SIA dated 07/30/08 (unsigned)Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
SUBDI"SION P"ROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 3 Oth day of ... July_, 20 08
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part
and hereinafter referred to as the CITY, and
_Craig & Connie Denman
(Name of Developer)
a Individual
Undividual, Company or Corporation)
located at P.O. Box 5420, Whitefish, MT 59937
-CStreet Address/P. 0. Box) (City, County, State, Zip)
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
--Westwood Park Subdivision
(Name of Subdivision)
located at Kalispell, Montana
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of Westwood Park
Subdivision upon the conditions as set forth (Name of Subdivision) 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 public engineer included herewith as "Exhibit B"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ $769,221.00
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 Letter of Credit, or other acceptable
collateral as determined by the City Council, in the amount of $ $59,282.50 . 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 $ $59,282.50 the estimated cost of
completing the required improvements in Aestwood Park Subdivision
(Name of Subdivision)
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
stated in the letter;
2. That said required improvements shall be fully completed by October 3 !_, 20 08
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.
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 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.
Craig & Connie Denman
(Name of Subdivision/Developer/Firm)
by
STATE OF MONTANA
COUNTY OF
On this __ day of 20-, before me, a Notary Public for the
State of Montana, personally appeared - , known to me to
be the of . 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 for the State of Montana
Residing at
My Commission Expires
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CITY CLERK
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion
date and estimated construction costs.
CHECK
CONSTRUCTION
ESTIMATED
PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION
COMPLETE
IMPROVEMENTS
DATE
COSTS
Street Gradi-ug/Paving
X
8/l/2007
$128,950
100%
Street Base
X
8/1/21007
$49,747
100%
Sidewalks
X
8/1/2006
$80,725
100%
Curbs and Gutters
X
8/l/2006
$37,950
100%
Sanitary Sewer
X
8/l/2006
$33,267
100%
Mains
Other (Manholes/Service
X
8/1/2006
$39,975
100%
On -Site Sewage
N/A
N/A
N/A
N/A
Facilities
Water System
X
8/l/2006
$70,677
100%
Mains
Other
X
8/l/2006
$37,275
100%
On -Site Water Supply
N/A
N/A
N/A
N/A
Water Storage Tanks
N/A
N/A
N/A
N/A
Fire Hydrants
X
8/l/2006
$21,000
100%
Storm Sewer or
X
8/l/2006
$113,855
100%
Drainage Facilities
Street Signs
X
8/l/2007
$2,000
100%
Street Lighting
X
8/l/2007
$20,800
100% FEC pd
Street Monuments
N/A
N/A
N/A
N/A
Survey Monument Boxes
N/A
N/A
N/A
N/A
Landscaping/Boulevard trees,
topsoil & Seeding
X
10/31/2008
$28,250
7%
(includes Common Areas)
Other (See Below)
X
Walking/excersize path
X
10/31/2008
$7,950
67%
Workout stations
X
10/31/2008
$6,800
0%
Footbridge & abutments
X
10/31/2008
$17,000
70%
Grass-crete
X
10/31/2008
$3,830
0%
Hammerhead turn around
traffic barrier/fencing
X
10/31/2008
$10,000
80%
Sidewalk railing
8/l/2007 $7,000 100%
Utility repairs/maintenance 10/31/2008 $800 0%
SUBTOTAL $4.7,426.00
FEES N/A
TOTALS COSTS $47,426.00
TOTAL COLLATERAL (TOTALS COSTS X 125%) $59,282.50