CorrespondenceSeptember 21, 2005
TO: Carol Kostman
FROM: Mike Baker
Carol,
Regarding the Sub -division agreements -letters of credit the following projects for the
Parks and Recreation Department can be taken off.
1. Wind River Development, Leisure Heights phase I
c� Y �a^+Pr �Ti11e,�a�[`�r� HIDE - �? �. d�ce��`'jJ�`�'✓ �'`
The projects that can be taken off the Performance Bonds are:
l . Distillery Square Landscaping on 45 6h Ave W
2. Coldwell Banker of Wacholz and Company
Thank you and if you have any questions please call me, 758-7716.
Mike Baker
Th r e e Mission statemonl: 7
R1 V e r s Three Rivers Bank of Montana is a place where you can still know
your banker, pet personalized attention and quick answers because
Ba n k we're independently owned and locally operated.
of Montana
IRREVOCABLE LETTER OF CREDIT
City of Kalispell Irrevocable Letter of Credit 4102004A
PO Box 1997 Date: October 20, 2004
Kalispell, MT 59903 Expiration Date: July 15, 2005
Amount: $83,778.75 U.S. Dollars
We hereby establish in your favor an Irrevocable Letter of Credit up to the aggregate
amount of Eighty Three Thousand Seven Hundred and Seventy Eight Dollars and
Seventy -Five Cents (83,778.75) at the request of Wind River Development Corporation.
If Wind River Development Corporation fails to maintain the city infrastructure
improvements in the time period listed above, we will pay on demand your draft or drafts
for such funds, to the limit of credit set forth herein, as are required to complete said
improvements. All drafts must indicate the number and date of this letter of credit and be
accompanied by a signed statement of an authorized official that the amount is drawn to
repair improvements and specifying the default or defect in question.
All drafts must be present prior to the expiration date stated above, and this letter of
credit must accompany the final draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
Unless otherwise expressly stated, this Letter of Credit is 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.
S' cerely,
A.J. g
S�eml ice President
AJK/can
Idaho Banle: 233 E. Idaho • P. O. Box 7250 • Kalispell, MT 59904-0250 • 406-755-4271 • Fax 406-257-0219 • 1-800-772-7968
i'lleridian Bank: 552 N. Meridian Road • Kalispell, MT 59901 • 406-755-5432 • Fax 406-257-0212
MEMBER F.D.I.C. w,])h it,: www.threcrivershankmontana.com 121
Eaui xowwc
City of Kalispell Public Works Department
Post ice Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
October 2, 2006
Deb Deist, City Treasurer
RE: Leisure Heights, Phase II
Sidewalk Replacement Fee
Dear Deb:
Attached is a check in the amount of $16,897.08 which is the replacement fee for the
deficient sidewalks in the referenced project in accordance with Resolution 508513.
If you have any questions, please do not hesitate to contact this office.
Sincerely,
Frank Castles, P.E.
Deputy Public Works Director/Assistant City Engineer
Cc: Wind River Development Corporation
300 Leisure Drive
Kalispell, Montana 59901
sL) Rr P 000-P-3)11- 000
000 — Al a108 -000
CITY OF KALISPELL
10/03/06 4:39 PM CASH
LEISURE HEIGHTS PHII
RECEIPT NO:A150023 AMOUNT
FMSD LEISURE HEIGHTS PHII 16,897.08
SWREP
PAYMENT RECEIVED AMOUNT
CK 1194 16,897.08
TOTAL 16,897.08
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
September 11, 2006
To: Frank Castles
From: Mark Crowley'
Re: Sidewalk Replacement in Leisure Heights Phase 2
Over the past several weeks, I have met Bob Stauffer, of Schwarz Engineering, on -site to
determine the limits of the sidewalk removal and the thickness of the base and concrete that will
remain in place. The replacement concrete was poured recently.
Last fall the City conducted coring to identify sidewalks that will need to be replaced. Forty-five
cores were made in these phases. Cores , , and failed to meet the minimum requirements and
the developer has been directed to remove the sidewalk until the section meets the minimum
depth of 3.5 inches of concrete over 2 inches of 1/4 inch crushed aggregate base. Sidewalks
between these minimums and the standards are required to pay a replacement fee.
Following is the thickness of the layers as observed by Bob and myself. The affected length is
based on the assumption that the replaced sidewalk was centered on the core and that each core
represents 300 feet.
Core #
Base
Concrete
Score
Affected length
Fee
2
South End:
2.5"
6"
100%
116 feet
$0.00
North End:
3"
4.75"
94.04%
116
$207.41
4
East End:
2.5"
4.25"
82.77%
122.5 feet
$633.20
West End:
2.5"
4.25"
82.77%
122.5
$633.20
10
North End.
2.25"
4."
80.30%
109 feet
$644.19
South End:
2.5"
4.25"
82.77%
109
$563.21
11
East End:
3.75"
5"
100%
0 feet
$0.00
West End:
3"
5"
100%
0
$0.00
13
North End:
2"
3.75"
71.5%
127.5 feet
$1090.12
South End:
3"
3.5"
76.43%
127.5
$901.55
14
East End:
2"
3.75"
71.5%
140 feet
$1197.00
West End:
2"
3.75"
71.5%
140
$1197.00
15
East End:
3.25"
3.5"
76.43%
140.25 feet
$991.71
West End: 2" 4.75"
89.11%
140.25
$458.20
24 North End: 2.25" 4.25"
82.77%
125.5 feet
$648.71
South End: 3.5" 4.5"
96.51%
125.5
$131.40
26 East End: 2" 5"
97.91%
129.75 feet
$81.35
West End: 2.25" 4.75"
89.11%
129.75
$423.89
Sub Total:
$9802.23
There are also a number of cores which were
substandard
with respect to Resolution
508513, but
did not require removal and replacement.
The fee associated with these cores was calculated to
be $7,094.85. Therefore, the developer is required to
pE: $,-,,16-,897.08 in total.
f-,ITY OF KALI ISPE:11L
io/017/06 as P11
CASH
LEISURE HEIGHTS PHIA
RECETIPT NO-A500'
A MI 1i H T
FMSD LEISURE HEISHTS FIHT�
1&. 1,�j7. Ev;-
SUREP
PAYMENT RECEIVED
A IM CHUM T
CK 1194
TOTAL
1E.,897.08
,¢ City of Kalispell Public Works Department
Post Office Box 1997 Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
TRANSMITTAL LETTER
TO: Wind River bevelopment, LLC
300 Leisure brive
Kalispell, Montana 59901
RE: Leisure Heights, Phase 2
Sidewalk Issues
We are sending you:
DATE:
09/20/06
PROJECT NO.:
X
FOR YOUR USE
PLEASE COMMENT
FOR YOUR PEVIEW'
PLEASE SIGN & RETURN
FOR YOUR APPROVAL
PLEASE CORRECT & RETURN
PER YOUR REQUEST
X
PLEASE SEE COMMENTS
t
BLUEPRINTS
TECHNICAL SPECIFICATIONS
VELLUMS
COPY OF LETTER
SHOP DRAWINGS
X
OTHER
Attached is the sidewalk replacement fee calculation sheet prepared by Mark Crowley,
Construction Manager. If you have any questions, please do not hesitate to contact this
office.
Thanks,
.& 65+-c_i`
Frank Castles, P.E.
Deputy Public Works Director/Assistant City Engineer
Cc: Bob Stauffer, P.E.
Schwarz Engineering,
100' Financial Drive', Suite' 120
Kalispell, Montana
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
July 10, 2006
Deb Deist, City Treasurer
Re: Leisure Heights subdivision
Dear Deb;
Attached is an Irrevocable Letter of Credit drawn on Three Rivers Bank (#070805A;
$33,737.68; expiration date: October 8, 2006). This letter constitutes a de -facto request for
an extension of the Warranty and Maintenance period for the subject project. The Public
Works Department approves the modification of the letter of credit with the understanding
that all repairs are to be completed within 30 days. Our Construction Manager returned the
original letter of credit to the financial institution which issued the letter on Friday July 7,
2006.
If you have any questions, do not hesitate to contact this office.
Sincerel ,
Frank astles, P.
Assistant City Engineer
Cc: Windriver Development LLC
300 Leisure Drive
Kalispell, Montana 59901
Schwarz Architecture & Engineering
co of Kabso'.,
Parks and Recreation
September 12, 2006
Robert Stauffer
Schwartz Architecture and
35 As tA%,,,,e E — P.O. Box " 997 — Kalispell, MT 59903 —
PH 758-77,117 — Fax 758-7719 — E-Mail jyoung@ Kalispell,com
Engineering, Inc
100 Financial Dr. Suite 120
Kalispell, IVIT 59901
Re: Leisure Heights Subdivision Phase 11
This letter is to serve as approval on the landscaping plans submitted for Leisure
Heights Subdivision Phase II.
The developer has deposited a check in the amount of $9,990.00 with the City of
Kalispell to cover the cost of planting 27 boulevard trees in Phase 11 ($7,290.00)
and planting 10 trees ($2,700.00) for replacement of the trees in phase 1. The
total boulevard is 1060 to be prepped for boulevard trees, boulevard preparation,
boulevard seeding and topsoil within Leisure Heights Subdivision.
We will work with you at a later date (when the majority of home construction is
finished and people are living in the subdivision) in regards to specifics on
boulevard tree planting locations.
It has been enjoyable working with You, if you have any concerns or questions
please give me a call.
_V 16CTTY OF KALTSC� PEL' PRL
11' 1 1
Jennifer Young, , 09/44/06 3:28 cash
Kalispell Parks and Recreation LEISURE HEIGHTS PHII
RECEIPT NO3148650 ANGUNT
CC' Torn Jentz, Kalispell Planning EMS H LEISURE HEIGHTS PHII - 9,990-00
n°`LEISURE H TREES
na
Amy Robertson, Finance PAYMENT RECEIVED AMOUNT
CK 57884 g'?m'00
i €ark Cravvley, 'Construction ?V,ananer TOTAL 91930.00
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
July 7, 2006
Three Rivers Bank
P. O. Box 7250
Kalispell, Montana 59904-0250
Re: Three Rivers Bank Irrevocable Letter of Credit #070805A
Dated: July 8, 2005
Subject: Leisure Heights Phase 2
Attention: A.J. King
Executive Vice President
Dear Mr. King;
Attached are copies of the following:
Three Rivers Bank Irrevocable Letter of Credit #070805A
Expiration Date July 8, 2006
Wind River Development Corporation has failed to make the necessary repairs to the
roadway in accordance with the City Standards. The City hereby calls on the referenced
Letter of Credit. In accordance with the City's agreement with the developer, we require
that funds in the amount of $33,737.68 be deposited in the City bank account, to cover the
cost of pavement milling, compaction and repaving and other unspecified items.
Sincerely,
James H. Patrick, City Manager
City of Kalispell
Cc: Windriver Development Corp;
IWO
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
August 2, 2005
To: Carol Kostman, Treasurer
From: Frank Castles, P.E., Assistant City Engineer
RE: Leisure Heights, Phase II
Attached is an Irrevocable Letter of Credit in the amount of $33,737.68, for the
maintenance bond for the city owned infrastructure within the referenced subdivision.
Three
Rivers
Bank
of Montana
City of Kalispell
PO Box 1997
Kalispell, MT 59903
l�lissini� Cf��famcitt:
Three Rivers Bank of Montana is a place where you can still know
your hanker, get personalized attention and quick answers because
we're independently owned and locally operated.
IRREVOCABLE LETTER OF CREDIT
RE: One Year Warranty Bond
Irrevocable Letter of Credit #070805A
Date: July 8, 2005
Expiration Date: July 8, 2006
Amount: $33,737.68 U.S. Dollars
We hereby establish in your favor an Irrevocable Letter of Credit up to the aggregate
amount of Thirty Three Thousand Seven Hundred Thirty Seven Dollars and Sixty Eight
Cents ($33,737.68) at the request of Wind River Development Corporation.
If Wind River Development Corporation fails to maintain the city infrastructure
improvements in the time period listed above, we will pay on demand your draft or drafts
for such funds, to the limit of credit set forth herein, as are required to complete said
improvements. All drafts must indicate the number and date of this letter of credit and be
accompanied by a signed statement of an authorized official that the amount is drawn to
repair improvements and specifying the default or defect in question.
All drafts must be present prior to the expiration date stated above, and this letter of
credit must accompany the final draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
Unless otherwise expressly stated, this Letter of Credit is 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.
Sic rely,
i
AJ,11 g
ec ive ice President
AJK/can
233 E. Idaho • P. O. Box 7250 • Kalispell, MT 59904-0250 • 406-755-4271 • Fax 406-257-0219 • 1-800-772-7968
ticridian Rank: 552 N. Meridian Road • Kalispell, MT 59901 • 406-755-5432 • Fax 406-257-0212
MEMBER F.D.I.C. V ',h_ i I www•threerivershankmontana.com
December 8, 2006
Three Rivers Bank
AJ King, Keith Valentine
PO Box 7250
Kalispell, MT 59904-0250
Re: Letter of Credit No. 070805A $33,737.68
Letter of Credit No. 072605A $22,500.00
Leisure Heights, Phase I & II
Dear Mr. King and Mr. Valentine,
The Public Works Department has instructed me to release the above listed Letters of
Credit. The work has been completed as required. I have enclosed the original Letters of
Credit.
If you have any questions, please call me at 758-7750.
Sincerely,
Deb Deist
City Treasurer
cc: Windriver Development LLC
300 Leisure Drive
Kalispell, MT 59901
MEMBER F.D.I.C.
A
Thr e e I I S I "m Sia, 10m, III:
Three Rivers Bank of Montana is a place where you can still know
R your banker, get personalized attention and quick answers because
/// v . e r s n we're independently owned and locally operated.
B a k
of
Moo
ntana
IRRECVOCABLE LETTER OF CREDIT C
Li a
City of Kalispell Irrevocable letter of Credit #070805A
PO Box 1997 Date: July 7, 2006
Kalispell, MT 59903 Expiration Date: July 8, 2006 (Extended to
October 10, 2006)
Amount: $33,737.68 U.S. Dollars
#
If Wind River Development Corporation fails to maintain the city infrastructure
improvements in the time period listed above, we will pay on demand your drafts for
such funds, to the limit of credit set forth herein, as are required to complete said
improvements. All drafts must indicate the number and date of this letter of credit and be
accompanied by a signed statement of an authorized official that the amount is drawn to
repair improvements and specifying the default or defect in question.
All drafts must be present prior to the expiration date stated above, and this letter of
credit must accompany the final draft for payment.
--tNi-s-1—eNer may not be withdrawn or reduced in any amount prior to its expiration date
except by our draft or written release.
Unless otherwise expressly stated, this Letter of Credit is 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.
S ii jnc rely,
King
Executive Vice President
I'lallo Raniz: 233 E. Idaho - P. O. Box 7250 - Kalispell, I'VIT 59904-0250 - 406-755-4271 - Fax 406-257-0219 - 1-800-772-7968
Mt,,,idiaii llatd,: 552 N. Meridian Road- Kalispell, NIT 59901 - 406-755-5432 - Fax 406-257-0212
ets
arm p
L=
N .-
www.threeriversbankmontana.com —
Tree(issiort 1,7/,:ar7"I?t:
I V e r S Three Rivers Bank of Montana is a place where you can still know
your banker, get personalized attention and quick answers because
Ba n we're independently owned and locally operated.
of Montana
IRREVOCABLE LETTER OF CREDIT COPY
City of Kalispell Irrevocable Letter of Credit #072605A
PO Box 1997 Date: July 26, 2005
Kalispell, MT 59903 Expiration Date: September 30, 2006
Amount: $22,500.00 U.S. Dollars
We hereby establish in your favor an Irrevocable Letter of Credit up to the aggregate
amount of Twenty Two Thousand Five Hundred Dollars and No Cents (22,500.00) at the
request of Wind River Development Corporation.
If Wind River Development Corporation fails to maintain the city infrastructure
improvements in the time period listed above, we will pay on demand your draft or drafts
for such funds, to the limit of credit set forth herein, as are required to complete said
improvements. All drafts must indicate the number and date of this letter of credit and be
accompanied by a signed statement of an authorized official that the amount is drawn to
repair improvements and specifying the default or defect in question.
All drafts must be present prior to the expiration date stated above, and this letter of
credit must accompany the fmal draft for payment.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
Unless otherwise expressly stated, this Letter of Credit is 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,
Keith Valentine
Assistant Vice President
KVlcan
hiedio kanL 233 E. Idaho • P. O. Box 7250 • Kalispell, NIT 59904-0250 • 406-755, 4271 • Fax 406-257-0219 • 1-800-772-7968
Micriclian Rar:iz: 552 N. Meridian Road • Kalispell, MT 59901 • 406-755-5432 • Fax 406-257-0212
MEMBER F.D.I.C.
\\,.,,, arww.threerivershanhmontana.com
-£ s City of Kalispell Public Works Department
Post ice Box I997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
December 8, 2006
To: Deb Deist, City Treasurer
From: Frank Castles, P.E., Deputy Public Works Director/Assistant City Engineer
t7—
RE: Leisure Heights, Phase I & II
Three Rivers Bank is requesting return of Irrevocable Letters of Credit #070805
($33,737.68) and #072605 ($22,500.00) in accordance with the attached letter. Public
Works concurs that the Irrevocable Letters of Credit be returned.
Cc w/o attachments:
Wind River Development Corporation
435 Leisure Drive
Kalispell, Montana 59901
Sean Conrad, Kalispell Planning Office
Three
Rivers
Bank
of Montana
November 30, 2006
A'fission statement:
Three Rivers Bank of Montana is independently owned and
locally operated and is a vital contributor of time, talent, and
resources to the communities we serve. We are dedicated to
enhancing our shareholders value, and committed to making our
work environment enjoyable, educational, and fulfilling.
City of Kalispell
PO Box 1997
Kalispell, MT 59903
Attn: Mr. Frank Castles, P.E., Asst. City Engineer
RE: Irrevocable Letters of Credit #070805A & #072605A for Wind River
Development Corporation
Dear Mr. Castles,
I am writing to request that the original Irrevocable Letters of Credit in the name
of Wind River Development Corporation, #070805 in the amount of $33,737.68
and #072605A in the amount of $22,500.00 be returned to Three Rivers Bank of
Montana. These Letters have expired and are paid in full. For proper processing
we would like the originals returned in the enclosed self addressed envelope.
If you have any questions regarding these Letters of Credit please feel free to
call myself at 406-751-5235 or Mr. A.]. King, Executive Vice President, at 406-
751-5230.
Thank you for your assistance.
Sincerely,
Brenda Rogers
Administrative Assistant
406.751.5235/fax: 406.257.0212
Idaho Basle: 233 E. Idaho - P. O. Box 7250 - Kalispell, MT 59904-0250 - 406-755-4271 - Fax 406-257-0219 . 1-800-772-7968
Meridian Bank: 552 N. Meridian Road - Kalispell, MT 59901 - 406-755-5432 - Fax 406-257-0212
MEMBER F.D.I.C.
Website: www.threeriversbankmontana.com Q
ca�aus v