SIA (Recorded)Return to:
Theresa White
N. N.
Kalispell City Clerk
P.O. Box 1997
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p Kalispell, Montana 59903
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APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
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THIS AGREEMENT, made and entered into this _ `J day of
2006, by and between the CITY COUNCIL, CITY OF
KALISFELL, MONTANA, Flathead County, Montana, Party of the First Part and
nl hereinafter referred to as the CITY, and Gardner Investments, LLC, of P.O. Box
t4 958, Kalispell, Montana , 59903, Party of the Second Part and hereinafter referred
to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner of a new subdivision known as
"TERRACE VIEW ESTATES", located in Section 8, T28N, R21W, PM,M, Flathead
County and,
WHEREAS, the city has conditioned it's approval of the final plat of
"TERRACE VIEW ESTATES", upon the conditions as set forth "TERRACE VIEW
ESTATES" 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 or the contractor included herewith as "Exhibit B", and
WHEREAS, the estimated total cost of construction of said improvements is
the sum of $3,800.00.
NOW THEREFORE, in consideration of the approval of the final plat of said
Subdivision by the City, the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or
other acceptable collateral as determined by the City Council, City of Kalispell,
Montana, in the amount of $3,800.00. 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 $4,750.00, the estimated
cost of completing the required improvements in "TERRACE VIEW ESTATES".
b. That if the Developer fails to complete the specified improvements within
the required period, the creditor will pay 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 OCTOBER 31,
2007.
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 one (1) year 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 have 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 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.
TERRACE VIEW ESTATES
GARDNER INVESTMENTS, LLC
SS
COUNTY OF Flathead )
On this day of_ 2006, before me, a Notary Public for the
State of Montana, personally ppeared Darvar Gardner and known to me to be a
member of Gardner Investments, LLC and whose name is subscribed to the
foregoing instrument and acknowledged to me that he executed the same for said
LLC.
IN WITNESS WHEREOF, I hav tin o hand and affixed my Notarial
S9,91,the day and year first above�en.
n ru L �
BEAL
yNoary
s H Burton
Public for the State of Monting at Kalispell, Montana le D
My Commission Expires 6/18/2007
MAYOR, CITY OF KALISPELL ATTEST:
—--------- — — -- — --- -----------------------------
AYOR CITY CLERK
II .
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
Street Base
Sidewalks V-1 to (3([D7 A, P. (00
00 77• q Yo
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping/Boulevard trees
J
'Trap �.�+ i �t a,n c�CP
Other (X) iM# s'` ct (i Pier e tore ta�3��o7 /1%t� p o
CZ.c,ras5 S ,r6c+ '¢m SUBTOTAL
�. FEES
TOTALS COST93TOO.00
TOTAL COLLATERAL (TOTALS COSTS X 125%) Scf