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Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
II III I I'I II )I' I) 111111111111111
I"III I' 111111111111111111111111
II'III ('I Page: I of5272
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Fees: $55.00
Paula Robinson, Flathead County MT by NC 5/29/2009 4:05 PM
THIS AGREEMENT, made and entered into this day of , 20 6� , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Partyof the First Part and
hereinafter referred to as the CITY, and CORNERSTONE COMMUNITY CHU -Name of
Developer),a CHURCH (Individual, Company or Corporation) located at 1970
HWY. 93 NORTH KALISPELL FLATHEAD COUNTY MONTANA 59901,
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
the Developer is the
located at 1970 HWY. 93 NORTH KALSIPELL
and,
and developer
of a new subdivision known as
(Name of Subdivision)
of Subdivision)
WHEREAS, t 0-a Co", s conditioned it's approval of the final plat of
CORNERSTONE IItTCH SU DIVISION (Name of Subdivision), upon the conditions as set forth
in the Waiver of 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
$88,346.60.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the
City, the Developer hereby agrees as follows:
IIIIIIII�IIIIIII�IIII�"IIII�IIII'IIII�II�'IIII��I�III�II�III'IIIIIII�I'II�IIIIIIIII�IIIII P20090001.
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Paula Robinson, Flathead County MT by NC 5/29/2009 4:05 PM
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 $ 110,433.25 . 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 $ 110,433.25 the estimated
cost of completing the required improvements in CORNERSTONE HURCH SUBDIVISION.
(Name of Subdivision) GrOMU-cl't-''(
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 September 16, 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) 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.
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Fees: $55.00
Paula Robinson, Flathead County MT by NC 5/29/2009 4:05 PM
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.
(Name i. di-v-ision/Developer/Firm)
by d -
(Title)
STATE OF MONTANA
COUNTY OF _FLATHEAD
On this day of , 20 , before me, a Notary Public for the
State of Montana, personally appeared § L ,
known to me to be the %— of CMVA44,
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 written. � ct4ttY�zlpttfFr���i
Notary Public fort State of Montana a#
Printed Name t , 7?�
r'
Residing at fit.
My Commission Expires it t ' ' �`f(i
MAYOR, CITY OF KALISPELL ATTEST: ,
E-
AYOR CffY CLERK
9
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EXHIBIT A ~ ��®�s���*` ""
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Paula Robinson, Flathead County MT by NC 5/29/2009 4:05 PM
Conditions of approval of Waiver of Preliminary Plat by City Planning, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion date
and estimated construction costs.
CHECK
CONSTRUCTION
ESTIMATED PERCENTAGE
APPROPRIATE
COMPLETION
CONSTRUCTION COMPLETE
IMPROVEMENTS
DATE
COSTS
Entrance Grading/Paving
X
SEPT. 16.2010
$2,904
Entrance 3" minus
X
SEPT. 16, 2010
$160
Entrance 1/4" minus
X
SEPT. 16, 2010
$180
Curbs and Gutters
X
SEPT. 16, 2010
$6,400
Sidewalks
X
SEPT. 16, 2010
$10,125
Curbs
X
SEPT. 16, 2010
$13,525
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Relocate Signs
X
SEPT. 16, 2010
$500
Traffic Control
X
SEPT. 16, 2010
$1,000
Boulevard Trees
X
SEPT. 16, 2010
$2,000
Street Monuments
Survey Monument Boxes
Landscaping (Sod)
X
SEPT. 16, 2010
$42,228
Other (Mobilization, ect.)
X
SEPT. 16, 2010
$3,160.88
SUBTOTAL $82,182.88
FEES $6,163.72
TOTALS COSTS $88.346.60
TOTAL COLLATERAL
(TOTALS COSTS X 125%) $110,433.25
ENGINEER'S ESTIMATE OF CONSTRUCTION COSTS
CORNERSTONE CHURCH PUD
KALISPELL, MONTANA
CHURCH
ITEM
NO.
QUANTITY
UNITS
DESCRIPTION
Engineer's Estimate
Unit Price
(Figures)
Total Price
(Figures)
PARKING LOT, WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENTS
1
4
CU YD
9" Thick - 3" Minus Pit Run Gravel
$20.00
$80.00
2
3
CU YD
6" Thick - 314" Minus Crushed Base Course
$30.00
$90.00
3
121
SQ YD
3" Asphalt Concrete
$12.00
$1,452.00
4
1
LS
Traffic Control
$500.00
$500.00
5
1,790
SQ. FT
Sod and Topsoil
$6.00
$10,740.00
6
3
LS
Boulevard Trees
$250.00
$750.00
7
128
LF
Concrete Curb & Gutter
$25.00
$3,200.00
8
219
LF
Concrete Curb
$25.00
$5,475.00
9
0
EACH
Relocate Signage
$500.00
$0.00
10
80
SQ YD
Sidewalk w/Base Gravel
$45.00
$3,600.00
11
1
LS
1 Mobilization (Not to exceed 4% of total base bid)
$1,035.48
$1,035.48
SUB -TOTAL CONSTRUCTION $26,922.48
Construction Inspection & Engineer Certification 7.5% $2,019.19
TOTAL ESTIMATE $28,941.67
TOTAL ESTIMATE PLUS 25% $36,177.08
BANK
ITEM
NO.
QUANTITY
UNITS
DESCRIPTION
Engineer's Estimate
Unit Price
(Figures)
Total Price
(Figures)
PARKING LOT, WATER, SANITARY SEWER, AND STORM SEWER IMPROVEMENTS
1
4
CU YD
9" Thick - 3" Minus Pit Run Gravel
$20.00
$80.00
2
3
CU YD
6" Thick - 3/4" Minus Crushed Base Course
$30.00
$90.00
3
121
SQ YD
3" Asphalt Concrete
$12.00
$1,452.60
4
1
LS
Traffic Control
$500.00
$500.00
5
5,248
SQ. FT
Sod
$6.00
$31,488.00
6
5
LS
Boulevard Trees
$250.00
$1,250.60
7
128
LF
Concrete Curb & Gutter
$25.00
$3,200.00
8
322
LF
Concrete Curb
$25.00
$8,050.00
9
1
EACH
Relocate Signage
$500.00
$500.00
10
145
SQ YD
Sidewalk w/Base Gravel
$45.00
$6,525.00
11
1 1
LS I
Mobilization (Not to exceed 4% of total base bid)
$2,125.40
$2,125.40
SUB -TOTAL CONSTRUCTION $55,260.40
Construction Ins ection & Engineer Certification 7.5% $4,144.53
TOTAL ESTIMATE $59,404.93
TOTAL ESTIMATE PLUS 25%
$74,256.16
SUB -TOTAL ALL CONSTRUCTION $82,182.88
Construction Inspection & Engineer Certification 7.5% m + $6,163.72
TOTAL ESTIMATE ®w $88,346.60
TOTAL ESTIMATE PLUS 25% $110,433.25
THOMAS
AS ENGI R OF RECORD F R THE RNER E CHUICH P,j20JE€TY TMAT TF ABOVE COST ESTIMATE REPRESENTS REASONABLE COSTS
FOR IMPK ECE Y PE D IN THE, KALVSPELL AREA.
� s 9
® <6 No. 1796 4
Thomas M. Weller 17963 P.E. /CE(�?C�e
February 20, 2009 • �' . -
III IIII I I I IIII III I II I I I II II II II IIII II I II I II (III II I 1111111 III200900015
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Fees:$55.00
Paula Robinson, Flathead County MT by NC 5/29/2009 4:05 PM
THOMAS, DEAN HOSKINS, INC. 212012009