SIA Phase 2 (Recorded)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:
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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
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$3,850.00
$4,351.60
00
Al"8;'.r
400.001
LU
$581- - 6b�, j
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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
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�0°e�G
Notary Pu is for the State of Montana
�= Residing at �Q
My Commission Expires on "�• (�>SEAL
OF
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RECORDED IN THERECC3RDs OFF'r1 D CowTY, s;"-ATEOF
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