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Q APPENDIX E
SUBDIVISI IMPROVEMENT A REEMENT
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THIS AGREEMENT, made and entered into this day of 200 and
by
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, PaAy of the First Part and
hereinafter referred to as the CITY, and
MEDICAL ARTS PHARMACY OF KALISPELL, LTD.,
-(Name of Developer)
a CORPORATION
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, NIT 59903
200700031776 Fees, $56.00 by' DD
SUBDIVIsION IMPROVEMENT AGREEMENT by KALISPE
DatelO/17/2007 Tirne2'3 Page: 1 of 8
Paula Robinson, Flathead 'ol PM
C unty Montana
(Individual, Company or Corporation)
located at 290 CONWAY DRIVE KALISPELL, FLATHEAD COUNTY, MONTANA, 59901,
(Street Address/P. 0. Box) (City, County, State, Zip)
Yarty of the Second Part and hereinafter referred to as DEVELOPER.
SSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
WESTVIEW BUSINESS CENTER NO. 2 (Name of
3ubdivision)
at 101 AND III WESTVIEW PARK PLACE OFF NORTH MERIDIAN ROAD
i of Subdivision)
WHEREAS, the City has conditioned it's approval of the final plat of
ESTVIEW BUSINESS CENTER NO.2 -, upon the conditions as set forth (Name
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
$4,210.
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 $ 5262.50 . 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:
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a. That the creditor guarantees funds in the sum of $ 5262.50 the estimated
cost of completing the required improvements in W�STVIEW BUSINESS CENTER NO.2.
(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 MAY5,2008.
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 one (1) year 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.
Document Number: 200700031776
Page'. 2
rr 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 froin the Subdivision Improvement
Agreement.
That if the City deten-nines 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.
WESTVIEW BUSINESS CENTER NO.2
(Name of Subdivision/Developer/Firni)
Ar�, �?"
(Title)
STATE OF M A A
COUNTY OF�
On this 110' day of 1j d0f 20_0�, before me, a Notary Public for the
State of Montana, personally appeared known to me to be
the n V_�i_tc-,L_ of Mt�P whose name is
subscribed to the foregoing instrument and acknowledged to me that 5eshe executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and
ear irst a ove wri
Notary Publi� for the Stite of Montana
Wr
Printed Name DE)0,,-TLAt5 j "0t:"f:4:M%J N
Residing at S
FAAL
M Commission Expires :%till-g-006
OF MO�6'
MAY R, CITY OF KALISPELL ATTEST:
ZIX
7,
CITY CLERK
111111111 IN 11111111111111111111111111111111111111111111111111111111111111111111111111111111111111 IN
Document Number: 200700031776
Page: 3
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RESOLUTION NO. 5145 IV
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A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINMY PLAT OF
WESTVIEW BUSINESS CENTER #2, MORE PARTICULARLY DESCRIBED-Ast,0 XQS.,'�-_Y�
1._
AND 3 OF WESTVIEW BUSINESS CENTER, LOCATED IN PORTIONS OF THE
WHEREAS, Medical Arts Pharmacy of Kalispell, LTD, the owner of the certain real property
described above, have 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
August 8, 2006 on the proposal and reviewed Sub&, isio.n. Report #KIPP-0-6-7 issued
by the Kq.1iSne.11 Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Westview Business Center #2 subject to certain
conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of September
5, 2006, reviewed the Kalispell Planning Department Report #KPP-06-7, 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:
SECTIONI. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-06-7 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Medical Arts Pharmacy of Kalispell, LTD for
approval of the Preliminary Plat of Westview Business Center #2, Kalispell,
Flathead County, Montana is hereby approved subject to the following
conditions:
1. That the final plat for the subdivision shall be in substantial compliance with the approved
preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat)
2. The following requirements shall be met per the Kalispell Fire Department and a letter be
obtained from the department stating that the following requirements have been met (Kalispell
Subdivision Regulations, Section 3.20).
-gneo to pro Jrl- f"lows shall be installed PH
-;a. Water mains desi vide rnhniinuili t � CILY
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code (2003 edition).
11111111 IN 1111111111111111111111111111111111111111111111111111111 1111111111
Document Number: 200700031776
Page: 4
b. I/ 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
edition).
3. The developer shall submit to the Kalispell Public Works Department 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 improvements have been built as designed and approved. (Kalispell Design and
Construction Standards)
4. The developer shall submit to the Kalispell Public Works Department an erosion/sediment
control plan for review and approval. Prior to final plat, the approved plan shall be
implemented. (Kalispell Design and Construction Standards)
5. J A one -foot no access strip shall be shown on the face of the final plat along the wester. -a
boundary of lot 2A (Findings of Fact Section A).
6. Prior to final plat the dead and dying trees in the boulevard fronting the lots shall be replaced
and the boulevard shall be seeded in accordance with the design standards and policies of the
Kalispell Parks and Recreation Department (Kalispell Parks and Recreation Department and
Kalispell Subdivision Regulations Section 3.09).
7. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section
3.17).
8. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
9. That preliminary plat approval shall be valid for a period of three years from the date of City
Council approval. (Kalispell Subdivision Regulations, Section 2.04).
SECTION 111. 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 COUNCILAND SIGNED BY THE MAYOR OF THE
CITY OF KALISPELL, THIS 5TH DAY OF
ATTEST:
Theresa White
City Clerk
Document Number: 200700031776
Page: 5
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion date
and estimated construction costs.
CHECK
CONSTRUCTION
ESTIMATED PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION COMPLETE
IMPROVEMENTS
DATE
COSTS
Street Grading/Paving
X
SEPT. '10. 2007
$400
Street Base
X
SEPT. 30, 2007
$280
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other
On -Site Sewage
Facilities
Water Systems
Mains
Other
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
X
SEPT. -30, 2007
$2,480
Drainage Facilities
Street Signs
Street Lighting
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping (Sod)
X
SEPT. 30, 2007
$650
Other (Mobilization, ect.)
X
SEPT. 30, 2007
$400
SUBTOTAL $4210
FEES
TOTALS COSTS $4210
TOTAL COLLATERAL (TOTALS COSTS X 125%) $5.262.50
IIIIIIIII IN IIIII III III 1111111111111111111111111111111111111111111111 1111111111 IN 1111
Document Number: 200700031776
Page: 6
101,14til
CERTIFICATE OF ENGINEER
1, lan J. Bailey, a Licensed Professional Engineer in the State of Montana, acting on
behalf of Thomas, Dean & Hoskins, Inc., do hereby certify:
Estimated costs in Exhibit B attached hereto are true and accurate;
Work completed has been completed in accordance with approved plans and
specifications, standards of Flathead County and the State of Montana.
-'AW-)
Done this,��day of c7e��z— �Z 2007
V,
Ian E Bailex"'P >
N A'�-
Certificate of Notar-y
State of Montana
County of Flathead
On this day of -SX-�f---, 2007, before me the undersigned, a Notary Public
for the State of Montana, personally appeared 141 J *Altf-ty I known to me
to be the person whose name is subscribed to the forgoing instrument and acknowledged
to me that he executed the same.
JOSH if,
04-
,\o'
Notary Public for fhe State of
Residing at A4AU4.,fF-U-
My Commission Expires on 7/111 Zeclb
*,i NOTARYI*
SEAL
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Document Number: 200700031776
Page: 7
Estimated Construction Costs
Amount
Cost
Unit
Total
8" PVC, SDR 35, Storm Drain Pipe
12
$40.00
LF
$480.00
30" RCP, Storm Drain Vault
-�od
1
$2,000.00
EA
$2,000.00
& Sprinkler System
Removal & Replacement
80
$5.00
SF
$400.00
Asphalt Removal & Repaving
8
$50.00
SY
$400.00
Crush, 3/4" Road base
8
$20.00
SY
$160.00
Pit Run, 12" Road sub base
-�7ilt
3
$40.00
CY
$120.00
Fence
25
$10.00
LF
$250.00
Mobilization & Bonding
$400.00
LS
$400.00
,Total
$4,21
Document Number: 200700031776
Page: 8