SIA dated 06/06/05 (Recorded)a
X
Appendix - Page A-23
, M- "M
THIS AGREEMENT, made and entered into this day of
LJ , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA arty of the
First Part q and kereinafter ref ed to as the CITY, and
(Name of Developer)
a �„ /0/!T AW A ls�l�!
located at 4f 2 v
(Street Address/P. O. Box) (C , County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
known
located
and,
THAT, M AS,
as
(Name of Su i� oo
at
(Location of Subdivision)
is the o)&jef and developer of a new subdivision
Ali
AS he Ci has c itioned it's approval of the final plat of
upon the conditions as set forth
(Name of Subdivision)
in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in
�n "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
13 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�f�-' of the estimated total cost of construction of said improvements as
evidenced by an estfma� ed by a licensed public engineer included herewith "Exhibit B";
and puo
UREA e 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, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other
acce tab collateral as determined by the City Council, in the amount of c $ 0 o () d Said Letter of Credit or other collateral shall have an expiration
date of t least sixty (60) days following the date set for completion of the improvements, certifying
the following:
C
Page A-24 - Appendix 2005.165
a. That the creditor guarantees funds in the sum of $
the estinjatek cost dy completing the required improvements in
(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
:11140,
such funds as are necessary to finance the completion of those improvements up to the /
limited of credit stated in the letter;��„d�t
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;
C. 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.
1l r
• t •
Appendix - Page A-25
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.
J=..i��' . ice.. �✓' fir' � � � `
of Subdivi
by
STATE OF MONTANA
COUNTYOF
On this day of -� � e _ , before me, a Notary Public
for the State of Montana, personally appeared AM&A6 I-) , known to
me to be the t- C c.} of whose
name is subscribed to thefor4oing 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 first4abgyoutten.
Notary Pubic f6 t M=tana
Residing aEC a
" n
My Consira aE ..,
/14AY R, CITV'';Q a L LL
MAYOR
ATTEST: r
Page A-26 -Appendix
2005: 65 6 7
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
10,14 IIC C
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED
APPROPRIATE COMPLETION
CONSTRUCTION
IMPROVEMENTS BOX DATE COSTS
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
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping
Other ( )
SUBTOTAL
FEES
TOTALS COSTS
TOTAL COLLATERAL (TOTALS COSTS X 125%)
STATE OF MONTANA
County of Flathead
RECORDED AT THE REQUEST OF r
THIS P DAY OF 20 AT O'CLOCK AND
RECORDED IN THE RECORD F FLATHEAD COUNTY, S ATE OF MONTANA.
FEE $ PD. �--
% (Flathead County jClerk and Recorder)
RECEPTION NO. 20051�5 ( f k 7 C
RETURN TO _ (Deputy Clerk)