Subdivision Improvement Agreement December 2009 (Recorded)Return to:
Theresa White
Kalispell City Clerk � Page: � o� 5417
P.O. Box 1997 Fees: I of 5
Kalispell, MT 59903 Paula Robinson, Flathead County MT by NC 2/10/2010 3:06 PM
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
O THIS AGREEMENT, made and entered into this day of >Mlft , 2009, by and
c� between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
Oo hereinafter referred to as the CITY, and
Oto ASHLEY HEIGHTS LLC
4 (Name of Developer)
a LIMITED LIABILITY CORPORATION ,
(Individual, Company or Corporation)
0 located at 3300 HWY 2 WEST KALISPELL MT. 59901,
(Street Address/P. O. Box) (City, County, State, Zip)
Parry of the Second Part and hereinafter referred to as DEVELOPER.
,0
0
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
SHLEY HEIGHTS ,
(Name of Subdivision)
located at A TRACT OF LAND SITUATED LYING AND BEING IN GOVERNMENT LOT 1
LOCATED IN SECTION 19 TOWNSHIP 28 NORTH RANGE 21 WEST P.M.M. FLATEHEAD
COUNTY, MONTANA. , (Location of Subdivision)
and,
.`WHEREAS,
the City has conditioned it's approval of the final plat of
�.
Lo
SHELY HEIGHTS, upon the conditions as set forth (Name
f Subdivision)in the Preliminary Plat of the Subdivision being completed and all improvements, as cited
n "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion
"Exhibit
Qf
those improvements set forth in A"; and
REAS, the City's Subdivision Regulations require that a subdivider shall provide a financial
ecurity of 125% of the estimated total cost of construction of said improvements as evidenced by an
stimate prepared by a licensed public engineer included herewith as "Exhibit B"; and
WIIEREAS, the estimated total cost of construction of said improvements is the sum of
$ 117,508.42
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
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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 $ 146,885.53 . 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 $ 146,885.53 the estimated cost of
(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 August 15 , 2010
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) 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,
£ 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.
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Paula Robinson, Flathead County MT by NC 2/10/2010 3:06 PM
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
ASHLEY HEIGHTS / ASHLEY HEIGHTS LLC. ,
(Name of Subdivision/Developer/Firm)
by^"�
(Title)
STATE OF MONTANA
COUNTY OF
On this day of 5� 4 , 20 , before me, a Notary Public for the State
of Montana, personally appeared , known to me to be the
MwoajaE 2 of L , whose name is subscribed to
the foregoing instrument and acknowledged W me tha /she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal thi�OM ,vq¢ year
above written. a ,®
NoTryCMic for the State ontana OTr1RI�Res dit Sd_ Q
My Commission Expires jS 2.p, 1 ®�•'• AL
OF NO'
MAYOR_ CITY OF KALISPELL ATTEST:
YOR
CITY CLERK
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EXHIBIT "B"
CERTIFICATION OF WORK TO BE COMPLETED
ASHLEY HEIGHTS
11/17/2008
SUBDIVISION ROADS & OVERLOT GRADE
Completed To Date
November 17, 2008
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
101
Excavation / Subgrade Prep
C.Y.
2,725
$7.00
$19,075.00
2,000
$14,000.00
102
Stabilization Fabric
S.Y.
5,175
$1.19
$6,158.25
5,175
$6,158.25
103
Select Subbase
C.Y.
1,294
$12.04
$15,579.76
1,294
$15,579.76
104
3/4" Crushed Gravel
C.Y.
862
$16.20
$13,964.40
862
$13,964.40
05
4" Ashpaltic Cement
S.Y.
4,220
$10.94
$46,166.80
4,220
$46,166.80
06
Curb &Gutter
L.F.
2,741
$7.59
$20,804.19
2,741
$20,804.19
07
r
5' x 4" Concrete Sidewalks / Gravel
S.F.
13,585
$4.00
$54,340.00
13,585
$54,340.00
SUBTOTAL ITEMS 101 -107
1
$176,088.40
$171,013.40
WATER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
201
8" Water Main
L.F.
1,333
$17.55
$23,394.15
1,333
$23,394.16
202
8" Gate Valves & Boxes
E.A.
2
$1,248.91
$2,497.82
2
$2,497.82
203
Fire Hydrants w/ Tee, Pipe, Aux. Valve & Box
E.A.
4
$3,500.00
$14,000.00
4
$14,000.00
204
Water Services
E.A.
26
$479.31
$12,462.06
26
$12,462.06
205
Connect to Existing Main
E.A.
1
$414.99
$414.99
1
$414.99
SUBTOTAL ITEMS 201 - 205
$52,769.02
$52,769.02
SEWER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
301
8" Sewer Main
L.F.
1,132
$25.27
$28,605.64
1,132
$28,605.64
302
Sewer Lift Station & Force Main
L.F.
1
$31,161.00
$31,161.00
100%
$31,161.00
303
4' Diam. Manholes w/ Ring & Cover
E.A.
5
$1,644.17
$8,220.85
5
$8,220.85
304
4" Sch. 40 PVC Sewer Services
E.A.
26
$568.36
$14,777.36
26
$14,777.36
305
Connect to existing
E.A.
1
$916.07
$916.07
1
$916.07
SUBTOTAL ITEMS 301 - 305
1 $83,680.92
$83,680.92
DRAINAGE & MISCELLANEOUS WORK
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
401
Storm Drainage Facility
EA.
1
$28,698.94
$28,698.94
1
$28,698.94
402
Erosion Control
LS.
1
$3,700.00
$3,700.00
0.75
$2,775.00
403
Mail Boxes Bases W/ Gravel
EA.
2
$1,125.98
$2,251.96
2
$2,251.96
404
CBU Mailboxes
EA.
2
$1,468.74
$2,937.48
2
$2,937.48
405
Traffic Control
L.S.
1.00
$3,697.90
$3,697.90
100%
$3,697.90
406
Mobilization
L.S.
1.00
$14,000.00
$14,000.00
100%
$14,000.00
407
Construction Surveying
L.S.
1.00
$27,000.00
$27,000.00
100%
$27,000.00
408
Landscaping/ Bike Path
L.S.
1.00
$40,250.00
$40,250.00
20 %
$8,050.00
409
Soundwall
L.S.
1.00
$86,490.17
$86,490.17
11 %
$9,350.00
410
Swale next to Soundwall
L.F.
950.00
$0.79
$750.00
0 %
$0.00
410
Signage
L.S.
1.00
$870.72
$870.72
100%
$870.72
SUBTOTAL ITEMS 401 - 410
1
$210,647.17
$99,632.00
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UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
Completed To Date
November 17, 2008
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
601
Single Phase Vaults
EA
4
$ 690.19
$2,760.76
4
$2,760.76
502
Light Pole Bases (FEC)
EA
5
$ 517.17
$2,585.85
5
$2,686.85
503
Trenching and Conduit
LF
1
$ 9,100.00
$9,100.00
1
$9,100.00
504
Secondary Pedestals
EA
12
$ 92.92
$1,115.04
12
$1,115.04
SUBTOTAL ITEMS 501-504
i
$15,561.65
$15,561.65
Total Project 538,747.16
Total Construction Completed to Date
SERVICE COSTS, FEES, ENGINEERING & SURVEYING
$422,656.99
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
601
Flathead Electric
L.S.
1
$ 44,502.00
$ 44,502.00
100%
$44,502.00
602
Northwest Energy
L.S.
1
$ 18,604.00
$ 18,604.00
100%
$18,604.00
603
Engineering
L.S.
1
$ 59,000.00
$ 59,000.00
100%
$59,000.00
604
Construction Management
L.S.
1
$ 9,455.00
$ 9,455.00
85%
$8,036.75
SUBTOTAL ITEMS 601 - 604
$ 131 561.00
$130,142.75
TOTAL PROJECT BUDGET
TOTAL ESTIMATED COST OF CONSTRUCTION
AMOUNT COMPLETED PRIOR TO BONDING
AMOUNT OF REMAINING WORK PRIOR TO BONDING
AMOUNT OF BOND (125 % OF REMAINING WORK)
AMOUNT OF WORK COMPLETED TO DATE
PERCENTAGE OF WORK COMPLETED TO DATE
AMOUNT OF WORK REMAINING
ORIGINAL BOND AMOUNT
AMOUNT OF BOND TO BE RETAINED (125 % OF REMAINING WORK)
BOND AMOUNT TO BE RELEASED
AMOUNT PREVIOUSLY RELEASED
AMOUNT TO BE RELEASED AT THIS TIME
AS PROJECT ENGINEER FOR THE ASHLEY HEIGHTS SUBDIVISION, I 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:
THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT
TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00
$670,308.16 $552,799.74
$ 670,308.16
$ 552,799.74
$ 117,508.42
$ 146,885.53
$ 552,799.74
82
$ 117,508.42
$ 146,885.53
$ 146,885.53
$0.00
$0.00
$0.00
$ 552,799.74
$ 117,508.42
$ 146,885.53
BRETT WALCHECK, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: 8/15/2010