SIAAppendix - Page A-23
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to / THIS AGREEMENT, made and entered into this � day of
, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the
First Parj an hereinafter referred to as the CITY, and
(Name of Developer)
a . LCj
(Individual, Com)anv or Corporation)
located at Y--,u , x- ,t/ -
(Street Address/P. O. ox) (City, Cou4ty, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
T T
known as
(Name o St
located at
(Location of
and,
the ,City has.., conditioned it's approval of the final plat of
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 xvishes 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
$— 4 A00 - 00-
,,
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision
by the City, the Developer hereby agrees as follows:
I. 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
$ LL,600, 0 . 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:
Feb ,Clay 04 02:38F LRRSEN ENG.& SURV. (40G)257-4051
E
Appendk< - Page A-25
IT IS AM* AGREED BY AND BETWEEN THE PARTIES RERETO A-��
FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of „Jl required improvements by a registereci I
professional engineer before the Developer shall be released from the Subclivision Improvement
Agi-eement.
That if the City' , deterrr�ines that any improvements are not constructed in compliance ivith
the specif'icat-ions, it shall furnish the Developer with el, list of specific deficiencies and may
vvi'thfrold collateral suffficient to insure such compliance. If the City detelm-liftes that the Developer
will not construct am, or all of the improvements in accordance Alith the specifications, or NNithin
the required time lirriits, it may v6ihdraw the collateral and employ such funds as may be necessary
to construct The improvement or improvements in accordance A-ith the specifications. The unused
portions of the collateral shall be returned to the Developer or the crediting Institution. as is
appropriate,
IN WONESS WHPJMOF, the Parties have hereunto set their hands and seals the day and
year X wherein foreritten
,
('Lqanie of S r bdivisiowDevelopeVFimi.)
(Title)
STATE OF \10
COUNTY OF
On this day of 44 Wbefore me, a Notary Public
for the State of Fontana,Fontana,personally appeared �kiiown to
me to be the of
name is subscrib4id to the foregoing insmiment and acknowledged to me that he/she
e. e executed the
sane.
IN A'ITNESS NVHEREOF. I havo hereunto set -my hand and affixed my Notarial Seal this
dad �year first above
NjotatyPubli the ate of 1VIom
Residing li` -
IMY, Comm-iissit n Expires
M,AY R, CITY
CfrY OF KALIS E L T
Z��9.5k— -
NJAYOR
C'
RN,
Page A-24 - Appendix
a. That the creditor guarantees funds in the sum of $ �` }� 00
imated cost of, completing the required improvements ir,
(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
49
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 or
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.
Page A-26 - Appendix
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED
APPROPRIATE COMPLETION
CONSTRUCTION
IMPROVEMENTS BOX
Street Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Stone Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping
Other ( )
TOTAL COLLATERAL (TOTALS COSTS X 125%)
DATE
COSTS
SUBTOTAL. 5
FEES a —
TOTALS COSTS ��