SIA Phase 3SUBDIVISION P"ROVEMIENT AGREEMIENT
TMS ,AGREEMENT, made and entered into this � day of November,
2005, y and between the CITY OF KALIS E L
of Flathead County, Monte Ply of the First Part and hereinafter refereed o as the
CITY, and CHARLES AND MICKEY LAPP,
(Name, of Developa
INDIVIDUALS
(ffiivies, Comps orCorporation)
located at 3230 COLLTMBIA FALLS STAGE ROAD, Co UMIA FALLS, MT. 59912
(SUM ems _ . Box) (City, cmmty, Ste, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WINESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new
subdivision known as BLUE HERON ESTATES N. 3
(Now of Subdivision)
located at SE , SE , SEC. 21, T.2 N., R. 2W*, P.M.,M*, FLATHEAD COUNTY,
MNTAN
(Locafin of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
BLUE HERON ESTATES NO, 3 , upon the conditions as set fob
(Name ofSubdivision)
in the Resolution 4784 being completed and all improvements, as cited M EXHIBIT
have not been completed at this time, and the Develop wishes to bond for the
completion of those improvements set forth In EXHIBIT ; and
VVMREAS, the City's Subdivision Regulations re m that a slider shall
provide a kcal see y of 125% of the estimated tom cost of construction of mid
improvements as evidenced by an estimate prepared by a licensed public engineer
included herewith a "Exhibit "; and
VVMREAS, the cited total cost of construction of sm'd m'provements is the
sum o $5,4 10. 00.
NOW THEREFORE in consideration of the approval of the final plat of said
Subdivision by the City, the Developer hereby agrees as follows:
The Developer shall deposit as collateral with the City a Letter of Cruet, or
other acceptable collateral as determined by the Kalispell City Council, i
the amount o $ ,' 6 .5o, Said Letter of Credit or other collateral shall have
an expiration date of at least sixty d.ys following the die set for
completion of the improvements, certifying; the following
IT S ALSO AGREED BY AND BETWEEN THE PARS HERETO AS
FOLLOWS, TO - WIT:
mat the Developer shall provide for inspection of all required improvements
y a registered professional engineer before the Developer shall be released from
the Subdivision Improvement Agreement.
That if the City Detennm*es that any improvements are not constructed in
compliance with the specifications, it shall his . the Developer with a list of
specific deficiencies and may withhold collateral sufficient to insure sure
compliance. If the City detennines that the Developer Will not construct any or
all of the improvements in accordance With the specifications, or wifliin the
re vered time limits, it may withdraw the collateral and employ such funds as may
be necessary to construct improvement or improvements in accordance with the
specifications. The unused portions of the cofl teral ski be reed to the
Developer or the crediting institution, s is appropriate.
IN WITNESS WHEREOF, the Peres have hereunto set their ids and
seals the day and year herein before Witten.
by
by
BLUE HERON PTATES N. 3
CharlLaPP, Owner
Mickey Lapp, der
STATE OF M N ANA
COUNTY OF
--Y,f
n this day : - � , L. before me, a Now
Public for the State of Monte personally appeareda-AZ� �jy�
Know to me to be the of 2�
Whose name is subscribed to the"'foregoing instrumentand acknowledged to me
thathe/she executed the same.
IN WITNESS WPC, have hereunto set my � and wed m
N to �- Seal this day v year first above written.
r .y
Notary Rublic fdf the StaMontana
Residing at
My Commission Expires q-41'- 617
EXHIBIT
This wee.ent specifically m'dudes the followm'g hnnts, -ffieir
ejected construction completion date and estimated construction cow*
CHECK CONSTRUCTION ESUMA' D
APPROPRIATE COMPLETION CONSTRUCTION
1W.VEMENTS BOX DATE COSTS
Street Gradmg/Pi
X
1/ 5 06
$500.00
Street .tee
X
COMPLETED.
Sidewalks
X
1 2 55
S810.00
Curbs and Gum
X
COMPLETED
Sanitary Sewers
Maw
X
COMPLETED
t .er (manholes
COMPLETED
-Site Sewage
Facilities
X
COMPLETED
'Water Systems
Mains
X
COMPLETED
Other
On -Site Water Ste.
Water Storage Twiks
Fire Hits
X
COMPLETED
A
Storm Sewer or
001 4
Drainage Facilities
X
COMPLETED
Street Signs
X
CMW.ED
22-
Sftd Lighting
X
COMPLETED
Street Monuments
X
COMPLETED
NAL
Survey Monument Boxes
Landscaping
1 2 5
$4,3100.00
Other
TOTALCT COST = $3309000.00 SUBTOTAL $51,1 ; w4%
FEES
TOTAL COSTS S5,41 0.00
TOTAL COLLATERAL (TOTAL COSTS X 125%) $6,762.50
R
THE CY F KALISPELL
Ow
ATTEST:
y.
Pamela Km dy, Mayor of Kalispell City Clerk
EXHIBIT A
Conditions approval as fixed to the m*u'ary plat by the City of Kalispell.
ALA ffiOUNTAIN
IMMENNEW
7�
WEST BANK.,
IRREVOCABLE LETTE CREDIT
Letter of Credit# 14
Date: December 12, 2 005
Amount: $6762.50
City of Kalispell
3 12 1 " Avenue East
Kalispell, MT 59901
We hereby estahilsh in your favor an irrevocable letter of credit up to the aggregate
amount .nt of Sig. Thousand Seven Hundred Sixty Two Dollars and 50 100 d lars
($6,762.50) at the request of Charles and Mickey Lapp.
If Charles and Mickey Lapp fail to complete the specified improvements the Blue
Heron Subdivision phase III within the time period set forth in the attached
Improvements Agreement, we NN1111 pay on demand your draft or drafts for such funds, to
the limit of credit set forth herein, as are required to complete said improve ne ts. All
drafts must indicate the number and date of this letter of credit and be accornp .nied by a
signed statement of an. authorized official that the amount .t is drawn to install
improvements not installed in co. fonnance with the Improvements Agreerrient 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.
Steven L . Moss
Vice President/Commercial Loan Officer
Attachment
1 SPOKANE AVENUE WHITEFISH, MONTANA 59937 o 4 - FAX 4 —, ,?O o, w r r. t r sta . e