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 , 20 0 4—
by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
'N Celo P-FMas L b�— (Name of
Developer) /'
a Lt �h.l �-o L i �6 L4-N C. �711it Pf J Y
(Individual, Company or Corporation)
located at -?23 5 ANIF JE�- K.tt,tS PALL (Vvc 5Gl ,-�i U l ,
(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
'a t STD ( tom..
Sim)
located at S 1,1CA
and,
M
WHEREAS, the City has conditioned it's approval of the final plat of
upon the conditions as set forth (Name
of Subdivision) 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 re uir ivider shall provide a financial
security of 125% of the estimated o construction of said improvements as evidenced by an
estimate prepared nsed public engineer included herewith as "Exhibit B'; and rlkpp
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ �9aao�a
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by 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 determined by the City Council, in the amount of $ -I-q i Owl) . 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 ( 5a the estimated cost of
completing the required improvements inCST�1t?,� tic lL
�vD
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 limited of credit stated in the
letter;
2. That said required improvements shall be fully completed by J v �-'Y , 20 Q g .
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
conformance with said specifications.
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 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.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
St �7d. i/� trl e,�
(Name of Subdivis on/Developer/F' ) '
by//z
(Title
STATE OF MONTtZe-4(1
COUNTY OF 7
On this 2 Y'�" day of LU, 1 , , , 200 `? , before me, a Notary Public. for the State
of Montana, personally appeared 57 c e- �t _ known to me to be the
t1wY e4 of f ��, whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed al Seal this day and year
first above written. S
11004
tary Pu c for the'State o Montana cc sta
rinted ame - /64 6,/ Z,
Residing at K-v,- 1tS /
My Commission Exp es - 1— eP,�?
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR CITY CLERK
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
Street Base
Sidewalks
Curbs and Gutters /
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
r f�P�Q
Landscaping/Boulevard trees
Other ( )
SUBTOTAL
FEES
TOTALS COSTS
TOTAL COLLATERAL (TOTALS COSTS X 125%)
�7 -2
°Ze,
EFirst
iinterstate
January 26, 2007
City of Kalispell
C/O Charlie Harball, City Attorney
312 1 " Ave. E.
Kalispell, MT 59901
RE: DEV Properties/Courthouse East
Dear Mr. Harball:
First Inter sUAe Bank
10,J E. Cloetonvuo d Dr,
P.G. Box 5388
4 LIel-1156
DEV Properties has the funds available and budgeted for the public infrastructure in the
amount of S49,000. This is the amount to be used for landscaping and sidewalks on the
City of Kalispell's right of way on the project.
As well, the bank is funding the internal site work., building exterior update, and the
parking lot. If you have any questions, I can be reached at 758-7606.
Sincerely,
&44,&
Charles K. Eble
Branch Manager/VP