SIA Phase 2SUBDIVISION IMPROVEMENT AGREEMENT
�1
THIS AGREEMENT, made and entered into this day of6�'dZliLt___,
2043, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTA A,
Party of the First Part and hereinafter referred to as the CITY, and NORMAN
SANDERSON, of APEX 1, LLC, located at 10 E. Roanoke Street #8, Seattle,
Washington 98102, Party of the Second Part and hereinafter referred to as
DEVELOPER:
WITNESSETH:
THAT WHEREAS, the Developer is the owner of a new subdivision known as
"STRATFORD VILLAGE, PHASE 2", located in the West Half of Section 19, T28N,
R21W, PM,M, Flathead County and,
WHEREAS, the City has conditioned it's approval of the final plat of
"STRATFORD VILLAGE, PHASE 2", 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 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 or
the contractor included herewith as "Exhibit A", and
WHEREAS, the estimated total cost of construction of said improvements is the
sum of $506,632.00.
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
$11,837.50. 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 $11,837.50, the estimated cost
of completing the required improvements in "STRATFORD VILLAGE, PHASE 2".
b. That if the Developer fails to complete the specified improvements within the
required period, the creditor will pay 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 OCTOBER 1,
2004.
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 have 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 WITN S WH F, the Parties have hereunto set their hands and seals the
day and herein ore written.
�_L_L _z_ -------------------
STRATFORD VILLAGE, PHASE 2
NORMAN SANDERSON
APEX 1, LLC
STATE OF MONTANA )
SS
COUNTY OF Flathead )
On this 2002before mea Notary Public for the
_ �day of _Qc-Q6 __, , y
State of Montana, personally appeared NORMAN SANDERSON and known to me to
be the Administrator for APEX 1, LLC and whose name is subscribed to the foregoing
instrument and acknowledged to me that he executed the same for said APEX 1, LLC..
IN WITNESS WHEREOF, I have hereunto set my h oida d my Notarial
Seal the day and year first above written. � ,� �%
€l(iv'L Cyd1.Ilk
VNtary Public for the State of Montana Aga S 1ding at Kalispell, Montanaommission Expires 6/18/2003 A OF M���
MAYOR CITY OF KALISPELL
By: —--- — ---
Ma r
ATTEST:
By:
----------
Finance Director
EXHIBIT A
11 /04/02
ENGINEERS ESTIMATE OF CONSTRUCTION PROGRESS
PHASE 1 & PHASE II
STRATFORD VILLAGE SUBDIVISION, KALISPELL, MONTANA
PHASE I
PHASE H
ITEM
ESTIMATED
TOTAL
COST
PERCENT
COMPLETE
REMAINING
TO COMPLETE
ESTIMATED
OTAL
OST
PERCENT
COMPLETE
REMAINING
TO COMPLETE
1. Roads
a. Base, Crush Rock
22,568.00
100%
-0-
43,509.00
100%
-0-
b. Paving
34,020.00
100%
-0-
65,589.00
100%
-0-
c. Sidewalks
19,809.00
100%
-0-
61,245.00
100%
-0-
d. Site Concrete / Light
Bases
6,000.00
100%
-0-
14,534.00
100%
-0-
e. Curbs
11,600.00
100%
-0-
39,832.00
100%
-0-
2. Alleys
a. Base, Crush
4,346.00
100%
-0-
9,596.00
100%
-0-
b. Paving
3,370.00
0%
3,370.00
7,370.00
0%
7,370.00
3. Sewer
a. Manholes
12,000.00
100%
-0-
Sewer total:
100%
Sewer total:
b. 10" Sewer Mains
16,290.00
100%
-0-
45,115.00
100%
-0-
c. 8 "Sewer Mains
6,440.00
100%
-0-
100%
d. Services
10,800.00
100%
-0-
100%
4. Water
a. 8" Water Mains
18,176.00
100%
-0-
Water total:
100%
Water total:
b. 8" Valves
5,600.00
100%
-0-
64,274.00
100%
-0-
c. 6" Hydrants with valves
9,000.00
100%
-0-
100%
d. Services
12,000.00
100%
-0-
100%
5. Storm Water
a. 12" Main
6,630.00
100%
-0-
Storm total:
100%
Storm total:
b. 10" Main
5,612.00
100%
-0-
17,792.00
100%
-0-
c. 8" Main
10,304.00
100%
-0-
100%
d. Catch Basins
8,500.00
100%
-0-
100%
e. Manholes and Tankage
16,800.00
100%
-0-
100%
f. Retention Basin
58,646.00
100%
-0-
6. Postal Service
a. Mailboxes and Mounting
2,500.00
100%
-0-
7.Sinae
a. Street Signs
1,200.00
100%
-0-
3,200.00
100%
-0-
b. Traffic signs
1,800.00
100%
-0-
4,800.00
100%
-0-
8. Landscape
a. Trees
10,800.00
100%
-0-
11,300.00
100%
-0-
b. Seeds and Repair
2,100.00
0%
2,100.00
2,100.00
0%
2,100.00
9. Utilities
a. Electric
22,000.00
100%
-0-
37,537.00
100%
-0-
b. Gas
11,000.00
100%
-0-
18,538.00
100%
-0-
c. Telephone
14,000.00
100%
-0-
13,912.00
100%
-0-
d. Cable
3,000.00
100%
-0-
4,000.00
100%
-0-
e. Trench,Conduit.,Vaults
40,289.00
100%
-0-
Subtotal
369,011.00
5,470.00
506,632.00
9,470.00
PHASE I: Security Amount
Required 1.25 x $3,370.00
$6,837.50
PHASE II: Security Amount Required 1.25 x $11,570.00
$11,837.50
TOTAL PHASE I & PHASE H
$18,675.00