Various CorrespondenceFrank Castles
From: Dona Gomez [dona_gomez@villageprop.com]
Sent: Tuesday, October 06, 2009 4:46 PM
To: fcastles@kalispell. com-, djwalker@buyinmontana.com
Cc: Mark Sanchez; Debbie Pierce
Subject: FW: Aspen Creek Holdback
Attachments: 4062001.pdf
Attached is a copy of the letter we sent out in August. Please execute and return via mail or email to:
Debbie Pierce
Alliance Title & Escrow Corp.
501 South Main
Kalispell, MT 59901
Thank you,
Dona Gomez
KALISPELL BOWSER CREEK ASSOCIATES, LLC
121 Spear Street, Suite 250
San Francisco, CA 94100'
415-227-2228 fax
<<4062_001.pdf>>
I
A
KALisPELL i#' R a
August 24, 2009
Touchstone, LLC
1289 Meridian Road
Kalispell, MT 59901
Attn: Mr. David J. Walker
Northstar Associates, LLC
2239 Lower Valley Road
Kalispell, MT 59901
Attn: Mr. Tim Birk
City of Kalispell (City Manager)
P.O. Box 1997
Kalispell, MT 59901
520 Three Mile Drive Associates, LLC
121 Spear Street, Suite 250
San Francisco, CA 94105
Attn: Debbie Perry
RE: Escrow Agreement dated March 20, 2006 (the "Agreement") by and
between KALISPELL BOWSER CREEK ASSOCIATES, LLC
("Developer') and Touchstone, LLC, Northstar Associates, LLC, 520
Three Mile Drive Associates, LLC and City of Kalispell (collectively, the
"Participants")
Dear Participant:
Pursuant to Paragraph 5 of the referenced Agreement, Developer hereby requests the escrowed funds
in the amount of $277,758.06 be released to Developer as reimbursement for the Work performed by
Developer. Copies of the invoices and cancelled checks for the Work along with the acceptance letter
from the City of Kalispell are attached for your reference. The final costs paid by Developer are as
follows:
CMG Soils engineering $ 5,850
TD&H Design Architecture $ 20,075
LHC $303,094
Total $329,019.80
Please authorize your approval of the release to funds by signing on the attached Disbursement
Instructions and returning a copy of same to Debbie Pierce at Alliance Title. If you have any questions
or concerns please contact me at 415-227-2208.
Sincerely,
KALISPELL BOWSER CREEK ASSOCIATES, LLC,
a California limited liability company
By: VPI, Inc., a California
its manamg -, ,o
By:
Mark SanclicZ/
Authorized R gyres tative
cc: Debbie Pierce, Alliance Title and Escrow, (via email deborah__pierce@alliancetitle.com)
121 Spear Street, Suite 250 San Francisco, CA 94105
415-546-9373 415-546-0569 fax
DISBURSEMENT INSTRUCTIONS
August 24, 2009
Debbie Pierce
Alliance Title & Escrow Corp.
501 South Main
Kalispell, MT 59901
RE: Escrow Agreement dated March 20, 2006 (the "Agreement") by and between
KALISPELL BOWSER CREEK ASSOCIATES, LLC ("Developer") and
Touchstone, LLC, Northstar Associates, LLC, 520 Three Mile Drive Associates,
LLC and City of Kalispell (collectively, the "Participants")
You are hereby authorized to release to Developer the balance of the funds in the amount of $277,758.06 held in
Escrow per the Agreement referenced above.
ACKNOWLEDGED & AGREED:
PARTICIPANTS:
TOUCHSTONE, LLC,
a Montana limited liability company
By:
David J. Walker
Its: Member
NORTHSTAR ASSOCIATES, LLC,
a Montana limited Iiability company
By:
Timothy Birk
Managing Member
By:
Justin Dean
Managing Member
DEVELOPER:
KALISPELL BOWSER CREEK ASSOCIATES, LLC,
a California limited liability company
By: VPI, Inc., a California corpora
Its E11alla 1
By.
Mark Sancl z
Authorized Rent >setl ive
CITY OF KALISPELL
By:G r
Name. �J
Its: City Manager
520 THREE MILE DRIVE ASSOCIATES, LLC,
a Delaware limited liability company
By: Farmers Branch/Midway Partners, L.P.,
a Texas limited partnership,
its sole member
By: VPI, Inc., a California Corp.
its General Partner
Debra L. Perry,
Vice President
sj
Amanda Lindgren
Concerned Citizen
lol Perry Pl.
Kalispell MT 59901
406-871-5139
City of Kalispell
6/4/2009
Greetings
My name is Amanda Lindgren. My family including two small children has recently moved into the Aspen Creek
development off of Three Mile drive. It is still sparsely populated and this may be a contributing factor to our
problem. This letter will reference the intersection of Shellan rd. and Kara rd.. During development the Stop
signs were placed facing West and North. As you can see when visited the majority of residents are in the West
half of the development. When you enter the primary entrance to the development on Shellan driving south, you
are given a free right turn, this is where most people will have reached almost 35-4omph. My home and yard sit
on this deadly corner. There has recently been a number of close calls and in time there will be casualties. I have
two small children, my direct neighbor has 3 young children, and there is a small child across the street. I know
that this can be remedied with a four way stop (a two way exists). And if this may take some time, can there be an
interim solution. I will soon be purchasing my own stop sign if there is not a. timely solution.
Y
your im
gren
Concerned Citizen
Kalispell Bowser Creek Associates, LLC
121 Spear Street, Suite 250
San Francisco, CA 94105
January 31, 2008
RE: Aspen Creek Subdivision, Phase I
Dear Mr. Clark,
An examination by the Public Works Department of the referenced project revealed that
the work has been completed in accordance with the approved plans and specifications. I
have enclosed your Bond in the amount of $547,504.16 per Mark Crowley's instructions.
If you have questions, please contact me at 406-758-7750.
Sincerely,
Debra J. Deist
Treasurer
INTERNATIONAL FIDELITY INSURANCE COMPANY C-Opy
SUBDIVISION IMPROVEMENTS
PERFORMANCE BOND
Bond No. 0429006
Initial Premium $8,213.00
Subject to Renewal
KNOW ALL MEN BY THESE PRESENTS: That we,
Kalispell Bowser Creek Associates, LLC
as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation duly
authorized under the laws of the State of California to become surety on bonds and undertakings, as
Surety, are held and firmly bound unto City of Kalispell, Montana as Obligee in the full and just sum
of Five Hundred Forty Seven Thousand Five Hundred Four and 16/100 Dollars, ($ 547,504.16 ) lawful
money of the United States of America, to be paid to the said Obligee, successors or assigns; for which
payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators
and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of
(Tract/Parcel) Map No. Assessors Tract 2 located in Section 11, Township 28 North Range 22 West,
P.M.M., Flathead County, Montana (400 Three Mile Drive) entered into an agreement or
agreements with said Obligee to complete the improvements specified in said agreements.
NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall well and
truly perform said agreement or agreements during the original term thereof or of any extension of said
term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be
void, otherwise it shall remain in full force and effect.
IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate
seal and the name of the Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at
San Francisco, CA, this 5th day of May, 20 06.
Kalispell Bowser Creek Associates, LLC
a Montana limited liability company
By: VPI Inc. a CalifoTfiia corporation, its Manager
Robert Isackson, President / Principal
INTERNATIONAL FIDELITY INSURANCE COMPANY
By
/
k. A. 6 ass / Attorney -in -Fact
ACKNOWLEDGMENT
State of California
County of SAN FRANCISCO
On 05/05/06 before me, VENETIA G JOHNSON, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared R. A. BASS
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS
Signature
(Seal)
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On May 8, 2006, before me, Dona Gomez, a Notary Public in and for said County and State, personally appeared
Robert Isackson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
7)!�
of Notary (For notary seal or stamp)
Commission # 1488942
Q + z
Notary Public -California
..... My
Son Francisco County
Comm, Expires Feb 8 .t008
Tel (0"),§24-7200
1 I,
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
............................... ........... .......................... .................................... ......... ................................... .................. ....... ................................................................................... ........ ...............
VENETIA & JOHNSON, KATHERINE TIBERI, R.A. BASS, JAMES B. SHEA, THERESE A. MCNULTY
San Francisco, CA.
......................and ................................................................................................................................................................................................................................................................
its true lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writings obligatory in the nature thereof, which are or may be allowed, required or emuttea by law, stature, rule regguulation, contract or otherwise and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNe�TIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws adoppted by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attorney -in -fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of. attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
O �Ty C' IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003.
��� INTERNATIONAL FIDELITY INSURANCE CO
SEAL
y l 904 rr STATE OF NEW JERSEY
County of Essex
fIy/ Secreta
On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personallyknown and, being by me duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
OA R Q IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
(��• �� at the City of Newark, New Jersey the day and year first above written.
CO NCTARY t_ e
PUBLIC �►►
'+ ,IERS� A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attomey has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 5th
day of May, 2006
Assistant Secretary
SUBDIVISION IMPROVEMENTS
LABOR AND MATERIAL BOND
Bond No. 0429006
Premium included in Performance Bond
KNOW ALL MEN BY THESE PRESENTS: That we, Kalispell Bowser Creek Associates, LLC
as Principal, and INTERNATIONAL FIDELITY INSURANCE COMPANY, duly authorized under the
laws of the State of California to become surety on bonds and undertakings, as Surety, are held and firmly
bound unto City of Kalispell, Montana as Obligee in the full and just sum of
Five Hundred Forty Seven Thousand Five Hundred Four and 16/100**** Dollars, ($547,504.16) lawful
money of the United States of America, for the payment whereof, said Principal and Surety bind themselves,
their heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT; whereas the above named Principal has
entered into an agreement of agreements which are made a part of this bond, with the City of Kalispell,
Montana as Obligee for the improvements is the subdivision designated as (Tract/Parcel) Map No.
Assessors Tract 2 located in Section 11, Township 28 North Range 22 West P.M.M., Flathead County,
Montana (400 Three Mile Road) , as required by the Government Code of California.
NOW THEREFORE, condition of this obligation is such, that if the above Principal fails to make payment
to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to
them for the improvement required by said agreement or agreements, the Surety on this bond will pay the
same, in an amount not exceeding the sum specified in this bond.
This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the
Government Code of California as improvement security, and shall inure to the benefit of any and all
contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for
the improvement. Notice of extension of time for completion is waived by the Surety.
Sealed with our seals and dated this 5th day of May , 20 06
Kalispell Bowser Creek Associates, LLC
a Montana limited liability company
Bv: VPI. Inc., a California"66moration, its Manager
t Principal
By 4- tf
Robert Isackson, President
International Fidelity Insurance Company
-,
1
By -
f R.A. BASS Attorney -in-Fact
State of California
County of SAN FRANCISCO
On 05/05/06 before me, VENETIA G JOHNSON, NOTARY PUBLIC
(here insert name and title of the officer)
personally appeared R. A. BASS
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
Signature
(Seal)
STATE OF CALIFORNIA §
COUNTY OF SAN FRANCISCO §
On May 8, 2006, before me, Dona Gomez, a Notary Public in and for said County and State, personally appeared
Robert Isackson, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature Notary (For notary seal or stamp)
D 0 N A >< PAE
Commission, # ' 468942
Notary PublicCalifornia
San Francisco County
` „ My Comm. Expires Fein 8. 2008
,fiel (9 73) 624-7200
• r 1 . 1 • MA
HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR
NEWARK, NEW JERSEY 07102-5207
KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing
laws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint
....................................................................................................................................................................................................................................................................................
VENETIA G: JOHNSON, KATHERINE TIBERI, R.A. BASS, JAMES B. SHEA, THERESE A. MCNULTY
San Francisco, CA.
.......... ........................ ................. ...................... ........................................................................... ............ .............. ...................... ............................... ...............................................
... #
its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and
other writings obligatory, in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule regulation, contract or otherwise and
the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said TIONAL FIDELITY INSURANCE
COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its
principal office.
This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3-Section 3, of the By -Laws ado red by the Board of
Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974.
The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority
(1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and
undertakings, contracts of indemnity and other writings obligatory in the nature thereof and,
(2) To remove, at any time, any such attomey-in-fact and revoke the authority given.
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting
duly called and held on the 29th day of April, 1982 of which the following is a true excerpt:
Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by
facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any
such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any
bond or undertaking to which it is attached.
/EtiT Y /�ys. IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be
signed and its corporate seal to be affixed by its authorized officer, this 29th day of August, A.D. 2003.
/ V SEAL INTERNATIONAL FIDELITY INSURANCE COMMANY
j gp� h STATE OF NEW JERSEY
County of Essex
JIE y
Secmta
�Z
On this 29th day of August 2003, before me came the individual who executed the preceding instrument, to me personallyknown, and, being by me duly
sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to
said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of
said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal,
nBL
at the City of Newark, New Jersey the day and year first above written.
o �.
A NOTARY PUBLIC OF NEW JERSEY
CERTIFICATION My Commission Expires Nov. 21, 2010
I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the
Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON
IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power
of Attorney has not been revoked and is now in full force and effect
IN TESTIMONY WHEREOF, I have hereunto set my hand this 5th day of May: 2006
O
Assistant Secretary
44 =E City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
January 30, 2008
To: Deb Deist, City Treasurer
From: Mark Crowley, Construction Man
Re: Aspen Creek subdivision Phase 1
The engineer for the developer recently requested a release of the SIA for the referenced
project. An examination of the project was performed, and the Public Works Department
concurs that the items have been constructed.
Please return the financial security already to the developer, Kalispell Bowser Creek
Associates, at the address below.
Cc: TD&H Engineering
31 Three Mile Drive, Suite A
Kalispell, Montana 59901
Kalispell Bowser Creek Associates, LLC
121 Spear Street, Suite 250
San Francisco, CA 94105
International Fidelity Insurance Company (Bond #CAIFSU0429006 00)
Suite 208
1575 Treat Boulevard
Walnut Creek, CA 94598
Planning Department
F City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
I05'i0TtONIT-1 X"VA
June 15, 2007
To: Deb Deist, City Treasurer
From: Mark Crowley, Construction Manager ' �
G�
Re: Aspen Creek subdivision
The engineer for the developer has requested an extension of the completion date of the SIA
for the referenced project (attached). A recent examination of the project was performed,
and the Public Works Department concurs that the items listed need to be constructed and
the dates are reasonable.
Various completion dates are proposed for individual items, with all work being completed
by August 15, 2007). Any work not completed by the proposed dates may be cause for the
security to be seized.
The developer has provided financial security already in the file.
Cc: TD&H Engineering
31 Three Mile Drive, Suite A
Kalispell, Montana 59901
LHC, Inc
P. O. Box 7338
Kalispell, MT 59904-7338
Kalispell Bowser Creek Associates, LLC
121 Spear Street, Suite 250
San Francisco, CA 94105
International Fidelity Insurance Company
Suite 208
1575 Treat Boulevard
Walnut Creek, CA 94598
Planning Department
JUN-01-2007 FRI 10:07 AM P.001/001
W
lied Water CONSULTING LLC
P.O. Box 7667 • Kalispell, Montana 59904 • Tel: 406 756-2550
aapplied@centurytel.net - Fax: 406 756-0527
June 1, 2007
Mr. James Patrick
City Manager
City of Kalispell
PO Box 1997
Kalispell, MT 59901-1997
.Re. Aspen Creek Subdivision —A WC Project No.190-06
Dear Jim:
Per your recor=en,dation we are hereby requesting an extension of the expiration date of the
Subdivision Improvements Agreement (SIA) for Aspen, Creek Subdivision Phase .1 _
Our understanding of the outstanding items and anticipated completion dates are as follows:
Item:
Road Extension to Southeast
Bike Path
Park Area Improvements
Gutter Cleanup
Lift Station Cleanup
To be .Completed:
August 15, 2007
July 31, 2007
July 31, 2007
June 15, 2007
June 15, 2007
Please extend the SIA, expiration to August 15, 2007.
If you have any questions regarding this information or I can be of furthest assistance, please
do not hesitate to contact me at your convenience. Thank you for your consideration of this
submittal.
Sincerely,
Applied Water Consulting LLC
William Boger, P.E.
Cc: Mark Sanchez
D•11 on nl: A-- r—.L, n.,ma i M H— DnlrinL CIA io.+—i— H—
--City f Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
November 15, 2006
To: Deb Deist, Treasurer
From: Frank Castles, P.E., Deputy Public Works Director/Assistant City Engineer
RE: Aspen Creek Subdivision
Attached is a request on behalf of the developer to reduce the amount of the
subdivision improvement financial security to $44,180.23. An examination of the
referenced project was performed recently. We concur that the items remaining to be
constructed are as they appear in EXHIBIT B (dated 11/14/06).
In addition, the developer is requesting an extension of the Subdivsion Improvement
Agreement expiration date of June 1, 2007. We concur with his request for an
extension of the expiration date of the Subdivision Improvement Agreement.
The developer has existing financial security on file to cover the amount of the required
amount.
Cc w/o attachments:
�,,,t
Bill Boger, P.E.
Applied Water Consulting LLC
P.O. Box 7667 r
Kalispell, Montana 59904`
Mark Sanchez'
Kalispell Bowser Creek Associates, LLC -'
121 Spear Street, Suite 250
San Francisco, California 94105
I'
VkOpDipfied Water CONSULTING LLC
P.O. Box 7667 • Kalispell, Montana 59904 • Tel: 406 756-2550
aapplied@centurytel.net • Fax: 406 756-0527
November 14, 2006
Mr. Frank Castles
City of Kalispell Public Works Department
PO Box 1997
Kalispell, MT 59901-1997
Re: Aspen Creek Subdivision — A WC Project No. 190-06
Dear Frank:
Attached, per your request, is a revised Exhibit B of the SIA for Aspen Creek Phase 1. The
revised exhibit reflects the completion of all elements of construction except the
Bicycle/Pedestrian Path and work in the Recreation Area.
The work must be postponed on the asphalt path due to the weather. Please extend the SIA
expiration to June 1, 2007 to allow for the paving and subsequent cleanup to take place in the
Spring of 2007 after the ground has thawed.
Additionally, we are requesting acceptance by the City for the items completed.
If you have any questions regarding this information or I can be of further assistance, please
do not hesitate to contact me at your convenience. Thank you for your consideration of this
submittal.
Sincerely,
Applied Water Consulting LLC
William Boger, P. .
Attachment: Revised Exhibit B
Cc: Mark Sanchez
P:\190-06 Aspen Creek Subdivision\Word\Correspondence - Out\11.14.06 Castles SIA extension.doc
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
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
Complete
$166,775.97
100%
Street Base
X
Complete
$54,308.85
100%
Sidewalks
X
Complete
$75,887.50
100%
Curbs and Gutters
X
Complete
$80,730.00
100%
Sanitary Sewers
Mains
X
Complete
$268,850.00
100%
Other (Lift Station)
X
Complete
$243,235.00
100%
On -Site Sewage Facilities
N/A
Water Systems
Mains
X
Complete
$252,550.00
100%
Other O
N/A
On -Site Water Supply
N/A
Water Storage Tanks
N/A
Fire Hydrants
X
Complete
$26,369.00
100%
Storm Sewer or
Drainage Facilities
X
Complete
$86,550.00
100%
Street Signs
X
May-07
$4,310.00
0%
CONTRACT
Street Lighting
X
WITH FEC
PAID TO FEC
Street Monuments
N/A
Survey Monument Boxes
N/A
Landscaping/Boulevard trees
X
Complete
$54,410.00
100%
Other (Trails/Park)
X
May-07
$31,034.18
0%
SUBTOTAL
$35,344.18
0�''�N
FEES
$0.00
LIA
TOTALS COSTS
$35,344.18
TOTAL COLLATERAL (TOTALS
COSTS X 125%)
$44,180.23
Ni4 �Ssoo� %
P:\190-06 Aspen Creek Subdivision\Word\SIA\SUBDIVISION IMPROVEMENT AGREEMENT -revised 11-14-06.doc