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SIA Phase 31 '' Return to: Theresa White Kalispell City Clerk P.O. Box 199 Kalispell, MT 59903 200700031775 Fees: $35.00 by: DD SUBDIVISION IMPROVEMENT AGREEMENT by KALISPE Date 10/17/2007 Time 2:31 PM Page: 1 of 5 Paula Robinson, Flathead County Montana APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of July , 2007, 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 L.L.P. (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 3 (Name of Subdivision) located at ASSESSOR'S TRACT ICA LOCATED IN SECTION 1 TOWNSHIP 28 NORTH 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 3, 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 © $ 151,019.50 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 $ 188 774.38 . 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 $ 188 774.38 the estimated cost of completing the required improvements in NORTHLAND SUBDIVISION PHASE 3 (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, 15 , 20 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. I IIIIIIII IIII IIIII III II I III IIIiI IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII Iili II I III IIII IIII Document Number: 200700031775 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. NORTHLAND SUBDIVISION PHASE 3 BRIDGELAND DEVELOPMENT L.L.P. (Name of Subdivision/Developer/Firm) ,I by (Title) STATE OF MONTANA COUNTY OF 1 ja f f2 mac, On this day of j Ut 20 , before me, a Notary Public for the State o Montana, personally appeared rt.,•, ® known to me to be the S • of m,- f �� ,,,; �,�, 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. - Notary Publi for the State of Montana Residing at K ,��� My Commission Expires e> p2&o MAYOR. CITY OF KALISPELL YOR MARILYN DUNK NOTARY PUBLIC-MONTANA *i NOTARIAL`: • SEAL Residing at Kalispell, Montana 9pF \`\` qr 1HIA My Comm. Expires Sept. 20, 2009 ATTEST: CITY CLERK III i l 11 lIIIIIIIIII III 11111111111111111111111111111111111111111111111I I III III1111111111111111 IN Document Number: 200700031775 Page: 3 EXHIBIT "A" CERTIFICATION OF WORK TO BE COMPLETED NORTHLAND SUBDIVISION, PHASE 3 SUBDIVISION ROADS & OVERLOT GRADE COMPLETED TO DATE May 1, 2007 Item No. Description Unit Measure Estimated QuantityUnit Price Total Price L COST LETED 101 Excavation / Subgrade Pre C.Y. 46,500 6,820 2,380 1,191 7,447 4,247 18,860 3,088 $ 2.22 $ 103 230.003 230.00 102 Stabilization Fabric S.Y. $ 1.00 $ 6,820.006 ii'M191$18,520.05 820.00 103 Select Subbase C.Y. $ 12.50 $ 29 750.009 750.00 104 3/4" Crushed Gravel C.Y. $ 15.55 $ 18 620.058 520.05 105 4" Ash attic Cement S.Y. $ 8.55 $ 63 671.86 7,447 $63 671.85 106 Curb & Gutter L.F. $ 8.25 $ 35 037.75 4,247 $35 037.75 107 5' x 4" Concrete Sidewalks I Gravel S.F. $ 2.90 $ 54 694.00 0 $0.00 108 5" x 6" Concrete Sidewalks / Gravel S.F. $ 3.75 $ 11 680.00 0 $0.00 SUBTOTAL ITEMS 101-109 $ 323,303.66 $257,029.65 WATER SYSTEM COMPLETED TO DATE May 1, 2007 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 201 8" Water Main L.F. 2,192 $ 15.75 $ 34 524.00 2,192 $34 524.00 202 8" Gate Valves & Boxes EACH 9 $ 955.00 $ 8,595.00 9 $8 595.00 203 8" Ductile Iron Fittings EACH 5 $ 435.00 $ 2,175.00 5 $2 176.00 204 Fire Hydrants w/ Aux. Valve & Box EACH 5 $ 2,755.00 $ 13 775.00 5 $13 775.00 205 Water Services EACH 19 $ 510.00 $ 9,690.00 19 $9 690.00 SUBTOTAL ITEMS 201 - 205 $ 68,759.00 $68,759.00 SEWER SYSTEM COMPLETED TO DATE May 1, 2007 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 301 8" Sewer Main L.F. 1,730 $ 15.20 $ 26 296.00 1,730 $26 296.00 302 4' Diam. Manholes w/ Ring & Cover EACH 9 $ 1,630.00 $ 14 670.00 9 $14 670.00 303 4" Sch. 40 PVC Sewer Services EACH 19 $ 460.00 $ 8,740.00 19 $8 740.00 SUBTOTAL ITEMS 301 - 303 $ 49,706.00 $49,706.00 DRAINAGE & MISCELLANEOUS WORK COMPLETED TO DATE May 1, 2007 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 401 8" PVC Storm Drain L.F. 244 $ 14.00 $ 3,416.00 244 $3 416.00 402 Catch Basin w/ Inlet EA. 4 $ 1,262.00 $ 5,048.00 4 $5 048.00 403 Riprap C.Y. 19 $ 68.00 $ 1,292.00 19 $1 292.00 404 Topsoil Removal C.Y. 21,700 $ 1.10 $ 23 870.00 21,700 $23 870.00 405 ISeedinq LUMP SUM 1.00 $ 8,000.00 $ 8,000.00 1 $8 000.00 406 Tree's EA. 52.00 $ 350.00 $ 18 200.00 0 $0.00 407 Park - 20' Shelter EA. 1.00 $ 20 000.00 $ 20 000.00 1 0 $0.00 406 Park - Play Structure EA. 1.00 $ 30 000.00 $ 30 000.00 1 0 $0.00 406 Park - Benches EA. 6.00 $ 450.00 $ 2,700.00 0 $0.00 406 Park - Trees EA. 19.00 $ 500.00 $ 9,500.00 0 $0.00 407 Park - Path S.F. 11,719 $ 1.50 $ 17 578.50f!IL�$4,1100.00 3 233.00 407 Mobilization LUMP SUM 1.00 $ 4,100.00 $ 4,100.00401 -407 $ 143,704.50 ,959.00 11111111111111111III111111ITI11111111111111111111111111111111111 1111111111 Document Number: 200700031775 Page: 4 UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS COMPLETED TO DATE May 1, 2007 Item No. Description Unit Measure Estimated Quantity Unit Price ToU73 QUANTITY COMPLETED TOTAL COST COMPLETED 501 UtilityTrench w/ BeddingL.F. 2,611 $ 3.00 $ 2,611 $7 833.00 502 2" Conduit w/ Pull Roe L.F. 2 841 $ 1.70 $ 2 841 $4 829.70 503 3" Conduit w/ Pull Roe L.F. 2 841 $ 2.20 $ 2 841 $6 250.20 504 4" Conduit w/ Pull Roe L.F. 1 647 $ 2.60 $ 1,647 $4 282.20 4" and 3" Sweeps EACH 62 $ 52.00 $ 3,224.00 62 $3 224.00 1 Phase Transformer Vault EACH 4 $ 525.00 $ 2,100.00 4 $2 100.00 K5O7 3 Phase Transformer Vault EACH 2 $ 1 050.00 $ 2 100.00 2 $2 100.00 Street Li ht Bases EACH 8 $ 600.00 $ 4 800.00 8 $4 800.00 Si na a Installation LUMP SUM 0.31 $ 2,180.00 $ 675.80 0.3 $675.80 SUBTOTAL ITEMS 501-510 1 1 $ 36,094.90 $36,094.90 SERVICE COSTS, FEES, ENGINEERING & SURVEYING COMPLETED TO DATE May 1, 2007 Item No. Description Unit Measure Estimated Quantity Unit Price Total Price QUANTITY COMPLETED TOTAL COST COMPLETED 601 Flathead Electric LUMP SUM 1.00 $ 71 147.00 $ 71 147.00 100% $71 147.00 602 Northwest Energy LUMP SUM 1.00 $ 10 851.00 $ 10 851.00 100% $10 851.00 603 Centurytel LUMP SUM 1.00 $ 10 611.00 $ 10 611.00 100% $10 611.00 604 Engineering, Design LUMP SUM 0.00 $ 37 294.08 $ 0% $0.00 605 Engineering, Construction LUMP SUM 0.00 $ 18 647.04 $ 0 % $0.00 SUBTOTAL ITEMS 601 - 606 1 $ 92,609.00 1 $92,609.00 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 AS PROJECT ENGINEER FOR NORTHLAND SUBDIVISION, PHASE 3, I 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: 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. $ 714,17 1 $ 563,157.55 $ 714,177.05 $ 663,167.65 $ 151,019.50 $ 188,774.38 $ 563,157.55 79 $ 151,019.50 $ 188,774.38 $ 188,774.38 $0.00 $0.00 $0.00 563,157.55 151,019.50 188,774.38 'ALL IMPROVEMENTS SHALL BE COMPLETED BY: 7/15/2008 i IIIIIIII IIII (IIII III II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII (IIII (IIII IIIII IIIII IIII II I III IIII IIII Document Number: 200700031775 Page: 5