SIA (Recorded)Return to: v
Theresa White
Kalispell City Clerk 5 ri 1f1=Z
P.O. Box 1997
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Kalispell, MT 59903 : �....rTHE �_ c -?UNTV MONT NA
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
200 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party
of the First Part and hereinafter referred to as the CITY, and C.M. CLARK & JANET M.
CLARK, located at 508 Siblerud Lane, Kalispell, MT 59901,
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known
as AMENDED LOT 6, BLOCK 251, KALISPELL ADDITION NO. 7 located at 225 14" St.
E, Kalispell, Montana and,
WHEREAS, the City has conditioned it's approval of the final plat of AMENDED LOT 6,
BLOCK 251, KALISPELL ADDITION NO. 7, upon the conditions as set forth in the
Preliminary Plat of the Subdivision being completed and all improvements, as cited in
"Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
financial security of 125% of the estimated total cost of construction of said improvements as
evidenced by an estimate prepared by a licensed public engineer included herewith as
"Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$3,200.00.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision
by the City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other
acceptable collateral as determined by the City Council, in the amount of $4,000.00.
Said Letter of Credit or other collateral shall have an expiration date of at least sixty
(60) days following the date set for completion of the improvements, certifying the
following:
a. That the creditor guarantees funds in the sum of $4,000.00 the estimated cost
of completing the required improvements in AMENDED LOT 6, BLOCK 251,
KALISPELL ADDITION NO. 7.
b. That if the Developer fails to complete the specified improvements within the
required period, the creditor will pay to the City immediately, and without further
action, such funds as are necessary to finance the completion of those improvements
up to the limited of credit stated in the letter;
2. That said required improvements shall be fully completed by September 4, 2007.
3. That upon completion of the required improvements, the Developer shall cause to be filed
with the City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by
the City for their construction and that the Developer warrants said improvements
against any and all defects for a period of one (1) year from the date of acceptance of
the completion of those improvements by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f. All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles,
grades and specifications of said improvements, with the certification of the registered
professional engineer responsible for their preparation that all required improvements
have been installed in conformance with said specifications.
2007086 i
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS,
TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision
Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may
withhold collateral sufficient to insure such compliance. If the City determines that the
Developer will not construct any or all of the improvements in accordance with the
specifications, or within the required time limits, it may withdraw the collateral and employ
such funds as may be necessary to construct the improvement or improvements in accordance
with the specifications. Thew used portions of the collateral shall be returned to the
Developer or the eyed, ng iXsti tion, as is appropriate.
IN WITN SS HE , the Parties have hereunto set their hands and seals the day and
year her n be re ri
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s
C.M. CLARK JANET M.,etAkK
STATE OF MONTANA )
ss.
County of Flathead )
This instrument was acknowledged before me on .1 > �-- , 200
by C.M CLARK and JANET M. CLARK.
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<-d��, I
Printed Name
Notary Public for the State of Montana '.
Residing at i
My Commission Expirest
CITY OF KALISPELL
YOR
ATTEST:
CITY CLERK
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction
completion date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED
APPROPRIATE COMPLETION CONSTRUCTION
IMPROVEMENTS DATE COSTS
Street Grading/Paving
Street Base
Sidewalks x 9/04/07 $3,200.00
Curbs and Gutters
Sanitary Sewers
Mains
Other ( }
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping
Other ( )
SUBTOTAL $3,200.00
FEES
TOTALS COSTS $3,200.00
TOTAL COLLATERAL (TOTALS COSTS X 125%) $4,000.00