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APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
Appendix - Page A-23
zo THIS AGREEMENT, made and entered into this day of
1-9- by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the
First Part and hereinafter referred to as the CITY, and
z
(Name of Developer)
a � q I IP 0 fa —
(Individual, Company or Corporation)
located at 15 C r(c,--CU,C 0 el Wff V14-L-Iact c-
(Street Address/P. O. Box) (tity, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER,
WITINESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision
known as 0— wkte--sTu`, :S; 03i> k q ts (C, o
(Name of Subdivision)
located
and,
at
(Location of Subdivision)
the City has conditioned it's approval of the final plat of
f, t t,-, � upon the conditions as set forth
(Name of Subdivision)
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
VkTHEREAS, 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 13";
and
2 931 �S, the estimated total cost of construction of said improvements is the sum of
RE
s
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision
by the City, the Developer hereby agrees as follows:
I. The Developer shall deposit as collateral with the City a Letter of Credit, or other
accept ble collateral as determined by the City Council, in the amount of
$5 E 6. 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:
Page A-24 - Appendix 200429S 1 � 2�-O
a. That the creditor guarantees funds in the sum of 0
the estimated cost of completing the required improvements in
b,a --5c)664
(Name of Subdivision)
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
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
ZD -
engineer responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
2004-29s 14 2 S-0
Appendix - Page A-25
C,
B -1'� �4' I ;
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 famish the Developer with a list of specific deficiencies and may
withhold collateral sufficient to insure such compliance. If the City detem-tines 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. The unused
portions of the collateral shall be returned to the Developer or the crediting institution, as is
appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and
year herein before written.
bE� ((. ( C& I �:-- � 0 j 'D (0 tc- (CZ
(Name of Subdivision/Developer/Firm)
by C� �� I
(Title)
STATE OF MONTANA
COUNTY OF
zn
On this day of C, before me, a Notary Public
for the State of Montana, personally appeared �o known to
me to be the of whose
name is subscribed to the foregoing *instrument and acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this
and year first above written.
Expires I - k 1- " �
cwy CLEF
C)
Page A-26 - Appendix 2004295
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
APPROPRIATE COMPLETION
CONSTRUCTION
IMPROVEMENTS BOX
Street Grading[Paving
Street Base
Sidewalks
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
Z�
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping
Other (
DATE
COSTS
2-137-0
1
SUBTOTAL 2
FEES
TOTALS COSTS
NA COUNTY OF FLATHEAD) ss