Ashley Park Phase VIII Subdivision Improvement AgreementReturn to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this a, day of A,20_C,/,,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First
Part and hereinafter referred to as the CITY, and Somers Land Company, Kalispell, MT 59901,
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
Ashley Park - Phase 8 , located in the NW 1/4, SE 1/4 of Section
19, Township 28N, Range 21 W P.M.M., Flathead County, Montana; and,
WHEREAS, the City has conditioned its' approval of the final plat Ashley Park Phase 8, upon the
conditions as set forth in the Preliminary Plat of the Subdivision being completed at this time, and
the Developer wishes to bond for the completion of those improvements set forth in "Exhibit All;
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
$ 754,906.87 of which a total of
$ 450,811.48 , has been completed to date.
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 amout of of $ 380,119.24
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 $ 380,119.24 the
estimated cost of completing the required improvements in
Ashley Park - Phase 8
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 limited of credit
Page 1 of 3 Pages
stated in the letter;
2. That said required improvements shall be full completed by January 26th, 2007
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 incompliance 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.
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 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.
Page 2 of 3 Pages
Ashley Park - Phase 8
That this agreement shall inure to the benefit of and be binding upon any successors in interest,
heirs, or assignees.
IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seals
the day and year herein before written.
ASHLEY PARK PHASE 8
Somers Land Company
(Title)
STATE OF MONTANA, COUNTY OF FLATHEAD
On this a6. day of awtnuol0 a 2006, before me, a Notary Public for the State of
Montana, personally appeared <i��.c,n�5�.(�,c�R 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.
(Sep* ,,oTAR
� t SEAS F
s
NOTARY
4fyr
MAYOR, CITY OF KALISPELL
By.
MA -MR
otary Public for the State of Montana
Residing at tsi�e 11
My Commission Expires 14k&g 16,a[xyr� —
Page 3 of 3 Pages
ATTEST:
CITY CLERK
® CARVER ENGINEERING, INC.
1995 Third Avenue East
Kalispell, MT 59901
(406) 257-6202 fax 756-1093
January 26, 2006
Tom Jentz
City of Kalispell Planning Department
17 2nd Street East, Suite 211
Kalispell, MT. 59901
Re: Ashley Park, Phase 8
Dear Mr. Jentz:
The following action has been taken on each item of the preliminary plat conditions
of approval for the Ashley Park — Phase 8 subdivision:
.a.u: .
Conditions, upon which preliminary plat approval has been granted to Ashley Meadows
Subdivision on this date of May 10, 1994, are as follows:
1. That the subdivision obtain approval from the Montana Department of Health and
Environmental Sciences.
Montana Department of Health approval has been received and is attached.
2. - all water lines, sanitary sewer, culverts, and storm sewer lines/swales shall be built
according to plans and specifications approved by the City of Kalispell Public Works
Department. All water, server main extensions, and storm sewer lines/swales on
private property shall be placed within suitable easements and approved by the City
of Kalispell Public Works Department.
All water, sanitary sewer, culverts and storm sewer lines have been approved by
the City of Kalispell, and the KPWD approval letter is attached. Any required
easements are shown on the plat.
3. The construction of all streets, curbs, gutters, and sidewalks shall be done in
compliance with City of Kalispell standards and approved by the City of Kalispell
Public World pepan meet.
The City of Kalispell has approved plans for streets, curbs, gutters, and
sidewalks, and the approval letter is attached. The construction of these items is
about 43% complete and in compliance with the City standards. The remaining
work is included in the bond amount and will be constructed to City standards.
4. A 20-foot reserved strip for right-of-way be maintained along the westerly boundary
in common with the rail right-of-way for the future alternate highway 93 route, if
the highway is constructed prior to final plat of phases 6 and 7, any remainder not
used for right-of-way may be included into adjoining lots, so as to increase their
depth.
Page 2
January 26, 2006
MDOT does not require the 20-foot strip for the for the 93 bypass. And as we
discussed in our phone conversation, the strip has been included in the lots.
5 _ Prior to final plat of phase 2, installation of the northerly access route through South
Meadows is to be completed.
This item refers to Phase 2 of Ashley Park and is not affected by this Phase.
+6. All utiWes shall be installed underground.
All utilities are installed underground.
7. The owner shall pay a cash -in -lieu of park land payment equal to 119th of the
undeveloped market value of that portion of the site proposed for final plat.
One ninth of the cash -in -lieu payment is enclosed.
8. Placement of fire hydrants shall be approved by the City of Kalispell Fire
Departmem Documentation from the chief of the City of Kalispell Fire Department,
which indicates that the proposed fire suppression facilities are adequate, shall be
submitted with the application for final plat approval.
The Fire Marshal's approval letter is attached.
9. This preliminary plat approval is valid for a period of two (2) years. The project
is also approved in seven (7) phases. This two-year period is based on approval of
final plat of phase 1 within this two (2) years. Upon approval of eacb phase, an
additional two (2) years to receive final plat for the next phase is granted. A one
(1) year extension may be granted for each individual phase. if any phase expires,
the remaining unrecorded phases also expire.
This item refers to the phasing of the project and requires no action at this time.
10. The lots meet the City of Kalispell Zoning Regulations.
The lots are in compliance with the R4 zoning requirements of the City of
Kalispell.
1 i . Lot numbers, street addresses, and net acreage for each lot shall be included on the
face of the final plat.
Lot numbers, street addresses and net acreage for each lot are included on the
face of the plat.
12. All streets shall be clearly signed in a manner conforming to City of Kalispell
standards.
Street signs will be installed conforming to the City of Kalispell standards.
Page 3 January 26, 2006
13. Prior to final plat of each phase, annexation shall occur.
Annexation of Ashley Park — Phase 8 has occurred.
I4_ Street tree planting shall be coordinated in partnership with the City of Kalispetl
Parks Depam=t.
The developer agrees to "coordinate in partnership with the City of Kalispell
Parks Department" regarding street tree planting.
Sincerely,
CARVER ENGINEERING, INC.
"•• •
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