SIA Phase 16SUBDIVISION E"ROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this _�b day of `- - , 20 by as between the CITY
COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY and MARK
OMENS OF OWL CORPORATION located at Sal PALMER DRIVE KAMPILL MT 59901 Party of the Second Part
and hen inafter referred to as DEVELOPER
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as FLATHEAD
VILLAGE GREENS PHASE 16, located at EAST NICE I.AUS and,
WHEREAS, the City has conditioned its approval of the final plat of FLATHEAD VII,I..AGE GREENS PHASES
14-22 . 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 teal cost of construction of said improvements is the sum of 2026.00
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 Credit, or other actable collateral as determined by
the KALISPELL CITY COUNCIL, in the amount of $ 2532.50 . Said Letter of Credit or other
collateral shall have an expiration date of at least sixty (60) clays following the date set for completion of the
improvements, certifying the following:
a. That the creditor guaranteed funds in the sum of $ 2532.50 the estimated cost of completing the
required improvements in FLATHEAD VILLAGE GULNS, PHASE .16
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;
That said required improvements shall be fully completed by JUNE 1 2004
3. That upon completion of the required irnprovemments, 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 nWrovenients 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 surmharges have been paid
4. The Developer shall cause to be filed with the City copies of final plans, profiles, gees and specifications of said
improvements, with the certification of the registered professional engineer responsible for their preparation that to the
best of his knowledge, inprovements have been installed in general conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS,
TO -WIT:
That the Developer, upon request, shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision lmprovement 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 00n9truct 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 constnrct the
improvement or irinprovements inaccordance with the specifications. The unused portions of the collateral shall be returned to the
Developer or the Ming institution, as is date.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written.
FIATHEAD VILLAGE GREENS, PHASE 16, MARK OWENS OF OWL CORPORATION
(Name of subdivision(Developer/Firm)
by:
(Title)
The subdNid er shall warrant the design, construction materials and workmanship of the improvements against any failure
or defect m design, construction, material or mrknianship which is chscovered no more than one (T) year from the date of
STATE OF MONTANA, COUNTY OF FLATHEAD
On this c:fi` r'` %�' .�`��.• ;�9'�" efore mew Notary T'trblic for the State of Montana, personally
appeared
foregaing instnrment and acknowledged to me that he e�:ecuted the same.
IN yK "ESS WHEREOF] have reunto set my hand and affixed my NotaSeal this day and year first above written.
i i `_ `+1091019,'1
N liblid for e S of Montana "s�P • ....l...,
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My Commission Expires
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KALISPELL CITY COUNCIL
ATTEST:
TITERSEA WHITE
CriY CLERK
By: by:
MAYOR
EXH BTT A
Conditions of Approval as set forth by Kalispell City Council
W11/lW ENGINEERING, , PC
Pain Wet% PE
Prllluipal Engineer
October 27, 2003
Mayor and Uity Council Members
City of Kalispell
PC) Box 1997
Kalispell, Montana 59903-1997
Dear Mr. Mayor and City Council Members:
Consuifing Engineers
64 West Second Street
Whitefish, Montana 59937
Phone (406) 862-7826
Fax (406) 862-7827
Re: Glacier Village r zreens, Phi 16
Please accept this letter as an engineer's estimate for work remaining to be accomplished at the
above pNject.
Landscaping in the boulevard area is all that is required. The estimated cost is as follows:
$ Trees @, $200 each $1600
Seeding and mulching 1704 8 L .25 per foot 5 426
Estimated Cost of Completion $2026
Should you have any questions please call.
.. S iracurcly;
1?u1,L. Wells