Phase 1 SIAReturn to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell., MT 59903
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this ' day of _ by and
between the CITY COUNCIL, 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 Corporation (Individual, Company or Corporation) located at 121
SIzear Street. Suite 250 an Francisco CA 94105 (Street Address/P.O. Box) (City, County, State,
Zip), Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Ashen
Creek (Name of Subdivision) located on a Portion of Tract 2 C.O.S. 15888 Section 11
Township 28North, Range 22_West (Location of Subdivision) and,
WHEREAS, 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 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
WHEREAS, the estimated total cost of construction of said .improvements .is the sum of $ 547,504.16
NOW, THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
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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 $ 547,504.16 . 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 $ 547,504.16 , the estimated cost
of completing the required improvements in Aspen Creek Phase 1 .
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, 2006 .
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 substantial conformance with said specifications.
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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 employee 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.
WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
e written.
(CCC ATACRCD SiQWA-ruev PAfae
Kalispell
By:
(Title)
STATE OF
COUNTY OF
Creek Associates, LC
On this day of
Montana, personally appeared,
of
, before me, a Notary Public for the State of
known to me to be the _
whose name is subscribed to
the foregoing instrument, and acknowledge to me that he/she executed the same.
n Witness Whereof, I have hereunto set my and and affixed my Notarial Seal this day and year first
above written.
Notary Public for the State of
Residing at:
My Commission Expires:
MAYOR, CITY OF KALISPELL
MAYOR
ATTEST:
CITY CLERK
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SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT
ASPEN CREEK - PHASE I
Kalispell Bowser Creek Associates, LLC,
a Montana limited liability company
By: VPI, Inc., a California corporation,
its Manager
Date: &12-2 0
Name: D& ra r 7
Its:
STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
On _ 127- 0,t' -before me, Ana 6md17a Notary Public in and for said
County and State, personally appeared Pelor^ L. P e_rr, , personally known to
me (or proved to me on the basis of satisfactory evidence) to be thb 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.
a ®,
nature o otary
�--ae--,
DONA GOMEZ
Commliss[on
. ,
a ` ._° •
��er
# 1468942
Notary Public - Cafffornia
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My
San Francisco Courtly
Comm. Expires Feb 8, 2008
qwmw-
(For notary seat or stamp)
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
CONSTRUCTION
ESTIMATED
PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION
COMPLETE
IMPROVEMENTS
DATE
COSTS
Street Grading/Paving
X
Nov-06
$166,775.97
25%
Street Base
X
Aug-06
$54,308.85
50%
Sidewalks
X
Oct-06
$75,887.50
0%
Curbs and Gutters
X
Oct-06
$80,730.00
50%
Sanitary Sewers
Mains
X
Complete
$268,850.00
100%
Other (.Lift Station)
X
Oct-06
$243,235.00
85%
On -Site Sewage Facilities
N/A
Water Systems
Mains
X
Complete
$252,550.00
100%
Other ()
N/A
On -Site Water Supply
NIA
Water Storage Tanks
N/A
Fire Hydrants
X
Complete
$26,369.00
100%
Storm. Sewer or
Drainage Facilities
X
Nov-06
$86,550.00
50%
Street Signs
X
Nov-06
$4,310.00
0%
Street Lighting
X
6-Nov
PAID TO FEC
Street Monuments
N/A
Survey Monument Boxes
N/A
Landscaping/Boti.levard trees
X
Nov-06
$54,410.00
0%
Other (Trails/Park)
X
A. r-07
$31,034.18
0%
SUBTOTAL
$438,003.33
FEES
$0.00
TOTALS COSTS
$438,003.33
LIJ
Al . > LU
TOTAL COLLATERAL
(TOTALS
COSTS X 125%)
$547,504.16
r a`
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EXHIBIT C
CERTIFICATE OF ENGINEER
I, William D. Boger, a Licensed Professional Engineer in the State of Montana, acting on behalf of
Thomas, Dean & Hoskins, Inc., do hereby certify:
Estimated costs its 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.
Done this '—' day 4.- of, 2006.
Ae
William D. Boger I'62'82P:E
', - `-,t;�t''� Certificate of Notary
State of Montana
County of Flathead
On this day of 005, before me the undersigned, a Notary Public for the State
of Montana, personally appeared 1 . known to me to be the person whose
name is subscribed to the forgoing instrument and acknowledged to me that liq execuiedJ tl sa le.
VW $ t
��//;,.� Notary Pu lic for th State o
Residing at °
My Commission Expires on It