SIA - Southside Estates (Amended Completion Date) (Recorded)Return to:
Aimee Brunkhorst
Kalispell City Clerk
201 1" Avenue East
Kalispell, MT 59901
II II II I� I �I�I �II�O 11I �� I I III (! I� II II 204040
Page:ge: I of 4
Fees: $28.00
Debbie Pierson, Flathead County MT by SC 9/26/2017 3:00 PM
SUBDIVIISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 13th day of September , 20 17 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
Team Development, LLC _ (Name of
Developer)
a Limited Liability Corportation
(Individual, Company or Corporation)
located at PO Box 1642 Brush Prairie, WA 98606
(Street 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
Southside Estates Oubdivieien (Name of
Subdivision)
located at NHN Pintail Dr—Sw 1/4 SE 1/4, S19, T28N, R21 W
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Southside Estates-&ttbdiai9ie , 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
$ 1,457,685.00
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 $ 692,400.00 . 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 $ 692,400.00 the estimated cost of
completing the required improvements in Southeide Estates 6nbdivasie�►
(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 December 31st , 20 17
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 two (2) years 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.
Southside Estates Subdivision/Team Development, LLC
(Name�bdivision/Deve oper )
by Brian Wells, Manager
(Title)
STATE OF h��1 Or-e �.oij
COUNTY OF W J.-Sh i dtej ro ,j
On this day of ��'� , 20, before me, a Notary Public for the State
of personally appeared ,yl� Stan �ew known to me to be the
0Lis ,6" of 15(A4-+1nei Je BtU±t j . 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.
OFFICIAL STAMP
Notary Public forYhe State of MaRtmm O ,reo'OMINIQUE MARIE TOEWS
y� lDr.•r NOTARY PUBLIC - OREGON
Panted Name �i V1 I Q ue (3�W �. COMMISSION N0. 962332
Residing at Vj",5"Q�v°t �U-V1.N ^
qv !�s1tvIMiSSION EXPIRES MAY 07, 2Q21
My Commission Expires W"_11 a)-Z-1 ---
CITY MANAGER, CITY OF KALISPELL ATTEST:
DOU SS L CITY CLERK ` V
lddllii
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B See Attached Engineer's Estimate
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 Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( }
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping/Boulevard trees
Other ( )
SUBTOTAL S 553,920.00
FEES Inc Above
TOTALS COSTS $ 553,920.00
TOTAL COLLATERAL (TOTALS COSTS X 125%} $ 692,400.00