SIASUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 134'�2 day of — hAq,,,� -, 20 01 , by and
between CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and RONNIE PACK, 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
Westgat , located in Kalispell, Montana in the SW 1/4, SE 1/4 of Section 12, Township 28N, Range
22W, Flathead County, Montana; and,
WHEREAS, the City has conditioned it's approval of the final plat of Westgat , 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 professional engineer included herewith as "Exhibit B "; and,
WHEREAS, the estimated total cost of construction of said remaining improvements is the sum
of $ 2,550.00 .
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the
City, the Developer hereby agrees as follows:
I . 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 $ 3,187.50 .. Said Letter of
I
Credit or other collia-tellal 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 $ 3,187.50, which represents 125%
of the estimated cost of completing the required improvements in Westgate.
b. That if the Developer falls 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 of Credit;
2. That said required improvements shall be fully completed by June 15, 2001
3. That upon completion of the required improvements, the Developer shall cause to be filed
with the City a statement certifying that:
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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 Citv,
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 plans and 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
Zn
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
plans and 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 plans and specifications, or within
the required time lin1lit(s), it may withdraw the collateral and em loy such funds as may be necessary to
p I
construct the improvement(s) in accordance with the plans and specifications, The unused portions of
the collateral shall be returned to the Developer or the crediting institution, as is appropriate.
That as improvements are completed, the Developer may apply to the City for a release of part of
the collateral deposited with the City. The proportion of the collateral released may not exceed the
proportion which the improvements completed represent of all originally required improvements;
otherwise, said Letter of Credit may not be withdrawn until released by the City.
That this agreement shall inure to the benefit of and be binding upon any successors in interest,
heirs, or assignees.
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IN WITNESS WFIEREOF, the Parties to this agreement have hereunder set their hands and seals
the day and year herein before written.
WESTGATE SUBDIVISION
RONNIE PACK
......... - ------
By�
(Title)
STATE OF MONTANA, COUNTY OF FLATHEAD
On this 1'346— day of [00A-c-�A ) 20 0 1 , before me, a Notary Public for the State of
Montana, personally appeared —R o n r\'i e- paCic known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and
vea&&&t.above written.
'00'ev
a]
1.4
1.9
OF
-- 14� -
Notdy Pudic for Re State of Montana
Residing at KaAl-sz-)e-1 k
I
My Commission Expires '21IS103
This s hereby approved and accepted by the City of Kalispell this dayof
20 6)
MAYOR, CITY OF KALISPELL
LO-12
Mayor
ATTEST:
8 C5
E—J, L,
By:
Vinance Director
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