CorrespondenceSeptember 25, 2009
Glacier Bank
Peter J. Davis
PO Box 27
Kalispell, MT 59903
Re: Irrevocable Letter of Credit No. 1-05-261 $ 15,000.00
Dear Mr. Davis,
I am returning the above mentioned letter of credit for a maintenance bond per Mark
Crowley of the Public Works Department.
If you have any questions, please call me at 758-7750.
Sincerely,
Deb Deist
City Treasurer
cc Mr. Ronald Barnes
#10 1, 15 0 Country Hills Landing NW
Calgary, Canada AB T3K 5P3
GLACIER
0 BANK
PO Box 27, Kalispell, MT 59903
(406) 756-4272 fax (406) 756-4204
August 12, 2005
City of Kalispell
3 12 1 " Ave. E.
Kalispell, MT 59901
RE; Ronald Barnes.
Irrevocable Letter of Credit No. 1-05-261
Amount: $15,000.00
Expiration Date: August 12, 2006
Glacier Bank has established an Irrevocable Letter of Credit in your favor at the request
of and for the account of Ronald Barnes, #101, 150 Country Hills Landing NW, Calgary,
A-B T3K 5P3, up to the aggregate amount of FIFTEEN THOUSAND AND 00/100 US
DOLLARS ($15,000.00), to provide a maintenance bond to cover infrastructure in the
Westview Business Center.
If Ronald Barnes fails to complete the specified improvements in the Westview Business
Center within thirty days of written notice from the City of Kalispell, we will pay on
demand your draft or drafts for su s, to the limit of credit set forth herein, as are
required to complete said improv e t drafts must indicate the number and date of
this Letter of Credit and be accomiqpai r,by,)AsVgIqed statement of an authorized official
that the amount is drawn to instal
Irnprovements Agreement and specifying thi�'defau�t�o,�rdefect in question.
Said funds are available by presentation of your sight draft(s), which clearly specifies the
number of this Letter of Credit and shall be presented at the office of Glacier Bank, 202
Main Street, Kalispell, MT 59901. All drafts must be presented prior to the expiration
date stated above, and this Letter of Credit must accompany the final draft for payment.
Draft(s) drawn in conformity with the conditions of the credit will be honored by us if
presented at our office on or before August 12, 2006.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
website: www.glacierbank.com 0 email: glacier@glacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY LENDER
City of Kalispell
August 12, 2005
Page 2
Unless otherwise expressly stated, this Letter of Credit is subject to the Montana Uniform
Commercial Code and the Uniform Custom and Practice for the Documentary Credits
(1993 Revision) International Chamber of Commerce Document No. 5 00.
Sincerely,
Peter J. Davis
Vice President
PJD/dJb
To: Deb Deist, Treasurer
From: Mark Crowley, Construction Manager
Re: Westview Business Center subdivision
Date: September 25, 2009
Dear Deb,
Please return the letter of credit (Glacier Bank Letter of Credit #1-05-249, expired
8/12/06) for the subdivision improvements agreement for Westview Business Center
subdivision to: Ronald Barnes
150 Country Hills Landing NW
Calgary, Alberta
CANADA TY 5P3
2011' Avenue East, P. 0. Box 1997, Kalispell, MT 59903 —Phone (406) 758- 7720 — Fax (406) 758- 7831
www.katispell.com
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
December 13, 2005
Glacier Bank
Attention: Mr. Peter J. Davis
Vice President
P.O. Box 27
Kalispell, MT 59903
Re: Ronald Barnes, Westview Business District
Letter of Credit
Dear Mr. Davis,
Enclosed Glacier Bank Letter of Credit in the amount of $ 60,000-00, which has been
replaced Glacier Bank Letter of Credit in the amount of $ 15,000.00 for the above
referenced business center.
Sincerely,
(?a'te-e lx� 42-1712—
Carol L.Kostman
Treasurer
Enclosure:
cc: Mr. Ronald Bames
#10 1, 150 Country Hills Landing NW
Calgary, Canada AB T3K 5P3
Theresa White, City Clerk
GLACIER
-ABANK
PO Box 27, Kalispell, MT 59903
(406) 756-4272 fax (406) 756-4204
February 17, 2005
City of Kalispell
312 1 "Ave. E.
Kalispell, MT 59901
RE; Ronald Barnes.
Irrevocable Letter of Credit No. 1-05-249
Amount: $60,000.00
Expiration Date: February 17, 2006
Glacier Bank has established an Irrevocable Letter of Credit in your favor at the request
of and for the account of Ronald B ames, # 10 1, 15 0 Country Hills Landing NW, Calgary,
AB T3K 5P3, up to the aggregate amount of SIXTY THOUSAND AND 00/100 US
DOLLARS ($60,000.00), to cover paving in the Westview Business Center.
If Ronald Barnes fails to complete the specified improvements in the Westview Business
Center within the time period set forth in the attached Improvements Agreement, we will
pay on demand your draft or drafts for such ftinds, to the limit of credit set forth herein,
as are required to complete said improvements. All drafts must indicate the number and
date of this Letter of Credit and be accompanied by a signed statement of an authorized
official that the amount is drawn to install improvements not installed in conformance
with the Improvements Agreement and specifying the default or defect in question.
Said funds are available by presentation of your sight draft(s), which clearly specifies the
number of this Letter of Credit and shall be presented at the office of Glacier Bank, 202
Main Street, Kalispell, MT 59901. All drafts must be presented prior to the expiration
date stated above, and this Letter of Credit must accompany the final draft for payment.
Draft(s) drawn in conformity with the conditions of the credit will be honored by us if
presented at our office on or before February 17, 2006.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
website: www.glacierbank.com 0 email: glacier@glacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY LENDER
City of Kalispell
February 17, 2005
Page 2
Unless otherwise expressly stated, this Letter of Credit is subject to the Montana Uniform
Commercial Code and the Uniforra Custom and Practice for the Documentary Credits
(1993 Revision) International Chamber of Commerce Document No. 5 00.
Sincerely,
40" / 0 GII—S--
Peter J. Davis
Vice President
PJD/djb
City of Kalispell Public Works Department
1997 - Telephone (406)758-7720, Fax (406)758 -783 1
Post Office Box 1997, Kalispell., Montana 59903
MEMORANDUM
August 15, 2005
To: Carol Kostman, Treasurer
From: Frank Castles, P.E., Assistant City Engineer
RE: Westview Business Center Subdivision
Attached is an Irrevocable Letter of Credit in the amount of $15,000.00, which is 10%
of the original city infrastructure cost. This is the maintenance bond as required by the
Standards under which the project was constructed.
Please return the original letter of credit to Glacier Bank.
Cc w/o attachments:
Bill Boger, PE.
TD & H Engineering Consultants
Narda Wilson — Kalispell Planning Office
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PO Box 27, Kalispell, MT 59903
(406) 756-4272 fax (406) 756-4204
August 12, 2005
City of Kalispell
312 1 "Ave. E.
Kalispell, MT 59901
RE; Ronald Barnes.
Irrevocable Letter of Credit No. 1-05-261
Amount: $15,000.00
Expiration Date: August 12, 2006
Glacier Bank has established an Irrevocable Letter of Credit in your favor at the request
of and for the account of Ronald Barnes, #101, 150 Country Hills Landing NW, Calgary,
AB T3K 5P3, up to the aggregate amount of FIFTEEN THOUSAND AND 00/ 100 US
DOLLARS ($15,000.00), to provide a maintenance bond to cover infrastructure in the
Westview Business Center.
If Ronald Barnes fails to complete the specified improvements in the Westview Business
Center within thirty days of written notice from the City of Kalispell, we will pay on
demand your draft or drafts for such funds, to the limit of credit set forth herein, as are
required to complete said improvements. All drafts must indicate the number and date of
this Letter of Credit and be accompanied by a signed statement of an authorized official
that the amount is drawn to install improvements not installed in conformance with the
Improvements Agreement and specifying the default or defect in question.
Said funds are available by presentation of your sight draft(s), which clearly specifies the
number of this Letter of Credit and shall be presented at the office of Glacier Bank, 202
Main Street, Kalispell, MT 59901. All drafts must be presented prior to the expiration
date stated above, and this Letter of Credit must accompany the final draft for payment.
Draft(s) drawn in confon-nity with the conditions of the credit will be honored by us if
presented at our office on or before August 12, 2006.
This letter may not be withdrawn or reduced in any amount prior to its expiration date
except by your draft or written release.
website: www.glacierbank.com 0 email: glacier@glacierbank.com
MEMBER FDIC AN EQUAL OPPORTUNITY LENDER
City of Kalispell
August 12, 2005
Page 2
Unless otherwise expressly stated, this Letter of Credit is subject to the Montana Unifonn
Commercial Code and the Uniform Custom and Practice for the Documentary Credits
(1993 Revision) International Chamber of Commerce Document No. 5 00.
Sincerely,
Peter J. Davi
Vice President
PJD/dJb
City of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
May 17, 2005
Ronald Barnes
#101, 150 Country Hills Landing NW
Calgary, Alberta Canada T3K5P3
Dear Mr. Barnes:
The Kalispell City Council, at its regular meeting last evening, approved the final plat
and the Subdivision Improvement Agreement for Westview Business Center. Enclosed is
a copy of the agreement.
Please contact me if you have any questions.
Sincerely,
Theresa White
City Clerk
Cc: Thomas, Dean & Hoskins, Inc., 690 North Meridian, Suite 101, Kalispell, MT
59901
Narda Wilson, TCPO, 17 2nd Street East, Suite 211, Kalispell, MT 59901
611" 113 11 MA W [111 1� 11i i �� 11� �� i 11 rir :1111 � ii l�� �� i :11 �� M4 "151013 1 011a a
TMS AGREEMENT, made and entered into this 1,6�tday of AAV
2005, by and between the City of Kalispell, Party of the First Part anld hereinafter referr6d to aAe CITY,
and Ronald Barnes (Developer) an Individual located at 150 Coupty Hills Landing NW, #101 Cql a
Alberta Canada T3K5P3, Party of the Second Part and hereinafter referred to as DEVELOPER.
THAT V*IMREAS, the Developer is the owner and developer of a new subdivision known as
Westview Business Center located on the east side of North Meridian Road, north of Three Mile Drive
and,
V;HEREAS, the City has conditioned it's approval of the final plat of Westview Business
Cente , upon the conditions as set forth in the Preliminary Plat of the Westview Business Center #4907
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
VVHEREAS, 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
VVHEREAS, the estimated total cost of construction of said improvements is the sum of
$48,000.00 .
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 of Kalispell, in the amount of $60,000.00 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 $60,000 the estimated cost of
completing the required improvements in Westview Business Center.
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 letter;
2. That said required improvements shall be fully completed by August 1, 2005 .
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 and comply with preliminary plat conditions
specified in Exhibit "A";
Pagel of3
JA2004\K04-009\K04-009-005 Final Plat\Word\SLJ13DIVISION IMPROVEMENT AGREEMENTAOC
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) A licensed professional engineer shall certify that all road improvements for the
subdivision is complete and comply with City of Kalispell Subdivision Regulations
and all related conditions of preliminary plat conditions as specified in Exhibit "A".
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 substantial 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 employee 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.
Page 2 of 3
JA2004\K04-009\K04-009-005 Final Plat\Word\SUBDIVISION IWROVENMNT AGREEMENT.doe
IN WITNESS WBEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
By: L
Ronald Bames
-State of
Gan4v of—C SS.
On this day of 2005, before me, the undersigned, a Notary Public in and
for the ;X(7 i-t, +q, personally appeared, %�jL-
known to me to be the person whose name is subscribed to this instrment, and acknowledged to me that he/she
executed the same.
Signature of'Notary DAVID M. GOTTLIEB
Barrister & Solicitor
Printed or typed name of Notary #8 - 5602 - Street N.W.
(seal)
MAYOR, CITY OF KALISPELL
B
MAYOR
CaJigary, Alberta T2K 1 B2
to C ft'J, ritve
Notary Public for the St*e of
Residing at:
My Commission Expires:
DAVID M. GOTTLAB
Barrister & Solicitor
#8 - 5602 - 4th Street N.W.
Calgary, Alberta T2K 1 B2
Page 3 of 3
ATTEST:
By: �'-- jz'
11
U
" ,A tT
J:\2004\KO4-009\KO4-009-005 Final Plat\Word\SUBDIVISION IMPROVEMENT AGREEMENT.doc
A RESOLUTION'CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
WESTVIEW BUSINESS CENTER, MORE PARTICULARLY DESCRIBED AS LOT 55
HALL ADDITION #82 LOCATED IN -SECTION 6
TOWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTXNA.
WfIEREAS., Ronald Barnes, the owner of certain real property described above, has petitioned for
approval of the Subdivisiota Plat of said property, and
WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section
2.05 (Preliminary Plat Process -Minor Subdivision), Subdivision Regulations of the
City of Kalispell, and
WHEREAS, the Tri-City Planning Office has reviewed the p;roposed subdivision and made a
report (#KSR-04-3) to the City Coun,61 of the City of Kalispell,- said report
considering the criteria set forth in Section 76-37608 MCA, and
WHEREAS, the CitX Council of the City -of Kalispell at its regular Council Meeting of July 6,
2604, reviewed the Tri-City Planning Office Report #KSR-04-3, and found from the
Preliminary Plat, and evidence, that the subdivision is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS: � I I
SECTION 1. That the Findings of Fact contained in Tri-City Planning Office Report
#KSR-04-3 are hereby adopied as the Findings of Fact of the City Council.
SECTION 11. That the application of Ronald Barnes for approval of the Preliminary Plat of
'b
Westview Business Center, Kalispell, Flathead County, Montana is here y
approved subject to the following conditions:
I That the final plat for the subdivision shall be in substantial compliance with the approved
preliminary plat. (Kalispell Subdivision Regulations, Appendix C_— Final Plat)
2. That the plans and specifications for all public infrastructure be designed and installed in
accordance with the Kalispell Design and Construction Standards and a letter shall be obtained
stating that they have been reviewed and approved by the Kalispell Public Works Department.
(Kalispell Subdivision Regulations, Chapter 3, Design Standards, Section 3.01).
3. The following requirements shall be met per the Kalispell Fire Department and a letter be
obtained from the department stating that the following requirements have been met (Kalispell
Subdivision Regulations, Section 3.20).
a. Water mains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
Uniform Fire Code (1997) Appendix III -A.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with Uniform Fire Code (1997)
Article 9.
4. That a letter be obtained ftom the Kalispell Parks and Recreation Department stating that a
landscape plan has been reviewed and approved for the placement of trees and landscaping
materials within the five foot landscape boulevard developed between the curb and the
sidewalk'. (Kalispell Subdivision Regulations, Section 3.11).
5.' 'The public'. road within the subdivision shall be named -and' -sighed in accordan6e with the
I'
policies of the Kalispell Publi * c Works Department and the Uniform Traffic Control Devices
Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell
Subdivision Regulations, Section. 3.09).
6. The developer shall provide a letter from �the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).'
T. Street lighting'shall be located within the s - ubdivision and shall be shielded so that it does not
intrude unnecessarily onto adjoining properties. (Kalispell Subdivision Regulations Section
�.09(L)).
8. All utilities shall be installed underground. (Kalispell Subdivision Regulations, Section 3.17).
11
9. , That aminimum of two-thirds of the necessary inftastructure for this subdivision shall be
completed prior to final plat submittal.
10. All areas disturbed during development of the subdivision shall be re -vegetated with a weed -
free mix immediately after development.
11. That preliminary plat approval shall be valid for a period of three ye�rs from the date of city
council approval. (Kalispell Subdivision Regulations, Section 2.04).
SECTION 111. The classification of said premises under the Kalispell Zoning Ordinance
shall not be changed by the action.
SECTIONJV. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall bea
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF
THE CITY OF KALISPELL, THIS 6TH DAY OF JULY, 2004.
aLmela _BKe_n_ne6V
Mayor _�t
amela
ATTEST:
� Vere�saWh�ite���
city Clerk
EXHIBIT B
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
CHECK
CONSTRUCTION
%
ESTIMATED
REMAINING APPR.
COMPLETION
COMPLETE
CONSTRUCTION
IMPROVEMENTS BOX
DATE
COSTS
Street Grading/Paving X
May 2005
90%
$16,000.00
with mailbox turnaround
Street Base
X
with mailbox turnaround
Sidewalks
X
Curbs and Gutters
X
Sanitary Sewers
X
Mains
Other
On -Site Sewage Facilities
Water Systems
X
Mains
Other(
On -site Water Supply
Water Storage Tanks
Fire Hydrants
X
Storm Sewer or Drainage
X
Facilities
Street Signs
X
Street Lighting
X
Street Monuments
Survey Monument Boxes
Landscaping
X
Other ( )
Complete
May 2005 90%
Complete
May 2005 90%
Complete
Complete
May 2005 90%
May 2005 20%
May 2005 0%
I
May 2005 20%
SUBTOTAL
FEES
TOTAL COSTS
TOTAL COLLATERAL (TOTAL COSTS x 125%) $60,000.00
Total Contract Amount� $149.932.35
$10,500.00
$5,000.00
$5,000.00
$500.00
$5,000.00
$6,000.00
CERTIFICATE OF ENGINEER
1, William D. Boger, a Licensed Professional Engineer in the State of Montana, acting on behalf of
Thomas, Dean & Hoskins, Inc., do hereby certify:
Estimated costs in Exhibit B attached hereto are true and accurate;
Work completed has been completed in accordance with the approved plans and specifications, standards
of the City of Kalispell and the State of Montana.
Done this day
of, 2005.
Certificate of Nota
State of Montana
County of Flathead
-1
On this Wrdav of
-Ft�--AW , 2005, before me the undersigned, a Notary Public for the State
of Montana, personally appeared)A)tL4.AA%#A D. E�� known to me to be the person whose
name is subscribed to the forgoing instrument and acknoN&dged to me that he executed the qme.
Notary Public for tie State At ftk2A
Residing at VAL45PE"—
My Commission Expires on
r R,