SIA Phase 1SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, ode and entered into this 10'h day of November,
oo , by and between the CITY OF KALI SPELL
of Flathead County, Montana, Marty of the First Tart and hereinafter refereed to as the
CITE., and CHARLES AND DICKEY APP:,
(amc of Dev ei op)
INDIVIDUALS
(individual., Company or Corporation)
located at 3230 COLUMBIA FALLS STAGE ROAD, COLUMBIA FALLS, MT. 59912
(street Address/P.O. Box) (City, County, Stale, zip)
Party of the Second dart and hereinafter referred to as DEVELOPER.
WITNESSETH.
THAT WHEREAS, , the Developer is the owner and developer of a new
subdivision known as BLUE HERON ESTATES NO. 1
located
e of Subdivision)
located at E I frf , E 1 / �j !, SEC. , T. 8N.., R.22W.., Pa M. M., FLATHEAD HEAD COUNTY,
MONTANA
(Location. of Subdivision)
and,
WHEREAS, the City has conditioned it" s approval of the final plat o
BLUE BE .. .N ESTATES NO. 1, upon the conditions as set forth
(Nam of u divisioR)
in the Resolution 4784 being completed and all improvements, as cited in EXHIBIT B
have not been completed at this tine, and the Developer wishes to bond for the
completion of those inpro ements set forth in EX.FffBiT � and
WHEREAS, the City's Subdivision Regulations require that a subdivider ider shall
provide a financial security of 1 % of the estimated total cost of construction of said
improvements as evidenced by an estimate prepared by a licensed public engineer
included herewith. as "E hih it ""; and
WHEREAS, the estimated total cost of construction of said in pro `el ents 1s the
sum of 1 0� 0 4.1 ,
NOW TI-ERE' R in consideration of the approval ofthe final plat of said
Subdivision by the City, the Developer hereby agrees as follows --
I The Developer shall deposit as collateral with the City a Letter of Credit, or
other acceptable collateral as determined by the Kalispell City Council, in
the annount o 1 ,80,1. . Said Letter of Credit or other collateral shall
have an expiration date of at least sixty days following the date set for
completion ofthe improvements, cerutymg the following:
a. That the c red lto r guarantees ftmd s In the sun of $162,580.15 the
estimated cost of completing the required improvements In
BLUE HERON ESTATES NO. 1
(Na= 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
cornplet ion for those improvements up to the limited of credit stated 1n
the letter;
. That said required improvements shall be fully completed by
TOE .1 , 2004
. 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 m mirnurn standards
specified by the City for their construction and that the Developer
warrants said improvements against any and all defects for a penod 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 M those improvements;
d. That these nnprovements 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 Bled with the City copies of the final plans,
profiles, grades and specifications of said u' mparovements, with the
certification of the registered professional engineer responsible for them
preparation that ah required improvements have been Mstalfed M
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN TIE PARTIES HERETO
FOLLOWS., -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 unpro ve ents are not constructed i
compliance with the specifications, it shall wish the Developer with a list o
specific deficiencies and may withhold collateral sufficient to immure sure
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 mprover ent or improvements m accordance with the
specifications} The unused portions of the collateral shall be returned to the
Developer or the crediting M'stitution, as is appropriate.
IN WIGS WfMREF, the Parties have hereunto set their hands and
seals the day and year herein before uteri
BLUE HERON ESTATE
(Nate: of SubdivisionM rt
by
h lei ap, Owner
by k
Mickey Lapp, Owner
3
STATE OF M NT N
COUNTY O
On this day of f r_ before me, a Notary
Public for the State of Monti personally appeared
Known to me to be the f f : �-
�ose name is subscribed to the for going m-strument and acknowledged to me
that he/she executed the tee*
fN WITNESS VqW RE O ', I have hereunto set my hand and. affixed my
Notarial Seal this. day year first above written.
Notary Publid or the of'Montana
�I
Residing at
My Commission Expires -_-
EXFHBIT B
This agreement specifically 'Includes the followmg tmprovements, their
projected construction completion date and estimated construction costs.
CHECK CONSTRUCTION ESTIMATED
��
APPROPRIATE COMPLETION CONSTRUCTION
IMPROVEMENTS BOX DA"IYECOSTS
Street Grading/Paving X 10/ 15 / $305397.82
Street Base X COMPLETED
Curbs and Gutters X 10/15/04 $ 5,11.6.30
Sanitary Sewers
Mains X 10/ 5/04 $15,050.00
Other (manholes COMPLETED
On -Site Sewage
Facilities X COMPLETED
Watcr Systems
Mains X COMPLETED
Other
On -Site Water Supply
Water Storage Tanks
Fire Hydrants X COMPLETED
Storm. Sewer or
Drainage Facilities X COMPLETED
Street Signs X COMPLETEDf`f Jr.
Street Lighting X COMPLETED � 12 7 -3 2 P EAN r
A
Street Monuments X COMPLETED
IV AL
Survey Monument Boxes
Landscaping & fly plain delineation 10/15/04 $10,000.00
Other
TOTAL PROJECT COST = $5 7,590.10 SUBTOTAL $130,0 .12 30,6
EELS
TOTAL COSTS $130,064.12
TOTAL COLLATERAL (TOTAL COSTS X 125%) $16211580.15
Z
THE CITY OF KALI SPELL
rwAk
ATTEST:
f�
Pamela Kennedy, Mayor of Kalispell it rk
.. a*- 111 i1..01
Conditions o approval as fixed to the pre l�mary plat by the City of Kalispell.
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