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Irrevocable Letters of CreditCity of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7000 Fax - (406) 758-7758 December 24, 2014 Glacier Bank Dave McNutt Kathy smith PO Box 27 Kalispell, MT 59903-0027 Re: Letter of Credit No. 01-06-287 $ 59,282.50 Westwood Park Subdivision Dear Mr. McNutt, I am releasing the above mentioned security per Chad Fincher in the Parks Department. Chad tells me that the trees are now tied to the building permits issued for each lot. While this has been expired since 2009, I wanted to clear out our files. If you have any questions, please call me at 758-7750. Sincerely, Deb Deist City Treasurer 758-7750 ddeist@kalispell.com ARKTIS ' WO C E F r 4 b ���n9 August 1, 2008 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 RE: Modification — Irrevocable Letter of Credit No. 01-06-287 Amount (U.S. Dollars) $88,146.26 Modified Amount $59,282.50 Current Expiration Date: August 1, 2008 Modification Expiration Date: January 1, 2009 To Whom It May Concern: The above referenced Letter of Credit was established in your favor for the account of: Craig and Connie Denman — WESTWOOD PARK SUBDIVISION Effective August 12008, the amount of said Letter of Credit is hereby modified from $88,146.26 to $59,282.50 and the expiration date is extended to January 1, 2009. Please attach this Modification to the original Letter of Credit. This Agreement shall be governed by the Uniform Customs and Practice for Documentary Credits (2007 Revision) ("UCP"), International Chamber of Commerce Publication No. 600, International Chamber of Commerce International Standby Practices ISP98, (Publication ISP98) and any subsequent revisions thereof approved by the International Chamber of Commerce, unless the law of the State of issuance prohibits application of the UCP and ISP98 to this letter. Sincerely, Dave J. McNutt Vice President DJM/ks MEMBER _ F' 11C05 - .: bix� .,,.:% . . -. _: d• F..?,�s o �':-.w�r.+E`,F :'14. ,. a .�"l:i . � . u.F �u'�..m � GLAcIER- -ABANK May 7, 2007 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 RE: Modification — Irrevocable Letter of Credit No. 01-06-287 Amount (U.S. Dollars) $88,146.26 Modified Amount $112,771.76 Current Expiration Date: August 1, 2008 Modification Expiration Date: May 7, 2007 To Whom It May Concern: The above referenced Letter of Credit was established in your favor for the account of. Craig and Connie Denman — WESTWOOD PARK SUBDIVISION Effective May 7, 2007, the amount of said Letter of Credit is hereby modified from $88,146.26 to $112,771.76. Please attach this Modification to the original Letter of Credit. To the extent applicable, the original Letter of Credit and the Modification are subject to the Montana Uniform Commercial Code and the Uniform and Practice for the Documentary Credits (1983 Revision) International Chamber of Commerce Document No. 400. Sincerely, Dave J. McNutt Vice President DJM/ks -.. glacier@glacierbank.com lo' SRI,GLACIER BANK Letter of Credit No. 01-06-287 Dated: July 27, 2006 Expiration Date: August 1, 2008 Amount. $150.647,00 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 We hereby establish in your favor an irrevocable Letter of Credit up to the aggregate amount of $150,647.00 at the request of Craig and Connie Denman. If Craig and Connie Denman fails to complete the specified improvements in the Westwood Park Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this Letter of Credit must accompany the final draft for payment. This Letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. GLACIER BANK \1 Dave J. McNutt Vice President ks OPPORTUNITYMEMBER FDIC AN EQUAL Deb Deist From: Mark Crowley Sent: Wednesday, February 02, 2011 4:15 PM To: Deb Deist Subject: RE: Westwood Park No. Chad and Bill are still talking... Chad said he has been talking to Denman also. Thanks. Mc From: Deb Deist Sent: Wednesday, February 02, 2011 4:06 PM To: Mark Crowley Subject: RE: Westwood Park OK, so you want me to release it? From: Mark Crowley Sent: Wednesday, February 02, 2011 2:05 PM To: Deb Deist; Chad Fincher Cc: Charlie Johnson Subject: RE: Westwood Park I dug into the file this afternoon. The certification has been accepted by Public Works. We have no reason to hold the letter of credit. I called Bill Rice and let him know. Mc From: Deb Deist Sent: Thursday, January 27, 2011 12:55 PM To: Chad Fincher; Mark Crowley Cc: Charlie Johnson Subject: RE: Westwood Park Kathy Smith @ Glacier Bank. 756-4279 From: Chad Fincher Sent: Thursday, January 27, 2011 12:37 PM To: Deb Deist; Mark Crowley Cc: Charlie Johnson Subject: RE: Westwood Park While I'm confident I could take Charlie, I will call them if you give me Kathy's information. Let me know about my 1" item and we can go from there. What is the engineer's certification for again? Thanks. C.hdd �.11CAer Parks Superintendent, APRP, CPO Kalispell Parks and Recreation P.O. Box 1997 Kalispell, W 59903 (406) 758--7960 office Deb Deist From: Mark Crowley Sent: Wednesday, February 02, 2011 2:05 PM To: Deb Deist; Chad Fincher Cc: Charlie Johnson Subject: RE: Westwood Park I dug into the file this afternoon. The certification has been accepted by Public Works. We have no reason to hold the letter of credit. I called Bill Rice and let him know. M From: Deb Deist Sent: Thursday, January 27, 2011 12:55 PM To: Chad Fincher; Mark Crowley Cc: Charlie Johnson Subject: RE: Westwood Park Kathy Smith @ glacier Bank. 756-4279 From: Chad Fincher Sent: Thursday, January 27, 2011 12:37 PM To: Deb Deist; Mark Crowley Cc: Charlie Johnson Subject: RE: Westwood Park While I'm confident I could take Charlie, I will call them if you give me Kathy's information. Let me know about my 1" item and we can go from there. What is the engineer's certification for again? Thanks. f'r�ztxc��ixzclz�x' Parks Superintendent, APRP, CPO Kalispell Parks and Recreation P.O. Box 1997 Kalispell, MT 59903 (406) 758-7960 office (406) 758-7719 fax efinclzer@kalispell.com From: Deb Deist Sent: Thursday, January 27, 2011 11:57 AM To: Mark Crowley; Chad Fincher Cc: Charlie Johnson Subject: RE: Westwood Park OK, thanks for taking care of it. May the best arm win! From: Mark Crowley Sent: Thursday, January 27, 2011 11:55 AM To: Deb Deist; Chad Fincher Cc: Charlie Johnson Subject: RE: Westwood Park I'll do a quick look into Chad's item #1 first. That may go away. Also, we are still awaiting the engineer's certification. Chad, shall we arm wrestle for who gets to call? Charlie has one good arm. Mc From: Deb Deist Sent: Thursday, January 27, 2011 11:45 AM To: Chad Fincher; Mark Crowley Cc: Charlie Johnson Subject: RE: Westwood Park Mark, do you want to let Kathy Smith at the bank know this or should I forward the e-mail to her? From: Chad Fincher Sent: Thursday, January 27, 2011 11:36 AM To: Mark Crowley; Deb Deist Cc: Charlie Johnson Subject: RE: Westwood Park Our department still has outstanding items regarding Westwood Park; 1. Condition #11— Condition #11 required a landscape buffer between the fence and the sidewalk on the west side of the development. To my knowledge this part was never completed. I do show a note that Susie was to approve any plantings that may go in there due to the fact it was part of a drainage swell. I don't have any paperwork that states her opinion with the proposed plantings. Our department will require this still unless Susie or Public Works deems it detrimental to the drainage. 2. We have a tree planting schedule in our file; however a trip to the subdivision this morning showed that none of these plantings have occurred. (80+ trees are sch(7duled) I could not confirm that the boulevards are seeded, sodded or hydro seeded due to snow. 3. There were also issues with the trail too. Those I believe were resolved after an onsite meeting with the director of Parks and Recreation. (I don't have any mention in our file and the director is currently out of the office) Let me know if you need anything else from us. C hadfiarclier Parks Superintendent, A.PRP, CPO Kalispell Parks and Recreation P.O. Box1997 Kalispell, W 59903 (406) 758-7960 office (406) 758-7719 lax efincher@kalispell.com From: Mark Crowley Sent: Wednesday, January 26, 2011 2:44 PM To: Deb Deist Cc: Charlie Johnson; Chad Fincher Subject: RE: Westwood Park Yes, PW is still waiting for the engineer's certificate. I called Chad to see if there are any parks issues. Mc From: Deb Deist Sent: Wednesday, January 26, 2011 11:29 AM To: Mark Crowley Cc: Charlie Johnson Subject: Westwood Park I have a message from Kathy at Glacier Bank wondering where we stand with Westwood Park Subdivision. I have an e- mail from 9/4/09 that says their engineer needed to certify that the improvements are complete. Is that still the case? Debra J. Deist Treasurer 406-758-7750 ddeist@kalispell.com Deb Deist From: Chad Fincher Sent: Monday, January 31, 2011 3:04 PM To: Mark Crowley; Deb Deist Cc: Charlie Johnson Subject: RE: Westwood Park I contacted Kathy and let her know of the (3) outstanding issues. She sighed and gave the indication she was familiar with the items mentioned. I will keep you informed as we move along. Thanks Parks Superintendent, APRP, CPO Kalispell Parks and Recreation P.O. Box1997 Kalispell, MT 59903 (406) 758--79G0 office (40(5) 758-7719 fax cfincher@kalispell.corn From: Mark Crowley Sent: Monday, January 31, 2011 10:39 AM To: Chad Fincher; Deb Deist Cc: Charlie Johnson Subject: RE: Westwood Park Chad, I was able to talk to Susie this morning. With the drain under that area between the street and property line, the landscaping should be limited to herbaceous (not woody) plantings. Also, they should not raise the grade or impede flow to that drain. Public Works will be comfortable with whatever (if anything) goes in there. Thanks for taking care of this. Mc From: Chad Fincher Sent: Thursday, January 27, 2011 12:37 PM To: Deb Deist; Mark Crowley Cc: Charlie Johnson Subject: RE: Westwood Park While I'm confident I could take Charlie, I will call them if you give me Kathy's information. Let me know about my I" item and we can go from there. What is the engineer's certification for again? Thanks. C had fmcl r Parks Superintendent, APRP, CPO Kalispell Parks and Recreation P.O. Box 1997 Kalispell, MT 59903 (406) 758--7960 office (406) 758-7719 fax cfincheKg)kalispell.coxn From: Deb Deist Sent: Thursday, January 27, 2011 11:57 AM To: Mark Crowley; Chad Fincher Cc: Charlie Johnson Subject: RE: Westwood Park OK, thanks for taking care of it. May the best arm win! From: Mark Crowley Sent: Thursday, January 27, 2011 11:55 AM To: Deb Deist; Chad Fincher Cc: Charlie Johnson Subject: RE: Westwood Park I'll do a quick look into Chad's item #1 first. That may go away. Also, we are still awaiting the engineer's certification. Chad, shall we arm wrestle for who gets to call? Charlie has one good arm. Mc From: Deb Deist Sent: Thursday, January 27, 2011 11:45 AM To: Chad Fincher; Mark Crowley Cc: Charlie Johnson Subject: RE: Westwood Park Mark, do you want to let Kathy Smith at the bank know this or should I forward the e-mail to her? From: Chad Fincher Sent: Thursday, January 27, 2011 11:36 AM To: Mark Crowley; Deb Deist Cc: Charlie Johnson Subject: RE: Westwood Park Our department still has outstanding items regarding Westwood Park; 1. Condition #11— Condition #11 required a landscape buffer between the fence and the sidewalk on the west side of the development. To my knowledge this part was never completed. I do show a note that Susie was to approve any plantings that may go in there due to the fact it was part of a drainage swell. I don't have any paperwork that states her opinion with the proposed plantings. Our department will require this still unless Susie or Public Works deems it detrimental to the drainage. 2. We have a tree planting schedule in our file; however a trip to the subdivision this morning showed that none of these plantings have occurred. (80+ trees are scheduled) I could not confirm that the boulevards are seeded, sodded or hydro seeded due to snow. 3. There were also issues with the trail too. Those I believe were resolved after an onsite meeting with the director of Parks and Recreation. (I don't have any mention in our file and the director is currently out of the office) Let me know if you need anything else from us. clja lfrrcllee- Parks Superintendent, APRP, CPO Kalispell Parks and Recreation P.O. Box 1997 Kalispell, MT 59903 (406) 758-7960 office (406) 758-7719 fax cfincl er@kalispeell.com From: Mark Crowley Sent: Wednesday, January 26, 2011 2:44 PM To: Deb Deist Cc: Charlie Johnson; Chad Fincher Subject: RE: Westwood Park Yes, PW is still waiting for the engineer's certificate. I called Chad to see if there are any parks issues. Mc From: Deb Deist Sent: Wednesday, January 26, 2011 11:29 AM To: Mark Crowley Cc: Charlie Johnson Subject: Westwood Park I have a message from Kathy at Glacier Bank wondering where we stand with Westwood Park Subdivision. I have an e- mail from 9/4/09 that says their engineer needed to certify that the improvements are complete. Is that still the case? Debra J. Deist Treasurer 406-758-7750 ddeistPkaIispell.com Deb Deist From: Mark Crowley Sent: Thursday, January 27, 2011 11:55 AM To: Deb Deist; Chad Fincher Cc: Charlie Johnson Subject: RE: Westwood Park I'll do a quick look into Chad's item #1 first. That may go away. Also, we are still awaiting the engineer's certification. Chad, shall we arm wrestle for who gets to call? Charlie has one good arm. kilo From: Deb Deist Sent: Thursday, January 27, 2011 11:45 AM To: Chad Fincher; Mark Crowley Cc: Charlie Johnson Subject: RE: Westwood Park Mark, do you want to let Kathy Smith at the bank know this or should I forward the e-mail to her? From: Chad Fincher Sent: Thursday, January 27, 2011 11:36 AM To: Mark Crowley; Deb Deist Cc: Charlie Johnson Subject: RE: Westwood Park Our department still has outstanding items regarding Westwood Park; 1. Condition #11— Condition #11 required a landscape buffer between the fence and the sidewalk on the west side of the development. To my knowledge this part was never completed. I do show a note that Susie was to approve any plantings that may go in there due to the fact it was part of a drainage swell. I don't have any paperwork that states her opinion with the proposed plantings. Our department will require this still unless Susie or Public Works deems it detrimental to the drainage. 2. We have a tree planting schedule in our file; however a trip to the subdivision this morning showed that none of these plantings have occurred. (80+ trees are scheduled) I could not confirm that the boulevards are seeded, sodded or hydro seeded due to snow. 3. There were also issues with the trail too. Those I believe were resolved after an onsite meeting with the director of Parks and Recreation. (I don't have any mention in our file and the director is currently out of the office) Let me know if you need anything else from us. Parks Superintendent, APRP, CPO Kalispell Parks and Recreation P.O. Box 1997 Kalispell, MT 5ggo (406) 758.-7960 office (406) 758.-7719 fax cfincher@kalispell.com From: Mark Crowley Sent: Wednesday, January 26, 2011 2:44 PM To: Deb Deist Cc: Charlie Johnson; Chad Fincher Subject: RE: Westwood Park Yes, PW is still waiting for the engineer's certificate. I called Chad to see if there are any parks issues. Mc From: Deb Deist Sent: Wednesday, January 26, 2011 11:29 AM To: Mark Crowley Cc: Charlie Johnson Subject: Westwood Park I have a message from Kathy at Glacier Bank wondering where we stand with Westwood Park Subdivision. I have an e- mail from 9/4/09 that says their engineer needed to certify that the improvements are complete. Is that still the case? Debra J. Deist Treasurer 406-758-7750 ddeist kalispell.com City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7000 Fax - (406) 758-7758 February 2, 2010 Kathy Smith Dave McNutt Glacier Bank PO Box 27 Kalispell, MT 59903-0027 Re: Irrevocable Letter of Credit No. 01-06-287 $ 59,282.50 Project: Westwood Park Subdivision Dear Ms. Smith, I am returning the above mentioned letters of credit per Mark Crowley in the Public Works Department. If you have any questions, please call me at 758-7750. Sincerely, Deb Deist City Treasurer ddeist@kalispell.com cc Craig Denman PO Box 5420 Whitefish, MT 59937 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 RE: Modification — Irrevocable Letter of Credit No. 01-06-287 Amount (U.S. Dollars) $88,146.26 Modified Amount $59,282.50 Current Expiration Date: August 1, 2008 Modification Expiration Date: January 1, 2009 To Whom It May Concern: The above referenced Letter of Credit was established in your favor for the account of. Craig and Connie Denman — WESTWOOD PARK SUBDIVISION Effective August 12008, the amount of said Letter of Credit is hereby modified from $88,146.26 to $59,282.50 and the expiration date is extended to January 1, 2009. Please attach this Modification to the original Letter of Credit. This Agreement shall be governed by the Uniform Customs and Practice for Documentary Credits (2007 Revision) ("UCP"), International Chamber of Commerce Publication No. 600, International Chamber of Commerce International Standby Practices ISP98, (Publication ISP98) and any subsequent revisions thereof approved by the International Chamber of Commerce, unless the law of the State of issuance prohibits application of the UCP and ISP98 to this letter. Sincerely, Dave J. McNutt Vice President DJM/ks LAc6ER- IVEC May 7, 2007 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 RE: Modification — Irrevocable Letter of Credit No. 01-06-287 Amount (U.S. Dollars) $88,146.26 Modified Amount $112,771.76 Current Expiration Date: August 1, 2008 Modification Expiration Date: May 7, 2007 To Whom It May Concern: The above referenced Letter of Credit was established in your favor for the account of: Craig and Connie Denman — WESTWOOD PARK SUBDIVISION Effective May 7, 2007, the amount of said Letter of Credit is hereby modified from $ 88,146.26 to $112,771.76. Please attach this Modification to the original Letter of Credit. To the extent applicable, the original Letter of Credit and the Modification are subject to the Montana Uniform Commercial Code and the Uniform and Practice for the Documentary Credits (1983 Revision) International Chamber of Commerce Document No. 400. Sincerely, Dave J. McNutt Vice President DJM/ks website: email: �sLAC1ER BANK Letter of Credit No. 01-06-287 Dated: July 27, 2006 Expiration Date: August 1, 2008 Am.o22nt: :$150.647.00 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 We hereby establish in your favor an irrevocable Letter of Credit up to the aggregate amount of $150,647.00. at the request of Craig and Connie Denman. If Craig and Connie Denman fails to complete the specified improvements in the Westwood Park Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this Letter of Credit must accompany the final draft for payment. This Letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. GLACIER BANK Dave J. McNutt Vice President ks website: www.glacierbank.com o email: glacier@glacierbank.com MEMBER FDIC AN EQUAL OPPORTUNITY LENDER City of Kalispell Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7000 Fax - (406) 758-7758 February 2, 2010 Kathy Smith Dave McNutt Glacier Bank PO Box 27 Kalispell, MT 59903-0027 Re: Irrevocable Letter of Credit No. 01-06-287 $ 59,282.50 Project: Westwood Park Subdivision Dear Ms. Smith, I am returning the above mentioned letters of credit per Mark Crowley in the Public Works Department. If you have any questions, please call me at 758-7750. Sincerely, Deb Deist City Treasurer ddeist@kalispell.com cc Craig Denman PO Box 5420 Whitefish, MT 59937 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 RE: Modification — Irrevocable Letter of Credit No. 01-06-287 Amount (U.S. Dollars) $88,146.26 Modified Amount $59,282.50 Current Expiration Date: August 1, 2008 Modification Expiration Date: January 1, 2009 To Whom It May Concern: The above referenced Letter of Credit was established in your favor for the account of. Craig and Connie Denman — WESTWOOD PARK SUBDIVISION Effective August 12008, the amount of said Letter of Credit is hereby modified from $88,146.26 to $59,282.50 and the expiration date is extended to January 1, 2009. Please attach this Modification to the original Letter of Credit. This Agreement shall be governed by the Uniform Customs and Practice for Documentary Credits (2007 Revision) ("UCP"), International Chamber of Commerce Publication No. 600, International Chamber of Commerce International Standby Practices ISP98, (Publication ISP98) and any subsequent revisions thereof approved by the International Chamber of Commerce, unless the law of the State of issuance prohibits application of the UCP and ISP98 to this letter. Sincerely, Dave J. McNutt Vice President DJM/ks FDIC A I GLAcIER BANK May 7, 2007 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 RE: Modification— Irrevocable Letter of Credit No. 01-06-287 Amount (U.S. Dollars) $88,146.26 Modified Amount $112,771.76 Current Expiration Date: August 1, 2008 Modification Expiration Date: May 7, 2007 To Whom It May Concern: The above referenced Letter of Credit was established in your favor for the account of: Craig and Connie Denman — WESTWOOD PARK SUBDIVISION Effective May 7, 2007, the amount of said Letter of Credit is hereby modified from $88,146.26 to $112,771.76. Please attach this Modification to the original Letter of Credit. To the extent applicable, the original Letter of Credit and the Modification are subject to the Montana Uniform Commercial Code and the Uniform and Practice for the Documentary Credits (1983 Revision) International Chamber of Commerce Document No. 400. Sincerely, g�ll;;�41 Dave J. McNutt Vice President DJM/ks _.� .____ . --- OAGLACIER SO BANK Letter of Credit No. 01-06-287 Dated: July 27, 2006 Expiration Date: August 1, 2008 A mount: $150.647,00 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 We hereby establish in your favor an irrevocable Letter of Credit up to the aggregate amount of $150,647.00. at the request of Craig and Connie Denman. If Craig and Connie Denman fails to complete the specified improvements in the Westwood Park Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this Letter of Credit must accompany the final draft for payment. This Letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. GLACIER BANK Dave J. McNutt Vice President ks MEMBER FDIC AN EQUAL OPPORTUNITY Deb Deist From: Mark Crowley [mcrowley@kalispell.com] Sent: Friday, September 04, 2009 2:34 PM To: 'Deb Deist' Subject: RE: Westwood Park Subdivision - Denman Categories: Red Category Per our policy, their engineer needs to certify the improvements are complete. Then we can release it. I called Kathy and left her a message to that effect. We recently had issues on another project by this developer. He had not paid the engineer and so the engineer quit providing services. I hope that is not the case here. Mc From: Deb Deist [mailto:ddeist@kalispell.com] Sent: Monday, August 31, 2009 12:25 PM To: 'Mark Crowley' Subject: Westwood Park Subdivision - Denman Hi Mark, Kathy in the Commercial Loan Department of Glacier Bank would like to know where Westwood Park subdivision stands? The letter of credit expired January 1, 2009. They can't release the deed of trust until they have the original letter of credit back. Debra J. Deist Treasurer City of Kalispell 201 1 st Ave. East Kalispell, MT 59901 Phone 406-758-7750 E-mail: ddeistakalispell.com ri d- City of Kalispell Public Works Department Post Office Box 1997, Kalispell, Montana 59903-1997 -Telephone (406)7.58-7720, Fax (406)758-7831 MEMORANDUM August 1, 2008 To: Deb Deist, City Treasurer From: Mark Crowley, Construction Manag Re: Westwood Park subdivision The developer has requested a reduction of the amount of financial security to $59,282.50 for the referenced project. A recent examination of the referenced project was performed. Public Works Department City of Kalispell concurs that the items remaining to be constructed are as they appear in Exhibit B, as prepared and signed by Denman Construction (attached). The revised completion date is October 31, 2008. The expiration date of the letter of credit is January 1, 2009. The developer is providing financial security in the form of a letter of credit in the amount of $59,282.50 (#01-06-287 attached). The letter is to be stored in our vault in accordance with our city policy. Please return the existing security to the Developer. Cc: Planning Department without attachments Glacier Bank; 202 Main Street; Kalispell, MT 59901 Denman Construction Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 RE: Modification — Irrevocable Letter of Credit No. 01-06-287 Amount (U.S. Dollars) $88,146.26 Modified Amount $59,282.50 Current Expiration Date: August 1, 2008 Modification Expiration Date: January 1, 2009 To Whom It May Concern: The above referenced Letter of Credit was established in your favor for the account of: Craig and Connie Denman — WESTWOOD PARK SUBDIVISION Effective August 12008, the amount of said Letter of Credit is hereby modified from $88,146.26 to $59,282.50 and the expiration date is extended to January 1, 2009. Please attach this Modification to the original Letter of Credit. This Agreement shall be governed by the Uniform Customs and Practice for Documentary Credits (2007 Revision) ("UCP"), International Chamber of Commerce Publication No. 600, International Chamber of Commerce International Standby Practices ISP98, (Publication ISP98) and any subsequent revisions thereof approved by the International Chamber of Commerce, unless the law of the State of issuance prohibits application of the UCP and ISP98 to this letter. Sincerely, 4—/-� Dave J. McNutt Vice President DJM/ks A GLAcIER -ABANK May 7, 2007 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 RE: Modification — Irrevocable Letter of Credit No. 01-06-287 Amount (U.S. Dollars) $88,146.26 Modified Amount $112,771.76 Current Expiration Date: August 1, 2008 Modification Expiration Date: May 7, 2007 To Whom It May Concern: The above referenced Letter of Credit was established in your favor for the account of: Craig and Connie Denman — WESTWOOD PARK SUBDIVISION Effective May 7, 2007, the amount of said Letter of Credit is hereby modified from $88,146.26 to $112,771.76. Please attach this Modification to the original Letter of Credit. To the extent applicable, the original Letter of Credit and the Modification are subject to the Montana Uniform Commercial Code and the Uniform and Practice for the Documentary Credits (1983 Revision) International Chamber of Commerce Document No. 400. Sincerely, Dave J. McNutt Vice President DJM/ks GLACI � BANKER Letter of Credit No. 01-06-287 Dated: July 27, 2006 Expiration Date: August 1, 2008 A,Ynmint: $1.50�647.00 Kalispell City Council City of Kalispell P. O. Box 1997 Kalispell, MT 59901 We hereby establish in your favor an irrevocable Letter of Credit up to the aggregate amount of $150,647.00 at the request of Craig and Connie Denman. If Craig and Connie Denman fails to complete the specified improvements in the Westwood Park Subdivision within the time period set forth in the attached Improvements Agreement, we will pay on demand your draft or drafts for such funds, to the limit of credit set forth herein, as are required to complete said improvements. All drafts must indicate the number and date of this Letter of Credit and be accompanied by a signed statement of an authorized official that the amount is drawn to install improvements not installed in conformance with the Improvements Agreement and specifying the default or defect in question. All drafts must be presented prior to the expiration date stated above, and this Letter of Credit must accompany the final draft for payment. This Letter may not be withdrawn or reduced in any amount prior to its expiration date except by your draft or written release. GLACIER BANK Dave J. McNutt Vice President ks website: www.glacierbank.com e email: glacier@glacierbank.com MEMBER FDIC AN EQUAL OPPORTUNITY LENDER