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SIA/Lift Station ImprovementsLift Station Improvements Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 THIS AGREEMENT, made and entered into this � -S day of fNpi, I , 2008, by and between the CITY COLNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and herinafter referred to as the "City", and Stillwater Meadows, L.L.C., a limited liability company located at 7114 E. Stetson Drive #400, Scottsdale, AZ 8525 1, Party of the Second Part and hereinafter referred to as "Developee'. PAVU01 THAT WHEREAS, the Developer is the owner and developer of a new subdivision commonly known as "Starling" located in Section 35, T29N, R22W, P.M.M., and bounded by West Reserve Drive, Stillwater Road, Four Mile Road, and Spring Creek Road; and, WHEREAS, certain offske improvements may be necessary to serve Starling, and upon application for final plat of Starling, Phase 1, the Developer agrees to provide a financial guaranty for the completion of those improvements set forth in Exhibit "A" attached hereto and by this reference incorporated herein (the "Improvements"). 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 in the amount of 125% of the estimated total cost of construction of the Improvements as evidenced by an estimate prepared by a licensed -publie- engineer (the "Letter of Credit"). 60 2. The Developer will construct the Improvements at such time as the Improvements are reasonably necessary for Starling, Phase I. 3. Developer and City acknowledge that the Improvements may be constructed prior to the reasonable necessity of the Improvements for Starling by the City or a third party, Phase 1, and in such event, Developer will no longer be required to construct the Improvements as required under Section 2 above. 4. Developer and City acknowledge that the Improvements may be or may become a part of a capital improvement budget for the City, and in such event, Developer will be reimbursed for the entire cost necessary to construct the Improvements as required under Section 2 above. 5. In the event of the circumstances in Section 3 above, Developer may terminate the Letter of Credit and Developer will have no further obligations under this Agreement. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: In the event the Developer constructs the Improvements, the developer shall provide for inspection of the Improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. At such time as such engineer determines that the Improvements are constructed in accordance with the specifications, this Agreement will terminate and Developer will have no further obligations hereunder. 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 Improvements or being the 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, Parties have hereunto set their hands and seals the day and year herein before written. -00notd L. > (Name of Subdivision/Deve oper/Firm) !�prgw� lVill WIHWe- By /U-MVXjke-Z (Title) STATE OF ARIZONA COUNTY OF 20 before me, a Notary Public for On this c��ky day of 4�)'t� the State of Montana, personally appeared known to me to be the of Z5htIOLItt5y Ll :::: 94j-'Ad01-0& , , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by Notarial Seal this day and year first above written. Motaty�Public for the State of Afizona Printed Name \ ; , ' ;,, , `, Residing at ` 1 i,f My Commission Expires is c35 ATTEST: CITE' CLERK s;g�� RCOPA co! ! Y +a i cS 10,14:11flym., In conjunction with the development and subsequent buildout of Starlingcertain offsite improvements may be necessary provide adequate service to the development as set forth below: The Grandview Lift Station will need to be upgraded when it reaches 80% of its capacity. Currently the Lift Station capacity is approximately 256 gpm. The City of Kalispell has in it's possession a pump that will increase the capacity of the lift station to 312 gpm. The peak hourly flow into the lift station was recently determined to be approximately 168 gpm. When the peak hourly flow into the lift station reaches 250 gpm or 80% of it's capacity an upgrade will be needed to accommodate additional growth. The Grandview Lift Station is identified on the City of Kalispell Capital Improvement Plan and therefore, the Developer is eligible to be reimbursed for expenses incurred by the upgrade through impact fees collected from the project area. It is also possible that the Grandview Lift Station may be upgraded by the City prior to reaching 80% of its capacity. With the upgrade of the Grandview Lift Station a portion of the Parkway Sewer may need to be upgraded between the intersection of Parkway and Northridge and the intersection of Parkway and Meridian to accommodate the additional flow.