2024 SIA/Meadows Edge Ph 3Return to:
Aimee Brunckhorst
Kalispell City Clerk
201 15` Avenue East
Kalispell, MT 59901
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 23rd day of January , 20 24 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
Meadows Edge, LLC (Name of
Developer)
a Corporation
(Individual, Company or Corporation)
located at P.O. Box 7184, Kalispell, Flathead County, Montana 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
Meadows Edge Phase 3 (Name of
Subdivision)
located at Tract 3 of COS 18892, in the SE 1/4 Section 3, T28N, R22W, P.M.,M., Flathead County, MT
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Meadows Edge Phase 3 , 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 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
$ 236,643.30
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 $ 295,804.13 . 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 $ 295,804.13 the estimated cost of
completing the required improvements in Meadows Edge 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 December 31 , 20 24
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 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.
�1 do 05 6- is E L L L
(Name of Su division/Developer/Firm)
by /% At rHO� IZ�J s� cr'A/() r(
(Name) W V % E 1QAb6r-4AcN (Title)
STATE OF MONTANA
COUNTY OF RaklQ,O-,
On this 23 day of G vt LAa , 20 Zt, before me, a Notary Public for the State
of Montana, personally appeared W known to me to be the
o.. 06I -5i;t&Z of I-Ieadcws whose name is subscribed to
the foregoing instrunri�nt and acknowledged to me that he4e executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
j4-PnIC_CJ54e�����
Nota Public for the State of Montana
Printed Name
Residing at
My Commission Expires
0\11111, AIMEE BRUNCKHORST
`�y�9 NOTARY PUBLIC for the
.a NOTARIAL "= State of Montana
-* SEAL *_ Residing at
�N9T Pr`� Lakeside, Montana
0 M \\\\� My Commission Expires
OpitDecember 04, 2024
MAYOR, CI OF KALI LL ATTEST:
CIT CLERK
Project Name: MEADOWS EDGE SUBDIVISION, PHASE 3
WGM Project Number: 171034
Owner: MEADOWS EDGE, LLC
Bonding Date: January 24, 2024
EXHIBIT "B"
CERTIFICATION OF WORK TO BE `-}� WG M G R O U P
COMPLETED
Completed as of Bonding Date Total
Final Construction
Construction Quantity Costs
Quantities and Costs
Line Item Item Description
Unit
Quantity
Unit Price
Total
Quantity Current Total
Landscape Plan Cost Estimate
:+iERAL,
OPEN SPACE, BOULEVARDS, POND AREA
L.1
Mobilization, Demobilization, Insurance, Permits
LS
1
$4,000.00
$4,000,00
0
$0.00
L.2
Park/Open Space Grass Seed Mix
SF
120000
$0.20
$24,000.00
0
$0.00
L.3
Trees
EA
96
$280.00
$26,880.00
0
$0.00
L.4
Shrubs
EA
37
$45.00
$1,665.00
0
$0.00
L.5
Perrenials
EA
171
$12.00
$2,052.00
0
$0.00
L.6
Turf Sod
SF
5900
$1.27
$7,366.00
0
$0.00
L.7
Pond Plantings
SF
9788
$2.30
$22,512.40
0
$0.00
L.8
Auto Spray Irrigation Valve & Box
EA
7
$150.00
$1,050.00
0
$0.00
LAO
Automatic Controller
EA
1
$2,500.00
$2,500.00
0
$0.00
L.11
Irrigation Sleeving
LF
132
$5.00
$660.00
0
$0.00
L.13
2" Irrigation Backflow Preventer
EA
2
$500.00
$1,000.00
0
$0.00
L.14
Sprinkler Heads
EA
270
$18.00
$4,860.00
0
$0.00
L.17
2" PVC Irrigation Main
LF
1506
$2.00
$3,012.00
0
$0.00
L.20
1" Poly Irrigation Lateral
LF
7195
$1.00
$7,195.00
0
$0.00
L.21
10 wide Asphalt Path (3" asphalt, 8" gravel base)
LF
790
$32.00
$25,280.00
0
$0.00
L.23
Open Space Benches
EA
15
$775.00
$11,625.00
0
$0.00
GENERAL, OPEN SPACE, BOULEVARDS, AND POND AREA LANDSCAPE TOTAL
$14S,6S7.40
$0.00
.a evard
L.25
Lan..scape wrtnjn MD ROW (along F2M north of MV way;
Turf Sod
SF
21603
$1.30
$28,083.90
0
$0.00
L.26
Sprinkler Heads
EA
209
$18.00
$3,762.00
0
$0.00
L.27
2" PVC Irrigation Main
LF
711
$2.00
$1,422.00
0
$0.00
L.28
Poly Irrigation Lateral
LF
2328
$1.00
$2,328.00
0
$0.00
BOULEVARD LANDSCAPE TOTAL
$35,595.90
$0.00
L29
Labor
S
1
$45,000.00
$45,000.00
0
$0.00
LABOR TOTAL
$4S,000.00
$0.00
PHASE 3 LANDSCAPING TOTAL
$226,253.30
$0.00
Remaining Civil Cost Estimate
CA �
Lift Station Fencing
IS
1
$5,690.00
$5,690.00
0
$0.00
C 2
Grading around lift station
LS
1
$1,200.00
$1,200.00
0
$0.00
C.3
Exterior Lift Station Building Work
LS
1
$3,500.00
$3,500.00
0
$0.00
CIVIL ITEMS TOTAL
$10,390.00
$0.00
PHASE 3 CIVIL ITEMS TOTAL
$10,390.00
$0.00
TOTAL PROJECT BUDGET (INCLUDES LANDSCAPING)
$236,643.30
$0.00
TOTAL ESTIMATED COST OF CONSTRUCTION
$236,643.30
Approximate percentage of completed
work as of bon %JfJ!W^,. ,,
T B+rr,/�
AMOUNT COMPLETED PRIOR TO BONDING
$0.00
AMOUNT OF REMAINING WORK PRIOR TO BONDING
$236,643.30
AMOUNT OF BOND (125% OF REMAINING WORK)
$295,804.13\\\t
AS PROJECT ENGINEER FOR MEADOWS EDGE SUBDIVISION PHASE 113, 1 CERTIFY THAT THE WORK LISTED
HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE
ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK.
THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE:
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE:
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
BENJAMIN RANKIN, P.E. 'ALL IMPROVEMENTS SHALL BE COMPLETED BY:
$0.00
$236,643.30
$295,804.13
December 31, 2024
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