SIA Phase 11 (Recorded)I
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGE NT, made and entered into this k day of -j , 2002,
by and between CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and
hereinafter referred to as the CITY, and OWENS VENTURES, Party of the Second Part and
hereinafter referred to as DEVELOPER.
TNESSET:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Glacier Village Greens Phase XI, located in Kalispell, Montana in the SW 1/4 NE 1/4 and NW 1/4 SE
1/4 of Section 32, Township 29N, Range 21 W, Flathead County, Montana; and,
WHEREAS, the City has conditioned its approval of the final plat of Glacier Village Greens
Phase XI upon the conditions as set forth in the Preliminary Plat of the Subdivision being
r) completed and all improvements, as cited in "Exhibit A", have not been completed at this time, and
r% the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A";
and,
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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 professional engineer included herewith as
"Exhibit B"; and,
WHEREAS, the estimated total cost of construction of said remaining improvements is the
sum of $33,415, the required additional 25% of the estimated total cost of construction is $8,354,
and the total amount of the required financial security is $41,769.
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 $41,769. 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 $41,769, which represents 125% of
the estimated cost of completing the required improvements in Glacier Village Greens
Phase XI.
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
limit of credit stated in the Letter of Credit;
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2. That said required improvements shall be fully completed by October 31, 2002.
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 plans and specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWJ
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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
plans and 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 plans and specifications, or
within the required time limit(s), it may withdraw the collateral and employ such funds as may be
necessary to construct the improvement(s) in accordance with the plans and specifications. The
unused portions of the collateral shall be returned to the Developer or the crediting institution, as is
appropriate.
That as improvements are completed, the Developer may apply to the City for a release of part
of the collateral deposited with the City. The proportion of the collateral released may not exceed
the proportion which the improvements completed represent of all originally required
improvements; otherwise, said Letter of Credit may not be withdrawn until released by the City.
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That this agreement shall inure to the benefit of and be binding upon any successors in interest,
heirs, or assignees.
t.-/arver hngineering, Inc.
AF Consulting Engineers
Civil
June 4, 2002 Structural
Environmental
Narda Wilson
Tri-City Planning Office
Kalispell, MT
Subject: Glacier Village Greens Phase XI
Status of Improvements
Dear Narda:
Please accept this letter as evidence that the public infrastructure improvements required for
Phase XI of Glacier Village Greens in the conditions of the Preliminary play approval have
been installed except for those items listed in the Subdivision Improvements Agreements.
Please let me know if you require additional information.
Sincerely,
IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and
seals the day and year herein before written.
DEVELOPER:
Owens Ventures
Glacier Village Greens Phase XI
/- -C —
(Title)
On this day of J1. a P , 2002, before me, a Notary Public for the
State of Montana, personally appeared , 6. Owens known to me to be
the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and
year first above written.
Notary Pubt c for the State of Montana
Residing at ,),
My Commission Expires n 3
This agreement is hereby approved and accepted by the City of Kalispell this 1A; .-nb, -0-"
i t �j C 12002.
COPO
MAYOR, CITY OF KALISPELL ATTEST:'a:°
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By: ��VL' By:
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} _ STATE OF MONTANA }
County of Flathead 55 , r
J 2ecorded at the request of _ __------ this __y day of ° b
'clock and recorded n e record of Flathead County, State of M, a.
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PLAT" 26i 1-Y