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SIA Addition 3 (Recorded)20041,f)7 IC)4zf 0 1 IRB AGREEMENT, made and entered into this-!2�--day of =qLt 20 aq by and betweert the C COUNCIL, CrTY OF KALISPELL, MONTANA, Party of the Fffst Pan and hereinafter TuCerred to as the CrfY L^V, Vt Party of the Sewnd Part and hcrcvj- T �- � �w MV WITNESSETH: The Developer shall depmt as collateral with the City a Letter of Credit, or other acceptable collateral as detemuned b� ft KALISPELL CITY COUNCIL, in the amo= of $� Lf,. "�-" -, . Said Letter of Credit or other collateral shaU haw an exph'afion date of at least Mx�, (60) diyi the date set for comochun of the wWrovemem certifying the following: a, That the creditor paranteed. lunds in the sum of $ the estinated cost of mrpleting the reqt&w irnprovements in --k-4-L b, That if the Developer fints to complete the specified imprmementswithm the required penod, the creditor wLU pay to the Clty immediately, and vnthout ftirther aWor4 stich funds as are neccssa� w finatice the completion of those unprovements up to the limited of credit stated in the 1wer, 2. That said required inwmmments shall be fully completed by -44, 3. That upon completion of the required mqwwernents, the Developer shall Cat= to be filed VnIh the Co a Statement cerffying that: 200419-7 J, C) 4 q 0 um�- - M The TX-vc1rmvr shall cawsc to be filed with the City cmes of fin�d dans. woffies gades and s=McaUons of said =pmvemcnts, with dw certficafton of the registemd Mfessiomd enp=r responsNe for their preparafton V= to the best of his kr*wle*, mpmemefts have been mstafled m gmerai confmiarce with swd sp=ficauons. IT LS ALSO AGREED ]BY AND ]BETWEEN THE PARTIES HERETO AS FOLLOWS, To-wrr. T1,Qt ff the Cay detemunes that any mVro�emcnts are not consmicted m compliance wO the specffications, it shall l'umsh the Eweloper vath a list of spedfic &ficiewes and may withhold collatend suffiaent to umure swh compliarce. ff the City dewrmines, that the Ek-velq= wffl M constma afW or aH of the imp�cmcnls in accorda= wiffi the speeffica-bons. or withm the rcqwed ume hnuts, it may RidWraw the collateral and employ such &n& as may be necmsary to consMia the iWovemew or ftupmermius in axordamc,%ith the specifications. 7he ummd pordons of Ow caBatejW shaU be rewrtiod to the F-kvelWff or the crechtmg insftbon, as is appropme 1IM5,10,31MM"', 1,115,11, '77TARM The s"vider shA wan,,wt Me dmiM oonstnxUon matenals and workmnstup of the mprovernents a&%Wst am failure or defea in design, wnsftuWoA material or wodunawhip Much is discovered no ruore than orte (1) year from the date of 2- 0 Onti;is—�L,w,-f before nw, a Notary PcMc for the State of Mozrtana� persortally an=4L-6&A6_W,Ut:5,kno"tordetobethe Q-eV�elar�er whose imne is subsc� to the foreg.ng mMwnwt and admowledged to me that he execaW the saAx. Pi wrrNESS WHEREOF, I have hereunto set my hand and affixod my Notary Seal this day and year first above wnum. my commission THERSEA WHITE CITY CLERK N, 2004197 FL-ia' P,'at ff.-;r -\Willis AiLa,"-401-1 3 f 'j June' 29, 2004 Fa�-ze 2 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the riatural environment, wildlife and wildlife habitat and the public health and safety. The Kalispell City Council wiH need to adopt findings of fact for approval found in attached staff report KWP-04-3 concur -rent with the final plat approval. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the final plat is in substantial compliance vAth the preliminary plat that was waived. This condition has been met. The lots in the subdivision comply with the preliminary plat that was waived. Condition No. 2. That an approach permit be obtained from the Flathead County Road Department for shared access from the existing driveway and needed improvements required by that department be made prior to final plat submittal. This condition has been adequately addressed- The existing driveway has been realigned with Denver Avenue to the south and will create a single paved, shared access for all four lots. The paving of the shared access road has been bonded for in a subdivision improvements agreement with a completion date of August 1, 2004. Condition No. 3. That a note be placed on the face of the final plat stating that Lots 1 and 2 shall be considered a single parcel for building purposes until such time as the existing garage has been removed from the site. This condition has been met. A note has been placed on the final plat and will be recorded to notice future property owners of this condition. Condition No. 4. That a note be placed on the face of the final plat that waives protest to the creation of a special improvement district for the future upgrade of Sunnyside Drive. This condition has been met. The required note has been placed on the face of the final plat and will be recorded to notice future property owners of this condition. Condition No. S. That all lots have a minimum of 50 feet of frontage along Sunnyside Drive to comply with the proposed City R-4 zoning designation upon annexation to the city of Kalispell. a This condition has been met. All of the lots comply with the dimensional requirements of the R-4 zoning district. 2 P'S�j* No. d Proposal Pi"so sigm. k*" t" *"!I, and GLACMR PAVING, WC Mwo copies R0. Box 9222 2 & S to w KAUSPELL. MONTANA 59904 n&r* yw, (406) 257-8161 FAX; 257-8105 :,ATP Pax 857-31,51 061/031/2004 property S61cal-o—n6-- 1 KV NAYF AM, MT 59932 JOB "C"r Wp 4". '�y R�o � hin: t i, e�� HO il 9:1 il A� f ( frAWQ 1(v ___nia .1 1 .1 --1 1 er rav . I . n g, fnc� will'su'p'PI 2" ruck f6r �a 'PYL 6 Y 3,60.0.s.f_ bwe a _gmde, watm & couip Ct. P 0I vat t_ I f0t Glaaet Mving, lb�. w! -,S1APPtV'2` ttik ha 4�6 14-chcr—de wnt* to fw- done by, -ctfiers- -40 C%fw Myofta i's DAN&- ff,pwZyworr 46, nw-MvIr Av vgmt4 VW. 3 hktA POYMIMt ",hRF$e esl P#r MO. <12% par sv$'Jum� whi emargo'd, v9diffayl tb IN C041tratt *U�' 00rAMOMI:ing 15 day% oft*V the �P~Ob datQL ItAd a�j aftarrjay'$ fg6f, jjqgUVMd to CD�J#M 21b;0 QW9 ;L"d 4:hWg*& wil! be PAd Wt FT0011fir hwcrhy 10 'unnishr .1raOrW Rrd latlof — compkIe in WWI iat)ove for ta eurr. c�f. Five Lhousand foux hundred 5,400W 1, i MaIc"W Is guarantood to b& 1, A211 'C-A M 1'r ��mpjotad rn a J Msjq-�;'r Affwmun�. �� wA"Alz nfwir�Aq An� A '­ m� A IM'. �rAna �,vo­ Autiv�nz*d nv�lvinq 'wra vow WA ba ex5c"Ied OW1 up�n wNter DrWp, an fllxlf�' coorat 'ww 'Ind *40va 'k* estkrau AP u wi ' r'01-'L'M0 1 1 dc"jzYP 00yon'. 0�r cqn?fn�' Owncr Ic ;-I ry h't, M'�Iuc�c V.0 Wha, r.'W��ry 6api yift"rawn tv U�' �f rv* aru�'o Amptuou of PTOP21381 --liw and co0l4itlon� am s3t11fb&,-x'Y -d t,� jo tt,* woeA as itwttw,�, q!! :),i LIV11% M A=Aplancw. MW Tc Pw"dw J / 200419,7 10 446 PO Numbor Date ,847-2004 Term Project DUE ON COMPLETION Description HOURSAMITS THIS QUOTE IS FOR CONSTRUCTING A :)RIVEWAY THAT W$LL SERVK;E 4 LOTS THE ENTRANCE fS OFF OF SUNNYSIDE DRIVE AND DENVER ST5� 1 THE SCOPE OF WORK i S REMOVING A SECTION 1,5 FEFT THICK BY 20 FEET WIDE BY APPROXIMATELY 166 L' LONG TO BE REPLACE0 BY IT'OF 314' CRUSHED BASE UPON 12" CF,3w :MINUS SUBBASE COMPACTED AND GRADED TO FORM. APPROXIMATELY 124 CUSIC, YARCS OF MATERIAL WILL BE EXCAVATED .AND REMQVFzD FROM THE SITE. EXCAVATE MATERIAL ANC� REMOVIF FROM SITE. LUMP SUM PLACE 3/4" ROADBASE UPON 35" MIN U S SU 98ASE C OMPACT AN E) GRADE. LUMP SUM MOSILIZATION -OF EOVIPMENT I Rate Amour* 1'.00 420,00:' Tota! A IMl � A T -�HF 1,914,00 1 311 5�00'� 420-00