SIA/Amended Plat Lot 2 (Recorded)Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
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Paula Robinson,, Flathead County mi by DD 4/39/1006 3:40 Pm
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 3 rd day of
April , 2008 , by and between the CITY COUNCIL, CITY OF
KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the
CITY, and
Kellco LLC , (Name of Developer)
r a Limited Liabilily Corporation
(Individual, Company or Corporation)
located at _ 1045 South Main St., Kalispell, MT 59901
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
IT T WHEREAS, the Developer is the owner and developer of a new subdivision
known as Amended Plat of Lot 2 of Western Acres
I(Name of Subdivision)
located at 1308 7hAve west_ Kalispell. MIT 59901
,(Location of Subdivision) and,
=WHEREAS, the City has conditioned it's approval of the final plat of Amended Plat of
s.v -Lot 2 of western Acres 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
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Paula Robins , Flathead county MT by oo 4/25/200e 3 no.vw
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$21200, .
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
$ 3 120 .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 $ 3 120 the estimated
cost of completing the required improvements in Amended Plat of Lot 2 of Western
Acres (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
before.
June of 2009 or
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.
Paa°osiAi�u�uaiiNiiiuuiuuu s3a
.o,2ao0 Paula Robinson, Flathead County HT by DD 4/29/2008 3:60 Pm
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.
Amended Plat of Lot 2 of Western Acres
(Name of Subdivision/Developer/Firm)
by _Ke11co, LLC
'000 for —
(Title)
STATE of MONTANA.
COUNTY OF J�L
On this �3�" day of 20��, before me, a Notary
p�Public for the at of Montana, personally appeared
mod'-.13re ff ke /fyfknown to me to be the
of f c W whose name is
subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same.
IN WITNESS WHEREOF I have h4 hat
o
this day and year first above written �� �;..•- '••.,o 0
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d and affixed my Notarial Seal
ATTEST:
CITY CLERK
III II II III�II� I II IIN II� � uIIIIII IIINe 11 Page: efg85
Fees: 428.00
Paula Robinson, Flathead County MT by DO 9/39/30083:40 PM
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell,
Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected
construction completion date and estimated construction costs.
CHECK CONSTRUMON ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
DAPROVEMENTS DATE COSTS
Street Grading/Paving
Street Base
Sidewalks X 6/1/09 $1740. 0%
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 X 6/1/09 $755. 0%
Other ( )
SUBTOTAL $21495
FEES
TOTALS COSTS 495
TOTAL COLLATERAL (TOTALS COSTS X 125%) $3.2119_