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Irrevocable Letters of Credit�99 1 City of Kalispell Public Post Office Box MEMORANDUM February 2, 2007 To: Deb Deist, Treasurer From: Frank Castles, P.E., Deputy Public Works Director/Assistant City Engineer RE: Ashley Park, Phase 8 Attached is a copy of the request by the developer to reduce the amount of the subdivision improvement financial security to $14,595.02, and extend the Subdivision Improvement completion date to July 1, 2007. A recent examination of the referenced project was performed recently. We concur that the items remaining to be constructed are as they appear in EXHIBIT B (dated 02/02/07). Attached is a Letter of Credit from Valley Bank in the amount of $14,595.02. Please return the prior letter of credit to the issuer. Cc w/o attachments: Dennis F. Carver Somers Land Company 1995 Third Avenue East Kalispell, MT 59901 C! CARVER ENGINEERING, INC. 1995 Third Avenue East Kalispell, MT 59901 (406) 257-6202 fax 756-1093 February 1, 2007 Frank Castles, P.E. Assistant City Engineer City of Kalispell PWD 312 1 st Ave. E. Kalispell, MT 59903-1997 Re: Ashley Park, Phase 8 — Subdivision Improvement Agreement Dear Mr. Castles: Somers Land Company would like to extend the letter of credit for the Ashley Park, Phase 8 subdivision. All improvements except landscape trees and sidewalks are complete. The amount of remaining work prior to bonding is $11,676.02, and the bond amount at 125% is for $14,595.02. The remaining improvements will be completed by July 1 st, 2007, and the bond will expire August 30t", 2007. The boulevard tree quantity has been reduced from the amount shown in the previous Exhibit "B". The reduction is necessary to comply with setbacks specified in the City of Kalispell tree ordinance. Please accept the revised letter of credit and extended expiration date, and at your earliest convenience return the original letter of credit. Sincerely, Somers Land Company Dennis F. Carver VALLEY BANK OF KALISPELL wout�-�!- February 2, 2007 k TO: FROM: AMOUNT: EFFECTIVE DATE EXPRIATION: Dear Mayor Kennedy: The City of Kalispell ATTN: Pam Kennedy, Mayor Valley Bank of Kalispell 41 Third Street West PO Box 48 Kalispell, MT 59903-0048 Irrevocable Standby Letter of Credit No. 1275 $14,595.02 February 2, 2007 September 1, 2007 I We hereby establish a Standby Irrevocable Letter of Credit in your favor for the sum not exceeding a total of $14,595.02 for the account of Dennis Carver, Somers Land Company, Inc. and Ashley Park, Phase 8 Subdivision. The required improvements for which this letter applies are enumerated as exhibit "A", attached. Draws on the Letter of Credit shall be made by the City of Kalispell upon its written statement signed by a City Commissioner and in the following form: RE: Valley Bank of Kalispell Irrevocable Standby Letter of Credit No. 1275, Dated February 2, 2007 The City of Kalispell hereby drawn under said Letter of Credit No. 1275 in the amount of $14,595.02. Said amount is being drawn to pay for the cost of stated specific improvements which were to be completed as set forth in the attached Development. Agreement. The City has given written notice to, Dennis Carver, Somers Land Company, Inc. of its failure to particular improvements not so completed, a copy of which written notice is attached. Such draft and supporting documents shall be presented at Valley Bank of Kalispell, 41 Third Street West, P.O. Box 48, Kalispell, Montana 59903-0048. P.O. Box 48 a KALISPELL, MT 59903-0048 406-752-7123 s FAX 406-752-7320 - WWW.VALLEYBANKMT.COM MEMBER FDIC This Letter of Credit shall terminate and expire either (a) upon the delivery to the bank of the written certificate by the City of Kalispell stating that Dennis Carver, Somers Land Company, Inc. has satisfactorily completed the improvements for said Phase 8 Subdivision, as referred to, or (b) September 1, 2007, whichever date is the sooner. The amount of this Letter of Credit may be reduced, from time to time, as improvements as listed on exhibit "A" are completed and verified by a Certificate of Completion by the Public Works Department of the City of Kalispell. This Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1983 Revision) International Chamber of Commerce Document No. 400. Valley. Bank of Kalispell Gary M.Madison, Senior Vice President ATTEST: RE: Dennis Carver, Somers Land Company, Inc. Phase 8 Subdivision Letter of Credit No. 1275 The foregoing Letter of Credit is hereby approved and accepted. Dated this day of 2007. CITY OF KALISPELL MIA Pam Kennedy, Mayor its of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax (406)758-7758 February 5, 2007 Valley Bank PO Box 48 Kalispell, MT 59903-0048 Re: Letter of Credit No. 1263 $380,119.00 Ashley Park, Phase 8 Subdivision Dear Mr. Aronson, The Public Works Department has instructed me to release the above listed Letter of Credit which I have enclosed. It has been replaced by Letter of Credit 1275 in the amount of $14,595.03. If you have any questions, please call me at 758-7750. Sincerely, Deb Deist City Treasurer cc: Dennis Carver Somers Land Company 1995 Third Avenue East Kalispell, MT 59901 VALLEY BANK OF KALISPELL ",Iva ebruary 2, 2006 TO: The City of Kalispell ATTN: Pam Kennedy, Mayor FROM: Valley Bank of Kalispell 41 Third Street West PO Box 48 Kalispell, MT 59903-0048 RE: Irrevocable Standby Letter -of -Credit No. 1263 AMOUNT: $380,119.00 EFFECTIVE DATE: February 2, 2006 EXPRIATION: March 27, 2007 Dear Mayor Kennedy: We hereby establish a standby Irrevocable Letter of Credit in your ' favor for the sum not exceeding a total of $380,119.00 for the account of Dennis Carver, Somers Land Company, Inc. and Ashley Park, Phase 8 Subdivision. The required improvements for which this letter applies are enumerated as exhibit "A", attached. Drawn on the Letter of Credit shall be made by the City of Kalispell upon its written statement signed by a City Commissioner and in the following form: RE: Valley Bank of Kalispell Irrevocable Standby Letter of Credit No. 1263 Dated February 2, 2006 The City of Kalispell hereby drawn under said Letter of Credit No. 1263 in the amount of $380,119.00. Said amount is being drawn to pay for the cost of stated specific improvements which were to be completed as set for in the attached Development agreement dated February 2, 2006 and signed by Pam Kennedy, Mayor. The City has given written notice to Dennis Carver, Somers Land Company, Inc. of its failure to particular improvements no so completed, a copy of which written notice is attached. Such draft and supporting documents shall be presented at Valley Bank of Kalispell, 41 Third Street West, P.O. Box 48, Kalispell, Montana 59903-0048. P.O. Box 48 ® KALISPELL, MT 59903-0048 406-752-7123 ® FAX 406-752-7320 - WWW.VALLEYBANKMT.COM MEMBER FDIC This Letter of Credit shall terminate and expire either (a) upon the delivery to the bank of the written certificate by the City of Kalispell stating that Dennis Carver, Somers Land Company, Inc. has satisfactorily completed the improvements for said Phase 8 Subdivision, as referred to, or (b) March 27, 2007, whichever date is the sooner. The amount of this Letter of Credit may be reduced, from time to time, as improvements as listed on exhibit "A" are completed and verifies by a Certificate of Completion by the Public Works Department of the City of Kalispell. This Letter of Credit is subject to the Montana Uniform Commercial Code and the Uniform Custom and Practice for the Documentary Credits (1983 Revision) International Chamber of Commerce Document No. 400. Valley Bank of Kalispell Allan Aronson, Senior Vice President -ATTEST: RE: Dennis Carver, Somers Land Company, Inc. Phase 8 Subdivision Letter of Credit No. 1263 EvUliffie-VE" The foregoing Letter of Credit is hereby approved and accepted. It4 Dated this day of 20,�&. �J­ Cl OF LISPELL B Pam Kennedy, Mayor