SIA/Phase 3 Block 1NORTHWEST HEALTHCARE CORPORATION/BUFFALO COMMONS PHASE 3, BLOCK 1
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
, 1998, by and between the City of Kalispell,
Montana, Flathead County, Montana, (hereinafter CITY) and Northwest
Healthcare Corporation, a Montana corporation (hereinafter
NORTHWEST):
W I T N E S S E T H:
WHEREAS, NORTHWEST is the owner of certain platted subdivision
land located within the CITY known as Buffalo Commons, Phase 3,
Block 1, in Government Lots 5 & 8, Section 6, T28N, R21W P.M.M.
and Southeast Quarter of the Northeast Quarter, Section 1, T28N,
R22W, P.M.M., Flathead County, Montana, and
WHEREAS, CITY has conditioned approval of a final plat application
for Buffalo Commons, Phase 3, Lot 1 upon the completion of certain
items as set forth in the Preliminary Plat approval of said
Subdivisions and certain improvements, as cited in "Exhibit All
having not been completed as of the date of this Agreement, and
WHEREAS, NORTHWEST desires to bond for the completion of said
improvements, and
WHEREAS, the CITY's Subdivision Regulations require that a
subdivider shall provide financial security in the amount of 125%
of the estimated total cost of construction of said improvements as
evidenced by an estimate prepared by Alpine Nursery as set forth in
"Exhibit A," and
WHEREAS, the estimated total cost of construction of said
improvements is the sum of Forty Five Thousand, Nine Hundred and
Eighty Seven Dollars ($45,987.00).
NOW THEREFORE, in consideration of the approval of the final plat
of said Subdivision by the CITY, NORTHWEST hereby agrees as
follows:
is\wp\subagree.wpd Page 1 of 5
1. NORTHWEST shall deposit a Certificate of Deposit, issued
by First Interstate Bank, Kalispell, in the amount of
Fifty Seven Thousand, Four Hundred and Eight Four Dollars
($57,484.00) in the name of Northwest Healthcare and the
City of Kalispell. Said Certificate of Deposit shall be
held by First Interstate Bank, subject to the provisions
of this Agreement.
2. Said Certificate of Deposit shall guarantee funds in the
sum of, Fifty Seven Thousand, Four Hundred and Eight Four
Dollars ($57,484.00) said sum being 125$ of the estimated
cost of completing the required improvements in Buffalo
Commons Phase 3, Block 1, as described in "Exhibit A."
3. The initial term of the Certificate of Deposit shall be
for a term of not less than six (6) months and said
Certificate shall be renewed periodically during the term
of this Agreement and shall not expire prior to sixty
(60) days following the date set for completion of the
improvements specified in "Exhibit A," unless terminated
sooner at the direction of the City.
4. The completion date for all improvements listed in
"Exhibit A" shall be August 31, 1998.
5. In the event NORTHWEST does not complete the improvements
listed in "Exhibit A" by the completion date, plus any
extension granted, in writing by the CITY, First
Interstate Bank, upon demand of the CITY, shall deliver
unto the CITY the proceeds of said Certificate of
Deposit, and the CITY shall utilize the proceeds of said
Certificate of Deposit to complete the work that remains
to be done and upon completion return any surplus funds
to NORTHWEST.
6. The City shall inspect and approve the installation of
all the improvements set forth in "Exhibit A," and shall
upon completion, release Certificate of Deposit to
NORTHWEST, and release NORTHWEST from this Subdivision
Improvement Agreement.
is\wp\subagree.wpd Page 2 of 5
7. The City will be afforded a reasonable opportunity to
inspect work before it is covered or concealed by other
work as to its agents and employees, request an
opportunity to inspect. In instances where the City
requests an opportunity to inspect particular items of
work, or testing procedures for any work, notice of the
time when said work will he available for inspection or
when such testing will occur will be given to the
requesting official by telephone at least twenty-four
(24) hours in advance of such time. It shall be the
responsibility of the representative of the CITY to be
present at the noticed time or to waive the right to
inspect the work.
8. NORTHWEST does warrant to the CITY the design,
construction materials, and workmanship of the
improvements against any failure or defect in design,
construction material or work shown on "Exhibit A,"
attached hereto and thereby made a part hereof, which is
discovered within one (1) year of date of the
notification to the CITY of the substantial completion of
such work or any portion thereon. The obligation of
NORTHWEST under this warranty shall be limited to the
repair or replacement of the defective work or material
plus the restoration of any area or improvement disturbed
during the course of repair or replacement of defective
work or material. The CITY shall have the right to
contract for such work to be performed at the expense of
NORTHWEST and NORTHWEST agrees to pay the cost thereof on
demand.
9. If the CITY determines that any improvements are not
constructed in compliance with the specifications, it
shall furnish NORTHWEST with a list of specific
deficiencies and may demand surrender of the
Certificate of Deposit to ensure proper completion. If
CITY determines that NORTHWEST will not construct any or
all improvements to required specifications, or within
the time limits, it may demand surrender of the
Certificate of Deposit and use the proceeds to construct
the improvements and correct the deficiencies to meet
specifications. Unused portions of the funds shall be
returned to NORTHWEST.
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10. All interest accruing on said Certificate of Deposit
during the term of this Subdivision Improvement Agreement
shall inure to the benefit of NORTHWEST.
Dated this day of January, 1998
Northwest Healthcare Corporation,
a Montana Corporation
By:
Its:
Attest:
Its:
CITY OF KALISPELL
By:
Attest:
Debbie GitAol CMC/AAE
Clerk of Council
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STATE OF MONTANA
ss
County of Flathead
On this day of 1998, before me, a
Notary Public in and for t�*State of Montana, personally appeared
Tom Laux known to me to be the CEO/President of Northwest
Healthcare Corporation, and acknowledged that said CEO/President
subscribed, sealed and delivered said instrument as the free and
voluntary act of said corporation, for the uses and purposes
therein set forth, and that he was duly authorized to execute the
same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal, the day and year 4,irst above written.
I I
Notary Public, State of Montana
Residing at Kalispell, Montana,
My Commission expires ----- q-
41�
STATE OF MONTANA
ss
County of Flathead
On this day of FebY'V-avt.,,,' 1 1998, before me, a
Notary Public in and for the State of Drontana, personally appeared
Clarence W. Krepps, known to me to be the City Manager of the City
of Kalispell, 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 affixed my
Notarial Seal, the day and year first above written.
C141 0--
Notary Publw(lihtate of Montana
Residing at Kalispell, Montana
My Commission expires
i:\wp\subagree.wpd Page 5 of 5
1PEXHIBIT A9P
top 'AiiL
JOB DESCRIPTION
NORTHWEST HEATH CARE
310 sUNNYVlEw UNE
KAIJSPELL, MONTANA 59901
ALPINE NURSERY, INC.
1 005 TRumsLa CREEK ROAD
KAusrEu„ MomTmA 59901
752- 0732
FAx: 75 2-0736
BUFFALO commoNs PHASE 3 SOUTH EAST PARKING LOT PER OUD APPLICATION DATED
2/6/195
ITEMIZED ESTIMATE
IRRIGATION SYSTEM
HUNTER PGM ROTORS WITH SWING PIPE
HUNTER 1 -20 ROTORS WITH SWING PIPE
1.5 INCH WEATHERMATIC VALVES
2.INCH MAINLINE
14 DIRECT BURAIL WIRE
10 ROUND VALVE BOXES
5800.00
{RRIGATION SYSTEM
4 DECIDIOUS TREES INSTALLED AND STAKED 2 INCH CALIPER
1360.00
NORTHOOD MAPLE, RED MAPLE, MOUNTAIN ASH, FLOWERING CRAB, CANADA
RED, GREEN ASH
1 EVERGREEN TREE INSTALLED AND STAKED 6-8 FOOT
225.00
1800.00
ROCK RAKING AND PREPARING FOR SEED
540.00
SPRAYING OF AREA BEFORE SEED AND 3 APPLICATIONS OF FERTIZLER AND
WEED CONTROL
DRILL SEED WITH PARK GRASS
980.00
10705.00
TOTAL
THis E:s-nMATE APPUES ONLY TO THE: JOB DESCRIBED ABOVE. THIS ESTIMATE DOES NOT
INCLUDE ADDITIONAL MATERIALS OR LABOR THAT 14AY BE REQUIRED DUE TO ANY UNFORES
PROBLEMS THAT ARISE ONCE THE JOB HAS BEGUN. THIS PROPOSAL COMES WITH A FULI
GUARANTEE PARTS AND LABOR FOR EVERYTHING UNLESS OTHERWISE EXCEEDED BY THE
MANUFACTURER. ANY CHANGES TO THE DESIGN OR WORK PROPOSED MUST BE APPROVED BY
BOTH PARTIES AND SIGNED VIA A CHANGE ORDER BEFORE ANY WORK WILL PROCEED.
THIS IS AN AGREED UPON CONTRACT FOR THE WORK AND PRICE STATED ABOVE:
I hw Li'�
SIGNATURE OF CUSTOMER DATE SIGNATURE OF ALPINE NURSERY,
INC. DATE
Joe DESCRIPTION
NORTHWEST HEALTH CARE
3 10 SUNNYVIEw LANE
KALISPELL, MONTANA 59901
ALpime Nun r, I.
i 095 TRumes— CRem RoAo
K.AuspeLL. MoKrANA 59901
752- 0732
Fnx: 752-0730
ITEMIZED ESTIMATE:
IRRIGATION SYSTEM
HUNTER PGM ROTORS WITH SWING PIPE
1.5 INCH WEATHERMATIC VALVES
200 PSI PVC PIPE
2.5 INCH MAINLINE
14 DIRECT BURIAL WIRE
10 INCH ROUND VALVE BOXES
IRRIGATION SYSTEM TOTAL
10,300.
TREES 19 DECIDIOUS TREES INSTALLED AND STAKED 2° CALIPER
NORTHWOOD MAPLE , RED MAPLE, MOUNTIAN ASH, FLOWERING CRAB,
CANADA RED, GREEN ASH
6460.00
TREES 9 EVERGREEN TREES INSTALLED AND STAKED 6-8 FOOT
2025.00
INSTALATION OF 10 LANDSCAPE AREAS WITH CONIFER AND DECIDIOUS
9500.00
SHRUBS, WEEDMAT, EDGING AND ROCK MULCH
2100.00
ROCK RAKING LEVELING PREPARING FOR SEED
SPRAYING OF AREA BEFORE SEED AND 3 APPLICATIONS OF FERTIZLER
654.00
1325.00
DRILL SEEDING WITH PARK GRASS
$32867 00
TOTAL
THIS ESTIMATE APPLIES ONLY TO THE JOB DESCRIBED ABOVE. THIS ES71MATE DOES NOT
INCLUDE ADDITIONAL MATERIALS OR LABOR THAT MAY BE REQUIRED DUE TO ANY UNFORESEEN
PROBLEMS THAT ARISE ONCE THE JOB HAS BEGUN. THIS PROPOSAL COMES WITH A FULL
GUARANTEE PARTS AND LABOR FOR EVERYTHING UNLESS OTHERWISE EXCEEDED BY THE
MANUFACTURER. ANY CHANGES TO THE DESIGN OR WORK PROPOSED MUST BE APPROVED BY
BOTH PARTIES AND SIGNED VIA A CHANGE ORDER BEFORE ANY WORK WILL PROCEED.
THIS IS AN AGREED UPON CONTRACT FOR THE WORK AND PRICE STATED ABOVE:
SIGNATURE OF CUSTOMER DATE
INC. DATE
a(,-�
SIGNATURE OF ALPINE NURSERY,
Aa.PINe NURSUM, INC.
ESTIMATE 1 O95 TRumaLE CREerc RoAo
KAusPelL, MoNTANA 59901
752- 0732
FAx: 752-07345
JOB DESCRIPTION
BUFFALO COMMONS PHASE 3 BLOCK ONE
ITEMIZED ESTIMATE
7 BOULEVARD TREES PLANTED 2 a CALIPER AND STAKED , NORTHWOOD
MAPLE
2415.00
SCHEDULE PAYMENT : UPON COMPLETION
TOTAL
$ 24 1 5.0
THIS ESTIMATE APPLIES ONLY TO THE JOB DESCRIBED ABOVE. THIS ESTIMATE DOES NOT
INCLUDE ADDITIONAL MATERIALS OR LABOR THAT MAY BE REQUIRED DUE TO ANY UNFORESEEN
PROBLEMS THAT ARISE ONCE THE JOB HAS BEGUN. THIS PROPOSAL COMES WITH A FULL
GUARANTEE PARTS AND LABOR FOR EVERYTHING UNLESS OTHERWISE EXCEEDED BY THE
MANUFACTURER. ANY CHANGES TO THE DESIGN OR WORK PROPOSED MUST BE.APPROVED BY
BOTH PARTIES AND SIGNED VIA A CHANGE ORDER BEFORE ANY WORK WILL PROCEED.
THIS IS AN AGREED UPON CONTRACT FOR THE WORK AND PRICE STATED ABOVE:
L�ixlll I wlwkvx�l
SIGNATURE OF CUSTOMER DATE