SIATHIS AGREEMENT, made and enterecl into this I O'h day of November,
2003, by and between the CITY OF KALISPELL
of Flathead County, Montana, Party of the First Part and hereinafter refereed to as th*
CITY, and JERRY & LAVERNE SCOTT
(Name of Developer)
:l
(Individual, Company or Corporation)
located at 10 SOUTH MERIDIAN KALISPELL, MT 59901
(Street Address/P.O. Box) (City, County, State, Zip)
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 J & L SUBDIVISION
(Name of Subdivision)
located at 30 & 33 MERIDIAN
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
J & L SUBDIVISION, upon the conditions as set forth
(Name of Subdivision)
in the Resolution 468 11 'being completed and ail improvements, as cited in EXHIBI TI B
have not been completed at this time, and the Developer wishes to bond for the
completion of those improvements set forth in EXHIBIT B; 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
i.wi-crovements as evidenced bv an estimate DreDared bv a license Dub -tic engineer incjg�g�
herewith as "Exhibit B"; and
WHEREAS, the estimated totai cost of construct -ion ot said improvements is the
sum of $10,950.00.
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 Kalispell City Council, in
the amount ol'$13,687.50. Said Letter oft—redit or other collateral shall hav�
an expiration date of at least sixty (60) days following the date set for
completion of the improvements, certifying the following:
a. That the creditor guarantees funds in the sum of$* 13,687.50 the
estimated cost of completing the required improvements in
J & L SUBDIVISION
(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 for those improvements up to the limited of credit stated in
the letter;
2. That said required improvements shall be fully completed by AUGUST 1,
2004
3. That upon completion of the required improvements, the Developer shall
cause to be filed with the City a statement certifying that:
- Mm
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 the final plans,
profiles, grades and specifications of said improvements, with the
certification of the registered professional engineer responsible for !heir
preparation that all required improvements have been installed in
conformance with said specifications.
1TIS ALSO AGREED BY AND BETWEEN THE PARXIES 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.
2
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 sure
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 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 & L SUBDIVISION
(Name of Subdivision/Developer/Firm)
by
erry cott, Owner
r
by �1 —
Laverne Scott, Owner
STATE OF MONTANA
COUNTY OF t -� A e1q
On this -4LAt day of e before me, allotary
Public for the State of Montana, personally appeared Z:Tege,�,,L L 5,6 -�6
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.
INWITNESS W 9REOF, I have hereunto set my hand and affixed my
Notarial eal this day 'd year first above written.
Notary Publij for/ the State of Montana
Residing at
My Commission Expires
0
finis agreement speciitcaliy includes the following improvements, their
projected construction completion date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED
APPROPRIATE COMPLETION CONSTRUCTION
IMPROVEMENTS BOX DATE COSTS
Street GradingRavinR
X
COMPLETED
Street Base
X
COMPLETED
Sidewalks
X
08/01/04
$9,2.50,00
Curbs and Gutters
X
COMPLETED
Sanitary Sewers
Mains
X
COMPLETED
Other ( }
On -Site Sewage
Facilities
X
COMPLETED
Water Systems
Mains
X
COMPLETED
Other ( }
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
X
COMPLETED
Storm Sewer or
Drainage Facilities
X
COMPLETED
Street Signs
Street Liphtin¢
Street Monuments
Survey Monument Boxes
Landscaping
$1500.00
Other( X) maii boxes
$200.00
SUBTOTAL
$10,950.00
FEES
TOTAL COSTS
TOTAL COLLATERAL (TOTAL COSTS X 125%)
$13,687.50
F
THE CITY OF KALISPELL
m�.
ATTEST: _ s:
F-sy:
City Clerk
Conditions of approval as fixed to the preliminary plat by the City of Kalispell.
Preliminary Plat Conditions of Approval for Scott Addition 331
as Set Forth in Resolution 4811
That the development of the site will be in substantial conformance with the
approved preliminary plat which shall govern the general location of the lots and
accesses.
2. That all improvements for the subdivision shall be designed and constructed in
compliance with the City of Kalispell's Design and Construction Standards.
Certification from an engineer licensed in the state of Montana shall be submitted
with the final plat stating that all of the improvements have been constructed
accordingly.
3. That approval of the water and sewer facilities for the subdivision shall be
obtained from the Montana Department of Environmental Quality.
4. That a letter from the Kalispell Public Works Department shall be obtained which
states that the proposed plans and specifications of all improvements including
sewer facilities, road paving, curbs, gutters, sidewalks, landscaping and drainage
systems have been reviewed and approved in accordance with Kalispell's Design
and Construction Standards and have been constructed accordingly.
5. That a common mail facility be located for the subdivision and be approved by
the local postmaster.
6. That the fire access and suppression system including the number and location of
fire hydrants within the subdivision be reviewed and approved by the City of
Kalispell Fire Department for compliance with the Uniform Fire Code.
7. That any areas disturbed during construction be revegetated with a weed -free mix
in accordance with a plan approved by the Kalispell Parks and Recreations
Department.
8. That the preliminary plat shall be valid for a period of three years from the date of
its approval.