SIA Westview Business Center (Recorded)200516.40 10 03 0
aul T-DITETITMINUIN M-01-113yffaw, Ma"a I IN i
TMS AGREEMENT, made and entered into this h6"th 1 day of 4NV
2005, by and between the City of Kalispell, Party of the First Part an"d hereinafter referr6d to asqhe CITY,
and Ronald Barnes (Developer) an Individual located at 150 Count!y Hills Landing NW, #101 Calg�!M
Alberta Canada T3K5P3, Party of the Second Part and hereinafter referred to as DEVELOPER.
WITN-ESSETH:
THAT V;HEREAS, the Developer is the owner and developer of a new subdivision known as
V) Westview Business Center located on the cast side of North Meridian Road, north of Three Mile Drive
and,
Wl�R-EAS, the City has conditioned it's approval of the final plat of Westview Business
Center, upon the conditions as set forth in the Preliminary Plat of the Westview Business Center 44907
being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and
(3 the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and
rq )V q0,6-0
VVMREAS, 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
VMEREAS, the estimated total cost of construction of said improvements is the sum of
ry $48,000.00
�6
2 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";
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JA2004\K04-009\K04-009-005 Final Plat\Word\SUBDIVISION IMPROVEMENT AGREEMENT.doc
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
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2005-140
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
By:
Ronald Barnes
--state of
9"tr-*Ay of ss.
On this day of FS 2005, before me, the undersigned, a Notary Public in and
for the S4ft+e of 0--c 411� personally appeared, ]A ?�e r,
known to me to be the person whose name is subscribed to this instrument, and acknowledged to me that he/she
executed the same.
Signature ofNotary� DAVID M. GOTTLIEB
Barrister & Solicitor
Printed or typed name ofNotary #8 - ��602 - 4t1h Street N.W.
(seal)
MAYOR, CITY OF KALISPELL
B
MAYOR
Calgary, Alberta
10C *-.>;-It ve
Notary Public for the S44e of
Residing at:
My Commission
DAVID M. GOTTLIEB
Barrister & Solicitor
#8 - 5602 - 4th Street N.W.
Cc,ldgary, Alberta T2K I B2
ATTEST:
By:
Page 3 of 3
VL
JA2004\K04-009\K04-009-005 Final Plat\Word\SUBDIVISION INIPROVEMENT AGREEMENT.doc
A RESOLUTION'CONDITI.ONALLY APPROVING THE PRELIMINARY PLAT OF
WESTVIEW BUSINESS CENTER, MORE PARTICULARLY DESCRIBED AS LOT 5
HALL ADDITION #82 LOCATED IN SECTION., 6, T . OWNSHIP 28 NORTH, RANGE 21
WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Ronala Barnes, the owner of certain real property described above, has petition . ed for
approval of the Subdivision Pla t 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 Subdivisi6 . ft), Subdivision Regulations of the
City. of Kalispell, and
WHEREAS, the Tri-City Planning Office,has reviewed the proposed subdivision and made a
report (#KSR-04-3) to the City Coun�il of the City of Kalispell,- said report
considering the criteria set forth in Section 76-37608 MCA, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of July 6,
2004, reviewed the Tri-City Planning Office Report #KSR-04-3, and fo'
und 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 .
SECTION 1. That the Findings of Fact contained in Tri-City Planning Office Report
#KSR-04-3 are hereby adopted as the Findings of Fact of the City Council.
SECTION 11. That the application of Ronald B arnes for approval of the Preliminary Plat of
Westview Business Center, Kalispell, Flathead County, Montana is hereby
approved subject to the following conditions:
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.
2005 -0.40 1 00�50
4. That a letter be obtained from the Kalispell Parks and Recreation Department stating that a
landscape plan has been reviewed and approved for the placement of trees and landscaping
p
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 -.signed in accordan6c with the
C
policies of the Kalispell Public Works Department and the Uniform Traffic Conti ' ol Devices
Manual and be subject to review and approval of the Kalispell Fire Department. (Kalispell
Subdivision Regulations, Section. 3.09).
6. The developershall provide a letter from -the U.S. Postal Service approving the plan for mail
service. (Kalispell Subdivision Regulations, Section 3.22).
7'. Street lighting'shall be located within the subdivision 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)
1.
9. , That a'minimum of two-thirds of the necessary infras.tructure 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 aweed-
free mix immediately after development.
11. That preliminary plat approval shall be valid Bor 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.
SECTION JIV. 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 be a
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.
amLella `BKerm`eAy
Mayor
ATTEST:
� Ver�esaWh�ite
City Clerk
2005'.140
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
Complete
with mailbox turnaround
Sidewalks
X
May 2005
90%
Curbs and Gutters
X
Complete
Sanitary Sewers
X
May 2005
90%
Mains
Other
On -Site Sewage Facilities
Water Systems
X
Complete
Mains
Other(
On -site Water Supply
Water Storage Tanks
Fire Hydrants
X
Complete
Storm Sewer or Drainage
X
May 2005
90%
Facilities
Street Signs
X
May 2005
20%
Street Lighting
X
May 2005
0%
Street Monuments
Survey Monument Boxes
Landscaping
X
May 2005
20%
Other ( )
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
21)
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 77V day of, 2005.
Certificate of Nota
State of Montana
County of Flathead
On this [ f�-da'v of � 2005, before me the undersigned, a Notary Public for the State
of Montana, personally appeared JA )ILA—tAA4 b. e��ff;A, known to me to be the person whose
name is subscribed to the forgoing instrument and acknowledged to me that he executed the s,ine.
N :)r �ie State
Residing at
My Comn-iission Expires on -7 t 1
............
CITY OF KALISPELL
ATTN: T WHITE
DRAWER 1997
KALISPELL,MT 59903
STATC OF MnHT 'A COUNITY OF FLA71 HEAD) ss
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