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Fire Apparatus Access Road AgreementReturn to: Aimee Brunckhorst Kalispell City Clerk 201 1" Avenue East Kalispell, MT 59901 1111111111111 II 11111111111111111111111111111111111111201700o20566 Page: i of 2 Debbie Pierson, Flathead County MT by DD 8/23/2017 3�29 PM FIRE APPARATUS ACCESS ROAD AGREEMENT THIS AGREEMENT, made and entered into this ^^ day of i�� SST , 20 )--T, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and hereinafter referred to as the CITY, and Team Development, LLC a Limited Liability Corporation located at P.O. Box 1642 Brush Prairie, WA 98606, 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 within the City of Kalispell, known as Southside Estates, a 42-lot subdivision located at NHN Pintail Drive — A portion of Tract 4 in the SW4 SE4, S19, T28N, R21W; and j WHEREAS, among the conditions of approval for the preliminary plat was condition number twenty three (23), which states that all residences shall be constructed with fire sprinkler systems due to the fact that there is only a single access road into the subdivision; and WHEREAS, the maximum number of dwelling units permitted on a single access road into the subdivision is limited to thirty (30) without fire sprinklers being installed; and WHEREAS, the Developer has purchased adjacent property to the east that will allow for the construction of a second fire apparatus access road; and WHEREAS, the Developer desires to construct a second fire apparatus access road into the subdivision, negating the need for fire sprinklers; and WHEREAS, the City of Kalispell Fire Chief has reviewed the plans for the second fire apparatus access road and determined that it meets the requirements as a second fire apparatus access road capable of supporting a vehicle of at least 75,000 pounds. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1) That the second fire apparatus road is to be located as shown on the attached plan. 2) That the second fire apparatus road will be minimum 20' in width. 3) That the second fire apparatus road will be constructed by removing existing top soil to a point approved by Public Works, installing an improved silt fabric base with 18" of 3" minus rock and then topped with 6" of 3/4" minus rock. 4) That the second fire apparatus road will be maintained so as to not fall into disarray and shall provide access by a fire truck at all times (including winter snow events). 5) That the second fire apparatus road shall be constructed and approved prior to building permit issuance of the 3 V dwelling unit within the subdivision. 6) That if the second fire apparatus road is not installed prior the building permit issuance of the 31" dwelling unit, no additional building permits for residential dwelling units will be issued for the subdivision, unless the Developer receives approval from the fire chief for an alternate solution. 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, and is subject to this agreement until which time a permanent secondary fire apparatus access road is constructed and approved by applicable city departments. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein Team Welopment, LLC %/,t enr (Name) (Title) 61 STATE OF MONTANA COUNTY OF � \ 6k+- ke a t� On this _ day of 20 �'� , before me, a Notary Public for the State of Montana, personally appeared a t (t n W p,(I S , known to me to be the Yy_.,.pi42bl�' off; p a n-) Df' V� ( 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. �,AO N(1,o SHANNON L VOJTA y�PaQtARq� ✓p NOTARY PUBLIC for the NotaryPublic for the State of M tana State of Montana 1 / * SE wi_ * Residing at Kalispell, Montana Printed Name s {'1 o /) i) d , 1 L - V �� �lyT Pe`� My Commission Expires FOF M0� Residing at /i ( ( 5%_� t ( April 27, 2021 My Commission Expires Ulu 1 's ,i MAYOR, CITY OF KALISPELL MAYOR ATTEST: s CITY CLERK ®. M0®. ill