SIA/Kalispell North Town Center Ph 3Return to:
Aimee Brunkhorst �������� �� �� ��� ����� ����� ����� ����� ����� ����� ����� ����� ����� ����� ����� ���� �� ��� ���� ���� Page:i of 5 31
Kalispell City Clerk Debbie Pierson, Flathead County MT by JS 5/25/2022 10:26 AM
201 1 st Avenue East
Kalispell, MT 59901
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this f3 day of eea4t,grt , 20_Z.L_, by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter
referred to as the CITY, and
'Stillwater Corporation
(Name of Developer)
a Corporation
(Individual, Company or Corporation)
located at PO Box 7338, Kalispell, MT 59904
(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
Kalispell North Town Center Phase 3
(Name of Subdivision)
located at
Portions of S %2 of Section 19 and the N %2 of Section 30, T29N, R21 W
P.M.M
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Kalispell North Town Center, Phase 3 , 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
$ 163,412.00
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 $ 204,265.00 . 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 $ 204,265.00 the estimated cost
of completing the required improvements in Kalispell North Town Center, Phase 3
(Name of Subdivision)
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' xty % 1 , 2022.
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 two (2) years 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
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.
t.canf�-r't�2.
(Name of Subdi 'sion/Deve Firm)
by A t GF pzEs1-6 c+J T
ame) (Title)
STATE OF MONTANA
COUNTY OF
On this r}'[Ar% day of ( .. .a , 20 �?, before me, a Notary Public for the State
of Montana, personally appeared _ y '.�" known to me to be the
l ; �_ "• of fit_ j A 1 �1�' . " ,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 my Notarial Seal this day and year
first above 7tten.
tt+EV COtLYN EVES
NOTARY PUBLIC for the
a Public for the t to of Montapa ��State of �bA
esiding at Kalispek
Printed Name 3 EAL
monlene
my Commotion Expires
Residing at \v X J* 24,
My Commission Expir 2
M*-e6R, CITY OF KALISPELL ATTEST:
or y M�N43�,. CITI CLERK
=V� 1892
Exhibit B
Engineer's Estimate - Kalispell North Town Center Phase 3
Rev 11/29/2021
Description
Unit
MY
Price
Total
%Complete
Balance
General
Mobilization
LS
1
$5,000.00
$5,000.00
75%
$1,250.00
Subtotal
$5,000.00
$1,250.00
Water
1.5" Water Service w/Meter Pits
EA
5
$5,800.00
$29,000.00
0%
$29,000.00
2" Water Service w/Meter Pits
EA
8
$6,500.00
$48,000.00
0%
$48,000.00
4" Fire Service
EA
6
$5,500.00
$33,000.00
0%
$33,000.00
Subtotal
$110,000.00
$110,000.00
Sanitary Sewer System
4" Sewer Service
EA
4
$1,850.00
$7,400.00
75%
$1,850.00
6" Sewer Service
EA
6
$2,000.00
$12,000.00
33%
$8,004.00
Subtotal
$19,400.00
$9,854.00
Site Features
Subgrade
SF
3,800
$1.10
$4,180.00
$4,180.00
3" Asphalt (Asphalt Path)
SF
3,800
$1.86
$7,068.00
$7,068.00
12" of 3" Crushed Rock (Asphalt Path)
CY
140
$21.00
$2,940.00
$2,940.00
3" of 3/4" Crushed Rock (Asphalt Path)
CY
35
$32.00
$1,120.00
$1,120.00
4" Ashpalt Patching - Mailbox Pad
SF
1,220
$3.72
$4,538.40
100%
$0.00
6" Concrete Mailbox Apron
SF
1,000
$7.18
$7,180.00
100%
$0.00
7" Valley Gutter Mailbox Pad
SF
100
$11.00
$1,100.00
100%j
$0.00
8" Concrete Mailbox Pad
SF
40
$19.38
$775.20
100%
$0.00
Rose Crossing Pedestrian Crossing
LS
1
$27,000.00
$27,000.00
0%
$27,000.00
Subtotal
$55,901.60
$42,308.00
TOTAL
$190,301.601
$163,412.00
Original 125% Value: $237,877.00
125% Bond Value: $204,265.00
Bond Reduction: $33,612.00
WOW
CITE OF DEDWATION.
PIATOF
KALISPELL NORTH TOWN CENTER - PHASE 3
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