Letter of Credit CorrespondenceCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997
Telephone (406) 758-7000 Fax - (406) 758-7758
November 24, 2010
Rod Lesse
West One Bank
PO Box 7758
Kalispell, MT 59904-0758
Re: Irrevocable Letter of Credit No. 116 $ 68,025.00
Irrevocable Letter of Credit No. 112 $ 31,600.00
Project: Empire Estates Phases 4 and 5
Dear Mr. Lesse
I am returning the above mentioned letters of credit per Mark Crowley in the Public Works
Department.
If you have any questions, please call me at 758-7750.
Sincerely,
Deb Deist
City Treasurer
cc Wayne E. Turner
3300 Hwy 2 West
Kalispell, MT 59901
C(apr
WEST ONE BANK
September 26, 2006
Irrevocable Letter of Credit No. 116
Wayne E. Turner
3300 Hwy 2 West
Kalispell, MT 59901
City of Kalispell
312 1st Ave E.
Kalispell, MT 59901
We hereby establish this irrevocable Letter of Credit in your favor for one or more
drawings up to United States, $68;025.00. 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 September 26, 2007.
Each draft so drawn must be marked "Drawn under West One Bank, 222 W. Idaho,
Kalispell, MT 59901, Letter of Credit Number #116 and accompanied by signed
statements of the Kalispell City Attorney that Wayne E. Turner has failed to honor his
contractual agreement with the City of Kalispell. This letter of credit shall reduce
proportionally with the storm sewer, boulevard trees and seeding, and the construction of
the bike path as it is completed on the Empire Estates Subdivision Phase V.
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,
Print Name: Rod Leese
Its: President
.121 222 W. IDAHO m P.O. BOX 7758 e KALISPELL, MT 59904-0758 Member
EOML LENDER TEL. 406-755-9751 FAX 406-755-9794 e www.westonebank.com FDIC
Est ! i
WEST ONE BANK
February 25, 2006
Irrevocable Letter of Credit No. 112
Wayne E. Turner
3300 Hwy 2 West
Kalispell, MT 59901
City of Kalispell
312 1st Ave E.
Kalispell, MT 59901
We hereby establish this irrevocable Letter of Credit in your favor for one or more
drawings up to United States, $31,600.00. 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 February 25, 2007.
Each draft so drawn must be marked "Drawn under West One Bank, 222 W. Idaho,
Kalispell, MT 59901, Letter of Credit Number #112 and accompanied by signed
statements of the Kalispell City Attorney that Wayne E. & Peggy B. Turner have failed to
honor their contractual agreement with the City of Kalispell. This letter of credit shall
reduce proportionally with the landscaping improvements completed on the Empire
Estates Subdivision Phase 4.
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,
Print Name: Rod Leese
Its: President
112t 222 W. IDAHO • P.O. BOX 7758 o KALISA LL; MT 59904-0758 Member
BEN' TEL. 406-755-9781 FAX 406-755-9794 s www.westonebank.com FDIC
)-b Deist
From:
Mark Crowley
Sent:
Friday, November 19, 2010 3:32 PM
To:
Deb Deist
Subject:
RE: Empire Estates Phases 4 & 5
Attachments:
image001.gif
Thanks. We never got it. Nor will we. It's just time for us to move on with our lives.
M
From: Deb Deist
Sent: Friday, November 19, 2010 2:58 PM
To: Mark Crowley
Subject: RE: Empire Estates Phases 4 & 5
There is a letter in the Phase 5 folder dated July 8th regarding a maintenance bond. I can find nothing on that
maintenance bond. Don't know if we ever got it. Looked in the system to see if it ran through the books and didn't see
it there either.
From: Mark Crowley
Sent: Friday, November 19, 2010 2:26 PM
To: Deb Deist
Subject: Empire Estates Phases 4 & 5
Deb,
Please return any security held on Empire Estates Phases 4 and 5 to the bank.
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 rechtmaOge Empfanger sind, clarfen 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.
From: Mark Crowley
Sent: Friday, November 19, 2010 2:26 PM
To: Deb Deist
Subject: Empire Estates Phases 4 & 5
9M
Please return any security held on Empire Estates Phases 4 and 5 to the bank.
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 rechtmafRige Empfanger sind, dorfen Sie den Inhalt weder kopieren,
verbreiten noch benutzen. Sollten Sie these E-Mail versehentlich erhalten haben, senden Sie sie bitte an uns zuruck and
loschen sie anschlieflend.
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 destinataiio, 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.
City of Kalispell Public Works Department
PO Box 1997, Kalispell, MT 59903-1997 —Tel: (406)758-7720, Fax: (406)758-7831
Hubert Turner, President
Just Dirt, Ltd.
3300 US Highway 2 West
Kalispell, Montana 59901
Re: Empire Estates Subdivision — Phase 5
July 8, 2008
Dear Hubert:
The above mentioned subdivision was final platted on September 5, 2006. In accordance
with City of Kalispell Public Works Department Standards for Design and Construction,
the engineer of a subdivision development is required to certify that all city -owned
infrastructure is built in accordance with the approved plans and provide record drawings
(we currently have only the record drawings for the stormwater modifications). The
developer is required to provide a two-year, 20% maintenance bond that commences upon
the certification of the infrastructure. These items need to be submitted in order to release
the letter of credit that the City is currently holding.
Attached are the portions of the minutes from the pre -construction meeting held March 22,
2006. That meeting was attended by yourself and Patrick Farrington, as well as Frank
Castles and Susie Turner.
If I can be of any assistance, do not hesitate to call me.
Sincerely, />
Mark Crowley
Construction Manager
CC: Finance Department
West One Bank; Rod Leese, President; PO Box 7758; Kalispell, MT 59901
WMW Engineering; 50 West Second Street; Whitefish, Montana 59937
Empire1
Pre
_ Construction
,,',Meeting
b •g
1. • Ilr
i1 pm
Pre - Construction Checklist:
I. Pro 'de; i
J,-_
Construction Schedule (Bar Chart)
Shop Drawings for manholes and materials.
Haul Route (Map)�I G
Traffic Control Plan
f Insurance and Bonding
Attendants:
Frank Castles, City of Kalispell
Engineer
Owner
J
Contractor
Contractor has obtained and is familiar with City Standards and the Montana Public Works Standard
Specifications for design and construction.
2. Provide City with 20% Two -Year Maintenance Bond for all public infrastructure construction required by
subdivision or development prior to filing final plat (to be submitted with SIA).
3. Valves, hydrants; thrust blocks and water main fittings shall be inspected prior 4 backfilling.
4. The Public Works Departmnt (PWgis to be informed prior to operation of main line valves and
hydrants. Valves to be left in closed position after flushing or testing. The PWD staff will activate water
mains for general service after project completion. No other parties are authorized to activate these mains
without permission.
5. PWD staff shall be present for all disinfection, flushing and testing procedures. Please,provide at least 24
- ff
hours notice.l
5. Heavily chlorinatedwater maim shall flushed as soon as possible after the 24 hour disinfection period to
prevent damage to the interior of the pipe. Heavily chlorinated water shall not be discharged into the
sanitary sewer system. The contractor is responsible to dispose of this water in an environmentally
responsible manner.
6. The inspecting engineer shall provide the PWD with copies of their daily inspection re orts, preferably on a
current weekly basis.
7. Record drawings and daily inspection reports will be required before final acceptance.
g. Sewer mains will be inspected by PWD television camera prior to final acceptance.
9. Down stream manhole outlet shall be covered with a screen during construction to prevent debris from
entering sewer system.
G0Q Q�sr iL_C-7
City of Kalispell Public Works Department
PO Box 1997. Kalispell, NIT -59903-1997 - Tel: (406)7158-77-20. Fax: (406)758-7831
Hubert Turner, President
Just Dirt, Ltd.
3300 US Highway 2 West
Kalispell, Montana 59901
Re: Empire Estates Subdivision — Phase 5
July 8, 2008
Dear Hubert:
The above mentioned subdivision was final platted on September 5, 2006. In accordance
with City of Kalispell Public Works Department Standards for Design and Construction,
the engineer of a subdivision development is required to certify that all city -owned
infrastructure is built in accordance with the approved plans and provide record drawings
(we currently have only the record drawings for the stormwater modifications). The
developer is required to provide a two-year, 20% maintenance bond that commences upon
the certification of the infrastructure. These items need to be submitted in order to release
the letter of credit that the City is currently holding.
Attached are the portions of the minutes from the pre -construction meeting held March 22,
2006. That meeting was attended by yourself and Patrick Farrington, as well as Frank
Castles and Susie Turner.
If I can be of any assistance, do not hesitate to call me.
Sincerely,
;Mark Crowley
Construction Manager j
CC: Finance Department
West One Bank; Rod Leese, President; PO Box 7758; Kalispell, MT 59901
WMW Engineering; 50 West Second Street; Whitefish, Montana 59937
City p p of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
MEMORANDUM
October 13, 2006
To: Deb Deist, Treasurer
From: Frank Castles, P.E., Deputy Public Works Director/Assistant City Engineer
RE: Empire Estates, Phase 5
Attached is a copy of the request by the developer to reduce the amount of the
subdivision improvement financial security to $68,025. A cursory examination of the
referenced project was performed recently. We concur that the items remaining to be
constructed are as they appear in EXHIBIT B (dated 10/12/06).
The developer is providing a Letter of Credit from West One Bank. Please return any
prior letter of credit for the referenced project.
Cc w/o attachments:
Just Dirt LTD
3300 Highway 2 West
Kalispell, MT 59901
September 28, 2006
`rank Castles
City of Kalispell
Public Works
P. O. Box 1997
Kalispell, MT 59903
Re: SIA for Phase 5 of Empire Estates
Dear Frank,
Please find enclosed a letter from Paul Wells stating that all completed improvements on
Phase 5 of Empire Estates have been constructed in accordance with the approved plans.
1 would like to replace the SIA currently in place and the collateral reduced. Please find a
new SIA and collateral attached. Please review it at your convenience. If there you have
any questions or problems please call me at 261-0728.
Sincerely,
A�1�1 5 --1 �-' , ,
Hubert Turner
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
October 20, 2006
Ron Leese
West One Bank
P.O. BOX 7758
Kalispell, MT 59904-0758
Re: Letter of Credit No.114 $249,500.00
Empire Estates, Phase 5
Dear Mr. Leese,
The Public Works Department has instructed me to release Letter of Credit No.114 on
Empire Estates, Phase 5 in the amount of $249,500.00. It has been replaced by Letter of
Credit No. 116 in the amount of $68,025.00. I have enclosed the original Letter of Credit
No. 114.
If you have any questions, please call me at 758-7750.
Sincerely,
Deb Deist
City Treasurer
cc: Wayne E. Turner
3300 Highway 2 West
Kalispell, MT 59901
COPY
WEST ONE BANK
July 28, 2006
Irrevocable Letter of Credit No. 114
Wayne E. Turner
3300 Hwy 2 West
Kalispell, MT 59901
City of Kalispell
312 1"Ave E.
Kalispell, MT 59901
We hereby establish this irrevocable Letter of Credit in your favor for one or more
drawings up to United States, $249,500.00. 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 July 28, 2007.
Each draft so drawn must be marked "Drawn under West One Bank, 222 W. Idaho,
Kalispell, MT 59901, Letter of Credit Number #114 and accompanied by signed
statements of the Kalispell City Attorney that Wayne E. Turner has failed to honor his
contractual agreement with the City of Kalispell. This letter of credit shall reduce
proportionally with the road and landscaping as it is completed on the Empire Estates
Subdivision Phase V.
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 One
BY:
Print Name: Rod Leese
Its: President
C 222 W. IDAHO • PO. BOX 7758 • KALISPELL, MT 59904-0758 Member
LENDER TEL. 406-755-9781 • FAX 406-755-9794 • www.westonebank.com FDIC
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
March 3, 2006
To: Deb Deist, City Treasurer
From: Mark Crowley, Construction Manager
Re: Empire Estates Phase 4
The developer has requested a reduction of the amount of financial security to $31,600.00
for the referenced project. A recent examination of the referenced project was performed
with Hubert and Wayne Turner. Public Works City of Kalispell concurs that the items
remaining to be constructed are as they appear in Exhibit B (attached).
The developer is providing financial security in the above amount of $31,600.00.
Cc: with attachments
Planning Department
Parks & Recreation Department
w/o attachments
Hubert Turner
February 24, 2006
Frank Castles
City of Kalispell
Public Works
P. O. Box 1997
Kalispell, MT 59903
Re: SIA for Phases 4 of Empire Estates
Dear Frank,
Please find enclosed a new Subdivision improvements agreement for Empire Estates
phase 4 and the appropriate collateral. I would like to replace the current SIAs in place
on these phases with this one and have the old collateral released. Please review it at
your convenience. If there you have any questions or problems please call me at 261-
0728.
Sincerely,
Hubert Turner
WAYNE E OR PEGGY—E—T-U-RNER
HUBERT J TURNER
_ - 3300 HIGHWAY 2 YVVEST PH. 406-257-1682
=� y KALISPELL, MT 59901
to
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x
222 W. IDAHO
P.O. BOX 7758
KALISPELL, MT 59904
wEsronrEBANK 406-755-9781
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CITY OF KALISPELL
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RECEIPT QR120389 AlylOi( I
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PAYMENT REE:EIYED ?MOUNT
TOTAL E== 2Ga009
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