Phases 1 and 2 SIA Extension dated 2/19/02LONEPINE VIEW ESTATES AND LONEPINE VIEW ESTATES, PHASE 2
SUBDIVISION IMPROVEMENT AGREEMENT EXTENSION
THIS AGREEMENT, made and entered into this day of
February, 2002, by and between the City of Kalispell, Montana,
Flathead County, Montana (hereinafter City) and Vista Construction,
Inc., a Washington Corporation (hereinafter Vista) and Glenn R.
Uskoski, an individual (hereinafter Uskoski):
W I T N E S S E T H:
WHEREAS, City, Vista, and Uskoski entered into a subdivision
improvement agreement relating to the installation of
public infrastructure improvements on Lonepine View
Estates and Lone Pine View Estates, Phase 2, dated March
13, 1997, and
WHEREAS, said Subdivision Improvement Agreement required Vista and
Uskoski to complete all infrastructure improvements on or
before December 31, 1999, and
WHEREAS, in December, 1999, Vista and Uskoski requested an
extension in order to complete the required
infrastructure improvements, and
WHEREAS, as of that date, the only infrastructure remaining to be
installed consisted of approximately 500 of the sidewalks
required within the public right-of-way, and
WHEREAS, the estimated total of the cost of installing the
remaining sidewalks within the subdivisions is the sum of
$16,646.00, and
WHEREAS, an extension to complete the infrastructure improvements
was granted until December 31, 2000, and
WHEREAS, Vista and Uskoski continue to desire to delay
installation of the remaining sidewalk to coincide with
the construction of buildings on lots and have therefore
requested another extension, and
WHEREAS, it is anticipated that buildings will be constructed upon
the lots prior to September 30, 2002.
NOW, THEREFORE, in consideration of the covenants and agreements
contained herein, the City, Vista and Uskoski hereby agree as
follows:
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1. That pursuant to ¶ 5 of the Lonepine View Estates and
Lonepine View Estates, Phase 2, Subdivision Improvement
Agreement, Vista and Uskoski are hereby granted an
extension until September 30, 2002 to complete
installation of sidewalks within the public right-of-way
in Lonepine View Estates and Lonepine View Estates, Phase
2.
2. That Uskoski shall, for the benefit of Vista, deposit a
new Certificate of Deposit, issued by First Interstate
Bank, N.A., in the amount of Twenty Thousand Eight
Hundred and Seven Dollars ($20,807.00) in the name of the
City of Kalispell with Escrow Services, P.O. Box 294,
Kalispell, Montana 59903-1997.
3. Said Certificate of Deposit shall guarantee funds in the
sum of Twenty Thousand Eight Hundred and Seven Dollars
($20,807.00), said sum being 125% of the estimated total
cost of completing installation of sidewalks within the
subdivisions.
4. That the City shall release from Escrow Services the
Certificate of Deposit, securing performance of the
previous Subdivision Improvement Agreement Extension, in
the amount of Twenty Thousand Eight Hundred and Seven
Dollars ($20,807.00) and return said Certificate of
Deposit to Uskoski upon execution of this Agreement and
filing of the same with Escrow Services.
5. All other terms and conditions of the Lonepine View
Estates and Lonepine View Estates, Phase 2, Subdivision
Improvement Agreement not amended hereby shall remain in
effect.
Dated this !q— day of fi�, 2002.
ATTEST:
414
VISTA CONSTRUCTION, INC.
By , �
Its F D
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RFSTATE OF )
ss
County of iI 1_ )
On this day of 2002, before me,
personally appeared Glenn R. Uskoski and E, i1Jj f both to
me personally known, who being duly sworn, did say that he, the
said Glenn R. Uskoski is the President and (s)he, the said
s 9, is the Secretary of VISTA CONSTRUCTION, INC. the
within named Corporation, and that the seal affixed to said
instrument is the corporate seal of said Corporation, and that said
instrument was signed and sealed on behalf of said Corporation by
authority of its Board of Directors, and Glenn R. Uskoski and
s e (,% % % acknowledged said instrument to be the free act and
deed of said Corporation.
IN WITNESS WHEREOF, I
Notarial Seal, the day and
i
STATE OF f
have hereunto set my hand and affixed my
year first above written.
tu ic, State of 6�
s . Ting at w 61
Commission expires (�--
: ss
County of C )
On this day of 2002, before me appeared
Glenn R. Uskoski, to me personally known, who being duly sworn,
acknowledged to me that he executed the within instrument for the
purposes therein stated.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year last) above yrjepten. /I
SEAL
��y�ylty • , a �.
ry Public, tate of
e/iding atAAP
Commission expires ��-
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CITY OF KALISPELL
By:
Its: City Manager
ATTEST:
-7ZV4&-
Theresa White
City Clerk
STATE OF MONTANA
ss
County of
On this 'A-i,.._. day of , 2002, before me, a
Notary Public in and for the State of Montana, personally appeared
Chris Kukulski, City Manager for the City of Kalispell, Montana, a
municipality, that executed the within instrument, and acknowledged
that such City Manager subscribed, sealed and delivered said
instrument as the free and voluntary act of said municipality, for
the uses and purposes therein set forth, and that he was duly
authorized to execute the same on behalf of said municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and of fixed my
Notarial Seal, the day and year first above written.
Notary Public, State of Montana
SEAL Residing at�����
Commission expires 2 25
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