SIA Phases 1 and 2 dated 03/13/97LONEPINE VIEW ESTATES AND LONEPINE VIEW ESTATES, PHASE 2
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this A?72: day of March,
1997, by and between the City of Kalispell, Montana, Flathead
County, Montana, (hereinafter CITY) and Vista Construction, Inc.,
a Washington corporation, (hereinafter VISTA) and Glenn R. Uskoski,
an individual (hereinafter USKOSKI):
WHEREAS, VISTA is the owner of certain tracts of land located
within the CITY known as LONEPINE VIEW ESTATES AND LONEPINE VIEW
ESTATES, PHASE 2, in Section 19, T28N, R21W P.M.M., Flathead
County, Montana, and
WHEREAS, CITY has conditioned approval of a final plat application
for LONEPINE VIEW ESTATES AND LONEPINE VIEW ESTATES, PHASE 2, upon
the completion of certain items as set forth in the Preliminary
Plat approval of said Subdivisions and certain improvements, as
cited in "Exhibit A" having not been completed as of the date of
this Agreement, and
WHEREAS, VISTA desires to bond for the completion of said
improvements, and
WHEREAS, the CITY°s Subdivision Regulations require that a
subdivider shall provide financial security in the amount of 125%-
of the estimated total cost of construction of said improvements as
evidenced by an estimate prepared by a licensed public engineer as
set forth in Exhibit A, and
WHEREAS, the estimated total cost of construction of said
improvements is the sum of $39,292.00.
NOW THEREFORE, in consideration of the approval of the final plat
of said Subdivision by the CITY, VISTA and USKOSKI hereby agree as
follows:
is\wp\1pview.wpd Page 1 of 6
1. USKOSKI shall, for the benefit of VISTA, deposit a
Certificate of Deposit, issued by First Interstate Bank,
N.A., in the amount of Forty Nine Thousand One Hundred
and Fifteen Dollars ($49,115.00) in the name of the City
of Kalispell with Escrow Services, P.O. Box 294,
Kalispell, Montana 59903-0294.
2. Said Certificate of Deposit shall guarantee funds in the
sum of Forty Nine Thousand One Hundred and Fifteen
Dollars ($49,115.00), said sum being 125%- of the
estimated cost of completing the required improvements in
LONEPINE VIEW ESTATES AND LONEPINE VIEW ESTATES, PHASE 2,
as described in Exhibit A.
I
3. The initial term of the Certificate of Deposit shall be
for a term of not less than six (6) months and said
Certificate shall be renewed periodically during the term
of this Agreement and shall not expire prior to sixty
(60) days following the date set for completion of the
improvements specified in Exhibit A, unless terminated
sooner at the direction of the City.
4. The completion date for all improvements listed in
Exhibit A shall be December 31, 1999.
5. In the event VISTA does not complete the improvements
listed in Exhibit A by the completion date, plus any
extension granted, in writing by the CITY, Escrow
Services shall, upon demand of the City, deliver unto the
City said Certificate of Deposit and the City shall
utilize the proceeds of said Certificate of Deposit to
complete the work that remains to be done and upon
completion return any surplus funds to USKOSKI.
6. The City shall inspect and approve the installation of
all the improvements set forth in Exhibit A, and shall
upon completion, release Certificate of Deposit to
USKOSKI, and release VISTA and USKOSKI from this
Subdivision Improvement Agreement.
7. The City will be afforded a reasonable opportunity to
inspect work before it is covered or concealed by other
i:\wp\1pview.wpd Page 2 of 6
work as to its agents and employees, request an
opportunity to inspect. In instances where the City
requests an opportunity to inspect particular items of
work, or testing procedures for any work, notice of the
time when said work will be available for inspection or
when such testing will occur will be given to the
requesting official by telephone at least 24 hours in
advance of such time. It shall be the responsibility of
the representative of the CITY to be present at the
noticed time or to waive the right to inspect the work.
8. VISTA does warrant to the CITY the design, construction
materials, and workmanship of the improvements against
any failure or defect in design, construction material or
work shown on Exhibit A, attached hereto and thereby made
a part hereof, which is discovered within one year of
date of the notification to the CITY of the substantial
completion of such work or any portion thereon. The
obligation of VISTA under this warranty shall be limited
to the repair or replacement of the defective work or
material plus the restoration of any area or improvement
disturbed during the course of repair or replacement of
defective work or material. The CITY shall have the right
to contract for such work to be performed at the expense
of VISTA and VISTA agrees to pay the cost thereof on
demand.
9. If the CITY determines that any improvements are not
constructed in compliance with the specifications, it
shall furnish VISTA with a list of specific deficiencies
and may demand surrender of the Certificate of Deposit
from Escrow Services to ensure proper completion. If
CITY determines that VISTA will not construct any or all
improvements to required specifications, or within the
time limits, it may demand surrender of the Certificate
of Deposit from Escrow Services and use the proceeds to
construct the improvements and correct the deficiencies
to meet specifications. Unused portions of the funds
shall be returned to USKOSKI.
is\wp\1pview.wpd Page 3 of 6
10. All interest accruing on said Certificate of Deposit
during the term of this Subdivision Improvement Agreement
shall inure to the benefit of USKOSKI.
Dated this .13 day of March, 1997.
VISTA CONSTRUCTION, INC.
By: P. a".
Its: ?AF=S1D&24r-
AtWt:5
STATE OF OREGON
: SS
County of Clackamas )
On this � day of March, 1997, before me appeared Glenn R.
Uskoski and Lr;u both to me personally known, who being
duly sworn, did say that he, the said Glenn R. Uskoski is the
President and (s) he, the said Lj),S a Us y�' is the Secretary of
VISTA CONSTRUCTION, INC. the within named Corporation, and that the
seal affixed to said instrument is the corporate seal of said
Corporation, and that the said instrument was signed and sealed in
behalf of said Corporation by authority of its board of Directors,
and Glenn R. Uskoski and L,0i<, f acknowledged said
instrument to be the free act and deed of said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year last above written.
QtL&'
OFFICIAL SEAL Not aALy Public, St of Oregon
JUDI MC KMEY
NOTARY PUBLIC-OREGON Residing at:
COMMISSION NO. 043934 My Commission Expi3!-Jes: 64*je?�
MY COMMISSION WIRES JUNE 26, 1999
i:\wp\1pview.wpd Page 4 of 6
GLENN R. USKOSKI
STATE OF OREGON
: SS
County of Clackamas )
On this J3 day of March, 1997, before me appeared Glenn R.
Uskoski, to me personally known, who being duly sworn, Acknowledged
to me that he executed the within instrument for the purposes
therein stated. -
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year last above written..
OFFICIAL SEAL dat-
JUDI MC KAMEY Nof/ary Public, Stqte of Oregon
NOTARY PUBLIC-OREGON
COMMISSION NO.043934 Residing at: &r--/
MY COMMISSION EXPIRES JUNE 26,1999 My Commission Expir'is: �aWf
CITY OF KALISPELL
By:
Attest:
-
Debbie Gio4w, CM�
Clerk of Council
i:\wp\1pview.wpd Page 5 of 6
STATE OF MONTANA
se
County of Flathead
7
On this 13'f- day of 41"44 1992, before me, a
Notary Public in and for the Ste of Montana, personally appeared
Clarence Krepps, known to me to be the City Manager of the City of
Kalispell, a municipality, that executed the within instrument, and
acknowledged that such City Manager subscribed, sealed and
delivered said instrument as the free and voluntary act of said
municipality, for the uses and purposes therein set forth, and that
he was duly authorized to execute the same on behalf of said
municipality.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
Notarial Seal, the day and year first above written.
NotaryXlic, State of Montana
Residing at Kalispell, Montana
My Commission expires V15,1�
i:\wp\1pview.wpd Page 6 of 6
EXHIBIT "A"
LONEPINE VIEW ESTATES AND
LONEPINE VIEW ESTATES, PHASE 11
SECTION 19, T28N, R21 W, P.M.M., FLATHEAD COUNTY, MT
ESTIMATE OF COSTS
FOR COMPLETION OF WORK YET TO COMPLETE
The developer requested and has received approval to provide an escrow #LL757-N with Continental Mortgage
Company and Vista Construction, Inc. for the purpose of guaranteeing the completion of the following:
Estimate
of Cos
a)
The developer has requested to install the sidewalks and handicap ramps
with the construction of (lie homes to minimize damage and locate driveways
where appropriate for each lot and as shown on the subdivision drawings.
$33,292.01
b)
The City of Kalispell is to install street signage in the subdivision.
1,500.00
c)
The drainage ditch awaits the Spring runoff season to ascertain whether
ditch rock installation needs rock removal and replacement or is acceptable to the City.
1,000.00
d)
The 50-foot approach section on Denver Avenue at Sunnyside Drive awaits
monitoring to ascertain as to whether reconstruction is necessary in the Spring
or is acceptable to the City.
1,000•00
e)
Replace damaged section of curb at station 1+30 on East side of Denver Avenue.
500.00
f)
Adjust valve boxes and service valve boxes to City of Kalispell requirements.
500.00
g)
A -I Paving will install box risers to required grade in paved areas to City of Kalispell
requirements as soon as weather permits.
500.00
h)
At such time when it becomes visible as to seed growth and grading of disturbed
areas, any non -growth and additional required grading areas, if any, shall be
re -graded and re -seeded to assure grass cover of disturbed areas.
1000.00
$39,292.01
39,292.01 x 1.25 = $49,115.01
The escrow amount required for guaranteeing the,completion of the above work by the developer is $49,115.01.
Estimate prepared by
JACKOLA ENGINEERING CO.
Kalispell, MT
Thor A Jackola, P.E.