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Letter of Credit CorrespondenceCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7000 Fax - (406) 758-7758 November 12, 2010 West One Bank Rod Leese Box 7758 Kalispell, MT 59904 Re: Irrevocable Letter of Credit No. 139 $ 6,250.00 Legends Court Dear Mr. Leese, I am returning the above mentioned letters of credit per Mark Crowley of the Public Works Department. The required improvements are complete and the record drawings submitted. If you have any questions, please call me at 758-7750. Sincerely, Deb Deist City Treasurer cc Tracy Gardner PO Box 2854 Kalispell, MT 59903 July 28, 2010 WEST ONE BANK Irrevocable Letter of Credit No. I39 Tracy A. Gardner PO Box 2854 Kalispell, MT 59903E City of Kalispell PO Box 1997 Kalispell, MT 59904 We hereby establish this irrevocable Letter of Credit in your favor for one or more drawings up to United States, $6,250.00. This Letter of Credit is payable at the West One Bank office at 2604 Hwy 2 East, Kalispell, MT 59901, and expires with our close of business on December 31, 2010. Each draft so drawn must be marked "Drawn under West One Bank, 2604 Hwy 2 East, Kalispell, MT 59901, Letter of Credit #139 and accompanied by signed statements of the Kalispell City Attorney that Tracy A. Gardner has failed to honor his contractual agreement with the City of Kalispell. This letter of credit shall reduce proportionally with the storm drainage plan as it is completed on Legends Court, Kalispell, MT. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored if drawn and presented for payment to our office, West One Bank, 222 W. Idaho, Kalispell, MT 59901. West One Bank is insured by the FDIC under Certificate #57534. Sincerely, Print Name: Rod Leese Its: President 222 W. IDAHO BOX 7758 EVERGREEN BRANCH KALISPELL, MT 59904 2604 HWY 2 EAST Member 112t EQUAL "ON TEL. 406-755-9781 • FAX 406-755-9794. , TEL. 406-752-9998 • FAX 406-755-2715 LENDER www.westonebank.com FDIC Deb Deist From: Mark Crowley Sent: Friday, November 12, 2010 10:36 AM To: Deb Deist Subject: Legends Court subdivision Attachments: image001.gif Deb, The developer of Legends Court has completed the required improvements and submitted the record drawings. The Public Works Department requests that you return the letter of credit to the developer, Tracy Gardner. Thanks for your help. Mark Crowley Construction Manager Public Works Department City of Kalispell Mobile: 249-2485 This E-Mail is confidential. If you are not the intended recipient, you must not copy, disclose or use its contents. If you have received it in error, please inform us immediately by return E-Mail and delete the document. Diese E-Mail ist vertraulich. Wenn Sie nicht der rechtmagige Empfanger sind, darfen Sie den Inhalt weder kopieren, verbreiten noch benutzen. Sollten Sie these E-Mail versehentlich erhalten haben, senden Sie sie bitte an uns zuriack and loschen sie anschlieRend. Cet e-mail est confidentiel. Si vous n'etes pas le destinataire de ce message, vous ne devez pas copier, divulguer ou utiliser le contenu. Si vous avez recu cet e-mail par erreur, veuillez nous informer en retournant ce message a 1'expediteur et detruisez-le. Esta mensagem, a qualquer de seus anexos, eh confidencial a privilegiada. Caso voce nao seja o destinatario, nao esta autorizado a reproduzir ou divulgar a terceiros o conteudo desta mensagem a de qualquer anexo da mesma a deve apagar com os seus respectivos anexos. July 26, 2010 Tracy Gardner P. 0. Box 2854 Kalispell, MT 59903 Re: Legends Court subdivision West One Bank Irrevocable Letter of Credit #139 Dear Mr. Gardner; As I discussed on the telephone message today, the letter of credit that the City of Kalispell holds for the improvements at Legends Court is approaching the expiration date of August 1, 2010. As the deadline is fast approaching and the work is not yet begun, time is of the essence. Please provide an extended Letter of Credit to the City of Kalispell no later than Thursday, July 29, 2010. Should the replacement Letter not be received by the close of business July 29, 2010, the City of Kalispell will submit a claim to the financial institution. As discussed October 23, 2009 at the site, record drawings will be required from your engineer. Should you have any questions, do not hesitate to call. Cordial) , Mark Crowley Construction Manager Cc: West One Bank; P. 0. Box 7758; Kalispell, MT 59904 Planning Department Finance Department A2Z Engineering; 115 Commons Way, Suite 201; Kalispell, MT 59901 201 1"Avenue East, P.O. Box 1997, Kalispel4 MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kalispelL com To: Deb Deist, Treasurer From: Mark Crowley, Construction Manager Re: Legends Court subdivision at 1224 Fourth Avenue West Date: April 7, 2010 Deb, The subdivider has proposed to extend the letter of credit associated with his SIA for Legends Court subdivision. The Public Works Department approves of this extension based upon the understanding that the stormwater work will be completed September 30, 2010 and the record drawings will be submitted to this department by October 31, 2010. The original letter of credit (West One Bank Letter of Credit #131, expired 8/1/10) for the subdivision improvements agreement for Legends Court subdivision was returned to Tracy Gardner on Friday. Cc: Tracy Gardner P. O. Box 2854 Kalispell, MT 59903 201 I ` Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kalispell.com April 6, 2010 WEST ONE BANK Irrevocable Letter of Credit No. 139 Tracy A. Gardner PO Box 2854 Kalispell, MT 59903 City of Kalispell PO Box 1997 Kalispell, MT 59904 We hereby establish this irrevocable Letter of Credit in your favor for one or more drawings up to United States, $6,250.00. This Letter of Credit is payable at the West One Bank office at 2604 Hwy 2 East, Kalispell, MT 59901, and expires with our close of business on August 1, 2010. Each draft so drawn must be marked "Drawn under West One Bank, 2604 Hwy 2 East, Kalispell, MT 59901, Letter of Credit #139 and accompanied by signed statements of the Kalispell City Attorney that Tracy A. Gardner has failed to honor his contractual agreement with the City of Kalispell. This letter of credit shall reduce proportionally with the storm drainage plan as it is completed on Legends Court, Kalispell, MT. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored if drawn and presented for payment to our office, West One Bank, 222 W. Idaho, Kalispell, MT 59901. West One Bank is insured by the FDIC under Certificate #57534. Sincerely, Wes M--��- BY: Print Name: Rod Leese Its: President 222 W. IDAHO BOX 7758 EVERGREEN BRANCH KALISPELL, MT 59904 2604 HWY 2 EAST Member f2TEL. 406-755-9781 ^ FAX 406-755-9794 TEL. 406-752-9998 • FAX 406-755-2715 EQUAL, FDIC LENDER WWW.Westonebank.com City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7000 Fax - (406) 758-7758 April 8, 2010 Rod Leese West One Bank 222 W.Idaho Kalispell, MT 59901 Re: Irrevocable Letter of Credit No. 131 $ 15,084.00 Project: Legends Court Subdivision, 1224 Fourth Ave West Dear Mr. Lesse, I am returning the above mentioned letters of credit per Mark Crowley in the Public Works Department. The letter has expired and been replaced by Letter of Credit No. 139 in the amount of $6,250.00. If you have any questions, please call me at 758-7750. Sincerely, Deb Deist City Treasurer cc Tracy Gardner PO Box 2854 Kalispell, MT 59903 To: Deb Deist, Treasurer From: Mark Crowley, Construction Managero/,-. Re: Legends Court subdivision Date: April 7, 2010 Deb, The subdivider has proposed to reduce and extend the letter of credit associated with his SIA for Legends Court subdivision. The Public Works Department approves. Legends Court subdivision is located at 1224 Fourth Avenue West. Please return the original letter of credit (West One Bank Letter of Credit #131, expires 4/7/10) for the subdivision improvements agreement for Legends Court subdivision to: Tracy Gardner P. 0. Box 2854 Kalispell, MT 59903 2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758- 7720 — Fax (406) 758- 7831 www.kalispell.com WEST ONE BANK September 23, 2008 Irrevocable Letter of Credit No. 131 Tracy A Gardner PO Box 2854 Kalispell, MT 59903 City of Kalispell P.O. Box 1997 Kalispell, MT 59904 C OP� We hereby establish this irrevocable Letter of Credit in your favor for one or more drawings up to United States, $15,084.00. This Letter of Credit is payable at the West One Bank office at 222 W. Idaho, Kalispell, MT 59901, and expires with our close of business on April 7, 2010. Each draft so drawn must be marked"Drawn under West One Bank, 222 W. Idaho, Kalispell, MT 59901, Letter of Credit Number #131 and accompanied by signed statements of the Kalispell City Attorney that TracyA. Gardner has failed to honor his contractual agreement with the City of Kalispell. This letter of credit shall reduce proportionally with the paving, sidewalks, and boulevard landscaping as they are completed on Legends Court, Kalispell, MT. We hereby agree with you that all drafts drawn under and in compliance with the terms of this credit will be duly honored if drawn and presented for payment to our office, West One Bank, 222 W. Idaho, Kalispell, MT 59901. Sincerely, West • i n��=�* 1� '? I: Print Name: Rod Leese Its: President 222 W. IDAHO BOX 7758 EVERGREEN BRANCH KALISPELL, MT 59904 2604 HWY 2 EAST Member f2r TEL. 406-755-9781 • FAX 406-755-9794 TEL. 406-752-9998 • FAX 406-755-2715 EOM FOAM LENDER www.westonebank.com FDIC March 19, 2010 Tracy Gardner P. 0. Box 2854 Kalispell, MT 59903 Re: Legends Court subdivision Dear Mr. Gardner; As we discussed on the telephone yesterday, the letter of credit that the City of Kalispell holds for the improvements at Legends Court is approaching the expiration date of April 7, 2010. All required improvements must be completed by April 1, 2010. Should the improvements not be completed by the close of business April 1, 2010, the City of Kalispell will submit a claim to the financial institution. As discussed October 23, 2009 at the site, record drawings will be required from your engineer. As the revised completion date is very close to the expiration date, time is of the essence. Please provide a proposal to address the record drawings prior to the expiration of the letter of credit. The subdivision improvements agreement indicated that all required improvements would be installed by October 31, 2009. As Developer, you need to complete the required improvements prior to the expiration of the letter of credit. Should you have any questions, do not hesitate to call. Cordially Mark Crowley Construction Manager Cc: Planning Department Finance Department A2Z Engineering; 115 Commons Way, Suite 201; Kalispell, MT 59901 Jeremy Selders, IS Construction; P. 0. Box 5129; Kalispell, MT 59904 West One Bank; Attn: Rod Leese; Box 7758; Kalispell, MT 59904 (Re: LoC #131) 201]Avenue Eas4 P.O. Box 1997, KaUspel4 MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kaUspelLcom September 22, 2009 Tracy Gardner P. 0. Box 2854 Kalispell, MT 59903 Re: Legends Court subdivision Dear Mr. Gardner; At your request, I have reviewed the file to determine if the City of Kalispell is able to release the letter of credit attached to the subdivision. The stormwater detention system designed by your consultant, A2Z Engineering, has not been installed. I raised this issue in a telephone conversation with you on June 18, 2009 and you indicated you would speak with the builder to determine who would be installing the required infrastructure. To date, the system has not been installed. The subdivision improvements agreement indicates that all required improvements will be installed by October 31, 2009. As Developer, you need to complete the required improvements prior to the release of the letter of credit. Should you have any questions, do not hesitate to call. Cordially Mark Crowley Construction Manager Cc: Planning Department Finance Department A2Z Engineering; 115 Commons Way, Suite 201; Kalispell, MT 59901 Jeremy Selders, IS Construction; P. 0. Box 5129; Kalispell, MT 59904 West One Bank; Attn: Rod Leese; Box 7758; Kalispell, MT 59904 (Re: LoC #131) 201 1' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 www.kalispell.corn