SIA Phase 1Appendix - Page At-23
'T IUS AGREMNWNT, made and entered into this _ day of. J—c, I,
'7t 3 , by and betwr=en the CITY COUNCIL., CITY OF KALISPELL, MONTANA, Party W. the
First Part and hereinafter r+efeued . to as the CITY, and
(Nams of Developer)
a �0 cv / Go e
(Wividwil, Company or Ca. on)
located ai .S Co 6n/1aeA. A -
(Sa c ct Addrr--,-lP O. Box) (City, Co , Sine, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER-
W, a
Ti[A':C WUEREAS, the Developer is the owrcer and developer df a new sub -division
known as _S
(Name of Sub4iivisi4 n) A
AN -HER EAS, the City has conditioned it's approval of the final plat of
upon the conditions as set forth
(--qAAr of Subdivision)
m the Prelimi mry Plat of die Subdivision being completed and all improvements, as cited in
"Exhibit A° have not been completcd at this time, and the Developer wishes to bond, for thf�-
completion of those irnproveutants set forth in "Exhibit A"; and
WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
firiarici:Rl sc:runty of. 125% of the estirnaTed total cost of consmcction of said imprcvements as
evidewed by an estimate: prcparvA by a Licensed public engineer included herewith. as ".Exhibit 33",
and
REAS, IN: gtituatcd total cart of construction. of scud improv=euts is the stem of
NOW TAR FORE, in consideration of the approval of the final plat of said Subdivision
by the City, the Developer hereby agues as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, ar other
acccptablc collateral as determined by the City Council, in the amoual of
S+Q6 „ _ Said Letter of Credit or other collateral shall have 3n expiration
date of at least stay (60) days following the date set for completion of the improvements, certifysl,
The lolloW63g.
Page A-24 - A.ppcndix
a. Tb u the crcditoT guarantees funds in the sum of $ 02, 41/0 _s
the estimated cost of completing the required improvements in
(Maine of Subdivisioa)
b. Tizat if The Developer fails to complete the specified-Improverr3cnL within
the required period, the creditor azll pay to the City immediately, and -Anthout further action,
such funds as iris n=. ssmy to finance tha completion of those improvements up to flit:
limited of credit s=-d in the letter,
?. That said required improvements s1,:11 be fully completed by
3. 'I'l,at upon cvrripleduri of t1w required improvements, the Developer shall cauzc to
be filed with the City a statemeat certifying that:
All required improvements are complete,
b. That the improvements arc in. compliance with the minimura 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 Cif;
C. That the Developer knows of no defects in those improt ements;
d. That these improvements are free and clear of any encumbrances or lies;
e. That a schedule of actual construction costs has amen 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 irnprovcmcnts, with the certification of the registered professional
engineer responsible for their preparation that all required improvements have been izrstalled in
conformance with said specifications.
Appendix - page A-25
IT IS ALSO AGREED -BY AND BETWEEN THE PAWIES HERETO AS
L'KOLLA)WS,
That the Dcvcloper shall provi& for inspection of all rn,..quired improvements by a registercd
professional engineer before the Developer shall be ieleased `uom the Subdivision hmprovernmt
Tla2l if the City deter�- that any improvements are not wnstructed in compliance with
the smcihications, it shall furnish tlu: Developer with a list of specific deficiencies grad may
withhold coilatexal s.rf - dent to insure such compliance. if �ffie City deft —mines do the Developer
will not con --tract any or all of the impzoveruuats in accordance with die mccificadoes, or within
the rewired time limit_, it tray withdraw the collateral and employ such fil ds as may be nccessaTy
to construct the improvement or improvements in accordance with the speciEcations. Tile: unused
portions of the coll=ral shall be rate ned to the Developer or the credsting institution, as is
appropriate.
IN WITNESS V4HREOF, the Partics have bere,tato set their hands and seals the day and
year herein' before wrimn-
(Neuac o ubdivizion/Dcvelopar/Fkm)
by c
(Tabs}
STATE OF' MO A
COUNTY OF
On this day y of l _ 1 == before me; a Notary.Pubhc
_..........
for the State of Morltarta, p rsona" ap eel �1 _, known to
me to be the 4 �� v?iosa
name is subscribed to foregoing msmument and acknowledged to me that he/she exzzusel 2lie
same.
s
1N WITNESS 'WI-MREOF, 1 have heresnto set my hand and .M} § Seal 4'us
day dear first above tten_`,
No ublic r State of 1K na '_
Residing at 'a�
My CorM Ssio Expires '7 �'�$�
Lky R, CITY OF KALISPELL ATTEST:
JMAYOR FII�T+ ICE DIRECTOR
Page A-26 - Appendix
EXHIBIT A
Conditions olapproval as fixed to the preliminary plat by the City Cowic.il., Kalispell, Montana.
I
Ties agreement Specifically iricludes the following improvements, their projected
construction completion date end estir47ated eonsLructinn costs.
CHECK CONSTRUCTION ESTIMATED
APPROPRIATE COMPLETION
CONSTRUC [ [ON
OvIPROVEMENTS
Street Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanwa y Sewers
Mains
Other ( )
On -Site Scwage
Facilities
Water Systems
Mains
Other( )
On -Site Water Supply
Water Storage Tanks
Fire HydranL;
Storm Sewer or
Dr-ainat;e Facilitira
S trtcr S lg ns
SL eet Lighting
Street Monuments
Sarvey Monwnent boxes
Landscaping
Other ( y
BOX
0
TOTAL COLLATERAL, "TOTALS COSTS X 105%)
DATE COSTS
i
i
SL'BTOTA.-
FEES
TOTALS COSTS
i