefish Stage
Road.
13. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering
to provide telephone, telegraph, electric power, gas, cable television, water or sewer service
to the public, the right to the joint use of an easement for the construction, maintenance,
repair, and removal of their lines and other facilities, in, over, under, and across each area
deijgn ed n this -at "Utility Easement" to have and to hold forever."
eveloper's Signature
14. Prior to filing the final plat, a letter from the US Postal Service shall be included stating
the Service has reviewed and approved of the design and location of the mail delivery
site. The mail delivery site shall be installed or bonded for prior to final plat. In
addition, the mail delivery site and improvements shall also be included in the
preliminary and final engineering plans to be reviewed by the Public Works
Department. The mail delivery site shall not impact a sidewalk or proposed boulevard
area.
15. A property owner's association (POA) shall be formed and established for the common areas
prior to final plat. The POA should include provisions for the maintenance of all common
areas including the storm water ponds, parks and open space areas.
16. A parks maintenance district shall be formed incorporating all lots, commercial and residential
within the subdivision. This district shall only be activated in the event that the property owners'
association defaults on their park and open space amenity conditions. The taxes levied within the
maintenance district shall be determined by the Parks and Recreation Department with approvals
by the Kalispell City Council.
17. 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 landscape
boulevards of the streets serving the subdivision. The approved landscape plan shall be
implemented or a cash in lieu payment for installation of the street trees and
groundcover be provided to the Kalispell Parks and Recreation Department.
18. The bike path located along US 93 shall be extended across Rose Crossing at the US 93-
Rose Crossing intersection.
19. The bike path along Rose Crossing shall not have a mid -block crossing.
20. All utilities shall be installed underground.
1. All areas disturbed during development shall be re -vegetated with a weed -free mix
immediately after development.
22. The following requirements shall be met per the Kalispell Fire Department and so certified
in writing by the 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 International Fire Code.
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.
d) It shall be noted on the face of the plat that hazardous weed abatement shall be
provided in accordance with City of Kalispell Ordinance 10-8.
e) Street naming shall be approved by the fire department.
23. Flathead Drive should be renamed in coordination with the Public Works Department and
Fire Department as it conflicts with an existing named road.
24. At time of final plat of each phase the proportionate share of the water rights shall be
transferred to the city.
SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL THIS 6TH DAY OF FEBRUARY, 2017.
Mark Johnson
Mayor
ATTEST:
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Brunckhorst, CMC''
City Clerk
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