2018 SIA/Bridgewater LLC/Treeline CenterIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII FPage: I of 3
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Debbie Pierson, Flathead County MT by SC 7/5/2018 2:32 PM
110 — Appendix F — Subdivision Improvement Agreement
APPENDIX F
SUBDIVISION IMPROVEMENT AGREEMENT
Return to:
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Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this t 8 day of ,J"YV � , 20 ($ ,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First
Part and hereinafter referred to as the CITY, and
Bridgewater LLC
(Name of Developer)
a Limited Liability Company
(Individual, Company or Corporation)
located at 53 4th Ave East N, Kalsipell, MT 59901
(Street Address/P. O. Box) (City, County, State, Zip)
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
Treeline Center
(Name of Subdivision)
located at
Southwest auarter of the Northwest quarter of Section 36, Township 29 North, Range 22 West, P.M.M. City of Kalispell.
(Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of
Treeline Center , upon the conditions as set
forth (Name of Subdivision) 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
I I I — Appendix F — Subdivision Improvement Agreement
$124747.78
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by
the City, the Developer hereby agrees as follows:
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 $ $155,934.73
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 $ $155,934.73 the estimated
cost of completing the required improvements in Treeline Center
(Name of Subdivision)
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 limited
of credit stated in the letter;
2. That said required improvements shall be fully completed by September 1 20 18
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.
112 —Appendix F — Subdivision Improvement Agreement
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.
Bridgewater LLC
(Name of Subdivision/Developer/Firm) �--�
by Member
(Title)
STATE OF MONTANA
COUNTY OF F I a INy o-d
On this V W ^ day of J Q#AL-� , 20_3_, before me, a Notary Public for
the State of Montana, personally appeared V fm %y%, _r, V_Yo , known to
me to be the wy_yy-_ 1Qe,�2c of gvld(tfAAOJ e/ 1.1 ( , 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.
JANNA C TIKKA
pTAR/q •, ; NOTARY PUBLIC for the
NOta6 Public for the State of Montana STATE OF MONTANA
NA SEAL 2Q Residing at Kalispell, Montana
Printed Name Avl:y\&
?r - A My Commission Expires
Residing at 57116 43 V_FOF rn.0 March 22, 2022
My Commission Expires 11 odc,1� Z 2, 202 2
r-EITY KALISPELL
fwjo, n aje,
ATTEST:
CIT CLERK :�'���'�
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