Phase 2 SIA (Recorded)1
Return to:
Theresa white
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
U H1 IW IN II t 1111111 I1 I t 111111I F e6°$35 00 3
r,wa Robinson, riam.+a county MT by oo 4/29/200e 3:40 cw
APPENDIX E
SUBDMSION IMPROVEMENT AGREEMENT
TINS AGREEMENT, made and entered into thial da of A� b and
Y Y
7
between the CITY COUNCL, CITY OF KALISPELL, Party of the First Part and hereinafter referred to
as the CITY, and Kalispell Bowser Creek Associates,, .LLC (Name of
. , ... , . ,. ., ._,.,.,...,..,,..--
Developer) a Com an (Individual, Company or Corporation) located at 121
Spear Streety. Suite 250, San Francisco, CA 94105 (Street Address/P.O. Box) (City, County, State,
Zip), Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
4)-
Cx0 I THAT �EREAS, the Developer is the owner and developer of a new subdivision known as AWen
Creek j (Name of Subdivision) located on a Portion of Tract 2 C.O.S. 15888, Section 11,
ownshi 28North Ran a 22 west (Location of Subdivision-) and,
SC- aZ. f "SV— �
wHEREA.S, the City has conditioned it's approval of the final plat of Aspen Creek (Name of
Subdivision), upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed
�•► and all improvements, as cited in Exhibit Ahave not been completed at this time, and the Developer
wishes to bond for the completion of those improvements set forth in "Exhibit A"; and
WREAS, the Cit's Subdivision Regulations require that a s bd v der shall provide a financial
security of 125% of the estimated total cost of construction of said improvements as evidenced by an
estimate prepared y �. lic�nsed_publi engineerjacluded herewith_ as - Exhibit.B ,. and
WHEREAS, the estimated total east of construction of said improvements is the sung of $ ��,40�■00
.4
Now, T`�REFoR.E, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
N
L
C ATRI-CGREProjectslAspen Creeklword\StA Phase 21SUBDIVISION IMPROVEMENT AGREEMENT.doc
11111IIWIIIdIIINIIINIIINIIINIIIVIIIRIIIglllallll Fie.°s,�oo93
County Mr by oo a/'+9/2ooe a:ao vw
Paula Robinson, Flathead
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable
collateral as determined by the City of Kalispell, in the amount of $ 85,000.00 . 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 $ $S,OD .a the estimated cost
of completing the required improvements in __Ashen Creek Phase Z _.
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 limit of credit stated in letter;
2. That said required improvements shall be fully completed by November 15, 2008.
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 actualconstruction costs has beenfiled 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 substantial conformance with said specifications.
IT IS ALSO AGREED BY AND ETIC_ P RTILES TO 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.
CATRI-CORETrojects\Aspen Creek\Word SIA Phase 21SIJMMSION IMPROVEMENT ACREEMENT.dae
III�IIIVIIIVIIIVIII�IIIMIIIVIIINIIIIIII�IIIAIIIIIIIIYIIIVIIINIIInlllnllll Page°3a,=5B3
vnw: Robinson, Flathead county rni by oo a/as/]oo6 eo�aw
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council,
Kalispell, Montana.
EXE11BIT 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 Grading/Paving
X
Complete
$1363,786.97
100%
Sidewalks
X
Complete
$72,250.00
100%
Curbs and Gutters
X
Complete
$48,615.00
100%
Private Accessways
(2 locations)
X
Nov-08
$30,000.00
0%
Sanitary Sewers
Mains
X
Complete
$1239725.00
100%
Other
N/A.
On -Site Sewage Facilities
N/A
Water Systems
Mains
X
Complete
$1373,8 2.46
100
Other (
N/A
Fire Hydrants
X
Complete
$231553.60
1.00%
Storm Sewer or
Drainage Facilities
X
Complete
$35,358.00
100%
Street Signs
X
Nov--0 8
$240.00
5 8.3 %
Street Lighting
X
Complete
PAID TO FEC
100%
Street Monuments
NIA
Survey Monument Boxes
NIA
Landscaping/Boulevard trees
X
Nov-08
$301000.00
100%
Other (Screening at South
Boundary-62x5' conifer trees
13' O.C. Pathways)
X
Nov-08
$30 000.00
0%
Other (LISPS Mailboxes)
X
Nov-08
$11500.00
0%
Other (Emergency Access
I nproven ents)
X
Nov -OS
$61400.00
0%
SUBTOTAL
$68,000.00
FEES
$0.00
TOTALS COSTS
$689000.00
TOTAL COLLATERAL, (TOTALS COSTS X 125%)
$851,000.00
CATRI-CORETrojects\Aspen Creek\Word\SlA Phase MUBDIVISION IMPROVEMENT AGREEMENT.doe
IIIINCINNIeIIIdIIIC111�1119111811191119111NIIINIIIdlll0111p1119111�1111 a,g;°ae„583
Paula Robinson/ Flathead County MT by DD 4/29/200e a 00 ven
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
Kalispell Bowser Creek Associates, LLC
a Montana limited liability company
By: VPI, Inc. a California Corporation,
its Manager
By: � Date:���
Name: L . Rr
Its:F�res�c�ir►-}—
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On 10-4 ,before me, l`�✓lrA �'''�e�-- a Notary Public in and for said
County and State, personally appeared, 'bebrz" L. Pe r- r 4.4 ,personally
known to me (or proved to me on the basis of satisfactory evid nce) to be the person(s) whose name(s)
is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s)
or the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal
DONA GGMEZ
►' 4
s Commission # 1468942
. Notary Public - California
z 6 San Francisco County y
C'('10 MYComm.CommExpires Fete 8, 2008
P
igna ure o otary (for notary seal or stamp)
MAYOR, CITY OF K LISPELL
ATTEST. -
CITY CLERK
J:120051K05-0741K05-074-005 Bowser Creek -Phase 2 Final F1.aE1WoY•d�SUBDIVISION IMPROVEMENT AGREEMENT.doc
III I� �I �II�III I�III IIX III n fll�lu�� 111111 vage��of583
Fees: $35.00
Paula Robinson, Flathead County MT by DD 4/19/2008 3:40 PM
CERTIFICATE of ENGINEER
I, William D. Boger, a Licensed Professional Engineer in the State of Montana, acting on behalf of
Kalispell. Bowser Creek Associates, LLC, do hereby certify:
Estimated costs in Exhibit B attached hereto are true and accurate;
Work completed has been completed in accordance with the approved plans and specifications, standards
of the City of Kalispell and the State of Montana.
Dane this // "day APR IL of, 2008.
Certificate of Notary
State of Montana
County of Flathead
t) 11"
Ae44
William D. Boge #16282PE
TIN-
On this /I day of PJR!�4= s e undersigned, 2008 before me tha Notajy Public for the State
of Montana, personally appeared KttY4&sq 0. f 5*t - , known to me to be the person whose
name is subscribed to the forgoing instrument and acknowledged to nee that he executed the same.
Notary Public for ihe State of KCO[ TA'X(At
Residing. at
a :tik`
My Commission Expires on
roz
N OTA RY '. S'- l A L
yam,; � '�a4 em _� •_• 1�
a �
�,Yc.ks J Y-&A:0--eMAA