SIA Phase 2J
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this V day of 3 r•u� ,
20 06, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the
First Part and hereinafter referred to as the CITY, and
BRIDGELAND DEVELOPMENT LLP.
(Name of Developer)
a LIMITED LIABILITY PARTNERSHIP ,
(Individual, Company or Corporation)
located at 622 ST. ANDREWS DRIVE, COLUMBIA FALLS, MT. 59912 ,
(Street Address/P. O. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision
known as NORTHLAND SUBDIVISION, PHASE 2 ,
(Name of Subdivision)
located at ASSESSOR'S TRACT ICA, LOCATED IN SECTION 1, TOWNSHIP 28,
RANGE 22 WEST, P.M.M., FLATEHEAD COUNTY, MONTANA. ,
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
NORTHLAND SUBDIVISION, PHASE 2 , 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
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
$ 138 184.83
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
$ 172,731.04 . 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:
Northland Subdivision, Phase 2
Subdivision Improvement Agreement
Page 1 of 1
a. That the creditor guarantees funds in the sum of $ 172 731.04 ,
the estimated cost of completing the required improvements in
NORTHLAND SUBDIVISION, PHASE 2
(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 JULY ,
NO I 14
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.
Northland Subdivision, Phase 2
Subdivision Improvement Agreement
Page 2 of 2
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 of Subdiv' 'on/De er
by A Z-
(Title)
STATE OF MONTANA
COUNTY OF f/—,
On this Ac') day of z�avLta� 2 , 20 o , before me, a Notary Public
for the State of Montana, personally appeared v1 1 , known to
me to be the bkytaw of byk S - 1 &,/- t af, , 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
this day and year first above written.
%; -=N'dhivi
Not ry Public for the State of Montana
Residing at
My Commission Expires
AY R, CITY OF KALISPELL
MAYOR
ATTEST -
CITY CLERK
Northland Subdivision, Phase 2
Subdivision Improvement Agreement
Page 3 of 3
Notarial Seal
EXHIBIT "A"
CERTIFICATION OF WORK TO BE COMPLETED
NORTHLAND SUBDIVISION, PHASE 2
SUBDIVISION ROADS & OVERLOT GRADE
COMPLETED TO DATE
December 9, 2005
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
101
Excavation / Subgrade Prep
C.Y.
51,500
$ 2.22
$ 114 330.00
51,500
$114 330.00
102
Stabilization Fabric
S.Y.
10,230
$ 1.00
$ 10,230.00
10,230
$10 230.00
103
Select Subbase
C.Y.
4,061
$ 12.50
$ 50 762.50
4,061
$50 762.50
104
3/4" Crushed Gravel
C.Y.
1,882
$ 15.55
$ 29 265.10
1,882
$29 265.10
105
4" Ash attic Cement
S.Y.
11,955
$ 8.55
$ 102 215.25
11 644
$99 556.20
106
Curb & Gutter
L.F.
6,539
$ 8.25
$ 53 946.75
6 539
$53 946.75
107
5' x 4" Concrete Sidewalks I Gravel
S.F.
32,070
$ 2.90
$ 93 003.00
0
$0.00
108
5" x 6" Concrete Sidewalks / Gravel
S.F.
4,372
$ 3.75
$ 16 395.00
0
$0.00
SUBTOTAL ITEMS 101-109
$ 470,147.60
$358,090.55
WATER SYSTEM
COMPLETED TO DATE
December 9, 2005
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
201
8" Water Main
L.F.
3,528
$ 15.75
$ 55 566.00
3,528
$55,566.00
202
8" Gate Valves & Boxes
EACH
12
$ 955.00
$ 11 460.00
12
$11 460.00
203
8" Ductile Iron Fittings
EACH
6
$ 435.00
$ 2,610.00
6
$2 610.00
204
Fire Hydrants w/ Aux. Valve & Box
EACH
6
$ 2.755.00
$ 16 530.00
6
$16 530.00
Water Services
EACH
33
$ 510.00
$ 16830.00
33
$16830.00
E206Connection
to Existing Main
EACH
$ 380.00
$
0
$0.00
SUBTOTAL ITEMS 201 - 206
$ 102,996.00
$102.996.00
SEWER SYSTEM
COMPLETED TO DATE
December 9, 2005
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
301
8" Sewer Main
L.F.
2,320
$ 15.20
$ 35 264.00
2,320
$35 264.00
302
4' Diam. Manholes w/ Ring & Cover
EACH
10
$ 1,630.00
$ 16 300.00
10
$16 300.00
303
4" Sch. 40 PVC Sewer Services
EACH
33
$ 460.00
$ 15 180.00
33
$15 180.00
304
Connection to ExistingManhole
LUMP SUM
$ 880.00
$
0
$0.00
SUBTOTAL ITEMS 301 - 305
1
1
$ 66,744.00
$66.744.00
DRAINAGE & MISCELLANEOUS WORK
.............._____-
COMPLETED TO DATE
December 9, 2005
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
401
8" PVC Storm Drain
L.F.
372
$ 14.00
$ 5,208.00
372
$5 208.00
402
Catch Basin w/ Inlet
EA.
7
$ 1,262.00
$ 8,834.00
7
$8 834.00
403
Riprap
C.Y.
31
$ 68.00
$ 2108.00
31
$2108.00
404
Topsoil Removal
C.Y.
30,300
$ 1.10
$ 33 330.00
30,300
$33 330.00
405
Seedinq
LUMP SUM
1.00
$ 10,200.00
$ 10 200.00
0
$0.00
406
Tree's
EA.21.00
00
$ 350.00
$ 12 600.00
0
$0.00
409
Mobilization
LUMP SUM
$ 4 000.00
$ 4,000.00
1
$4 000.00
SUBTOTAL ITEMS 401 - 412
$ 76,280.00
$53,480.00
UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
COMPLETED TO DATE
December 9, 2005
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
501
Utility Trench w/ Bedding
L.F.
1,701
$ 3.00
$ 5,103.00
1,701
$5 103.00
502
2" Conduit w/ Pull Roe
L.F.
3,223
$ 1.70
$ 5,479.10
3,223
$5 479.10
503
3" Conduit w/ Pull Roe
L.F.
693
$ 2.20
$ 1,524.60
693
$1 524.60
504
4" Conduit w/ Pull Roe
L.F.
1,647
$ 2.60
$ 4 282.20
1,647
$4 282.20
4" and 3" Sweeps
EACH
23
$ 52.00
$ 1,196.00
23
$1 196.00
1 Phase Transformer Vault
EACH
2
$ 525.00
$ 1,050.00
2
$1 050.00
r50
3 Phase Transformer Vault
EACH
1
$ 1 050.00
$ 1 050.00
1
$1 050.00
Street Li ht Bases
EACH
5
$ 600.00
$ 3,000.00
5
$3000.00
Si na a Installation
LUMP SUM
0.3
$ 2,180.00
$ 654.00
0.3
$654.00
SUBTOTAL ITEMS 501-510
$ 23,338.90
$23,338.90
SERVICE COSTS, FEES, ENGINEERING & SURVEYING
COMPLETED TO DATE
December 9, 2005
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
601
Flathead Electric
LUMP SUM
1
$ 66 792.00
$ 66 792.00
100 %
$66 792.00
602
Northwest Energy
LUMP SUM
1
$ 10 851.00
$ 10 851.00
100 %
$10 851.00
603
Centurytel
LUMP SUM
1
$ 15,210.00
$ 15 210.00
100 %
$15 210.00
604
Engineering,Design
LUMP SUM
1
$ 44 370.39
$ 44 370.39
100 %
$44 370.39
605
1 Engineering, Construction
LUMP SUM
1
$ 22 185.20
$ 22 185.20
85 %
$18 857.42
11
SUBTOTAL ITEMS 601 - 606
1 $156,080.81
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 NORTHLAND SUBDIVISION, PHASE 1, 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:
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:
$ 898,915. 1 $ 760,730.26
$ 898,915.09
$ 760,730.26
$ 138,184.83
$ 172,731.04
$ 760,730.26
85%
$ 138,184.83
$ 172,731.04
$ 172,731.04
$0.00
$0.00
$0.00
$ 760,730.26
$ 138,184.83
$ 172,731.04
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: 7/16/2005