SIA (Recorded)age; 1 of P5
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Fees:$55.00
Paula Robinson, Flathead County MT by NC 10/2/2008 8:06 AM
Return to:
Theresa White
Kalispell City Clerk
201 1st Avenue East
Kalispell, MT 59901
APPENDIX
SUBDIVISION IMPROVEMENT 4-GREEUE,VT
THIS AGREEMENT, made and entered into this
between the CITY COUNCIL, CITY OF KALISPELL,
hereinar referred to as
' t
Developer)
a
—day of t0vsf , 20 0 , by and
MONTANA, Party of First Part and
the CITY, and
, (Name of
(Individual, Compa or Corporation)
located at Lid ' " a.1 e- c, t � e.! 1 % "� �t t
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
TNESSETH:
THAT WHEREAS,�he Developer is the owner and developer of a new subdivision known as
Eq5+Tier, j 'n��ies (Name of
Subdivision) f _
located at a� �es—
(Location of Subdivision)
and,
WH REAS, the Cit has conditioned it's approval of the final plat of
4 %+s i t C eta 5 e , 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
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
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
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Paula Robinson, Flathead County MT by NC 10/2/2008 8:06 AM
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 $ /(, 1o6' 'z . Said Letter of
Credit or other collateral shall have an expiration date o 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 $ %� , i G� �' the estimated cost of
completing the required improvements in s4 5 t d
(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 Ta'1 / 5�- , 20 0?
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 two (2) years 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.
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
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Paula Robinson, Flathead County MT by NC 10/2/2008 8:06 AM
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.
Liman San
(Name of Subdivision/Developer/Firm)
by a4l�L —`iP nL4A).�4r 0r
(Title)
• • mR Ir
On this day, of /%4 t I
of Montana, personally appeared
the foregoing instrument and acknowledged to me that
20 d , before me, a Notary Public for the State
known to me to be the
whose name is subscribed to
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
Notary Public forts e StMe of Montana
Printed Name rr 1 l
Residing at
My Commission Expires —12 -` CA
MAYOR, CITY OF KALISPELL
YOR
ATTEST:
CITY CLERK
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Paula Robinson, Flathead County MT by NC 10/2/2008 8:06 AM
J M MORGAN CONSTRUCTION
454 1st Avenue West North
Kalispell MT 59901
Phone: 249-6012
6/10/2008
Dan Sandler
326 13`b Street East
Kalispell, MT
Estimate #: s6102008ds-1
Order Date: June, 2008
Address of Property: 326 13'h Street East Kalispell, MT
Estimate as of 6/10/2008
260 z 5 ' of City Sidewalks as per plans dictate $ 3,200.00
160' of City Street Curbing $ 2,200.00
Storm drain Installation $ 2,200.00
Paving of 13 Street sewer and storm drain connection where paving removed $ 1,000.00
Paving of Alley way from 13 Street East to end of property (326 13 Street East) $ 3, 400.00
Total of Estimate: $12, 000. 00
Terms: Payable upon Receipt
Please Make Check Payable To:
Jason Morgan or J. M. Morgan Construction
454 1st Avenue West North
Kalispell, MT 59901
Thank You; We Appreciate Your Business...
Sincerely,
Jason Morgan
Owner
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Paula Robinson, Flathead County MT by NC 10/2/2008 8:06 AM
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
PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION
COMPLETE
IMPROVEMENTS
DATE
COSTS
Street Grading/Paving 1,,
l _ ( - Z v0?
I gvoo
6 (c
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
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
IV
z -z-
Landscaping/Boulevard trees &I - 3 0 ` Zvu � 9 6� S5_ 0 of 0
Other ( )
SUBTOTAL 1 'Z m UO
FEES
TOTALS COSTS J Z S= the
TOTAL COLLATERAL (TOTALS COSTS X 125%) 1 /Q�,, 1.