Subdivision Improvement AgreementReturn to: ,
Theresa White'
Kalispell City Clerk 0-7
P.O. Box 1997 vC� (- 11ce
Kalispell, MT 59903 � � r _. '
(
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 5th day of March , 2007, by and between the
CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the
CITY, and
NORTHSTAR ASSOCIATES L.L.C.
(Name of Developer)
a LIMITED LIABILITY COMPANY
(Individual, Company or Corporation)
located at 2239 Lower Valley Road, Kalispell, Montana 59901
(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 SPRING CREEK
ESTATES I
(Name of Subdivision)
located at NORTH %z OF SECTION 11 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
SPRING CREEK ESTATES I 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
$ 442,410.35
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
$ 553 012.94 . 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 $ 553 012.94
the estimated cost of completing the required improvements in
SPRING CREEK ESTATES I
(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 September 2, 20 08
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 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.
STATE OF MON_TANA
COUNTY OF i" t—A-7`Tttt-AD
On this 4 day of % 'ti 20 07 , before me, a Notary Public
for the State of Montana, personally appeared % s Ad 61known to
me to be tbe. ofSgca roc, Cae k. 4/ i, ri-Ia$ r c< 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. I f % 0tu. RV\eX0_V'S0V1
Notary Public for the State of Montana '=AL
_
Residing at OF
My Commission Expire i 1
ATTEST, -
CITY CLE
2007086
6
EXHIBIT "B"
CERTIFICATION OF WORK TO BE COMPLETED
SPRING CREEK ESTATES I
SUBDIVISION ROADS & OVERLOT GRADE
Completed To Date
December 12, 2006
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
101
Topsoil Removal/Replacement
C.Y.
36,626
$1.66
$66,980.56
36,526
$56,980.66
102
Excavation/Sub rade Prep
C.Y.
18,537
$1.63
$30,215.31
18,637
$30,216.31
103
Stabilization Fabric
S.Y.
44,680
$1.09
$48,701.20
44,680
$48,701.20
104
Select Subbase
C.Y.
11,170
$16.00
$178,720.00
11,170
$178,720.00
106
3/4" Crushed Gravel
C.Y.
7,446
$19.60
$145,197.00
7,446
$145,197.00
106
4" Ashpaltic Cement
S.Y.
38,166
$11.00
$419,716.00
31,660
$348,260.00
107
Curb & Gutter
L.F.
18,386
$10.25
$188,446.26
17,517
$179,649.25
108
Valley Gutters
LF
445
$20.83
$9,269.35
446
$9,269.35
109
6'x 4" Concrete Sidewalks / Gravel
S.F.
90,600
$3.56
$322,636.00
86,633
$308,413.48
SUBTOTAL ITEMS 101 - 109
$1,399,781.67
$1,306,306.16
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
201
12" Water Main
L.F.
270
$35.77
$9,657.90
270
$9,657.90
202
8" Water Main
L.F.
8,260
$24.06
$198,736.60
8,260
$198,736.60
203
12" Gate Valves & Boxes
E.A.
1
$1,888.09
$1,888.09
1
$1,888.09
204
8" Gate Valves & Boxes
E.A.
33
$1,248.91
$41,214.03
33
$41,214.03
205
12" & 8" Ductile Iron Fittings
E.A.
21
$628.06
$11,089.26
21
$11,089.26
206
Fire H drants w/ Tee, Pipe, Aux. Valve & Box
E.A.
23
$3,500.00
$80,500.00
23
$80,500.00
207
Water Services
E.A.
176
$479.31
$84,368.56
176
$84,368.56
208
Connect to Existing Main
E.A.
1
$414.99
$414.99
1
$414.99
SUBTOTAL ITEMS 201 - 208
$427 858.43
$427,868.43
SEWER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
QuantityUnit
Price
Total PriceCompleted-
Quantity
..
Total Cost
Completed
p
301
8" Sewer Main
L.F.
8,348
$18.66
$165,773.68
8,348
$165,773.68
302
4' Diam. Manholes w/ Ring & Cover
E.A.
36
$1,644.17
$69,190.12
36
$69,190.12
303
4" Sch. 40 PVC Sewer Services
E.A.
176
$568.36
$100,031.36
176
$100,031.36
304
Connect to existing
E.A.
1
$916.07
$916.07
1
$916.07
SUBTOTAL ITEMS 301 - 304
$315 911.23
$315,911.23
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.
1,711
$17.37
$29,720.07
1,711
$29,720.07
402
10" PVC Storm Drain / FE
L.F.
1,485
$20.40
$30,294.00
1,486
$30,294.00
403
12" PVC Storm Drain / FE
L.F.
605
$23.74
$14,362.70
605
$14,362.70
404
Catch Basin w/Inlet
EA.
36
$1,578.24
$66,816.64
36
$66,816.64
406
Storm Drainage Facility
EA.
1
$150,000.00
$150,000.00
0
$0.00
406
Riprap
C.Y.
50
$72.37
$3,618.50
0
$0.00
407
Silt Fence
LF
2,946
$2.36
$6,950.20
2,946
$6,950.20
408
Tracking Pad
LS.
1
$739.01
$739.01
1
$739.01
409
Bike Path 16" base
LF
1,653
$11.73
$19,389.69
0
$0.00
410
Mail Boxes Bases W/ Gravel
EA.
4
$1,125.98
$4,503.92
0
$0.00
411
CBU Mailboxes
EA.
12
$1,468.74
$17,624.88
0
$0.00
412
OPL Mailboxes
EA.
4
$761.76
$3,047.041
0
$0.00
413
Traffic Control
L.S.
1.00
$3,697.90
$3,697.90
100%
$3,697.90
414
Mobilization
L.S.
1.00
$16,984.01
$16,984.01
100%
$16,984.01
416
Construction Surveying
L.S.
1.00
$47,000.00
$47,000.00
100%
$47,000.00
416
Seeding/Landscaping Trees
L.S.
1.00
$125,000.00
$125,000.00
48%
$60,000.00
417
Fencing & Landscaping for Bike/Ped Path
L.S.
1.00
$30,000.00
$30,000.00
0%
$0.00
418
Park Improvements
L.S.
1.00
$40,000.00
$40,000.00
0%
$0.00
419
Fencing & Buffering SE Corner
L.S.
1.00
$6,600.00
$6,600.00
0%
$0.00
420
Si na a
L.S.
1.00
$5,000.00
$5,000.00
100%
$6,000.00
SUBTOTAL ITEMS 401 - 420
$611,248.56
$271,564.53
UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
Completed To Date
December 12, 2006
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
601
Common Trench
LF
12,410
$ 3.59
$44,661.90
12,410
$44,561.90
502
Street Light Conduit Trench
LF
1,090
$ 3.69
$3,913.10
1,090
$3,913.10
503
3 Phase Vaults
EA
7
$ 1,223.70
$8,665.90
7
$8,565.90
504
Single Phase Vaults
EA
27
$ 690.19
$18,635.13
27
$18,636.13
505
Light Pole Bases (FEC)
EA
31
$ 517.17
$16,032.27
31
$16,032.27
506
4" Conduit
LF
3,861
$ 5.63
$21,737.43
3,861
$21,737.43
507
3" Conduit
LF
26,104
$ 3.28
$82,341.12
26,104
$82,341.12
508
2" Conduit
LF
26,273
$ 2.32
$58,633.36
26,273
$68,633.36
509
1" Conduit
LF
2,323
$ 2.03
$4,716.69
2,323
$4,715.69
610
5" Steel or Fiberglass Sweeps
EA
11
$ 249.56
$2,745.05
11
$2,746.05
611
3" Steel or Fiberglass Sweeps
EA
15
$ 138.26
$2,073.90
15
$2,073.90
512
3" PVC Sweeps
EA
230
$ 47.30
$10,879.00
230
$10,879.00
513
2" PVC Sweeps
EA
456
$ 42.01
$19,156.56
456
$19,156.66
514
Secondary Pedestals
EA
105
$ 92.92
$9,756.60
106
$9,766.60
516
6" Sleeves for Gas Company
LF
595
$ 17.20
$10,234.00
595
$10,234.00
516
4" Sleeves for Gas Conmany
LF
140
$ 15.38
$2,153.20
140
$2,153.20
617
Si na a Installation
LS
1
$ 4,573.97
$4,573.97
1
$4,573.97
SUBTOTAL ITEMS 501-517
$320,698.18
$320,698.18
Total Project 3,075,498.07
Total Construction Completed to Date $2,641,338.52
SERVICE COSTS, FEES, ENGINEERING & SURVEYING
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
601
Flathead Electric
L.S.
1
$ 205,466.00
$ 205,466.00
100%
$205,466.00
602
Northwest Energy
L.S.
1
$ 90,482.00
$ 90 482.00
100%
$90 482.00
603
Centurytel
L.S.
1
$ 179,733.78
$ 179,733.78
100%
$179,733.78
604
Engineering, Design
L.S.
1
$ 183,361.17
$ 183,351.17
100%,
$183 351.17
605
Engineering, Construction
L.S.
1
$ 91,676*69
$ 91,675,59
91 %
$83 424.79
SUBTOTAL ITEMS 601 - 606
$ 750,708.54
1
$742,467.74
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
$3,826,206.61
$ 3,826,206.61
$ 3,383,796.26
$ 442,410.35
$ 663,012.94
$ 3,383,796.26
88%
$ 442,410.36
$ 553,012.94
$ 653,012.94
$0.00
$0.00
$0.00
AS PROJECT ENGINEER FOR THE SPRING CREEK ESTATES 1 SUBDIVISION, 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: $ 3,383,796.26
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 442,410.35
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 553,012.94
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: 9/2/2008
$3,383,796.26