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Castles to Deist/Reduce Financial SecurityCity of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 MEMORANDUM August 16, 2006 To: Deb Deist, Treasurer From: Frank Castles, P.E., Deputy Public Works Director/Assistant City Engineer RE: Hutton Ranch Plaza, Phase I Attached is a request by the developer to reduce the amount of the subdivision improvement financial security to $614,482.50. A recent examination of the referenced project was performed recently. Public Works concurs that the items remaining to be constructed are as they appear in the attached EXHIBIT (dated 08/14/06). Cc: Sean Conrad, Senior Planner Kalispell Planning Office HUTTON RANCH PLAZA ASSOCIATES, LLC 4 SUNSET PLAZA, SUITE 201 KALISPELL, MT 59901 August 15, 2006 Mr. James Patrick, City Manager, City of Kalispell City Hall PO Box 1997 Kalispell, MT 59903 Re: Hutton Ranch Plaza, Bond Reduction Dear Mr. Patrick: As you may know, Hutton Ranch Plaza Associates, LLC has completed the vast majority of public improvements required to be constructed pursuant to the Conditions for Final Plat for Phase T. Of the original public improvement cost of $2,303,875, there remains to be constructed slightly less than $500,000 in additional improvements. Attached to this letter is a revised Exhibit "A", certified by Terry Richmond of Morrison Maierle Inc. to the effect that the remaining improvements, including associated fees, are $491,586. In accordance with City requirements, Hutton Ranch Plaza posted with the City a Letter of Credit Bond in the full amount of public improvements, to wit; $3,303,875. It is respectfully requested that the City allow Hutton Ranch Plaza to reduce its continuing Bond liability to $614,482.50, representing 125% of the remaining public improvements to be constructed. Thanks you for your time and consideration. Inc., Manager 406.756.2771 (phone) 406 7562777 (fax) EXHIBIT A (Revised August 14, 2006) This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPORVEMENTS DATE COSTS Street Grading/Paving' X Street Base' X 1-Oct-2006 $207,750.00 25°0 Sidewalks X Curbs and Gutters' X Sanitary Sewers Mains X I -Sep-2006 $9,280.00 97% Other( ) On -Site Sewage Facilities Water Systems Mains Fire hydrants On -Site Water Supply Water Storage Tanks Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/ Boulevard trees Other( ) X I-Sep-2006 $6,750.00 97% X X I-Sep-2006 $67,960.00 92% X I-Oct-2006 $10,000.00 0% X 15-Sep-2006 $48,500.00 50% X 30-Oct-2006 $71,200.00 20% SUBTOTAL $421,440.00 FEES $70,146.00 TOTAL COSTS $491,586.00 TOTAL COLLATERAL (TOTALS COSTS X 1 25%) $614,482.50 Includes Hutton Ranch Road and Highway 93 Access Improvements GwtiEe ABANK 202 Main Street PO Box 27, Kalispell, MT 59903 September 13, 2006 Kalispell City Council City of Kalispell PO Box 1997 Kalispell, MT 59903 RE: Hutton Ranch Plaza Associates, LLC Modification of Letter of Credit No. 1-06-284 Current Amount: $2,303,875.00 Current Expiration Date: July 31, 2007 Modified Amount: $614,482.50 (406) 756-4256 The above Letter of Credit was established in your favor for the account of Hutton Ranch Plaza Associates, LLC, 4 Sunset Plaza, Suite 201, Kalispell, MT 59901. Effective September 13, 2006, the amount of the Letter of Credit is reduced to $614,482.50. All other terms and conditions of the original Letter of Credit dated April 25, 2006 remain unchanged. Please attach this modification to the original Letter of Credit. To the extent applicable, the original Letter of Credit and this Modification are subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1993 Revision) International Chamber of Commerce Document No. 500. Sincerely, Dennis S. Beams Executive Vice President DSB/djb EQUALMEMBER FDIC AN OPPORTUNITY