White to Murcon - Final Plat & SIA ApprovalCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758
August 2, 2005
Murcon Development, Inc.
#2510, 530 8th Avenue SW
Calgary, Alberta T2P 3S8
Dear Sirs:
The Kalispell City Council, at its regular meeting last evening, approved the final plat
and accepted the Subdivision Improvement Agreement for Lot 3 Daley Field. Enclosed is
a copy of the agreement.
Please contact me if you need additional information.
Sincerely,
Theresa White
City Clerk
Cc: Schwarz Architecture and Engineering, (nc., 100 Financial Drive, Suite 120,
Kalispell, MT 59901
Narda Wilson, Tri-City Planning Office, 17-2nd Street East, Suite 211, Kalispell,
MT 59901
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THIS AGREEMENT, made and entered into this 12'hday of July 2005, by and between the
CITY COUNCIL,, City of Kalispell, Party of the First Part and hereinafter referred to as the CITY, and
Murcon Development, Inc., whose address is #2510, 530 Eight Avenue SW, Calgary, Alberta
Canada T2P 358, Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
Daley Field Subdivision, located in Section 20, T 28N, R 21 W, Flathead County, Montana
and,
WHEREAS, the City has conditioned its approval of the final plat of Daley Field Subdivision
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 professional engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$3405.00.
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 Certificate of Deposit, in the amount of
$43,606.25. Said Certificates of Deposits 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 $43,606.25, 125% of the estimated cost
of completing the required improvements in Daley Field Subdivision.
Subdivision Improvements Agreement 711212005
Daley Field Subdivision, Kalispell, Montana Page 1 of 5
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.
2. That said required improvements shall be fully completed by October 30, 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;
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 specifications.
Subdivision Improvements Agreement 711212005
Daley Field Subdivision, Kalispell, Montana Page 2 of 5
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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
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold
collateral sufficient to ensure 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.
r n lop en c.
by
(Title)
Subdivision Improvements Agreement 711212005
Daley Field Subdivision, Kalispell, Montana Page 3 of
On this - i a _ day of i ULY , 20 before me, a Notary Public for the
Province of Alberta, personally appeared Murph Hannon, known to me to be the President of Murcon
Development Inc., whose name is subscribed to the foregoing instrument and acknowledged to me that
he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day
and year first above written.
Notary Public . 74." T x -900V t ^j C;i3O!7 c7p /1
Residing at: -C-A-L"ect-Y, AL6c-4-T"I
O'BRIEN DEVLIN MACLEOD
BARRISTERS & SOLICITORS
1310, 630 -, 8th AVENUE S.W.
CpIGpRY, AB T2P 3S8
MAYOR) CITY OF KALISPELL
By:
Ma or
ATTEST:
B
City GCEQ+C
Subdivision Improvements Agreement 711212005
Daley Field Subdivision, Kalispell, Montana Page 4 of 5
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXfHBIT B
This agreement specifically includes the following improvements, their projected construction
completion date and estimated construction costs.
CONSTRUCTION ESTIMATED
COMPLETION CONSTRUCTION
IMPROVEMENTS DATE COSTS
Sidewalks (1,8601f * $ 14.50) 10/30/060
Trees & Seeding (43*$ 155.00) 10130106
Mail Boxes, Barrier 10130106
Subtotal
$265970.00
$ 65665.00
$ 15250.00 (Separate Cashier Check)
$ 3405.00
TOTAL COST $ 3405.00
TOTAL COLLATERAL (TOTAL COST x 125%) $ 4306.25
A
-7
Subdivision Improvements Agreement 711212005
Daley Field Subdivision, Kalispell, Montana Page 5 of 5