Subdivision Improvement Agreement41
Return to:
Theresa White
Kalispell City Clerk
201 l"Avenue East ii ff 200900011171
Kalispell, MT 59901 I (� I� I� 1111 IN Fpage: I of 4
ees: $28.00
Paula Robinson, Flathead County MT by NC 4/21/2009 4:40 PM
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THIS AGREEMENT, made and entered into this 1A M day of � , 20 1? , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and FLATHEAD COUNTY, a Public Government entity located at
800 South Main Street, Kalispell, MT 59901, Party of the Second Part and hereinafter referred to as
DEVELOPER.
C�iilY►1 D�.'7.9TII 1
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Timberwolf Center Phase 1 B, (Name of Subdivision) located at 625 Timberwolf Parkway and,
WHEREAS, the City has conditioned it's approval of the final plat of Timberwolf Center, Phase 113,
upon the conditions as set forth 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 $145,750.
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, in the amount of $145,750. 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 $145,750 the estimated cost of completing the
required improvements in Timberwolf Center Phase 1B.
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
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Paula Robinson, Flathead County MT by NC 4/21/2009 4:40 PM
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 June 30, 2010.
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 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.
Flathead County
(Name of Subdivision/Developer/Firm)
byP
(Name) (Title)
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Paula Robinson, Flathead County MT by NC 4/21/2009 4:40 PM
STATE OF MONTANA
COUNTY OF FLATHEAD
On this J, -Yj day of M06h _, 20--Q—q—, before me, a Notary Public for the State
of Montana, personally appeared L11 UjnaA , known to me to be the
of whose name is subscribed to
the foregoing g instrument and acknowledged to me that he/she executed the same.
zn —
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
Feu K¢F DIANA KILE
Notary Public foX the State of Montana NOTAFly PUBLIC-MONTANA
Residing , C;,I,mNa Falls, M011lana
Printed Na b1,0110
Residing at "N UrAhia. rak �OA my Comm. Expires August 27* 2012
My Commission Expires 'Iola
MAYOR, CITY OF KAL S LL ATTEST-
/01
M*YeR e_0V1VC1L P4C-, IPF,0 7- CITY CLERK
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4/21/2009 4:40 PM
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 GradimOaving
X
6/30/2010
$ 38,000
0
Street Base
X
6/30/2010
$ 26,400
0
Sidewalks
X
6/30/2010
$ 5,100
0
Curbs and Gutters
X
6/30/2010
$ 7,000
0
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
Other ( )
X 6/30/2010
X 6/30/2010
X 6/30/2010
X 6/30/2010
$14,000
$ 5,000
$ 7,500
$ 3,000
SUBTOTAL $106,000
FEES $ 10.600
TOTALS COSTS $116,600
TOTAL COLLATERAL (TOTALS COSTS X 125%) $145,750
0
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