Phase VII SIA (Recorded)SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of 2004, by and
between the CITY COUNCIL, CITY OF KALISPELL, DNTANA, Party of the First Part and
hereinafter referred to as the CITY, and Somers Land Con iy, Kalispell, MT 59901, Party of the
Second Part and hereinafter referred to as OWNER.
WITNESSETH:
THAT WHEREAS, the Owner is the owner and developer of a new subdivision known as Ashley
Park Phase 7, located in the NW 1/4, SE 1/4 of Section 19, Township 28N, Range 21W P.M.M.,
Flathead County, Montana; and,
WHEREAS, the City has conditioned its` approval of the final plat Ashley Park Phase 7, upon
t the conditions as set forth in the Preliminary Plat of the Subdivision being completed at this time, and
the Owner 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 professional engineer included herewith as "Exhibit B"; and,
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 538,392.10 , of which a total of $ 313,445.87 has been completed to date.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the
City, the Owner hereby agrees as follows:
1. The Owner 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
$ 289,030.03 . 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 $ 289,030.03 , which represents
125% of the estimated cost of completing the required, improvements in Ashley Park Phase
7.
b. That if the Owner 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 limit of credit
stated in the Letter of Credit;
2. That said required improvements shall be fully completed by .Tune 30, 2005
Page 1 of 3 Pages
3. That upon completion of the required improvements, the Owner 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 Owner 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 Owner 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 Owner 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 plans and specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO
WIT:
That the Owner shall provide for inspection of all required improvements by a registered
professional engineer before the Owner shall be released from the Subdivision Improvement
Agreement.
That if the City determines that any improvements are not constructed in compliance with the
plans and specifications, it shall furnish the Owner with a list of specific deficiencies and may
withhold collateral sufficient to insure such compliance. If the City determines that the Owner will not
construct any or all of the improvements in accordance with the plans and specifications, or within the
required time limit(s), it may withdraw the collateral and employ such funds as may be necessary to
construct the improvement(s) in accordance with the plans and specifications. The unused portions of
the collateral shall be returned to the Owner or the crediting institution, as is appropriate.
That as improvements are completed, the Owner may apply to the City for a release of part of the
collateral deposited with the City. The proportion of the collateral released may not exceed the
proportion which the improvements completed represent of all originally required improvements;
otherwise, said Letter of Credit may not be withdrawn until released by the City.
That this agreement shall inure to the benefit of and be binding upon any successors in interest,
heirs, or assignees.
Page 2 of 3 Pages
IN WITNESS WHEREOF, the Parties to this agreement have hereunder set their hands and seals
the day and year herein before written.
ASHLEY PARK PHASE 7
Somers Land Company
C
(Title)
STATE OF MONTANA, COUNTY OF FLATHEAD
On this day of � V-" , 2004, before me, a Notary Public for the State of
Montana, personally appeared . C. , known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notary Seal this day and
year first above written
(Seal)",t
o ary Public for the State of Mont a
Residing at
My Commission Expires'
MAYOR, CITY OF KALISPELL
By: (.
MAYJbR
ATTEST:
By:
CITY CLERK
Page 3 of 3 Pages
7
ASHLEY PARK 7 - EXHIBIT "B"
COMPLETED
ITEM UNITS NO, UNITS UNIT COST TOTAL COST TO DATE
:,�
ROAD CUT
CY
8.263
$ 3.80
$ 31,399.40
$ 31,399,40
STABILIZATION FABRIC
SY
6,889
5 1,05
$ 7,233.45
$
PIT RUN
TONS
7,235
$ 6.22
$ 45,001.70
$
3/4" CRUSHED
SF
70,896
$ 0,30
$ 21,268.80
$
4" ASPHALT
SF
60,768
S 0.96
$ 58:337.28
$ -
CURB AND GUTTER
LF
2,24o
$ 8,50
$ 19,040.00
$
]SIDEWALK
SF
10,735
$ 3.60
$ 38,646.00
$ -
STREFT SIGNS
EA
3
$ 150.00
$ 450,00
$
TOPSOIL
SY
2,211
$ 2,10
$ 4:643.10
$
STORM SKATER
CATCH BASINS
LS
8
$ 625.00
$ 5,000.60
$ 5,000.00
MANHOLES
LF
4
$ 1,050.00
S 47200.00
$ 4,200.00
8" GRAVITY
LF
360
$ 15.00
S 5,400.00
$ 5,400.00
12" GRAVITY
EACH
420
$ 18.00
S 7,560.00
$ 7,560.00
CLEANOUT
EACH
1
$ 350.00
$ 350,00
$ 350.00
WATER
CONNECT TO EXISTING
LS
1
$ 975.00
$ 975.00
$ 975.00
8" WATER MAIN
LF
1,640
S 22.80
$ 37,392.00
$ 37.392.00
6" WATER MAIN
LF
60
S 18,75
$ 1.125,00
$ 1,125.00
6" GATE VALVES
EACH
3
$ 910.00
$ 2,730.00
$ 2,730,00
FIRE HYDRANTS
EACH
5
S 2,440,00
$ 12,200,00
$ 12,200.00
MISC 8" FITTINGS
EACH
13
$ 425.00
$ 5,525.00
$ 5,525'00
FLUSHING HYDRANT
EACH
2
1 $ 1,185.00
$ 2,370,00
$ 2,370.00
1- WATER SERVICE
EACH
36
$ 650.00
$ 23.400.00
$ 23,400,00
SEWER
8" SEWER MAIN
LF
1,540
IS 19.00
$ 29.260.00
$ 29,260.00
4'DIAMETER MANHOLES
EACH
4
$ 1,200.00
$ 4,800.0o
$ 4,800.00
4" PVC SERVICES
EACH
36
S 600.00
$ 2f,600.00
J,$ 21,600.00
CLEANOUT
EACH
1 Is
350.00
$ 350.00
$ 350.00
UTILITIES BY CONTRACTOR
COMMON UTILITY TRENCH
LF
2,000
S 3,50
$
7,000,00
$ 4,200-00
2" CONDUIT
LF
5,040
S 1.50
$
7,560.00
$ 4,536.00
3" CONDUIT
LF
3,120
$ 1,75
$
5,460.00
S 3,276.00
4" CONDUIT
LF
2,960
$ 2.05
$
6,068.00
$ 3,640.80
1 PHASE TRANSFORMER VAULT
EACH
5
$ 625,00
S
3,125.00
$ 3,125.00
3 PHASE TRANSFORMER VAULT
EACH
1
$ 1,100.00
$
1,100.00
$ 1,100.00
GAS ASSIST
I LF
1 2,000 j
$ 0.25
S
500.00
$
4139.
$ 19rs7750.
ENGINEERING. SURVEYING. UTILITY COMPANIES, PERMITS, FEES
NORTHWESTERN GAS
LS
1
$ 10,533.00
$ 10,533.00
$ 10,533AQ
FLATHEAD ELECTRIC
LS
1
$ 30,771.00
$ 30,771,00
$ 30,771.00
MDEO REVIEW FEE
LOT
36
S 135.00
$ 4,910.00
$ 4,910,00
FRDO FINAL PLAT REVIEW
LOT
36
$ 30.00
S 1,580.00
$ -
CONSTRUCTION SURVEYING
LS
2.0%
$ 421,069.73
$ 8,421.39
$ 6,737.12
LEGAL SURVEYING / PLAT
LOT
36
S 150.00
$ 5,400.00
$ 5.400.00
DESIGN ENGINEERING
LS
7.0%
$ 421,069.73
$ 29,474.88
$ 29,474.88
CONSTRUCTION ENGINEERING
LS
3.0%
$ 421,069.73
$ 12,632.09
S 10,105,67
LANDSCAPING TREES
EACH
72
$ 160.00
S 13,600.00
$ -
$
PROJECT TOTAL S & 3S2 1.. ^ . ' 31%?*
EXHIBIT "B" - ASHLEY PARK 7
6/29/2W4
ORIGINAL 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 RETAINDED (125% OF REMAINING WORK)
BOND AMOUNT TO BE RELEASED
AMOUNT PREVIOUSLY RELEASED
AMOUNT TO BE RELEASED AT THIS TIME
638, 392.10
313,445.87
224, 946.23
281,182.78
313,445.87
58%
224,946.23
281,182.78
5 281,182.78
S -
5 -
AS PROJECT ENGINEER FOR THE ASHLEY PARK PHASE Vli 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: $ 313.445.87
THE TOTAL VALUE OF REMAINING WORK IS ESTIMATED TO BE: $ 224,946.23
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 281,182,78
DENNIS F. CARVER, P.E.
i
E�
,% ➢ war. --D
ALL WORK TO BE COMPLETED BY JUNE 30, 2005
(RECORDED AS PRESENTED)
EXHIBIT "B" - ASHLEY PARK 7
S/29/2004