SIA (Recorded)Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
111111111 IN 111111111111111111111111111111111111111111111111111111111111111111111
200700031777 Fees: $28.00 by: DD
SUBDIVISION IMPROVEMENT AGREEMENT by KALISPE
Date 10/17/2007 Time 2:31 PM Page: 1 of 4
Paula Robinson, Flathead County Montana
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
AD
THIS AGREEMENT, made and entered into this day of • -;% 420Z) � , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and FESN, LLC, (Name of Developer)
a Limited Liabilitorporation
(Individual, Company or Corporation)
located at 690 N Meridian, Suite 103, Kalispell, MT 59901,
(Street Address/P. O. Box) (City, County, State, Zip)
Partv 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
Fox Trotter Meadows Phase 1 (Name of Subdivision)
located at 250 Stillwater Road, Kalispell, Montana (Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of Fox Trotter Meadows, 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 $2581.20.
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 $ 7749.70. 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 $7749.70 the estimated cost of completing
the required improvements in Fox Trotter Meadows.
(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 November 8, 20
8.
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.
Document Number: 200700031777
Page: 2
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. 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.
Fox Trotter eadows
(Name of Su divisio e e per/Firm)
by C', P(4��
Itie)
STATE OF MO TANA
COUNTY OF
On this day of , 20�, before me, a Notary Public for the State
of Montana, personally appe ed M tC14A&-L 1,�-� , known to me to be the
PA)of z-=�-��, L_e-C- , 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 day and year
first above written.
Notary Public for the State of Montana
Printed Name IL4 (Ct.4 C : .- ILt
Residing at f SP
My Commission Expires lo- --o'7
ATTEST -
CITY CLERK
Document Number: 200700031777 II'�IIIII�'I
Page; 3
3
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
Street Base
.p
Sidewalks November 20* $2581.20 0%
(I Oft x 64.53 x $4.00)
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/Boulevard trees
Other ( x ) Parkland (not subject to 125%) $4523.20
SUBTOTAL
FEES
TOTALS COSTS $7104.40
TOTAL COLLATERAL (TOTALS COSTS X 125%) $7749.70
I I��I�II� I�I� II��I III II I III II�II �IIII ��III I�III ��III �IIII ��II� III�I II�II II�II I�III III II I III �I�I III
� geu 4ent Number: 200700031777