SIA (Recorded)Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
200800019410
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Paula Robinson, Flathead County MT by NC
7/10/2008 10:42 AM
THIS AGREEMENT, made and entered into this I z day of , 20 D , , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, arty of the First Part and
hereinafter referred to as the CITY, and
c�`C��cs P- r, 1 (Name of
Developer)
a
(Individual, Company or Corporation)
located at 0- C1ei Py�f,
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
c -Q- (Name of
Subdivision)
located at Ll. ,
(Location of Subdivision)
and,
HEREAS, the City has conditioned it's approval of the final plat of
i"yi 2g , upon the conditions as set forth (Name
Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements,
cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the
repletion of those improvements set forth in "Exhibit A"; and
EAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
of 125% of the estimated total cost of construction of said improvements as evidenced by an
prepared by a licensed public engineer included herewith as "Exhibit B"; and
estimated total cost of construction of said improvements is the sum of
)W THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
Developer hereby agrees as follows:
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Paula Robinson, Flathead County MT by NC 7/10/2008 10:42 AM
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 $ 59 ; &r)O . 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 $ F(011 () the estimated cost of
completing the required improvements in-7Ye-c-ol; I D: ew5,
(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
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 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.
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Paula Robinson, Flathead County MT by NC 7/10/2008 10:42 AM
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.
(Name _ of S bdivisio De loper/Fi )
by
(Title)
STATE OF MONTANA
COUNTY OF
On this day of 20 , before me, a Notary Public for the State
of Montana, personally appeared ' �_ t known to me to be the
-� of _ a,"��;:;-.. 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
i bove)written.
of
Printed Name° ,
Residing at / t
My Commission
CITY OF KALISP L
d
0
Notary Public For The
State Of Montana
Residing at Olney, Montana,
My Commission Expires
February, 15, 2012
ATTEST:
a�.�
-OTY CLERK
� tSEALA I
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Paula Robinson, Flathead County MT by NC 7/10/2008 10:42 AM
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 /tA
Curbs and Gutters
Sanitary Sewers ikx; IL
Mains
Other � l
EDO
On -Site Sewage
Facilities
Water Systems V4
Mains
Other ( ) 6 liz 2 u i c CLS) C>
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
C�'C —
Drainage Facilities
Street Signs
Street Lightingl
Street Monuments
Survey Monument Boxes ik
Landscaping/Boulevard trees
Other ( )
SUBTOTALS ,
FEES
TOTALS COSTS
� � -• TOTAL COLLATERAL TOTALS COSTS X 125 /o