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Theresa White titT I y
Kalispell City Clerk $
P.O. Box 1997 PAULA ROBIN50N FLATKAD CIOUNTY MONTANA
Kalispell, MT 59903
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®® SUBDIVISION IMPROVEMENT AGREEMENT
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THIS AGREEMENT, made and entered into this RD day of jr- i d)iyj�L , 200 ,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First
® Part and hereinafter referred to as the CITY, and JEFFREY H. THIESEN a.k.a. JEFF THIESEN &
® KAREN J. THIESEN, a.k.a. KAREN THIESEN located at 789 Fifth Ave. WN, Kalispell, MT 59901,
Owl Party of the Second Part and hereinafter referred to as DEVELOPER.
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®® WITNESSETH:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision kriown as
SINOPAH SUBDIVISION located at 1270 & 1288 N. Meridian Rd. and 121 & 125 Northwest Ln.
qb Kalispell, Montana and, ) ,?00-r 9,0 ?POO
® WHEREAS, the City has conditioned it's approval of the final plat of SINOPAH SUBDIVISION,
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upon the conditions as set forth 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
qwishes to bond for the completion of those improvements set forth in "Exhibit A"; and
If 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
O WHEREAS, the estimated total cost of construction of said improvements is the sum of
$77,312.00.
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® 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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9 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 $96,640.00.
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:
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0 0 a. That the creditor guarantees funds in the sum of $96,640.00 the estimated cost
of completing the required improvements in SINOPAH SUBDIVISION.
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Q 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 November 1, 2005.
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.
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 hnprovement
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.
Aa.
F Y . THIESEN
.a. JEFF THIESEN
STATE OF MONTANA )
ss.
County of Flathead
KAREN J. THIMEN
a.k.a. KAREN THIESEN
This instrument was acknowledged before me on e t r ;, 200�
by Jeffrey H. Thiesen, a.k.a. Jeff Thiesen and Karen J. Thiesen, a.k.a. Karen Thiesen.
Printed Name
Notary Public for the State of Montana
= Residing at ``jc n- -.P<i
,' My Commission Expires
'�dFIl11{IJ{111i\\
MA-rQ
R, CITY OF KALISPELL ATTEST:
MAYOR
Exhibit• 2 nd Sudivision• • • for
Sinopah Subdivision
ESTIMATED COST OF REMAINING IMPROVEMEVTS
November 23, 2005
UNIT TOTAL % % UNDONE
Item No. ITEM UNIT COST OUANTITY nr)NF IINnr)NF rr1RT
101
8" AWWA C-900 PVC Water Main
L. F.
$ 21.50
535
$ 11,503
100%
0%
$
102
8" Misc. Ductile Iron Fitting
Each
$ 416.67
3
$ 1,250
100%
0%
$
103
Gate valve & box
Each
$ 530.00
1
$ 530
100%
0%
$
104
Fire hydrant assembly
Each
$ 3,100.00
2
$ 6,200
99%
1%
$ 50
105
3/4" water services
Each
$ 749.00
22
$ 16,478
100%
0%
$ -
106
2 inch blowoff
Each
$ 750.00
1
$ 750
73%
27%
$ 200
107
Connection to Exist. Water Main
Each
$ 2,569.00 1
1 1
$ 2,569 1
100%
0%
$ -
108
Paving restoration
Each
$ 4,250.00 1
1 1
$ 4,250 1
100%
00/6
$ -
WATER SUB -TOTAL $ 43,530 $ 250
201
8" SDR-35 PVC Sewer Main
L. F.
$ 20.50
845
$ 17,323
100%
0%
$ -
202
Manhole
Each
$ 1,750.00
3
$ 5,250
90%
10%
$ 525
203
4-inch sewer service
L.S.
$ 75.00
22
$ 1,650
100%
0%
$ -
204
Northwest Lane Paving Restoration
L. S.
$ 7,250.00
1
$ 7,250
100%
0%
$ -
SEWER SUB -TOTAL $ 31,473 $ 525
301
Roadway - 32 feet wide plus cul-de-sac
S.F.
$ 2.75
19,898
$ 54,660
97%
3%
$ 1,500
302
Curb & gutter
L.F.
$ 8.75
1,120
$ 9,800
100%
0%
$ -
303
Sidewalk
S.F.
$ 3.42
5,897
$ 20,169
0%
100%
$ 20,169
304
Boulevard topsoil
S.F.
$ 0.23
6,720
$ 1,575
0%
100%
$ 1,575
305
Street trees
Each
$ 200.00
22
$ 4,400
0%
100%
$ 4,400
306
Street signs
Each
$ 300.00
1
$ 300
80%
20%
$ 60
307
Catch basins
Each
$ 1,150.00
2
$ 2,300
100%
0%
$ -
308
8-inch PVC storm drain
L.F.
$ 15.00
130
$ 1,950
0%
$ -
309
12-inch steel culvert
L.F.
$ 18.50
72
$ 1,332
20%
$ 266
310
Storm water pond/ radin
L. S.
$ 2,650.00
1
$ 2,650
E70%
30%
$ 795
311
Mailbox pull -off
L. S.
$ 1,200.00
1
$ 1,200
100%
$ 1.200
STREET SUB -TOTAL $ 100,336 $ 29,966
401
Common trench for Elec,Tel, TV
L.F.
$ 2.50
1,350
$ 3,375
100%
0%
$
402
1-inch conduit with pull rope - street lights
L.F.
$ 1.50
135
$ 203
100%
0%
$
403
2-inch conduit with pull rope - tel & CableTV
L.F.
$ 2.00
2,400
$ 4,800
100%
0%
$
404
3-inch conduit with pull roe
L.F.
$ 2.50
2,000
$ 5,000
100%
0%
$
405
Vaults
Each
$ 625
2
$ 1,250
100%
0%
$
406
Street lights
Each
$ 450
3
$ 1,350
100%
0%
$
UTILITY SUB -TOTAL $ 15,978 $
501
Natural Gas Company Construction Fees
Each
$ 9,530
1
$ 9,530
1 100%
0%
$
502
Electric Company Construction Fees
Each
$ 20,009
1
$ 20,009
1 100%
0%
$
503
Telephone Company Construction Fees
Each
$ 6,466
1
$ 6,466
1 100%
0%
$
U I ILIIT YCC JUtS-IUTAL $ 3b'uub $ -
601 Demolition of Existing Structures I Each $ 7,510 1 1 $ 7,510 1 100% 0% $
DEMOLITION SUB -TOTAL $ 7,510 $
Total Construction cost: $ 234,831 $ 30,740
Amount complete: $ 204,091 86.9%
Amount remaining: $ 30,740 13.1%
SUB -TOTAL REMAINING CONSTRUCTION COSTS: $ 30,740
CITY OF KALISPELL REQUIRED 25% ADDITION TO CONSTRUCTION COSTS:
TOTAL REQUIRED FOR IMPROVEMENT GUARANTEE: $ 38,426
THE ESTIMATED COSTS LISTED ABOVE ACCURATELY REFLECT THE ENGINEER'S OPINION OF CONSTRUCTION COSTS
FOR COMPLETING THE REMAINING IMPROVEMENTS REQUIRED IN THE CONDITIONS OF PRELIMINARY PLAT APPROVAL
OF THE SINOPAH SUBDIVISON.
CARVER ENCCtl__
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ANDREW J. HYDE, P.E.