Subdivision Improvement Agreement/Violence Free Crisis CenterPage 26 - Appendix
APPENDIX
SUBDIVISION IMPROVEMENT
AGREEMENT
Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
THIS AGREEMENT, made and entered into this (, ze '0- day of , 201L , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
(Name of Developer)
(Individual, Company or Corporation)
located atc
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
11ATJ I gel D MyDUN
T WHEREAS, the Developer is the owner and developer of a new subdivision known as
f t` lvkvlc;i? (. -, t `` (Name of Subdivision)
located at k c) llr} JC V v e-vlt C
(Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of
I i "7 , upon the conditions as set forth (Name
of Subdivisio' n) 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
-i 1, e-f 9 0.14
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
Subdivision Improvement Agreement Appendix E — Page 27
1. 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 $ 4411 . 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:
a. That the creditor guarantees funds in the sum of $ ''I t `� �i '�$ the estimated cost of
completing the required improvements inc. f ( -;; i
(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 U - , 20 .
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 two (2) years 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.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, 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
Page 28 - Appendix
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.
(Name of/Subdivision/Developer/Firm)
by
(Title)
STATE OF MONTANA
COUNTY OF 7 IH6fi - GO
On this day of r ' ' , 20 � , , before me, a Notary Public for the State
of Montana, personally appeared if-, j , known to me to be the
1�cy 11 of j) .- , 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 my Notarial Seal this day and year
first above written.
Notary Public for the State of Montana
Printed Name Alt ("CVX 14. -V 6tW
Residing at ` - r (-1 Ypr�
My Commission Expires f 0 ` r - 01 J
CITY OF KALISPELL ATTES
F
CITY CLERK
MAy�
A ''<F�so
MICHELLE M ANDERSON
NOTARY PUBLIC for the
SEAL
State of Montana
Residing at Kalispell, MT
MY
�OF,A64�SPap
Commission Expires
October 26, 2011
Subdivision Improvement Agreement Appendix E — Page 29
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion date and estimated
construction costs.
CHECK
CONSTRUCTION
ESTIMATED PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION COMPLETE
IMPROVEMENTS
DATE
COSTS
Street Grading/Paving�'
<C 5 i;� ti�
d i �'tt�54
'� "
Street Base
Sidewalks
Curbs and Guttersj;
S G
Sanitary Sewers
Mains
Other ( )
On -Site Sewage IV(! .%i
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
kI A
Water Storage Tanks
jl % 4.
, G
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
IV
Survey Monument Boxes
/VA
Landscaping/Boulevard trees
Other ( ), ,4� 11PL ff&X i
77pi�s t f%V,!�4
i
SUBTOTAL'
FEES --
TOTALS COSTS
TOTAL COLLATERAL (TOTALS COSTS X 125%)
Lots I through 7 as shown on the final plat of the resubdivision of Lot 1 of Minor Subdivision
Plat Number 117 located in the NE 114 of the NW I/a of Section 19, Township 28 North, Range
21 West, Flathead County, Montana.