CorrespondenceARCHITECTURE
July 2, 2004
P.J. Sorensen, Zoning Administrator
City of Kalispell
P.O. Box 1997
Kalispell, MT 59901
Re: Orchard Village Subdivision
Section 13, T 28N, R 22W, Flathead County
Dear PJ:
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Thank you for your time yesterday in discussing the referenced project. The City of Kalispell has issued
preliminary plat approval for the referenced subdivision. Condition No. 10 requires that issues relating
to the i 00-year floodplain be addressed prior to the construction of improvements on Lot 14. Lot 14 is
located in the southwest quadrant of the property.
The Federal Emergency Management Administration (FEMA) has recently retained Pacific
International Engineering (PIE) to complete a study of Ashley Creek as a flood would be routed
through the City of Kalispell. That study stops approximately 2800-feet south of the referenced
property (see panel 1805 of 3425). The property is currently mapped entirely Zone C. In reviewing the
PIE study, the base flood elevation is 13-feet above the bottom channel elevation at the northerly limit
of their study. The referenced property ranges from about 16-feet to 22-feet above the nearest
channel elevation of Ashley Creek, 16-foot elevation being the southwest property corner. The
property where the building on Lot 14 is to be constructed will be approximately 19-feet above the
channel elevation.
Based upon this data, we believe the property where the building on Lot 14 is to be constructed is
above the base flood elevation. Additionally, the drainage plan for the referenced project has
suggested that the finish floor elevation for the building on Lot 14 be approximately 4-feet above the
ground surface on this lot.
Please review this information at your convenience. If you find this adequately addresses Condition
No. 10 with the referenced project, please forward a letter of concurrence to our office. If you need
additional information or would like this matter further evaluated, please do not hesitate to call our
office.
Sincerely,
SCHWARZ ARC ITECTURE & ENGINEERING, Inc.
John P. Schwarz, P.E.
Cc.: Michael Blend
Narda Wilson
Chris Kukulski
Project File #3123.04
E:\Project Files\Blend Design & Build\Orchard Village-Appleway Condos\PJ Sorenson, July 5, 2004.doc
SCHWARZARCH ITECTUREAND ENGINEERING, INC.
100 Financial Dr., Suite 120 - Kalispell, MT 59901 - Tel: 406.755.1333 - Fax: 406.755.1310 - www.schwarzae.com —7/
City p of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
April 19, 2005
Michael Blend
PO Box 7505
Kalispell, MT 59901
Dear Mr. Blend:
The City Council, at its regular meeting last evening, accepted the Subdivision
Improvement Agreement and final plat for Orchard Village Subdivision.
Please contact me if you need additional information.
Sincerely,
Theresa White
City Clerk
Cc: Narda Wilson, Tri-City Planning Office, 17-2nd Street East, Suite 211, Kalispell,
MT 59901
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 22nd day of February 2005, by and between
the CITY COUNCIL, City of Kalispell, Party of the First Part and hereinafter referred to as the CITY,
and
Orchard Village LLP, located at PO Box 7505 Kalispell, MT 59901, Party of the Second Part and
hereinafter referred to as DEVELOPER.
WITNESSETH:
and,
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Orchard Village Subdivision, located at Section 13, T 2$N, R 22W, Flathead County Montana
WHEREAS, the City has conditioned its approval of the final plat of Orchard Village
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
$44,443.20.
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 Certificate of Deposit, in the amount
of $55,554.00. Said Certificate of Deposit has an expiration date of at least sixty (60) days following the
date set for completion of the improvements, certifying the following:
Subdivision Improvements Agreement — Orchard Village Subdivision Page I of 5
a. That the creditor guarantees funds in the sum of $55,554.00, 125% of the estimated cost
of completing the required improvements in Orchard Village.
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 limit of credit stated in
the letter.
2. That said required improvements shall be fully completed by December 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 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.
Subdivision Improvements Agreement — Orchard village Subdivision Page 2 of 5
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.
Orchard Village LLP
(Title)
Subdivision Improvements Agreement - Orchard Village Subdivision Page 3 of 5
STATE OF MONTANA \\
COUNTY OFCt'CLG
On this.-�j�day of ,—, 20 before me, a
State of Montana, personally appeared
known to me to be of \S \
whose name is subscribed to the foregoing instrument and acknowledged to me
same.
IN WITNESS WHEREOF., I have hereunto set my hand and affixed my Notarial Seal this day
and year first above written.
Notary Public for e State of Montana
�
Residing a�-� �-� � ` _
My Commission Expires \
MAYOR, CITY OF KAL.ISPELL
B--,K'
Mayor
ATTEST:
By: _
CITY CLF-9K..
Subdivision Improvements Agreement — Orchard village Subdivision Page 4 of 5
WNW* fC-0397a1
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
:11
This agreement specifically includes the following improvements, their projected construction
completion date and estimated construction costs.
IMPROVEMENTS
Sidewalks
Paving
Landscaping
CHECK CONSTRUCTION
APPROPRIATE COMPLETION
BOX DATE
TOTAL COLLATERAL (TOTAL COST x 125%)
105
105
105
ESTIMATED
CONSTRUCTION
COSTS
$ 10,082.00
$ 18,127.20
$ 16,234.00
SUBTOTAL $44,443,20
FEES
TOTAL COST $44,443.20
$55,554.00
Subdivision Improvements Agreement — Orchard Village Subdivision Page 5 of 5
GLACIER
\BANK
PO Box 27, Kalispell, MT 59903
(406) 758-4345 fax (406) 756-4204
February 28, 2005
City of Kalispell
312 1st Ave. E.
Kalispell, MT 59901
RE: Michael K. Blend Inc.
Irrevocable Letter of Credit No. 1-05-250
Amount: $55,554.00
Expiration Date: March 1, 2006
Glacier Bank has established an Irrevocable Letter of Credit in your favor at the request
of and for the account of Michael K. Blend Inc., 104 W. Bluegrass Dr., Kalispell, MT
59901, up to the aggregate amount of FIFTY-FIVE THOUSAND FIVE HUNDRED
FIFTY-FOUR AND 00/100 US DOLLARS ($55,554.00), to cover paving, sidewalks,
landscaping and the park in Orchard Village Development on Appleway Drive.
If Michael K. Blend Inc. fails to complete the specified improvements on Appleway
Drive 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.
Said funds are available by presentation of your sight draft(s), which clearly specifies the
number of this Letter of Credit and shall be presented at the office of Glacier Bank, 202
Main Street, Kalispell, MT 59901. All drafts must be presented prior to the expiration
date stated above, and this Letter of Credit must accompany the final draft for payment.
Draft(s) drawn in conformity with the conditions of the credit will be honored by us if
presented at our office on or before March 1, 2006.
website: www.glacierbank.com ID email: glacier@glacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY LENDER
City of Kalispell
February 28, 2005
Page 2
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,
Peter J. Davis
Vice President
PJD/djb
A" SER
ll I\BANK
PO Box 27, Kalispell, MT 59903
(406) 758-4345 fax (406) 756-4204
February 28, 2005
City of Kalispell
312 1st Ave. E.
Kalispell, MT 59901
RE: Michael K. Blend Inc.
Irrevocable Letter of Credit No. 1-05-250
Amount: $55,554.00
Expiration Date: March 1, 2006
Glacier Bank has established an Irrevocable Letter of Credit in your favor at the request
of and for the account of Michael K. Blend Inc., 104 W. Bluegrass Dr., Kalispell, MT
59901, up to the aggregate amount of FIFTY-FIVE THOUSAND FIVE HUNDRED
FIFTY-FOUR AND 00/100 US DOLLARS ($55,554.00), to cover paving, sidewalks,
landscaping and the park in Orchard Village Development on Appleway Drive.
If Michael K. Blend Inc. fails to complete the specified improvements on Appleway
Drive 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.
Said funds are available by presentation of your sight draft(s), which clearly specifies the
number of this Letter of Credit and shall be presented at the office of Glacier Bank, 202
Main Street, Kalispell, MT 59901. All drafts must be presented prior to the expiration
date stated above, and this Letter of Credit must accompany the final draft for payment.
Draft(s) drawn in conformity with the conditions of the credit will be honored by us if
presented at our office on or before March 1, 2006.
website: www.glacierbank.com email: glacier@glacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY LENDER
City of Kalispell
February 28, 2005
Page 2
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,
J�`
Peter J. Davis
Vice President
PJD/djb
City of Kalispell
Post Office Box 1997 - Kalispell. Montana 59903-199T- Telephone (406)758-7700 Fax (406)758-7758
August 1, 2006
Glacier Bank
Peter J. Davis
PO Box 27
Kalispell, MT 59903
Re: Orchard Village Subdivision
Dear Mr. Davis,
The required subdivision improvements have been completed on Orchard Village
Subdivision. We are returning Letter of Credit No. 1-05-250 in the modified amount of
$20,292.50.
Sincerely,
Deb Deist
City Treasurer
cc: Michael K. Blend, Inc
1069 N. Meridian Road
Kalispell, MT 59901
Mark Crowley
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-7831
July 31, 2006
To: Deb Deist
From: Mark Crowley, Construction Manager
Re: Orchard Village Subdivision
Dear Deb:
Please release Letter of Credit #: 1-05-250 for the above -mentioned project. The engineer has certified the
construction, provided as -built drawings and all other items have been addressed.
If you have any questions, do no hesitate to call this office.
Sincerely
e
Mark owley, CFM
Construction Manager
Cc: Schwarz Architecture and Engineering
Michael K. Blend, Inc.; 1069 North Meridian Road; Kalispell, Montana 59901
Kalispell Planning Dept.
sz City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
February 16, 2006
To: Deb Deist, City Treasurer
From: Frank Castles, P.E., Assistant City Engineer
RE: Orchard Village Subdivision
Attached is a request from the developer to extend the letter of credit for the
referenced project. Approval is granted to the developer to extend the Subdivision
Improvement Agreement to July 29, 2006, as noted in his attached letter
The developer is extending the financial security in the amount of $20,292.50 with an
expiration date of August 29, 2006.
Cc w/o attachments:
Blend Design and Build
P.O. Box 7505
Kalispell, Montana 59904
Sean Conrad — Kalispell Planning Office
2
April 27, 2006
City of Kalispell
312 1st Avenue E.
Kalispell, Mt 59901
To Whom It May Concern:
We are requesting that you extend our subdivision improvement agreement up to July
29, 2006 to give us ample time to complete the final landscaping at Orchard Village
on Appleway Drive in Kalispell. Please reference our modified letter of credit from
Glacier Bank dated April 26, 2006 with the modified expiration date of August 29 h,
2006.
Sincerely,
Michael K. Blend
1069 N. Meridian Road, Kalispell P.O. Box 7505, Kalispell, MT 59904
(406) 752-5250 FAX (406) 752-2668 mblend@centurytel.net www.blenddesignbuild.com
t City of Kalispell Public Works Department
Post Office Box 1997. Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-7831
January 17, 2006
Michael K. Blend, Inc.
1069 North Meridian Road
Kalispell, Montana 59901
Re: Orchard Village Subdivision
Dear Michael:
As requested by Schwarz Architecture & Engineering, the City of Kalispell Public Works Department hereby
approves amending the existing Subdivision Improvements Agreement for Orchard Village Subdivision. The
City accepts the letter of credit from Glacier Bank in the amount of $20,292.50 with an expiration date of June
29, 2006. All improvements shall be complete by March 31, 2006. Approval by the City of Kalispell is
granted based on the following:
1. Schwarz Architecture & Engineering's letter of January 6, 2006 as well as a telephone conversation on
January 12, 2006 between Mark Crowley of this office and Marc Liechti, Schwarz.
2. The landscaping improvements include:
➢ minor fence repair (replace and tighten strands and eliminate sharp points);
➢ sod and plant material installation;
➢ providing stepping stones or other suitable means to provide access to the two trail access
points that your development has created;
➢ restoration of the basin site;
➢ removal of soil and material from property to the south (trail);
➢ other items that may become apparent after the snow melts.
3. The stormwater management system is not functioning adequately at this point. It does not appear
that the final grading meets the intent of the approved drawings. As Mr. Crowley discussed with
Jack, your property manager, snow may not be stored over the storm water catch basins. This
resulted in water flowing across the path to the south. Additionally, the catch basin on the west end
was completely full. It may not be draining adequately to the basin.
4. Provision of "as built" record drawings to this office.
Upon completion of the required improvements, a certification from your engineer will be required to release
the letter of credit.
Should you wish to modify an existing Subdivision Improvements Agreement in the future, the engineer shall
submit a certified breakdown of the improvements remaining (Exhibit B) and upon this ofI'ice's approval of the
Exhibit you will provide the security.
If you have any questions do no hesitate to call this office.
Sincerely, ,
Frank Castles, PE
Assistant City Engineer
Cc: Schwarz Architecture and Engineering
Kalispell Planning Dept.
Finance Department (with original letter of credit)