All conditions imposed by the City at the time of approval of the preliminary plat and all required improvements shall be completed prior to the approval of the final plat. However, the City Council may allow a subdivider, at the subdivider's option, to defer completion of certain required improvements in which case the following procedures and requirements shall apply:
A. 
The subdivider shall enter into a subdivision improvements agreement with the City, found in Appendix F of these regulations, which guarantees the outstanding conditions will be completed.
B. 
The subdivider shall certify that at least 2/3 (based on value of completed work) of all required improvements are designed and completed.
C. 
The subdivider shall not be allowed to bond for:
1. 
Public water or sewer infrastructure improvements including fire hydrants or lift stations which are necessary to serve any lot being final platted.
2. 
Roadway improvements including sub base and base work which are necessary to provide an all weather access road to any lot being final platted.
D. 
All conditions of approval shall be completed within the time schedule provided in the subdivision improvements agreement. The initial term of an agreement shall not exceed 12 months from date of City Council approval however, the City Manager, upon request by the subdivider may extend the agreement in increments not to exceed 12 months if:
1. 
The subdivider demonstrates a reasonable hardship exists which is not solely financial;
2. 
The conditions do not place a health or safety burden on existing lots; and
3. 
The improvements are not necessary for the convenient enjoyment or use of lots which are in the process of developing or being utilized.
E. 
The subdivider shall submit plans, specifications and cost estimates, prepared by a registered professional engineer, for the completion of all remaining improvements.
F. 
The projected improvements cost shall be 125% of the current costs for completing the improvements.
G. 
Upon completion of required improvements, the subdivider shall file with the City a statement certifying that:
1. 
All required improvements are complete;
2. 
The improvements are in compliance with the minimum standards specified by the City Council;
3. 
The subdivider knows of no defects in these improvements;
4. 
The improvements are free and clear of any encumbrance or liens;
5. 
All applicable fees and surcharges have been paid.
H. 
The subdivider shall also file with the City:
1. 
Copies of final construction plans, road profiles, proposed grades, and specifications for improvements;
2. 
Copies of final as-built plans, profiles, grades and specifications for improvements; and
3. 
A two year warranty bond guaranteeing all new City infrastructure.
I. 
The subdivider will provide for inspection of all required public improvements by a registered professional engineer before the City releases the subdivider from the subdivision improvements agreement.
J. 
Upon completion of the inspection, the inspecting engineer shall file with the City a statement certifying that the improvements have been completed in the required manner.
K. 
Only after the inspecting engineer certifies that improvements are complete and free from defect, and after receipt of other statements detailed above, the City shall release the subdivider from the subdivision improvements agreement.
(Ord. 1951, 5/4/2026)
A. 
If the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the subdivider with a list of specific deficiencies and may withhold collateral sufficient to ensure proper completion.
B. 
If the City council determines that the subdivider will not construct any or all improvements to required specifications, or within the time limits, it may withdraw collateral and use these funds to construct the improvements and correct any deficiencies to meet specifications. Unused portions of these funds shall be returned to the subdivider or crediting institution.
(Ord. 1951, 5/4/2026)
The subdivider shall provide one or more of the following financial security guarantees as approved and accepted by the City Council. The financial guarantee shall equal the amount of the projected cost of installing all required improvements as described in Section 28.08.01. The City shall reduce the bond requirements commensurate with the completion of improvements.
A. 
Escrow Account: The subdivider shall deposit cash, or collateral readily convertible to cash at face value, either with the City Council or in escrow with a bank. The use of collateral other than cash, and the selection of the bank where the funds are to be deposited must be approved by the City Council.
Where an escrow account is to be used, the subdivider shall give the City Council an agreement with the bank guaranteeing the following:
1. 
That the funds in the escrow account are to be held in trust until released by the City Council and may not be used or pledged by the subdivider as security for any other obligation during that period.
2. 
That should the subdivider fail to complete the required improvements; the bank shall immediately make the funds in escrow available to the City Council for completing these improvements.
B. 
Letter of Credit: Subject to City Council approval, the subdivider shall provide the City Council with a letter of credit from a bank or other reputable institution or individual certifying the following:
1. 
That the creditor guarantees funds in an amount equal to the projected cost, as approved by the City Council, of completing all required improvements;
2. 
That if the subdivider fails to complete the specified improvements within the required period, the creditor will immediately pay to the City of Kalispell upon presentation of a sight draft without further action, an amount of cash necessary to finance the completion of those improvements, up to the limit of credit stated in the letter;
3. 
That the letter of credit may not be withdrawn or reduced in amount until released by the City Council.
C. 
Sequential Development: The City may approve an incremental payment or guarantee plan. The improvements in a prior increment must be completed or the payment or guarantee of payment for the costs of the improvements incurred in a prior increment must be satisfied before development of future increments.
D. 
Special Improvement District: The City Council may enter into an agreement with the subdivider, and the owners of the property proposed for subdivision if other than the subdivider, that the installation of required improvements will be financed through a special improvement district created pursuant to Title 7, Chapter 12, MCA. The agreement must provide that no lots within the subdivision will be sold, rented or leased, and no contract for the sale of lots executed before the improvement district has been created.
The subdivider, or other owners of the property involved, must also petition the City Council to create a special improvement district, which constitutes a waiver by the subdivider or the other owners of the property of the right to protest or petition against the creation of the district under § 7-12-4110, MCA. This waiver must be filed with the County Clerk and Recorder and will be deemed to run with the land.
E. 
Surety Performance Bond: The bond shall be executed by a surety company authorized to do business in the State of Montana and acceptable as a surety to the City Council and countersigned by a Montana agent. The bond shall be payable to the City of Kalispell. The bond shall be in effect until the completed improvements are accepted by the City Council.
F. 
Other Acceptable Guarantee(s): The City Council, at its discretion, may accept any other reasonable guarantee not stated herein, to ensure satisfactory completion of the improvements.
(Ord. 1951, 5/4/2026)