SIA Phase 1 (Recorded)Return R' to:
Theresa White
Kalispell City Clerk - 4 5-��-- El
P.O. Box 1997 Ai. LA R0a),N. 0N1 TIAE� AM CON `I N MO,,JAN(I
Kalispell, MT 59903 &1 .1a0& f I 10 f
APPENDIX
SUBDIVISION''t AGREEMENT
THIS AGREEMENT, made and entered into this 5 day of .Tune , 20 06, by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and
hereinafter referred to as the CITY, and
Touchstone LLC.
(Name of Developer)
a LIMITED LIABILITY PARTNERSHIP
(Individual, Company or Corporation)
located at 1289 N. MERIDIAN RD, KALISPELL, MT. 59901 ,
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
owner and developer of a new subdivision known as
(Name of Subdivision)
located at PARCELS A&B OF CERTIFICATE OF SURVEY, LOCATED IN SECTION 2,
TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATEEAD COUNTY,
ONTANA. ,
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
MOUNTAIN VISTA PHASE 1 , upon the conditions as set forth
(Name of Subdivision) -57-47-
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
A" • and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 348,568.29
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by
the City, the Developer hereby agrees as follows:
Mountain Vista Subdivision, Phase 1
Subdivision Improvement Agreement
Page 1 of 3
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
$ 435 710.36 . 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 $ 435 710.36 ,
the estimated cost of completing the required improvements in
MOUNTAIN VISTA PHASE 1
(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 2, 20 06
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.
Mountain Vista Subdivision, Phase 1
Subdivision Improvement Agreement
Page 2 of 3
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 / TOUCHSTONE LLC ,
(Name of Subdivision/Developer/Firm)
by -, ,
(Title)
STATE OF MONTANA
COUNTY OF
<'ie-
On this day of , 20 do, before me, a Notary Public
for the State of Montana, personally appeared known to
me to be the `t �� -, of , 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.
o Public for the State o ontana = 1
d c at Kal:,;el', Idonk
Resi m at Z n
My Commission Expires
ATTEST:
CITY CLERK
Mountain Vista Subdivision, Phase 1
Subdivision Improvement Agreement
Page 3 of 3
EXHIBIT "A"
CERTIFICATION OF WORK TO BE COMPETED
MOUNTAIN VISTA PHASE I
SUBDIVISION ROADS & OVERLOT GRADE
Completed To Date
May 26, 2006
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
101
Topsoil Removal/Replacement
C.Y.
17,000
$1.68
$28,560.00
17,000
$28,560.00
102
Excavation / Subgrade Prep
C.Y.
94,698
$2.08
$196,971.84
94,698
$196,972.05
103
Stabilization Fabric
S.Y.
10,449
$1.10
$11,493.90
10,449
$11,493.90
104
Select Subbase
C.Y.
2,821
$16.94
$47,787.74
2,821
$47,787.74
105
3/4" Crushed Gravel
C.Y.
1,622
$19.12
$31,012.64
1,622
$31,012.64
106
4" Ashpaltic Cement
S.Y.
9,858
$8.75
$86,257.50
0
$0.00
107
Curb & Gutter
L.F.
6,144
$8.05
$49,459.20
6,144
$49,459.20
108
Valley Gutters
LF
126
$25.88
$3,260.88
0
$0.00
109
5' x 4" Concrete Sidewalks / Gravel
S.F.
24,920
$3.49
$86,970.80
0
$0.00
110
5' x 6" x 20' Concrete Sidewalks / Gravel
S.F.
5,800
$4.64
$26,912.00
0
$0.00
SUBTOTAL ITEMS 101 - 110
$568,686.50
$365,285.53
WATER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
201
12" Water Main
L.F.
232
$28.21
$6,644.72
20
$564.20
202
8" Water Main
L.F.
2,996
$19.86
$59,500.56
2,773
$55,071.78
203
12" Gate Valves & Boxes
EACH
2
$1,917.30
$3,834.60
1
$1,917.30
204
8" Gate Valves & Boxes
EACH
15
$1,190.20
$17,863.00
14
$16,662.80
205
12' & 8" Ductile Iron Fittings
EACH
12
$483.77
$5,805.24
13
$6,289.01
206
Fire Hydrants w/ Tee, Pipe, Aux. Valve & Box
EACH
8
$3,416.40
$27,331.20
7
$23,914.80
207
Water Services
EACH
59
$614.38
$36,248.42
57
$35,019.66
SUBTOTAL ITEMS 201 - 207
$157,117.74
$139,439.55
SEWER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
301
8" Sewer Main
L.F.
1,884
$18.01
$33,930.84
1,786
$32,165.86
302
4' Diam. Manholes w/ Ring & Cover
EACH
13
$1,649.49
$21,443.37
12
$19,793.88
303
4" Sch. 40 PVC Sewer Services
EACH
39
$623.67
$24,323.13
38
$23,699.46
304
2" HDPE Force Main
L.F.
820
$15.00
$12,300.00
820
$12,300.00
305
2" HDPE Force Main Cleanouts
EACH
2
$539.06
$1,078.12
2
$1,078.12
306
E1 Sewer Service Assembl
EACH
18
$802.20
$14,439.60
18
$14,439.60
SUBTOTAL ITEMS 301 - 306
$107,515.06
1 $103,476.92
DRAINAGE & MISCELLANEOUS WORK
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
401
8" PVC Storm Drain / FE
L.F.
257
$17.63
$4,605.21
270
$4,733.10
402
12" PVC Storm Drain / FE
L.F.
780
$22.08
$17,222.40
514
$11,349.12
403
12" CMP Storm Drain / FE
L.F.
0
$19.52
$0.00
0
$0.00
404
12" RCP Storm Drain/FE
L.F.
60
$46.08
$2,764.80
0
$0.00
405
18" RCP Storm Drain / FE
L.F.
205
$50.00
$10,250.00
0
$0.00
406
24" CMP Storm Drain / FE
L.F.
70
$29.83
$2,088.10
0
$0.00
407
Catch Basin w/ Inlet
EA.
11
$644.30
$7,087.30
11
$7,087.30
408
Precast Drywell Structures
EA.
2
$1,113.26
$2,226.50
2
$2,226.50
409
Pond Outlet Structure
EA.
1
$1,445.00
$1,445.00
0
$0.00
410
Riprap
C.Y.
70
$30.00
$2,100.00
0
$0.00
411
Silt Fence
LF
2,779
$3.02
$8,392.58
2,779
$8,392.58
412
Tracking Pad
LS.
1
$1,335.00
$1,335.00
1
$1,335.00
413
Bike Path 16" base
LF
484
$9.89
$4,786.76
0
$0.00
414
Bike Path /With 6 Bollards/12" base
LF
484
$13.34
$6,456.56
0
$0.00
415
Mail Boxes Bases W/ Gravel
EA.
4
$1,200.00
$4,800.00
0
$0.00
416
CBU Mailboxes
EA.
11
$1,225.00
$13,475.00
0
$0.00
417
OPL Mailboxes
EA.
4
$1,225.00
$4,900.00
0
$0.00
418
Seeding
LS.
1.00
$2,500.00
$2,500.00
0
$0.00
420
Traffic Control
LS.
1.00
$750.00
$750.00
50%
$375.00
421
Mobilization
LS.
1.00
$7,500.00
$7,500.00
100%
$7,500.00
422
Construction Surveying
LS.
1.00
$27,000.00
$27,000.00
85%
$22,950.00
423
Street Si na a
LS.
1.00
$1,512.50
$1,512.50
85%
$1,285.63
SUBTOTAL ITEMS 401 - 423
$133,097.71
$67,234.23
UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
Completed To Date
May 26, 2006
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
501
Common Trench
LF
5,360
$ 5.25
$28,140.00
6,279
$27,714.75
502
Street Light Conduit Trench
LF
110
$ 5.25
$577.50
310
$1,627.50
503
3 Phase Vaults
EA
5
$ 1,100.00
$5,500.00
5
$5,500.00
504
Single Phase Vaults
EA
11
$ 726.25
$7,988.75
11
$7,988.75
505
Light Pole Bases (FEC)
EA
10
$ 500.00
$5,000.00
10
$5,000.00
506
5" Conduit
LF
2 161
$ 8.67
$18,649.17
2,123
$18,406.41
507
4" Conduit
LF
300
$ 3.34
$1,002.00
220
$734.80
508
3" Conduit
LF
8,757
$ 2.79
$24,432.03
7,860
$21,929.40
509
2" Conduit
LF
8,400
$ 2.25
$18,900.00
7,170
$16,132.50
510
1" Conduit
LF
623
$ 3.17
$1,974.91
370
$1,172.90
511
5" Steel or Fiberglass Sweeps
EA
7
$ 340.00
$2,380.00
6
$2,040.00
512
3" Steel or Fiberglass Sweeps
EA
8
$ 148.76
$1,190.00
11
$1,636.25
513
4" PVC Sweeps
EA
1
$ 50.00
$50.00
2
$100.00
514
3" PVC Sweeps
EA
120
$ 50.00
$6,000.00
107
$5,350.00
615
2" PVC Sweeps
EA
226
$ 38.00
$8,588.00
228
$8,664.00
616
Secondary Pedestals
EA
34
$ 50.00
$1,700.00
31
$1,550.00
517
Bresnan 2" Roll Pie Bresnan Supplied)
LF
2000
$ 2.00
$4,000.00
1,723
$3,446.00
518
6" Sleeves for Gas Company
LF
120
$ 8.00
$960.00
79
$632.00
519
4" Sleeves for Gas Conmany
LF
120
$ 3.34
$400.80
356
$1,189.04
SUBTOTAL REVISED UTILITIES SCHEDULE1
$130,814.30
Total Construction Completed to Date $806,250.52
SERVICE COSTS, FEES, ENGINEERING & SURVEYING
Item
No.
Description
Unit
Measure
Estimated
Quanti
Unit Price
Total Price7
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
601
Flathead Electric
SUN
1
$ 94 154.00
$ 105 841.00
100%
$94154.00
602
-LUMP
Northwest Energy
LUMP SUN
1
$ 32 000.00
$ 32 000.00
100%
$32 000.00
603
Genturytel
LUMPSUN
1
$ 54 266.80
$ 54 266.80
100%
$54 266.80
604
Engineering, Design]LUMP
SUN
1
$ 112 233.16
$ 112 233.16
100%
$112 233.16
605
Engineering,Construction
UMP SU
1
$ 56 116.63
$ 56 116.63
30°/
$16 834.99
606
Surveying,Legal
UMP SU
1
$
$
$0.00
SUBTOTAL ITEMS 601 - 608
1 1
$ 360,457.59
$309,488.95
TOTAL PROJECT BUDGET
TOTAL ESTIMATED COST OF CONSTRUCTION
AMOUNT COMPLETED PRIOR TO BONDING
AMOUNT OF REMAINING WORK PRIOR TO BONDING
AMOUNT OF BOND (126% 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
$1,464,307.76 $1,115,739.47
$ 1,464,307.76
$ 1,115,739.47
$ 348,568.29
$ 435,710.36
1,115,739.47
76 %
348,568.29
$ 435,710.36
$ 436,710.36
$0.00
$0.00
��$0.00
AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE 1, 1 CERTIFY THAT THE
WORK LISTED HEREIN IS CORRECT. IN ADDITION, 1 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: $ 1,115,739.47
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 348,568.29
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 436,710.36
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: 12/212006
CONSENT DATE 6/1/2006
BANK BOND DATEBRETT W.
CK
1/31/2007
1
6 iW
W)
No. 14872FPE1jjj
\ �v �9
EXHIBIT "A"
CERTIFICATION OF WORK TO BE COMPLETED
MOUNTAIN VISTA PHASE I
SUBDIVISION ROADS & OVERLOT GRADE
Completed To Date
May 26, 2006
Item
Unit
Estimated
Quantity
Total Cost
No.
Description
Measure
t
Quantity
Unit Price
Total Price
Completed
Completed
107
Curb & Gutter not completed by the Catch Basins
L.F.
1761
$8.051
$1,416.80
0
$0.00
TOTAL ESTIMATED COST OF CONSTRUCTION $1,416.80
AMOUNT COMPLETED PRIOR TO BONDING $
AMOUNT OF REMAINING WORK $ 1,416.80
AMOUNT OF CASHIERS CHECK (125% OF REMAINING WORK) $ 1,771.00
AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE I, 1 CERTIFY THAT THE
WORK LISTED HEREIN IS CORRECT. IN ADDITION, 1 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: $1,416.80
BRETT WALCHECK, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY 12/2/2006
CONSENT DATE 61512016
BANK BOND DATE 1¢3V2 r