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Crowley to Deist/Letter of Credit ReleaseE. r AA City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 MEMORANDUM January 18, 2008 To: Deb Deist, City Treasurer From: Mark Crowley, Construction Manag Re: Hutton Ranch subdivision The developer for the referenced project has requested a release of the SIA (attached). Since that request, an examination of the project was performed, and all items have been addressed including the recent receipt by this office of the record drawings. The Public Works Department concurs that the items have been constructed in accordance with the approved plans and specifications and the expired letter of credit should be released. Cc: Morrison-Maierle 1228 Whitefish Stage Road Kalispell, Montana 59901 Hutton Ranch Plaza Associates, LLC Attn: Chris Bezat 135 Hutton Ranch Plaza, Suite #103 Kalispell, Montana 59901 Planning Department U g k City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831 Phil Harris Hutton Ranch Plaza Associates 4 Sunset Plaza, Suite 201 Kalispell, MT 59901 November 7, 2007 Re: Hutton Ranch SIA reduction request Dear Phil, Your letter of October 26, 2007 requesting the release of the letter of credit indicates that the City is holding a letter of credit in the amount of $3,303,875.00. Be advised that on May 22, 2007 you submitted a request to reduce the original letter of credit from $2,303,875.00to $212,812.50. This was accepted by our office on May 29, 2007. Thank you for recently submitting the requested Stormwater Pollution Prevention Plan information that was requested from the development team on August 3, 2007. I have provided the information your office submitted to Susie Turner to review. She has been in contact with you to address the stormwater issues and she informed me that there are significant items to be resolved. The off -site swale is still not established with vegetation and must be addressed prior to snow fall in order to be resistant to erosive forces of spring run-off. Frank Castles notified your contractor on September 26, 2007 that a light pole base has been damaged and is apparently not able to support a street light. This has yet to be repaired. At this point, this department is not able to accept the certification from your engineer that all work is complete. When the restoration and street light base have been repaired, feel free to resubmit a request to address the bond. Should you have any questions, do not hesitate to contact this office. Professionally, Mark Crowley Construction Manager CC: Morrison-Maierle, 1228 Whitefish Stage Road, Kalispell, Montana 55901 Steve Larson, FVCC, 777 Grandview Drive, Kalispell, Montana 59901 Jim Patrrck HUTTON RANCH PLAZA AssoCIATEs, LLC 4 SUNSET PLAZA, SUITE 201 KALISPELL, MT 59901 October 26, 2007 Mr. James Patrick, City Manager, City of Kalispell City Hall PO Box 1997 Kalispell, MT 59903 Re: Hutton Ranch Plaza, Bond Release Bear Mr. Patrick: Hutton Ranch Plaza Associates, LLC has completed the public improvements required to be constructed pursuant to the Conditions for Final Plat for Phase I. Attached to this letter is a revised Exhibit "A", certified by Terry Richmond of Morrison Maierle Inc. to the effect that the improvements are 100% complete. 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 release the Bond and return the Letter of Credit posted with the City. Thanks you for your time and consideration. Sincerely, is & Associates, Inc., Manager Crowley 406.756.2771 (phone) 406 7562777 (fax) EXHIBIT A (October 25, 2007) 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' X Street Base' X 20-Oct-2007 $0 100% Sidewalks' X Curbs and Gutters' X Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Sytems 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 1-Nov-2006 $0 100% X 1-Dec-2006 $0 100% X X 15-Jun-2007 $0 100% X 1-Oct-2007 $0 100% X 1-Aug-2007 $0 100% X 20-Oct-2007 $0 100% SUBTOTAL $0.00 FEES $0.00 TOTAL COSTS $0.00 TOTAL COLLATERAL (TOTALS COSTS X 125%) $0.00 T ' Includes Hutton Ranch Road and Highway 93 Access Imporvements g ! EPt= ` 3965 E