Eastside Townhouses/SIA ExtensionTo: Deb Deist
City of Kalispell Treasurer
From: Mark Crowleea-
Constructionr x/
Date: December 12, 2008
Re: Eastside Townhouses subdivision
Deb,
This department has received a request from the developer to extend the
SIA for Eastside Townhouses. The current Payment Bond is still valid
and this department concurs with the proposed completion date of May
1, 2009.
Should you have any questions, do not hesitate to call.
Cc: Dan Sandler; 11 Harvest Lane, Kalispell, MT 59901
Planning Department
201 1' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758- 7720 — Fax (406) 758- 7831
www.kalispell.com
Return to:
Theresa White
Kalispell City Clerk
201 1" Avenue East
Kalispell, MT 59901
APPENDIX
..O
THIS AGREEMENT, made and entered into this � � � day of Dc(t - , 200 ,Y , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
a>li Sciidlel , (Name of
Developer)
(Individual, Company or orporation)
located at f /� 'tV eS 1 Let , -�° {. ,)�� s d F `, ti �?'C,
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHE AS, the Developer is the owner and developer of a new subdivision known as
s (Name of
Subdivision)
located at
y t7 / r�
(Location of Subdivision)
and,
WHEREAS, the (�ity has conditioned it's approval of the final plat of
5 , 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
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 $_ 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 $ the estimated cost of
completing the required improvements in �
(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 �4 �, 20 { 7
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.
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.
Subdivision improvement Agreement Appendix E — Page 29
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
APPROPRI TE COMPLETION CONSTRUCTION COMPLETE
IMPROENTS DATE COSTS 0 �
Street Grading%Paving ! — - 2-00? -400 L/
Street Base
Sidewalks
d�lz
LIZ
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( }
On -Site Water Supply
Water Storage Tanks
Fire Hvdrants
Storm Sewer or
}
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping./ Boulevard trees
Other ( )
0 7
i%
07
1-1-2009
SUBTOTAL !-2, Onot
FEES
TOTALS COSTS
TOTAL COLLATERAL (TOTALS COSTS X 125%)
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
(Name of Subdivision/Developer/Firm)
byt�A
(Title)
Cat
STATE OF MONTANA
COUNTY OF FL&-r4& /4 D
On this /6 q1A _ day of 1 e7 �'-7-P&q , 20 0 � , before me, a Notary Public for the State
of Montana, personally appeared D IjtC-' 4. S A A-2 b � � , known to me to be the
610A) cx— of SAS a.�/mot- !�����sl�, 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.
Notary Public for the State of Montana �� F,RIA4�e'
Printed Name f 1-1&w- -S q 1-1-4-
Residing at k'AL4 S pkke I—
My Commission Expires 03 0 G
MAYOR, CITY OF KALISPELL ATTEST: SATE OF t 818
MAYOR
CITY CLERK