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Correspondence-A GLAcIER BANK -COPY PO Box 27, Kalispell, MT 59903 (406) 758-4345 fax (406) 756-4204 January 27, 2006 City of Kalispell 312 1" Ave. E. Kalispell, MT 59901 RE: Appleway Business Park Irrevocable Letter of Credit No. 1-06-276 Amount: $11,150.00 Expiration Date: July 27, 2007 Glacier Bank has established an Irrevocable Letter of Credit in your favor at the request of and for the account of Appleway Business Park, 935 E. Oregon St., Kalispell, MT 59901, up to the aggregate amount of ELEVEN THOUSAND ONE HUNDRED FIFTY AND 00/100 US DOLLARS ($11,150.00), for sidewalks along the Appleway Business Park Project. If Appleway Business Park fails to complete the specified improvements along the Appleway Project within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. Said funds are available by presentation of your sight draft(s), which clearly specifies the number of this Letter of Credit and shall be presented at the office of Glacier Bank, 202 Main Street, Kalispell, MT 59901. All drafts must be presented prior to the expiration date stated above, and this Letter of Credit must accompany the final draft for payment. Draft(s) drawn in conformity with the conditions of the credit will be honored by us if presented at our office on or before July 27, 2007. MEMBER FDIC AN EQUALOPPORTUNITY City of Kalispell January 27, 2006 Page 2 This letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. Unless otherwise expressly stated, this Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1993 Revision) International Chamber of Commerce Document No. 500. Sincerely, Peter J. Davis Vice President PJD/11w ARCHITECTURE 077-777 m Z n z SCHWARZ m m ;U_ Z October 27, 2006 City Council - City of Kalispell P,O, Box 1997 Kalispell, MT 59901 Re: Subdivision Improvements Agreement Appleway Business Park Subdivision, Kalispell, Montana Dear Council Members: All required improvements listed in the Subdivision Improvement Agreement for Appleway Business Park Subdivision are now complete and in place. Based upon the inspection and testing we have performed, to the best of our knowledge and belief the improvements have been constructed in general conformance with the approved plans and specifications. Sincerely, Schwarz Architecture & Engineering, Inc. t'10. 410 PE << t. A Cc: Dawn Marquardt Frank Castles - City of Kalispell Project File # 3147.05 \\Skywalker\Project Files (Documents)\Marquardt\Appleway\City of Kalispell October 27, 2006, kc.doc SCHWARZARCH ITECTUREAND EN61NEERIN6, INC. 100 Financial Dr., Suite 120 Kalispell, MT 59901 Tel: 406.755.1333 Fax: 406.755.1310 - www.schwarzae.com City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 November 9, 2006 Glacier Bank Peter J. Davis PO Box 27 Kalispell, MT 59903 Re: Letter of Credit No. 1-06-276 $ 11,150.00 Appleway Business Park Dear Mr. Davis, The Public Works Department has instructed me to release Letter of Credit No.1-06-276. The work has been completed as required. I have enclosed the original Letter of Credit. If you have any questions, please call me at 758-7750. Sincerely, Deb Deist City Treasurer cc: Dawn Marquardt Appleway Business Park 285 1"Avenue EN Kalispell, MT 59901 £ City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-7831 _F November 9, 2006 To: Deb Deist From: Mark Crowley, Construction Manager Re: Appleway Business Park Subdivision Dear Deb: Please release the Letter of Credit for the above -mentioned project. The engineer has certified the construction and all other items have been addressed. If you have any questions, do no hesitate to call this office. Sincerely, Mark Crowley, CFM Construction Manager Cc: Kalispell Planning Department Schwarz Engineering; 100 Financial Drive; Kalispell, MT 59901 City of Kalispell Public Works Department Post ice Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 MEMORANDUM November 22, 2006 To: Deb Deist, City Treasurer From: Frank Castles, P.E., Deputy Public Works RE: Appleway Business Park Subdivision Director/Assistant City Engine0%--- Attached is certification from Schwarz Architecture and Engineering, Inc., that the referenced project was constructed in accordance with the approved plans and specifications. Public Works approves the release of the financial security held for the referenced project. Cc w/o attachments: Erik D. Garberg, P.E. Schwarz Architecture and Engineering 100 Financial Drive, Suite 120 Kalispell, Montana 59901 Sean Conrad, Kalispell Planning Office