Loading...
SIA Phase 2SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 1 Whday of November, oo , by and between the CITY OF KALI PELL of Flathead County, Montar a� Party of the First Part and hereinafter refereed to as the CITY, and CHARLES AND NUCKEY LAP, am of Dever') EVDIVIDUALS (Individual, Comfy or Co' r€tion) located at 3230 COLUMBIA FALLS STAGE ROAD,, COLUMBIA FALLS, MT. 59912 (tma Address/P-_ Box) (City, courdyf s, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as BLUE BERON ESTATES NO. 2 014mne of Subdivision) located at SE /4, SE 1 / , SEC. 21P . 1 ., .2 W., P.K.M., F HEAD COUNTY, MN TAN A (Location of Subdivision) WHEREAS, the City has conditioned it's approval of the final plat of BLUE BE . N ESTATES NO. 2, upon the eo ndit io ns as set forth (Nam of subdivision) in the Resolution 4784 being completed and all improvements, as cited in EXHIBIT have not been conipleted at this tirne, and the Developer wishes to bond for the completion of those im ro ements set forth in EXLHBIT ; and WHEREAS, the it 's Subdivision Regulations require that a subdivider 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 mel .ded herewith as 'Tambit B il and WHEREAS, S, the estimated total cost of construction of said �provernents the sure of , o.00. NOW THEREFORE, in consideration of the approval of the fmM plat of said ubdi i to b 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 d.etern n.ed by the Kalispell City Council, in the amount of$ , 00.00. Said Letter of Credit or other collateral shall have an expiration date of at least suety (60) days following the date set for completion of the improvements, certifying the follo�ng; a¢ That the creditor guarantees funds in the sum of $451,500.00, the estimated cost of completing the required improvements i BLUE HERON EST TE NO. ( a= of Subdivision) h} That if the Developer fails to complete the specified improvements within the required period, the creditor widl day to the City immediately, and without ffirther actionI such funds as are necessary to fmancc the completion for those iurovements up to the limited of credit stated in the left r; . That said required improvements shall be fally completed by That upon completion ofth required improvements, the Developer r shall ear to be filed with the City a statement ertifyin.g that: a.. .ill required m1prove rents are complete, h. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer vaunts said improvements against any and all defects for a pond of one l year from the date of acceptance of the completion of those 4 rovements 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; c. That a schedule of actual construction costs has been filed with the City; and9 f All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of the fmai 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 S FOLLOWS-, -SIT-. That the Developer shall provide for ipectiOn of all required improvements by a registered profession) engineer before the Developer sball be released from the Subdivision Improvement Agreement. That if the City Determines that any improvements are not constructed compliance with the specifications, it shall wish the Developer with a list o speck deficiencies and may withhold coflateral sufficient to pure SUx convIianc . If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or wither the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct u'Wrovement or improvements in accordance with the specifications. The unused portiom of the collateral sal be retumed to the Developer or the crediting Mstitutiom as is appropriated IN WITNESS WHEREOF,, the Pies have hereunto set their hid.s and seals the day and year herein before written. BLUE HERON ESTATES NO. (Name of:SubdivisioWDe"ve/Firm) by ... . C . ...... . - - - - - P ON by Mickey Lapp, Owner STATE 01F M N AN COUNTY OF r .; n this day of r r before me a Notary Public for the State of Mont, pner a p t � Known to me to be the of Whose name is subscribed to th6 fo gom*g instrument and acknowledged to me that he/she executed the same. IN WITNE S S WHEREOF, I have hereunto set my band and affixed m Noll Seal this d year first above written. IIZY'&in Notes li or the�taiio of Mont Residing My Commission Expires Z/- '� -c EXHIBIT B This agreement specifically MCludes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APROPRIAi COMPLETION CONSTRUCTION M-P OVEM ; TS BOX D TV COSTS ............... . Street Grading/Paving x COMPLETES Street Base x COMPLETED Curbs and Gutters x COMPLETED Sanity Sewers Mains x COMPLETED Other (Manholes f COMPLETED On -Site Sewage �� Facilities x CONTLETED Watr Systems Mains x COMPLETED Other On -Sits Water Supply Water Storage Tales `ire 0c)T Hydrants COMPLETED Sty Sewer r ,,r or E 1,41- j���'yyy Dmage Facilities COMPLETES 12 76 Street Signs x COMPLETED { Street Lighting x COMPLETED Street M.onuments x COMPLETED Survey M.onurnentBoxes Landscaping 8/ 15/04 10�000.00 Other TOTAL PROJECT COSH` = $197,922.90 SUBTOTAL $36,400,00 (18,4%) FEES TOTAL COSTS �400,00 TOTAL COLLATERAL (TOTAL COSH'S X 125%) S45,500.00 5 CITY OF KALIELL ATTEST: Pamela. Kennedy, Mayor of Kalispell City Clerk 10M_�* Conditions of approval as fixed to the preliminary plat by the Cite of Kalispell.