Letters of CreditCity p of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
July 21, 2009
Glacier Bank
Dennis Beams
PO Box 27
Kalispell, MT 59903
Re: Irrevocable Standby Letter of Credit No. 1-05-226 $ 86,622.50
Dear Mr. Beams,
I am returning the above mentioned letters of credit per Mark Crowley, Construction
Manager of the Public Works Department. While the Letter of Credit has expired, we
have now received the record drawings so we are closing the file.
If you have any questions, please call me at 758-7750.
Sincerely,
Deb Deist
City Treasurer
cc Northview Heights, LLC
690 N. Meridian, Suite 110
Kalispell, MT 59901
c j.:::,
h, BANK
/16
dt 4
IRREVOCABLE STANDBY LETTER OF CREDIT
City of Kalispell Letter of Credit No. 1-05-266
PO Box 1997 Date: October 14, 2005
Kalispell, MT 59901 Expiration Date: December 31, 2006
Amount: $82,622.50
We hereby establish in your favor an irrevocable letter of credit up to the
aggregate amount of Eighty Two Thousand Six Hundred Twenty Two Dollars and
50/100 U.S. Dollars ($82,622.50) at the request of Northview Heights, LLC.
If Northview Heights, LLC fails to complete the specified improvements in the
Northview Heights Subdivision within the time period set forth in the attached
Improvements Agreement, 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 install improvements not installed in conformance with the
Improvements Agreement and specifying the default or defect in question.
All drafts must be presented 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This letter may not be withdrawn or reduced in any amount prior to its expiration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 stated, this Letter of Credit is subject to the Uniform Customs
and Practices for Commercial Documentary Credit (1983 Revision) International
Chamber of Commerce.
GLACIER BANK
Dennis S. Beams
Executive Vice President
website: www.qlacierbank.comr glacier@glacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNIf�i LENDER
MEMORANDUM
July 20, 2009
To: Deb Deist, Treasurer
From: Mark Crowley, Construction Managerz- ' �
RE: Northview Heights, Phase 3
Our office received the record drawings recently from the above mentioned subdivision.
Please return the security (letter of credit #1-05-266) to the financial institution.
Thank you.
201 1' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758- 7720 — Fax (406) 758- 7831
www.kalispell.com
- City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
October 28, 2005
To: Carol Kostman, Treasurer
From: Frank Castles, P.E., Assistant City Engineer
RE: Northview Heights, Phase III
Attached is a request by the developer to extend the Subdivision Improvement
Agreement to a completion date of October 30, 2006. Attached is a Glacier Bank
Irrevocable Letter of Credit in the amount of $86,622.50 with an expiration date of
December 31, 2006. We concur that the items remaining to be constructed are as
they appear in EXHIBIT A & B (dated 10/24/05) and recommend that the request for an
extension be granted.
The current Letter of Credit should be returned to the developer.
Cc w/o attachments:
TD&H
Via fax: 752-5230
Narda Wilson — Kalispell Planning Office
Thomas, Dean & Hoskins, Inc.TD&
1-
Engineering Consultants
II
October 20, 2005
Frank Castles, Assistant City Engineer
City of Kalispell
P O Box 1997
Kalispell, MT 59903-1997
Re: Northview Heights Phase III
Dear Frank:
Improvements to North Riding Lane imposed by the council as a condition of approval of Phase
II of Northview Heights are not complete at this time.
The Subdivision Improvements Agreement (SIA) submitted by Northview Heights LLC and
approved by the council will expire on October 31, 2005.
We are requesting an extension to December 31, 2006. The enclosed SIA provides for a new
estimate of construction and is accompanied by a new Letter of Credit.
If you have any questions, please feel free to contact us.
Sincerely,
THOMAS, D & OS�S, INC.
MiNal W. Fraser, P.E.
MWF: cr
K02-010-009
Encl: Above Referenced
Cc: Narda Wilson w/enclosures
J A2002\K02-010\K02-010-009\Word\10.10.05. castles.ltr.doc
31 Three Mile Drive, Suite 101 a Kalispell, MT 59901 ® (406) 751-5246 ® FAX (406) 752-5230
Iz17111..
SUBDIVISION IMPROVEMENT AGREEMENT
North Riding Lane
THIS AGREEMENT, made and entered into this day of , 2005, by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter
referred to as the CITY, and
Northview Heights LLC
(Name of Developer)
a Limited Liability Corporation
(Individual, Company or Corporation)
located at _690 N. Meridian, Suite 110, Kalispell, MT 59901
(Street Address/P.O.Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Northview Heights Subdivision- Phase 3
(Name of Subdivision)
located at Northview Heights
(Location of Subdivision)
and
WHEREAS, the City has conditioned its approval of the final plat of
Northview Heights Subdivision- Phase 3 , upon the condition North Riding Lane
(Name of Subdivision)
be completed at this time, and the Developer feels required to bond for the completion of those
improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a Developer 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 $66,130.00.
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 $82,662.50. Said Letter of
Credit or other collateral shall have an expiration date of at least sixty (60) days following the dates set
for completion of the improvements, certifying the following:
J`Z002&02-010\k02-010-009Wordd0.10.05.APPENDIX E.sub.improvement.north-idin_lane.doe
a. That the creditor guarantees funds in the sum of $82,662.50, the estimated cost of
completing the required North Riding Lane improvements.
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 October 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 warrant 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;
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,
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.
5. Developer reserves the right to contest in court, the necessity of this Agreement and the
City's demand for the completion of the improvements covered hereby at this time.
J:A2002,KO2-010,1�,02-OIO-009yR'ord\IO.I0.05.f1Pl'L-NDIX 6.sLiu.improvement.northridin,,laue.doc
1: '• failanialm"13111111 111115 i 11 iWim
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.
_Northview Heights, LLC
(Name of Subdivision/Developer/Finn)
by
(General Partner)
COUNTY OF FLATHEAD
On this day of cm—--, 2005, before me, a Notary Public for the State of
Montana, personally appeared Frank R. Strickland known to me to be the General Partner of Northview
Heights, LLC, whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first
above written ® . _ l
Notary hitblic fot the Sta
Residing at -�
My Commission Expires
MAYOR, CITY OF KALISPELL
MAYOR
ATTEST:
FINANCE DIRECTOR
1:A2002\K02-010\K02-010-009\4vord\I0.10.05.APPENDiX L.sub.improvement.north-idi»llane.doc
EXHIBIT A
ESTIMATE - North Riding Lane Improvements
NORTHVIEW HEIGHTS SUBDIVISION
NORTHVIEW HEIGHTS, LLC
KALISPELL, MT - OCTOBER 2005
Engineer's Estimate
ITEM
Unit Price
Total Price
NO.
QUANTITN UNITS
DESCRIPTION
(Figures)
(Figures)
STREET, WATER, SEINER, STORM
DRAINAGE, LIGHTS
1
1 LS
Mobilization
$5,000.00
$5,000.00
WATER IMPROVEMENTS
2
400 LF
Water Main - 8" PVC C-900 Class 150
$25.00
$10,000.00
3
4 EA
Fittings
$350.00
$1,400.00
4
1 EA
8"x12" Tapping Sleeve and Valve
$2,800.00
$2,800.00
5
2 EA
New Fire Hydrant Assembly
$2,400.00
$4,800.00
8
133 SY
Asphalt Replacement
$10.00
$1,330.00
STREET
IMPROVEMENTS
9
1,400 SY
2" Asphalt Concrete
$9.00
$12,600.00
10
800 LF
Concrete Curb & Gutter
$10.00
$8,000.00
11
450 SY
4" Thick Sidewalk with base gravel
$36.00
$16,200.00
12
1 L.S.
Seeding & topsoil & trees
$4,000.00
$4,000.00
TOTAL ESTIMATE
$66,130.00
Total Financial
Security (125% of
Total Estimate)
$82,662.50
10.10.05.North. riding. lane. impr.est.xls Page 1
EXHIBIT B
CERTIFICATE OF ENGINEER
NORTHVIEW HEIGHTS SUBDIVISION PHASE- 2
I, Michael W. Fraser, a Licensed Professional Engineer in the State of Montana, acting on behalf of Thomas,
Dean & Hoskins, Inc., do hereby certify:
Estimated costs in Exhibit A attached hereto are true and accurate;
Done this day
Certificate of Notary
State of Montana
County of Flathead
of, 2005.
Michael V . r
'~.
On this ay of f , 2005, before me the undersigned, a Notary Public for the State of Montana,
personally appeared Michael W. Fraser, known to me to be the person whose name is subscribed to the
forgoing instrument and acknowledged to me that he executed the same.
Notary Public for the tate of
Residing at
My Commission Expires on _
J:\2002\K02-010\K02-010-009\Word\10.10.05.APPENDIX E.sub.improvement.northridinglane.doe 4
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
October 28, 2005
Glacier Bank
Attention: Mr. Dennis S. Beams
Executive Vice President
P.O. Box 27
Kalispell, MT 59903-0027
Re: Northview Heights Subdivision Phase III
Dear Mr. Beams,
The above referenced Agreement completion date has been extended by the City of Kalispell
to October 30, 2006. We have received a new Irrevocable Letter of Credit from you in the
amount of $86,622.50 expiring December 31, 2006.
We are releasing the original Irrevocable Letter of Credit in the amount of $54,047.50 which
expires January 6, 2006.
Sincerely,
(1"'Zaa vi-114�d�a-)It-
Carol L. Kostman
City Treasurer
Enclosures: 1
cc: Northview Heights, LLC
690 N. Meridian, Suite 110
Kalispell, MT 59901
cc: James H. Patrick, City Manager
Theresa White, City Clerk
Amy H. Robertson, Finance Director
Charlie Harball, City Attorney
James C. Hansz, Director of Public Works
Frank Castles, P.E., Assistant City Engineer
Tom Jentz, Director Planning Dept.
Narda Wilson, Senior Planner, Planning Dept.
GLACI
!, BANKER
IRREVOCABLE STANDBY LETTER OF CREDIT
City of Kalispell Letter of Credit No. 1-04-224
PO Box 1997 Date: June 23, 2004
Kalispell, MT 59901 Expiration Date: January 6, 2006
Amount: $54,047.50
We hereby establish in your favor an irrevocable letter of credit up to the
aggregate amount of Fifty Four Thousand Forty Seven and 50/100 U.S. Dollars
($54,047.50) at the request of Northview Heights, LLC.
If Northview Heights, LLC fails to complete the specified improvements in the
Northview Heights Subdivision within the time period set forth in the attached
Improvements Agreement, 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 install improvements not installed in conformance with the
Improvements Agreement and specifying the default or defect in question.
All drafts must be presented 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 stated, this Letter of Credit is subject to the Uniform Customs
and Practices for Commercial Documentary Credit (1983 Revision) International
Chamber of Commerce.
:GLACIER B K
Dennis S. Beams
Executive Vice President
NoWSWe�wwwalocierbank.com 0 email: glacier@glacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY LENDER
V)
J
2004197 10 3 3 () @14)
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
North Riding Lane
THIS AGREEMENT, made and entered into this 07, day of 2004, by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the first P ran t d hereinafter
referred to as the CITY, and
Northview Heights LLC
(Name of Developer)
a Limited Liability Corporation
(Individual, Company or Corporation)
located at 690 N. Meridian, Suite 210, Kalispell, MT 59901
(Street Address/P.O.Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
1VATA9V►1x.Y.`M12111
THAT WHEREAS, the Developer is
Northview Heights Subdivision- Phase
(Name of Subdivision)
located at Northview Heights
(Location of Subdivision)
and
the owner and developer of a new subdivision known as
WHEREAS, the City has conditioned its approval of the final plat of
Northview Heights Subdivision- Phase 3 upon the condition North Riding Lane
(Name of Subdivision)
be completed at this time, and the Developer feels required to bond for the completion of those
improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a Developer 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 $43,238.00.
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 $54,047.50. Said Letter of
Credit or other collateral shall have an expiration date of at least sixty (60) days following the dates set
for completion of the improvements, certifying the following:
J:\2002\K02-010\K02-010-009\Word\jun.8.04.APPENDIX E.sub.improvement.northridinglane.doe
a. That the creditor guarantees funds in the sum of $54,037.50, the estimated cost of
completing the required North Riding Lane improvements.
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 November 6, 2005.
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 warrant 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.
5. Developer reserves the right to contest in court, the necessity of this Agreement and the
City's demand for the completion of the improvements covered hereby at this time.
J:\2002\K02-010\K02-010-009\Word\jun.8.04.APPENDIX E. sub. i mprovement.northri din glane. doc 2
Of 004197
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 detennines 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.
_Northview Heights, LLC
(Name of Subdivision/Developer/Finn)
by
Partner)
STATE OF MONTANA
COUNTY OF FLATHEAD
On this �� ay ofyAIE—� , 2004, before me, a Notary Public for the State of
Montana, personally appeared Frank R. Strickland known to me to be the General Partner of Northview
Heights, LLC, whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first
above written
Notary Pu lic for he State of Niontana
Residing at "WG?fflgl
My Commission Expires -7® it.
MAYOR, CITY OF KALISPELL
MAYOR
J:\2002\K02-010\K02-010-009\Word\jun.8.04.APPENDIX E.doc
om
ATTEST:
CITY CLERK
Legal Description
Bitterroot Heights Subdivision
(fka Northview Heights Subdivision — Phase 3)
Real property located in the SW 1/4 of Section 1, Township 28 North, Range 22 West,
P.M.M., Flathead County, Montana and otherwise known as Bitterroot Heights
Subdivision as shown on the map or plat of record with the Office of Clerk and Recorder
of Flathead County, Montana.
ANKI �.
ESTIMATE - North Riding Lane Improvements
NORTHVIEW HEIGHTS, LLC
KALISPELL, MT - JUNE 2004
ITEM
NO. QUANTIT UNITS DESCRIPTION
STREET, WATER, SEWER, STORM DRAINAGE, LIGHTS
1
1 LS
Mobilization
WATER IMPROVEMENTS
2
400 LF
Water Main - 8" PVC C-900 Class 150
3
2 EA
Fittings
4
1 EA
8"x12" Tapping Sleeve and Valve
5
2 EA
New Fire Hydrant Assembly
8
133 SY
Asphalt Replacement
STREET IMPROVEMENTS
9
1,400 SY
2" Asphalt Concrete
10
800 LF
Concrete Curb & Gutter
11
450 SY
4" Thick Sidewalk with base gravel
12
1 L.S.
Seeding & topsoil & trees
TOTAL ESTIMATE
Total Financial Security (125% of Total Estimate)
Engineer's Estimate
Unit Price Total Price
(Figures) (Figures)
$2,500.00 $2,500.00
$14.52
$5,808.00
$350.00
$700.00
$1,800.00
$1,800.00
$2,400.00
$4,800.00
$10.00
$1,330.00
$5.50
$7,700.00
$8.60
$6,880.00
$21.60
$9,720.00
$2,000.00
$2,000.00
$43,238.00
$54,047.50
06.22.04.North.rid ing.lane. impr.est..xls Page 1
CERTIFICATE OF ENGINEER
NORTHVIEW HEIGHTS SUBDIVISION NORTH RIDING ROAD
I, Michael W. Fraser, a Licensed Professional Engineer in the State of Montana, acting on behalf of Thomas,
Dean & Hoskins, Inc., do hereby certify:
Estimated costs in Exhibit attached hereto are true and accurate;
vp-
Done this day of, 2004.
Certificate of Notary
State of Montana
County of Flathead
On this day of Jd&t� , 2004, before me the undersigned, a Notary Public for the State of Montana,
personally appeared Michael W. Fraser, known to me to be the person whose name is subscribed to the
forgoing -instrument and acknowledged to me that he executed the same.
Notary Public ffof the State f Montana
Residing at 1.��PC
My Commission Expires on 7SEAL
Ito
5TA'TEt9,FMONrANA COUN7Or FZATNEAN ss
RECORDED-VV r,-;L REC.7,Qa.5 Or FLATA-gAD COC#-Jrv, srATE OF M01VTANA A r THE
aEcuEs r nr . _
1' LAI+7Y�1llj � czE�'efi�vUn>eG'J�✓ moo � � /i fJTY
� 1 `
RETURN " P�OCt'A4BV T #
J:\2002\K02-010\K02-010-009\Word\jun.8.04.APPENI E.do g
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
October 26, 2005
Glacier Bank
Dennis S. Beams
Executive Vice President
P.O. Box 27
Kalispell, MT 5993-0027
Re: Northview Heights, LLC Northview Heights Subdivision Phase II
Irrevocable Letter of Credit #1-04-223 in the amount of $ 73,227.00
Dear Mr. Beams,
We are releasing the above referenced Letter of Credit #1-04-223 in the amount of $ 73,227.00
since the required construction has been completed and approved.
Sincerely,
Carol L. Kostman
City Treasurer
Enclosure: 1
cc: Northview Heights LLC
690 Meridian, Suite 210
Kalispell, MT 59901
cc: James H. Patrick, City Manager
Theresa White, City Clerk
Amy H. Robertson, Finance Director
Charlie Harball, City Attorney
James C. Hansz, Director of Public Works
Frank Castles, P.E., Assistant City Engineer
Tom Jentz, Director Planning Dept.
Narda Wilson, Senior Planner, Planning Dept.
RGLACIER
'A Rk BANK
City of Kalispell Letter of Credit No. 1-04-223
PO Box 1997 Date: June 24, 2004
Kalispell, MT 59901 Expiration Date: December 31, 2005
Amount: $73,227.00
We hereby establish in your favor an irrevocable letter of credit up to the
aggregate amount of Seventy Three Thousand Two Hundred Twenty Seven and
00/100 U.S. Dollars ($73,227.00) at the request of Northview Heights, LLC.
If Northview Heights, LLC fails to complete the specified improvements in the
Northview Heights Subdivision within the time period set forth in the attached
Improvements Agreement, 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 install improvements not installed in conformance with the
Improvements Agreement and specifying the default or defect in question.
All drafts must be presented 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 stated, this Letter of Credit is subject to the Uniform Customs
and Practices for Commercial Documentary Credit (1983 Revision) International
Chamber of Commerce.
GLACIER BANK
Dennis S. Beams
Executive Vice President
DB/sks
No bw,wow,goo.1,e(b. lnk.com e email: glacier@glacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY LENDER
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
October 26, 2005
Glacier Bank
Dennis S. Beams
Executive Vice President
P.O. Box 27
Kalispell, MT 5993-0027
Re: Northview Heights, LLC Northview Heights Subdivision Phase II
Irrevocable Letter of Credit #1-04-223 in the amount of $ 73,227.00
Dear Mr. Beams,
We are releasing the above referenced Letter of Credit #1-04-223 in the amount of $ 73,227.00
since the required construction has been completed and approved.
Sincerely,
Carol L. Kostman
City Treasurer
Enclosure: 1
cc: Northview Heights LLC
690 Meridian, Suite 210
Kalispell, MT 59901
cc: James H. Patrick, City Manager
Theresa White, City Clerk
Amy H. Robertson, Finance Director
Charlie Harball, City Attorney
James C. Hansz, Director of Public Works
Frank Castles, P.E., Assistant City Engineer
Tom Jentz, Director Planning Dept.
Narda Wilson, Senior Planner, Planning Dept.
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
October 26, 2005
To: Carol Kostman, Treasurer
From: Frank Castles P.E. Assistant City Engineer
ineer
RE: Northview Heights, Phase II
It is our opinion that Northview Heights LLC, the developer of Northview Heights, Phase
II, has completed the required construction in accordance with the approved
construction documents. We recommend that the financial security in the amount of
$73,277.00 be returned to the developer.
Cc: TD & H
via fax: 752-5230
Narda Wilson, Senior Planner
Kalispell Planning Office
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2004, by and
between the CITY COUNCIL, CITY OF KA.LISPELL, MONTANA, Party of the Vst Part and hereinafter
referred to as the CITY, and
Northview Heights LLC
(Name of Developer)
a Limited Liability Corporation,
(Individual, Company or Corporation)
located at 690 N. Meridian, Suite 210, Kalispell, MT 59901
(Street Address/P.O.Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Northview Heights Subdivision- Phase 2
(Name of Subdivision)
located at Northview Heights
(Location of Subdivision)
and
WHEREAS, the City has conditioned its approval of the final plat of
Northview Heights Subdivision- Phase 2 upon the condition North Riding Lane
(Name of Subdivision)
be completed at this time, and the Developer feels required to bond for the completion of those
improvements set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a Developer 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
$272,995.00.
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 $73,227.00. Said Letter of
Credit or other collateral shall have an expiration date of at least sixty (60) days following the dates set
for completion of the improvements, certifying the following:
JA2002\K02-010\K02-010-009\Word\jun.24.04.APPENDIX E.sub.imp-ovement.phase2.doe
2004:197 c
a. That the creditor guarantees funds in the sum of $73,227.00, the estimated cost of
completing the required North Riding Lane improvements.
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 October 31, 2005.
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 warrant 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;
That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
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.
5. Developer reserves the right to contest in court, the necessity of this Agreement and the
City's demand for the completion of the improvements covered hereby at this time.
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2004197 i
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.
Northview Heights, LLC
(Name of Subdivision/Developer/Firm)
by
(General Partner)
STATE OF MONTANA
COUNTY OF FLATHEAD
41
On this day of L 2004, before me, a Notary Public for the State of
Montana, personally appeared Frank R. Strickland known to me to be the General Partner of Northview
Heights, LLC, whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and year first
above written
V-�' �. _
A 1'C � L
Notary Public for the State of Mo tana
Residing at
My Commission Expires '7. 1(. 2
v
MAYOR, CITY OF KALISPELL ATTEST:
CITY CLERK
7
EXHIBIT A
NORTHVIEW HEIGHTS SUBDIVISION PHASE- 2
This agreement specifically includes the following improvements, their projected construction completion
date and estimated construction costs.
ESTIMATED
CONSTRUCTION
IMPROVEMENTS STATUS COSTS
Water System
Complete
Sewer System
Complete
Storm Drainage
Complete
Utilities
FEC
Complete
NEW
Complete
CTL
Complete
Trenching/Vaults
Complete
Street Improvements
Excavation
Complete
Subbase
Complete
Base Course
Complete
Asphaltic
Concrete 4"
Complete
Asphaltic Concrete 2" overlay
0%
Concrete Curbs
& Gutter
85%
Sidewalk*
0%
Plantings*
0%
Top Soil & Seeding
50%
Total
Total Financial Security
(125% of cost of completion)
* includes North Riding Lane
J:\2002\K02-OIO\K02-010-009\Word\jun.24.04. APPENDIX E.sub. improvement.phase2.doc
$3,850.00
$4,351.60
00
Al"8;'.r
400.001
LU
$581- - 6b�, j
�
4
t is
CERTIFICATE OF ENGINEER
NORTHVIEW HEIGHTS SUBDIVISION PHASE- 2
I, Michael W. Fraser, a Licensed Professional Engineer in the State of Montana, acting on behalf of Thomas,
Dean & Hoskins, Inc., do hereby certify:
Estimated costs in Exhibit A attached hereto are true and accurate;
Done this day of, 2004.
M
Fraser #38,,26`"
Certificate of Notary
State of Montana
County of Flathead
On this X'day of J v , 2004, before me the undersigned, a Notary Public for the State of Montana,
personally appeared Michael W. Fraser, known to me to be the person whose name is subscribed to the
forgoing instrument and acknowledged to me that he executed the same.
li�StlE1l1 I/q 7
e55 �[lfi��'"'
�0°e�G
Notary Pu is for the State of Montana
�= Residing at �Q
My Commission Expires on "�• (�>SEAL
OF
01, ii
t')L 1 } ' sTATFCFA40Nr4)kW . MUNTYOF/LATRF4Dj .ss
RECORDED IN THERECC3RDs OFF'r1 D CowTY, s;"-ATEOF
J:\2002\K02-010\K02-010-009\Word\jun.2i.0P subj. o uzl �d
i
RETURN DOCUMENT#
FEW ► i
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this _,a day of%t L-" �t , l)
2002 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the
First Part and hereinafter referred to as the CITY, and
Northview Heights LLC
(Name of Developer)
a Limited Liability Corporation
(Individual, Company or Corporation)
located at 690 N. Meridian, Suite 210, Kalispell, MT 59901
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision
known as Northview Heights Phase I
(Name of Subdivision)
located at Northview Heights
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Northview Heights Phase 1 , upon the conditions as set forth
(Name of Subdivision)
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
$ 448.543.70
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
$ 174 764.70 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 S 174 764.70
the estimated cost of completing the required improvements in
Northview Heights
(Name of 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 October 31, 2004
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,
£ All applicable fees and surcharges have been paid.
A. 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
confonnance with said specifications.
s
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 lb -nits, 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.
g(� ' L-Lr
(Natne of Subdivision/Developer/Finn) ®/
by
(Title)
STATE OF MONTANA
COUNTY OF
aatt Z
On this day of /� t� i`y , .l-9" , before me, a Notary Public
for the State of Montana, personally appeared 1FRA641= t?-, known to
me to be the A6c— of V �JOl 15 a--G , whose
naive is subscribed to the foregoing instrument and acknowledged to me that he/ executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my,j*,9tv"LVN %j this
day and year first above written,.
Notary Public for the Aate of Montana
Residing at KA1--L -20t� Lt--
My Commission Expires 7. 11 • 7-D®t
' `NOTARY
SEAL
a,......IF
..a�,`
Y CITY OF K ALISPELL ATTEST:
r
(:TYOR G/ T� C' Lc -K
IM4 113w
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
ESTIMATED
CONSTRUCTION
IMPROVEMENTS
STATUS
COSTS
Water System
Complete
---
Sewer System
Complete
---
Storm Drainage
44.4%
$9,676.45
Utilities
FEC
Complete
NEW
Complete
CTL
Complete
TrenchingNaults
41.5%
$10,647.00
Street Improvements
Excavation
Complete
Subbase
48.1%
$17,689.00
Base Course
43.3%
$4,131.91
Asphaltic
64.9%
$18,288.00
Concrete 4"
Asphaltic
49.3%
$6,809.00
Concrete 2"
Concrete Curbs
25%
$21,988.00
& Gutter
Sidewalk
23.7%
$44,348.00
Plantings
0%
$6,234.40
Total
$139,811.76
Total Financial Security (125% of cost of
$174,764.70
completion)
w4a
CERTIFICATE OF ENGINEER
I, Michael W. Fraser, a Licensed Professional Engineer in the State of Montana, acting on behalf of
Thomas, Dean & Hoskins, Inc., do hereby certify:
Estimated costs in Exhibit B attached hereto are true and accurate;
Work completed has been completed in accordance with the approved plans and specifications, standards
of the City of Kalispell and the State of Montana.
,ram
Done this day AU(6t of, 2002.
Certificate of Notary
State of Montana
County of Flathead
1
aser, 826
� F
'N AN,
On this ZPdayof 2002, before me the undersigned, a Notary Public for the State
of Montana, personally appeared , known to me to be the person whose
name is subscribed to the forgoing instrument and acknowledged to me that he ex cuted e ame.
����1111i4t44ltIIIIIIIIU,11!11
d Notary Public f the State of _
O>` Residing at KAL
-5
=VNOMy Commission Expires on .1t.
SEAL
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
June 30, 2005
Mr. Dennis S. Beams
Executive Vice President
Glacier Bank
P.O. Box 27
Kalispell, MT 59903
Re: Northview Heights Subdivision Phase I
Dear Dennis,
Since the developer, Tim Birk has completed the required construction in accordance
with the approved construction documents, I am releasing the Glacier Bank Irrevocable
Bank Letter of Credit in the amount of $500.00.
Sincerely,
Carol L. Kostman
City Treasurer
cc: Frank Castles, P.E., Assistant Engineer
Narda Wilson, Senior Planner
Tri-City Planning Office
Enclosure: I
�.GLACIER
BANK
City of Kalispell DATE: December 28, 2004
PO Box 1997 Letter of Credit No.: 1-04-245
Kalispell, MT 59901 Expiration Date: June 30, 2005
Amount: $500.00
We hereby establish in your favor an irrevocable letter of credit up to the aggregate amount of
Five Hundred Dollars and 0/100 U.S. Dollars ($500.00) at the request of Northview Heights,
LLC.
If Northview Heights, LLC fails to complete the specified improvements in the Northview
Heights Subdivision within the time period set forth in the attached Improvements Agreement,
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 install improvements not installed in conformance with the Improvements
Agreement and specifying the default or defect in question.
All drafts must be presented 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 stated, this Letter of Credit is subject to the Uniform Customs and Practices for
Commercial Documentary Credit (1983 Revision) International Chamber of Commerce.
GLACIER BANK
Dennis S. Beams
Executive Vice President
DSB/pjb
website: www.glacierbank.com email: glacier@glacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY LENDER
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
June 29, 2005
To: Carol Kostman, Treasurer
From: Frank Castles, P.E., Assistant City Engineer
RE: Northview Heights, Phase I
It is our opinion that Northview Heights LLC, the developer of Northview Heights, Phase
I, has completed the required construction in accordance with the approved
construction documents. We recommend that the remaining financial security in the
amount of $500.00 be returned to the developer.
Cc: TD & H
via fax: 752-5230
Narda Wilson, Senior Planner
Tri-City Planning Office
City of Kalispell Public Works Department
Post ice Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
December 23, 2004
To: Carol Kostman, Assistant Finance Director
From: Frank Castles, P.E., Assistant City Engineer
RE: Northview Heights, Phase I
Attached is a copy of the request by the developer to reduce the amount of the
subdivision improvement financial security to $500.00. A cursory examination of the
referenced project was performed recently. We concur that the items remaining to be
constructed are as they appear in EXHIBIT B (dated 12/22/04).
The developer should provide financial security in the above amount of $500.00
Cc w/o attachments:
TD&H
Via fax: 752-5230
Theresa White — City Clerk
Narda Wilson — Tri-City Planning Office
Thomas, Dean & Hoskins, Inc. I,
TD&
Engineering Consultants }
December 22, 2004
Frank Castles, Assistant City Engineer
City of Kalispell
P O Box 1997
Kalispell, MT 59903-1997
Re: Northview Heights Phase I
Dear Frank:
Enclosed is the Engineer',s Certification of Completion for Phase I.
We have also enclosed a revised Exhibit B to the Subdivision Improvements Agreement for the
replacement of the. 1-1/27inch wash boulevard rock with five pound stones in the agreed to
amount of $500.00. This work will be scheduled for the spring.
Sincerely,
THOM DE4N
}& HOSKINS, INC.
W�
Michael W. Fraser, P.E.
MWF:. db ,
K02-010-009
Encl: Above Referenced
J:\2002\K02-010\K02-010-009\Word\ 12.22.04.castles.ltr.doc
690 North Meridian, Suite 101 • Kalispell, MT 59901 • (406) 752-5246 • FAX (406) 752-5230
..7,,.. iCgi ...
Certifies of Completion- Northview Heights Phase I
I, Michael W. Fraser, a Licensed Professional engineer in the State of Montana, acting
on behalf of Thomas, Dean and Hoskins, Inc., do hereby certify that the water, sewer,
drainage and street improvements for Northview Heights Phase I are substantially
complete ' fiance with the approved plans and specifications and approved
EXHIBIT B
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
ESTIMATED
CONSTRUCTION
IMPROVEMENTS
STATUS
COSTS
Water System
Complete
---
Sewer System
Complete
---
Storm Drainage
Complete
---
Utilities
FEC
Complete
NEW
Complete
CTL
Complete
Trenching/Vaults
Complete
---
Street Improvements
Excavation
Complete
Subbase
Complete
---
Base Course
Complete
---
Asphaltic Concrete 4"
Complete
---
Asphaltic Concrete 2"
Complete
---
Concrete Curbs & Gutter
Complete
---
Sidewalk/Boulevards
99%
$400
Plantings
0%
Total
$500
Total Financial Security (125% of cost
of completion)
$500
Revised 22-December 2004
J:\2002\K02-010\K02-010-006 Northview Hgts - Bitterroot Heights 1Lot Subd\word\12.22.04.revised.northview.exhibitB.doe