Public Improvements Agreement/35 Three Mile DriveReturn to:
Theresa White
Kalispell City Clerk
201 1 st Avenue East
Kalispell, MT 59901
IIIII 'III IIIIIIII I III III I II III II IIIII' I I II II II II II IN2008
Page:1 of 4 92
Fees. $28.00
Paula Robinson, Flathead County MT by TM 11/20/2008 3:52 PM
PIUBLIC IMPROVEMENTS AGREEMENT
For
35 THREE MILE DRIVE
THIS AGREEMENT, made and entered into this ] ` ,day of October, 2008, by and between
the CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the
CITY, and THREE MILE PROFESSIONAL CENTER LLC located at 690 N Meridian #103,
Kalispell, MT 59901, Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
WHEREAS, the Developer is the owner and developer of a new commercial facility known as 35
Three Mile Drive located at 35 Three Mile Drive, Kalispell, Montana; and,
WHEREAS, the City has conditioned it's approval of the Certificate of Occupancy of 35 Three Mile
Drive upon certain improvement being completed and all improvements, as cited in "Exhibit A"
have not been completed at this time, and the Developer wishes to provide cash in lieu of providing
a bond for the completion of those improvements; and
WHEREAS, the estimated total cost of construction of said improvements, as set forth in "Exhibit
A", an estimate prepared by a licensed public engineer, is the sum of $11,420.00; and
WHEREAS, the City of Kalispell is in the process of designing a long term upgrade of Three Mile
Drive and such final design for the upgrade may require the removal of the improvements
otherwise required for the Certificate of Occupancy; and
WHEREAS, it is currently uncertain when the upgrade improvements will be made to Three Mile
Drive; and
WHEREAS, the parties agree that it would be financially prudent and fair and reasonable to the
parties to allow the Developer to provide cash in lieu of providing a bond for the completion of
those improvements in the amount of $11,420.00; and
Page: 2 of 4 92
Fees: $28.00
Paula Robinson, Flathead County MT by TM 11/20/2008 3:52 PM
WHEREAS, the City agrees that it shall use the above described funds paid by Developer as cash in
lieu of a bond to pay for the public infrastructure improvements on the subject property as may be
required by the design of the long term upgrade of Three Mile Drive; and
NOW THEREFORE, in consideration of the issuance of a Certificate of Occupancy by the City, the
Developer hereby agrees as follows:
1. The Developer shall deposit the sum of $11,420.00 with the City as cash in lieu of the financial
security of a performance bond and the City agrees that it shall use such funds paid by Developer as
cash in lieu of a bond to pay for the public infrastructure improvements on the subject property as
may be required by the design of the long term upgrade of Three Mile Drive; and
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein before written.
v4t4ju('�'
By:
Managing Member
i
III ( IIII II IIII I II II IIIII I II I I I IIII II II IN Page: 3 of 4
Page: 3 of 4
STATE OF MONTANA ) Fees: $28.00
):SS Paula Robinson, Flathead County MT by TM 11/20/2008 3:52 PM
County of Flathead )
On this ) q '-day of October, 2008, before me, the undersigned, a Notary Public for the
State of Montana, personally appeared `4 t_ V1Q i = , Managing Member
of THREE MILE PROFESSIONAL CENTER LLC, and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the
day and year in this certificate first above written.
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STATE OF MONTANA )
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County of Flathead )
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Notary Public, State of Montana
Residing at k/— e
My Commission Expires 1 l-
On this ,�)'V ---day of October, 2008, before me, a Notary Public in and for the State of
Montana, personally appeared %�, , L c- ---- , known to me to be the Acting 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.
611
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Notary Public, State of Montana
Residing at t
My Commission Expires c!�k I ' `
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2008 0031892
Page: age:4 of 4
Fees: $28.00
Paula Robinson, Flathead County MT by TM 11/20/2008 3:52 PM
FRASER MANAGEMENT & CONSULTING, PLLC
690 NORTH MERIDIAN, SUITE 103
KALISPELL, MT. 59901
Charles Harball, City Attorney October 24, 2008
201 1st Avenue East
Kalispell, Mt. 59901
Re: Public Improvements- 35 3 Mile Drive
Dear Mr. Harball;
Enclosed is a check for $11, 420.00 for the curb, gutter, sidewalk, boulevard planting and
miscellaneous items of construction. We are providing the amount estimated for construction in
advance of the final improvements agreement. I am confident based on our discussions the
details of the agreement will be satisfactory to the City and Three Mile Professional, LLC.
We would have waited for the agreement but it is imperative the new office in 35 3 Mile Drive
be occupied no later then November 3, 2008. Therefore the amount of the guarantee is being
provided to you to hold until the agreement is completed. In this way the City has the financial
guarantee in hand for the improvements required by the site plan and City Standards.
I am asking you to notify Public Works of the receipt of the guarantee and instruct them to
approve the site for occupancy.
If you have any questions please contact me, 253 4326 or irifraser(c�nioiitanasl:v.net.
Sincer ly;
l✓tJ
Michael W. Fraser, PE.
w/encl. Check Number