SIA/Phase 2 Block 1NORTHWEST HEALTHCARE CORPORATION/BUFFALO COMMONS PHASE 2, BLOCK 1
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of
ft7ZZZI z4 1998, by and between the City of Kalispell,
Mc ana, FfJathead 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 2,
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 2, 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 A"
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 Twenty Thousand Three Hundred and
Eighty -Three Dollars ($20,383.00).
NOW THEREFORE, in consideration of the approval of the final plat
of said Subdivision by the CITY, NORTHWEST hereby agrees as
follows:
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1. NORTHWEST shall deposit a Certificate of Deposit, issued
by First Interstate Bank, Kalispell, in the amount of
Twenty Five -Thousand Four Hundred and Seventy -Nine
Dollars ($25,479.00) 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 Twenty Five -Thousand Four Hundred and Seventy -
Nine Dollars ($25,479.00), said sum being 125$ of the
estimated cost of completing the required improvements in
Buffalo Commons Phase 2, 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\phase2 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 be 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
Its: tL �2
Attest:
Its:
CITY OF KALISPELL
By: p ->
Its (F
Attest:
Debbie Gif o CMC/AAE
Clerk of Council
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: ss
County of Flathead )
On this d' day of / / , 1998, before me, a
Notary Public in and for th State 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 first above written.
ary Public, State of Montana
iding at Kalispell, Montana
Commission expires `� f9 i
STATE OF MONTANA )
ss
County of Flathead )
On this day of ri eAe 4 1998, before me, a
Notary Public in and for the S to of Montana, 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.
Notary Public, State of Montana
Residing at Kalispell, Montana
My Commission expires : E G
is\wp\pnase2 Page 5 of 5
"EXHIBIT A"
ESTIMATEKAuspELL. M014TANA -.
752-0732
FAX: 752-0735
JOB DESCRlpnoN
NORTHWEST HEALTHCARE
3 10 SUNNYVIEW LANE
LISPELL, MONTANA 59901
•
ITEMIZED ESTIMATE
HUNTER PGP ROTORS WITH SWING PIPE
1 .5 INCH WEATHERMATIV VALVES
200 PSI PVC PIPE
2.5 INCH MAINLINE
14 DIRECT BURIAL WIRE
10 INCH ROUND VALVE BOXES
BACKFLOW AND METER PIT INSTALLED BY OTHERS
IRRIGATION SYSTEM TOTAL
5100.00
TREES 19 DECIDIOUS TREES INSTALLED AND STAKED 2H CALIPER
6460.00
NORTHWOOD MAPLE , RED MAPLE, MOUNTAIN ASH, FLOWERING CRAB,
CANADA RED , GREEN ASH,
TREES 13 EVERGREEN TREES SPRUCE INSTALLED AND STAKED 6-8 FOOT
2925.00
SPRAYING OF PARK AREA BEFORE SEEDING AND 3 APPLICATION OF FERTIZER
458.00
AND WEED CONTROL
1900.00
ROCK RAKING LEVELING, PREPARING AREA FOR SEEDING
1125.00
DRILL SEEDING WITH PARK GRASS
TOTAL
$17968
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. Amy CHANGES TO THE DESIGN OR WORK PROPOSED MUST BE APPROVED BY
BOTH PARTIES AND SIGNED VW A CHANGE ORDER BEFORE ANY WORK WILL PROCEED.
"Exhibit A"-Paae Ore
THIS IS AN AGREED UPON CONTRACT FOR THE WORK AND PRICE STATED ABOVE:
SIGNATURE: OF CUSTOMER DATE SIGNATURE OF ALP-IWENURSERY,
INC. DATE
"Exhibit All - Page Two
ALPINE NuRsERY, INC.
1 095 TRuweLg CREEK Roar
ESTIMATE KAusPELL, MONTANA 59901
752- 0732
FAx: 752-0736
JOB DESCRIPTION
BUFFALO COMMONS PHASE TWO BLOCK ONE
ITEMIZED ESTIMATE
7 BOULEVARD TREES PLANTED 2 n CALIPER AND STAKED , NORTHWOOD
MAPLE
2415.00
SCHEDULE PAYMENT : UPON COMPLETION
TOTAL
.$24 i 5.
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 STA BOVE:
SIGNATURE OF CUSTOMER DATE SIGNATURE OF ALPINE NURSERY,
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