SIA Phase 3 (Recorded)200800011584
Return to: IIRA IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIt Fees: $5,00
Theresa White 4/29/2008 3:40 PM
Kalispell City Clerk Paula Robinson, Flathead County M7 by ID
P.O. Box 1997
Kalispell, MT 59903
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of 200 ,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTA A, Parry of the First
Part and hereinafter referred to as the CITY, and TOUCHSTONE LLC, located at 135 W. Idaho, Suite
B, Kalispell, MT 59901, Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSET:
1�3-
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
MOUNTAIN VISTA ESTATES PHASE III located at Parcel A, Certificate of Survey No. 16814,
Section 2, Township 28 North, Range 22 West, P.M.M., Flathead County, and
WHEREAS, the City has conditioned it's approval of the final plat of MOUNTAIN VISTA ESTATES
PHASE 11I, upon the conditions as set forth in the Preliminary Plat of the Subdivision being completed
"Exhibit
and all improvements, as cited in 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
$113,755.50.
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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Paula Robinson, Flathead County MT by DD Fees: $55.00
4/29/2008 3:40 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 $142,194.37.
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 $142,194.37 the estimated cost
of completing the required improvements in MOUNTAIN VISTA ESTATES PHASE III.
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 JUNE 3, 2008.
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 one (1) 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,
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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Paula Robinson, Flathead County MT by DD 4/29/2008 3:40 PM
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.
TOUCHSTONE, LLC.
PHILL G. NEUHARTH, JR. DAVID J. WALKER
Member of Touchstone, LLC Member of Touchstone, LLC
STATE OF MONTANA
County of Flathead
This instrument was acknowledged before me on 0\CkCC _ � 0 , 200 ,
by PHILLIP G. NEUHARTH, JR. AND DAVID J. WALKER, Members of Touchstone, LLC.
SH ......... -. ` .�,�2 ram. cly1 '
:O ffA'' Printed Name c
Notary Public for the State of Montana
Residingat \ \
My Commission Expi es
CITY OF KALISPELL ATTEST:
Ir AYN
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
Certification of work to be completed.
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Paula Robinson, Flathead County MT by DD 4/29/2008 3.40 PM
EXHIBIT "A"
CERTIFICATION OF WORK TO BE COMPLETED
MOUNTAIN VISTA PHASE III
SUBDIVISION ROADS & OVERLOT GRADE
Completed To Date
February 19, 2008
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
101
Topsoil Removal/Replacement
C.Y.
5,966
$1.68
$10,022.88
5,500
$9,240.09
102
Excavation / Subgrade Prep
C.Y.
6,556
$2.08
$13,636.48
6,556
$13,636.48
103
Stabilization Fabric
S.Y.
4,752
$1.30
$6,177.60
4,752
$6,177.60
104
Select Subbase
C.Y.
1,188
$17.00
$20,196.00
1,188
$20,196.00
105
3/4" Crushed Gravel
C.Y.
683
$19.25
$13,147.75
551
$10,608.92
106
4" Ashpaltic Cement
S.Y.
3,914
$11.85
$46,380.90
0
$0.00
107
Curb & Gutter
L.F.
2,485
$9.75
$24,228.75
2,485
$24,228.75
108
5' x 4" Concrete Sidewalks / Gravel
S.F.
12,425
$3.50
$43,487.50
0
$0.00
SUBTOTAL ITEMS 101 -108
$177,277.86
$84,087.84
WATER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
201
8" Water Main
L.F.
1,246
$23.00
$28,658.00
1,246
$28,658.00
202
8" Gate Valves & Boxes
EACH
1
$1,300.00
$1,300.00
1
$1,300.00
203
12" & 8" Ductile Iron Fittings
EACH
2
$500.00
$1,000.00
2
$1,000.00
204
Fire Hydrants w/ Tee, Pipe, Aux. Valve & Box
EACH
2
$3,800.00
$7,600.00
2
$7,600.00
205
Water Services
EACH
40
$595.00
$23,800.00
40
$23,800.00
SUBTOTAL ITEMS 201 - 205
1
1 $62,358.00
$622358.00
614TA4 z&Y&Ii4i l
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
301
8" Sewer Main
L.F.
1,157
$19.00
$21,983.00
1,157
$21,983.00
302
4' Diam. Manholes w/ Ring & Cover
EACH
6
$1,600.00
$9,600.00
6
$9,600.00
303
4" Sch. 40 PVC Sewer Services
EACH
40
$600.00
$24,000.00
40
$24,000.00
SUBTOTAL ITEMS 301 - 303
$55,583.00
$55,583.00
DRAINAGE & MISCELLANEOUS WORK
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
401
Catch Basin w/ Inlet
EA.
1
$1,200.00
$1,200.00
1
$1,200.00
402
Bike Path /6" base
LF
1,359
$12.00
$16,308.00
554
$6,650.40
403
Bike Path Muth 6 Bollards/12" base
LF
258
$15.50
$3,999.00
0
$0.00
404
Additional Bike Path (Jackson Peak to The North)
LF
124
$16.12
$1,998.88
0
$0.00
405
ISeeding
LS.
1.00
$1,000.00
$1,000.00
0
$0.00
406
Traffic Control
LS.
1.00
$300.00
$300.00
0.00
$0.00
407
Mobilization
LS.
1.00
$3,000.00
$3,000.00
0.66
$1,980.00
408
Construction Surveying
LS.
1.00
$9,000.00
$9,000.00
0.89
$8,010.00
SUBTOTAL ITEMS 401 - 408
$36,805.88
$17,840.40
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Paula Robinson, Flathead County MT by DD
4/29/2008 3:40 PM
UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
Completed To Date
February 19, 2008
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
501
Common Trench
LF
2,480
$ 4.00
$9,920.00
2,480
$9,920.00
502
Street Light Conduit Trench
LF
68
$ 4.00
$272.00
68
$272.00
503
3 Phase Vaults
EA
1
$ 1,280.00
$1,280.00
1
$1,280.00
504
Single Phase Vaults
EA
4
$ 730.00
$2,920.00
4
$2,920.00
505
Light Pole Bases (FEC)
EA
4
$ 550.00
$2,200.00
4
$2,200.00
506
5" Conduit
LF
120
$ 8.50
$1,020.00
120
$1,020.00
507
4" Conduit
LF
260
$ 6.80
$1,768.00
260
$1,768.00
508
3" Conduit
LF
4,068
$ 3.00
$12,204.00
4,068
$12,204.00
509
2" Conduit
LF
3,024
$ 2.75
$8,316.00
3,024
$8,316.00
510
1" Conduit
LF
98
$ 2.50
$245.00
98
$245.00
512
3" Steel or Fiberglass Sweeps
EA
3
$ 150.00
$450.00
3
$450.00
513
3" PVC Sweeps
EA
94
$ 50.00
$4,700.00
94
$4,700.00
514
2" PVC Sweeps
EA
105
$ 40.00
$4,200.00
105
$4,200.00
515
Secondary Pedestals
EA
19
$ 50.00
$950.00
19
$950.00
516 ISignaga
LS
1
$ 605.00
$605.00
1
$605.00
SUBTOTAL ITEMS 501-516
1
$51,050.00
$51,050.00
Total Construction
Total Construction Completed to Date
SERVICE COSTS, FEES, ENGINEERING
383,074.74
$270,919.24
Item
No.
Description
Unit
Measure
Estimated
Quanti
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
601
Flathead Electric
LUMP SUIV
1
$ 34,168.00
$ 34,168.00
100%
$34,168.00
602
Northwestern Energy
LUMP SUIV
1
$ 11,149.00
$ 11,149.00
100%
$11,149.00
603
Engineering, Construction
LUMP SUIV
1
$ 8,000.00
$ 8,000.00
80%
$6,400.00
SUBTOTAL ITEMS 601 - 603
$ 53,317.00
$51,717.00
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
$436,391.74
$
436,391.74
$
322,636.24
$
113,755.50
$
142,194.37
322,636.24
74%
113,755.50
$322,636. 44
$ 142,194.37 -'
$ 142,194.37 — — N
$0.00
$0.00 '
ITT T W
I WALC E 1< � 1
AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE III, 1 CERTIFY THAT THE -"j I i )
WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS E'v }
ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE t
. '14872PE1 a 1
VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: $ 322:636.24 i
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 113755.50� /)
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 142,194.37 i4 r
THEREFORE, IT IS IN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT
TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00
BRETT WALCHECK, P.E. "ALL IMPROVEMENTS SHALL BE COMPLETED BY: 6/3/2008