SIA Phase 2 (Recorded)Return to: 1 IIIIIIII IIII HE III III 11111111111111111111111111111111111111111111111111111 HE 111I II I III IIII I11
200700022051 Fees: $35.00 by: JL
Theresa White AGREEMENT by KALISPELL CITY ATTN/T WHITE
Kalispell City Clerk Date 7/24/2007 Time 9:40 AM Page: 1 of 5
P.O. Box 1997 Paula Robinson, Flathead County Montana
Kalispell, MT 59903
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
t 0 THIS AGREEMENT, made and entered into this 2 day of July , 20 07, by and
C}
\A between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
Touchstone LLC. ,
Lo (Name of Developer)
�-- a LIMITED LIABILITY CORPORATION
a(Individual, Company or Corporation)
located at 1289 N. MERIDIAN RD, KALISPELL, MT. 59901 ,
V) (Street Address/P. O. Box) (City, County, State, Zip)
�3 Party of the Second Part and hereinafter referred to as DEVELOPER.
ITNESSETH:
THAT WHEREAS the Developer is the owner and developer of a new subdivision known as
MOUNTAIN VIST SUBDIVISION PHASE II ,
(Name of Subdivision)
fo located at PARCEL A OF CERTIFICATE OF SURVEY, LOCATED IN SECTION 2,
TOWNSHIP 28 N RTH RANGE 22 WEST P.M.M. FLATEHEAD COUNTY
MONTANA. 7
C (Location of Subdivision)
(j and,
l� (�Ebfh
0 WHEREAS, the Cityas conditioned it's approval of the final plat of
MOUNTAIN VISTAtt SUBDIVISION PHASE II , 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
d- completion of those improvements set forth in "Exhibit A"; and
oWHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a
to financial security of 125% of the estimated total cost of construction of said improvements as
6 evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit
R A"; and
d WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 76 056.20
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
$ 95,070.25 . 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 $ 95,070.25 ,
the estimated cost of completing the required improvements in
MOUNTAIN VIST SUBDIVISION PHASE II
r'
(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 29, 20 07
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.
Document Number: 200700022051
Page: 2
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.
_MOUNTAIN VISTA SUBDIVISION / TOUCHSTONE, LLC
(Name of Subdivision/Developer/Firm)
by _ 6
(Title)
STATE OF MONTANA
COUNTY OF F7L,4-rqeAD
On this 1-14 day of ifs , 20 Q , before me, a Notary Public
for the State of Montana, personally appeared DA Vi b t . kfk (.-k-E-M- , known to
me to be the of 11 `7 I-i-c, , whose
name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the
same.
IN *%''JITNtSS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal
this day ."ad year first above tten.
g YM�C- A1
--
Notary Publie for the State of Montana
Residing at ... - SIP
My Commission Expires 1J I,
ATTEST:
CITY CLERK
111111111 INl111ll11lll111l11 IIII IIIilll1111 IIII III IIIIIII 1 III I1111
Document Number: 200700022051
Page: 3
EXHIBIT l
MOUNTAIN
SUBDIVISION ROADS & OVERLOT GRADE
Completed To Date
June 18, 2007
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
101
Topsoil Removal/Replacement
C.Y.
11,930
$1.68
$20,042.40
8,948
$15,031.80
102
Excavation / Subgrade Prep
C.Y.
13,111
$2.08
$27,270.88
13,111
$27,270.88
103
Stabilization Fabric
S.Y.
12,738
$1.30
$16,559.40
12,738
$16,559.40
104
Select Subbase
C.Y.
3,185
$17.00
$54,145.00
3,185
$54,145.00
105
3/4" Crushed Gravel
C.Y.
2,000
$19.29
$38,580.00
2,000
$38,580.00
106
4" Ashpaltic Cement
S.Y.
10,443
$11.85
$123,749.55
7,911
$93,745.35
107
Curb & Gutter
L.F.
6,463
$10.50
$67,861.50
6,463
$67,861.50
108
Valley Gutters
LF
84
$30.00
$2,520.00
84
$2,520.00
109
5' x 4" Concrete Sidewalks / Gravel
S.F.
32,532
$3.50
$113,862.00
32,532
$113,862.00
SUBTOTAL ITEMS 101 - 110
T $464,590.73
$429,575.93
WATER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
201
12" Water Main
L.F.
242
$32.50
$7,865.00
242
$7,865.00
202
8" Water Main
L.F.
3,084
$21.00
$64,764.00
3,084
$64,764.00
203
12" Gate Valves & Boxes
EACH
2
$2,000.00
$4,000.00
2
$4,000.00
204
8" Gate Valves & Boxes
EACH
13
$1,300.00
$16,900.00
13
$16,900.00
205
12" & 8" Ductile Iron Fittings
EACH
1 5
1 $600.00
1 $3,000.00
5
$35000.00
206
Fire Hydrants w/ Tee, Pipe, Aux. Valve & Box
EACH
8
$4,200.00
$33,600.00
8
$33,600.00
207
Water Services
EACH
69
$560.00
$38,640.00
69
$38,640.00
SUBTOTAL ITEMS 201 - 207
$168,769.00
$168,769.00
SEWER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
301
8" Sewer Main
L.F.
3,091
$18.75
$57,956.25
3,091
$57,956.25
302
4' Diam. Manholes w/ Ring & Cover
EACH
14
$1,600.00
$22,400.00
14
$22,400.00
303
4" Sch. 40 PVC Sewer Services
EACH
69
$600.00
$41,400.00
69
$41,400.00
SUBTOTAL ITEMS 301 - 303
$121,756.25
$121,756.25
DRAINAGE & MISCELLANEOUS WORK
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
401
12" PVC Storm Drain / FE
L.F.
543
$23.50
$12,760.50
543
_
$12,760.50
402
12" CMP Storm Drain / FE
L.F.
85
$25.00
$2,125.00
85
$2,125.00
403
Catch Basin w/ Inlet
EA.
6
$1,200.00
$7,200.00
6
$7,200.00
404
Bike Path /6" base
LF
410
$13.00
$5,330.00
410
$5,330.00
405
Bike Path /With 6 Bollards/12" base
LF
610
$17.00
$10,370.00
610
$10,370.00
406
Seeding
LS.
1.00
$1,500.00
$1,500.00
0
$0.00
407
Traffic Control
LS.
1.00
$450.00
$450.00
1
$450.00
408
Mobilization
LS.
1.00
$4,500.00
$4,500.00
1
$4,500.00
'910
P ak i),FU ? 4c-
1.00
$38,868.00
$38,868.00
0
$0.00
409
Construction Surveying
LS.
1.00
$9,000.00
$9,000.00
1
$9,000.00
SUBTOTAL ITEMS 401 -409
$92,103.50
1 $51,735.50
IIII I IIII IIIII II I I I I I I I II I II I II III) III I IIIIi 111 l 111 II II I� I � II I II III
Document Number: 200700022051
Page: 4
UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
Completed To Date
June 18, 2007
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
501
Common Trench
LF
4,673
$ 4.00
$18,692.00
4,673
$18,692.00
502
Street Light Conduit Trench
LF
155
$ 4.00
$620.00
155
$620.00
503
3 Phase Vaults
EA
3
$ 1,280.00
$3,840.00
3
$3,840.00
504
Single Phase Vaults
EA
12
$ 730.00
$8,760.00
12
$8,760.00
505
Light Pole Bases (FEC)
EA
12
$ 550.00
$6,600.00
12
$6,600.00
506
5" Conduit
LF
1,352
$ 8.50
$11,492.00
1,352
$11,492.00
507
4" Conduit
LF
468
$ 5.00
$2,340.00
468
$2,340.00
508
3" Conduit
LF
5,687
$ 3.00
$17,061.00
5,687
$17,061.00
509
2" Conduit
LF
7,083
$ 2.75
$19,478.25
7,083
$19,478.25
510
1" Conduit
LF
423
$ 2.50
$1,057.50
423
$1,057.50
511
5" Steel or Fiberglass Sweeps
EA
1
$ 175.00
$175.00
1
$175.00
512
3" Steel or Fiberglass Sweeps
EA
9
$ 150.00
$1,350.00
9
$1,350.00
513
3" PVC Sweeps
EA
105
$ 50.00
$5,250.00
105
$5,250.00
514
2" PVC Sweeps
EA
151
$ 40.00
$6,040.00
151
$6,040.00
515
Secondary Pedestals
EA
36
$ 50.00
$1,800.00
36
$1,800.00
516
Bresnan 2" Roll Pipe (Bresnan Supplied)
LF
2,600
$ 2.00
$5,200.00
2,600
$5,200.00
leeves for Gas Company
LF
120
$ 8.00
$960.00
120
$960.00
[C4�i'
leeves for Gas Conmany
LF
120
$ 3.35
$402.00
120
$402.00
a a
LS
1
$ 907.50
$907.50
1
$907.50
SUBTOTAL ITEMS 501-519
$112,025.25
$112,025.25
Total Construction Completed to Date $883,861.93
SERVICE COSTS, FEES, ENGINEERING & SURVEYING
Item
No.
Description
Unit
Measure
Estimated
Quanti
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
601
Flathead Electric
LUMP SUN
1
$ 105,433.00
$ 105,433.00
100%
$105,433.00
602
Northwest Energy
LUMP SUN
1
$ -
$ -
0%
$0.00
603
Centurytel
LUMP SUN
1
$
$
0%
$0.00
604
En ineerin , Construction
LUMP SU
1
$ 16,834.99
$ 16,834.99
96%
$16,161.59
SUBTOTAL ITEMS 601 - 604
1
$ 122,267.99
$121,594.59
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
$1,081,512.72
$
1,081,512.72
$
1,005,456.62
$
76,056.20
$
95,070.25
1,005,456.52
93%
76,056.20
$ 95,070.25
$ 95,070.25
$0.00
$0.00
$0.00
AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE II, 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: $
1,005,456.52
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $
76,056.20
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $
95,070.25
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:
II II I II I II � I I I III I III III II II I III I III I III II II I I II I I I II
Document Number: 200700022051
Page: 5
12/29/2007
$1,005,456.52