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SIA (Recorded)N0 r 41 Return to: ' r Theresa White PEA"T_. LL ...,`.,m, . ... TIME 2 Kalispell City Clerk $ P FEPAUL. P.O. Box 1997 Kalispell, MT 59903 2ce : P s _ :t P x C Uhl b P10N NA O lt� O Q SUBDIVISION IMPROVEMENT AGREEMENT O THIS AGREEMENT, made and entered into this /0/ day of —C Cu4 ' 200 Gam, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and WENDY MACKER located at P.O. Box 10103 (29 Stratford Drive), Kalispell, MT 59904, 13,, Party of the Second Part and hereinafter referred to as DEVELOPER. M Q WITNESSETH: THAT WHEREAS, the Developer is the developer of a new subdivision known as LA MEW SUBDIVISION located at 427 E. Center Street, Kalispell, Montana and, WHEREAS, the City has conditioned it's approval of the final plat of LA MEW SUBDIVISION, upon the conditions as set forth 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 $1,730.00. 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 City Council, in the amount of $2,163.00. 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 $2,163.00 the estimated cost of completing the required improvements in LA MEW 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 September 30,2006. 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. 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. I� i Wendy Mac cer STATE OF MONTANA ) ss. County of Flathead This instrument was acknowledged before me on iV1 , l __� , 20q, by Wendy MackeV,,w,Ft,rr,,, tz ••'�1 Panted Name Notary Public for the State of Montana Residing atra My Commission Expires 6 -�)6 -c bc)g OR, CITY OF KALISPELL ATTEST: MAYOR1Frlt%C} �iREG•FCIR �t�/ f Gr/� K 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 APPROPRIATE COMPLETION CONSTRUCTION IMPROVEMENTS BOX DATE COSTS Street Grading/Paving cj E?.e.. Gam' �c! Street Base > .S4�A -So t I d 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$ � 1 -7 3 t7 . FEES J n TOTALS COSTS TOTAL COLLATERAL (TOTALS COSTS X 125%) �— Ex k 1, 61, -� "A " 200GO58 NO (PC) RESOLUTION WHEREAS, Wendy Macker, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of section 2.05 (Preliminary Plat Process -Minor Subdivision); Subdivision Regulations of the City of Kalispell, and WHEREAS, the Tri-City Planning Office has reviewed the proposed subdivision and made a report (#KSR-05-1) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of February 7, 2005, reviewed the Tri-City Planning Office Report #KSR-05-1, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION L That the Findings of Fact contained in Tri-City Planning Office Report #KSR-05-1 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Wendy Macker for approval of the Preliminary Plat of La Mew Subdivision, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the final plat for the subdivision shall be in substantial compliance with the approved preliminary plat. (Kalispell Subdivision Regulations, Appendix C — Final Plat) Minimum fire flows shall be in accordance with Uniform Fire Code (1997) Appendix III -A. Fire hydrants shall be provided per City specifications at locations approved by this department prior to combustible construction. (Kalispell Subdivision Regulations, Section 3.20). 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and shall be certified by an engineer licensed in the state of Montana. A letter from the Kalispell Public Works Department stating that the new infrastructure has been inspected and approved shall accompany the final plat application. 4. That the shared access for the lots be developed from the existing access on proposed Lot 2 or in accordance with a plan approved by the Kalispell Public Works Department. The shared access shall be paved. (Kalispell Subdivision Regulations, Section 3.09). The developer shall provide a letter from the U.S. Postal Service approving the plan for mail service. (Kalispell Subdivision Regulations, Section 3.22). 6. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17). 7. That a note shall be placed on the face of the final plat which waives protest to the creation of a special improvement district for the future upgrade of East Center Street to City standards. (Kalispell Subdivision Regulations Section 3.09, (J)) All areas disturbed during development of the subdivision shall be re -vegetated with a weed - free mix immediately after development. That preliminary plat approval shall be valid for a period of three years from the date of City Council approval. (Kalispell Subdivision Regulations, Section 2.04). SECTION III. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE lE CITY OF KALISPELL, THIS 7TH DAY OF ATTEST: Theresa White City Clerk JAN-09-2006 MON MOE PH COLDWEL L PANkEP KAL(SPEL FAX NO. 406 761 4301 P. 03/M ei/89/ �g6 i5;al 4a6-892-6686 T XND cONST INC PAGE ©? Lt Mua .1 r �Y i®SayPqp No, of Paw ICI w. - -N.. CONSTRUCTION NC. l p'O.Box1f16 ' WH"FISH, MOt TANA IN07 q#S*} M-' 84 I* • FAX,f400 89Z434M EXCAVATING r G ADD4 • IBiM &T PAVING lv ----o- of -ti11 a , g5 .�w C t _ rt�w�retrt tu�uR�+.�hli W '�'ax� MCM IMi 1MHR/ wMf �xMrM M� wi+Ws W: Provide Material, Trucking, Equipment and Labor to complete necessary properatLon, to include removipq neoeasary Trees and Vegeatati on, Grairat far Base and levelixig course and Paving with 3 in_hs of compacted Asphalt. Area Approximate, 680 sq.ft,. 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