SIA/Phase 1NORTHWEST HEALTHCARE CORPORATION/BUFFALO COMMONS PHASE 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 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 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 AN 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 Seventy Two Thousand, Eighty Eight
Dollars ($72,088.00).
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
Ninety Thousand, One Hundred and Ten Dollars ($90,110.00)
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 Ninety Thousand, One Hundred and Ten Dollars
($90,110.00), said sum being 125% of the estimated cost
of completing the required improvements in Buffalo
Commons Phase 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.
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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 them -eon. 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 47�6 day of February, 1998
Northwest Healthcare Corporation,
a Montana Corporation
By:
Its:
Attest:
M "Z
CITY OF ISPELL
By
its:
Attest:
b-7
vcp(d
Debbie Git]'140, CMC/AAE
Clerk of 'Council
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STATE OF MONTAbg
County of Flathead
On this day
Notary Public in and foi
Tom Laux ,known to me
Healthcare Corporation,
subscribed, sealed and
voluntary act of said
therein set forth, and
same on behalf of said
ss
}
o� 1998 before me a
the State of ontana, personally appeared
to be the CEO/President of Northwest
and acknowledged that said CEO/President
delivered said instrument as the free and
corporation, for the uses and purposes
that he was duly authorized to execute the
corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal, the day and year Est above written.
ss
County of Flathead )
On this day of
Notary Public in and for the
Clarence W. Krepps, known to
of Kalispell, a municipality,
and acknowledged that such
delivered said instrument a;
municipality, for the uses as
he was duly authorized to
municipality.
Vtary Public, , State of Montana
esiding at Kalispell, Montana
My Commission expires i
Fe-bV6QL YL- 4 , 1998, before me, a
State of Montana, personally appeared
me to be the City Manager of the City
that executed the within instrument,
City Manager subscribed, sealed and
the free and voluntary act of said
d purposes therein set forth, and that
execute the same on behalf of said
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal, the day and year first above written.
L�JA�- ��Uo—j 4 (PW--
Notary Publ' tare of Montana
Residing at Kalispell, Montana
My Commission expires rl -f
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EXHIBIT 'aAff
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INCLUEM ADDMOKAL MATERIALS Oft LABOR THAT MAY IBE ]REQUIF&D 01.111 TO ANY UNFORIM"m
PROBLEMS T14Alr Amse oNce THE Joe HAS arcium. THIS PROPOSAL, COMIM WM4 A FULL
GUARANTM PARTS AND LABOR FOR EVERYTHING UNLESS OTHERWISE EXCEEDED. BY THE
mAmuorAcTuFtF-R. ANY cHAmcws To THE oesiow OR wonK PRoposeD musT sE APPRovm By
MOTH FMA"ES AND SIGNED VIA A C+t"OE OA:0ZR BEFORE MY WORK WILL p"=Fwn.
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Page 2
ESTIMATE
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INCLUDE ADOMONAL MAMRIALS Oft LABOR THAT MAY BE REQUIRED WE TO ANY UNFORESEEN
PROOLEMS THAT ARISFEONCE THE �015 BEGUN. ice'.PROPOSAL
,.....:• y COMES
MANUFACTURER. ANY CK^NGKS TO THE DESIGN Oft WORK PROPOSW MUST BE APPROV90 By
BOTH PAMIES AND SIGNED VIA A CIlAWW- ORDER SEFORE ANY WORK WILL PROCIr .
Page 3
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