Subdivision Improvement Agreement January 2013 (Recorded)Return to: vag: gg r�PM9
Theresa White Paula Robinson, viame.e County M* by IL xizei?o`ii .a°z
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 29th day of January, 2013, by and between
the CITY COUNCIL, CITY OF KALISPELL, MONTA.NA, Party of the First Part and
hereinafter referred to as the CITY, and
Ashley Heights, LLC
(Name of Developer)
a Company
located at: 3300 Highway 2 west, Kalispell, MT 59901
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
ASHLEY HEIGHTS
(Name of Subdivision)
located at: Section 19, Township 28 North, Range 21 west, P.M.,M., Flathead County
(Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of Ashley Heights, 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
B"; and
m WHEREAS, the estimated total cost of construction of said improvements is the sure of
$100g882.00.
NOW THEREFORE , in consideration of the approval of the final plat of said Subdivision by
the City, the Developer hereby agrees as follows:
IIII I I III II�II IIIIIIIIII III I I III Fees: $59.0049
1/39/2013 2:43 DM
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 $126,102.50. 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 $126,102.50 the estimated cost of completing
the required improvements in Ashley Heights. (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 the following schedule:
A. Sound gall for lot 25 to be constructed along the western property boundary of lot 25 and extend
40 feet beyond the north and south lot lines of lot 25 by August 15, 2013.
B. The remaining portions of the sound wall may be constructed on or before August 15, 2013 or the
developer may request another one year extension. (Note : If construction of a house starts on
one or more of the lots on the west side of Bism.ark Street, the sound gall for the lot or lots shall
be constructed with the same linear dimensions as required for lot 25, noted above, by August
151" of the following year after construction (i.e. framing of the house) has commenced)
C. Street trees, top soil and seeding shall be completed for Bismark Street on or before November 1,
2013 or the developer may request a one year extension.
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 incompliance 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 two (2) years 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 ail required improvements have been installed in
conformance with said specifications.
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIINII P°9e°3ofJ49
Fees:.=9.00
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.
Ashley Heim is
(Name of Subdivision/Developer/Firm)
by ana er Ashley Heights, LLC
ubert J. Turner (Title)
STATE OF MONTANA
COUNTY OF FLATHEAD
On this 9 day of , 20 / , before me, a Notary Public for the
State of Montana, personally appeared Hubert J. T er , known to me to be the Manaaer
of _Ashley Heights, LLC _, whose name is subscribed to the foregoing instrument and acknowledged
to nee that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and
y first above ri n.
Notary Public for the State of Montana
Residing at
MICHELLE M. ANDERSON
My Commission Expire 0 -�, _..
(,w, (�'
---
�440 2" ���, NOTARY PUBLIC for the
�� =
U:= A State of Montana
CITY OF KALISPELL
ATTEST:
SEAL Residing at Kalispell, Montana
o �_ My Commission Expires
October 26, 2015
all
t> fir'• .
6
& pN
ii ,,
s�
Lae. i'1 P% • -� 'l
s�
IIII IIIIIIIIII III IIII IIIIIIIII IIII III IIIITN Page09 o0Z399
$
53P1/39%]oi39M
ASHLEY HEIGHTS SUBDIVISION
A. Sound wall along the western subdivision boundary
B. Swale adjacent to sound wall
C. Bismark Street boulevard improvements including top soil, seeding and street trees
IIIIIIIIIIIIIII IIIIIIII IIIIIII IIIIIIIIIIIII ieez:a$5 of
99,0069
1/29/2013 3:43 DM
EXHIBIT "B"
CERTIFICATION OF WORK TO BE COMPLETED
A.SHLEY HEIGHTS
8//212011
SUBDIVISION ROADS
& OVERLOT GRADE
Completed To Date
August 12, 2011
Item
Unit
Estimated
Quantity
Total Cost
No.
Description
Measure
Quantity
Unit Price
Total Price
Completed
Completed
101
Excavation 1 Subgrade Prep
C.Y.
2,725
$7.00
$19,076.00
2,000
$14,000.00
102
Stabilization Fabric
S.Y.
5175
,
$1.19
$6,158.25
5,175
$6,158.25
103
Select Subbase
C.Y.
1,294
$12.04
$15,579.76
1,294
$15,579.76
104
3/4" Crushed Gravel
C.Y.
862
$1 fi.20
$13,964.40
862
$13,964.40
105
4" Ashpaltic Cement
S.Y.
4,220
$10.94
$46,166.80
4,220
$46,166.80
106
Curb & Gutter
L.F.
2,741
$7.69
$200804.19
2,741
$20,804.19
107
5' x 4" Concrete Sidewalks 1 Gravel
S.F.
13,585
$4.00
:-t$176,088.40
$54,340.00
13,585
$54,340.00
SUBTOTAL ITEMS 101 -107
$171,013.40
WATER SYSTEM
Item
Unit
Estimated
Quantity
Total Cost
No.
Description
Measure
Quantity
Unit Price
Total Price
Completed
Completed
201
8" Water Main
L.F.
1,333
$17.55
$23,394.15
1,333
$23,394.15
202
8" Gate Valves & Boxes
E.A.
2
$1,248.91
$2,497.82
2
$2,497.82
203
Fire Hydrants w/ Tee, Pipe, Aux. Valve & Box E.A.
4
$3,500.00
$14,000.00
4
$14,000.00
204
Water Services
E.A.
26
$479.31
$12,462.06
26
$12,462.06
205
Connect to Existing Main
E.A.
1
$414.99
$414.99
1
$414.99
SUBTOTAL ITEMS 201 - 205
$52, 769.02
$52,769.02
SEWER
SYSTEM
Item
Unit
Estimated
Quantity
Total Cost
No.
Description
Measure
Quantity
Unit Price
Total Price
Completed
Completed
301
8" Sewer Main
L.F.
1,132
,
$25.27
$281605.64
1,132
$28,605.54
302
Sewer Lift Station & Force Main
L.F.
1
$31,161.00
$31,161.00
100%
$31,161.00
303
4' Diam. Manholes w/ Ring & Cover
E.A.
5
$1,644.17
$8,220.85
5
$8,220.85
304
4" Sch. 40 PVC Sewer Services
E.A.
26
$668.36
$14,777.36
26
$14,777.36
305
Connect to existing
E.A.
1
$916.07
$916.07
1
$916.07
SUBTOTAL ITEMS 301 - 305
i$83,680.92
$83,680.92
DRAINAGE & MISCELLANEOUS
WORK
Item
Unit
Estimated
Quantity
Total Cost
No.
Description
Measure
Quantity
Unit Price
Total Price
Completed
Completed
401
Storm Drainage Facility
EA.
1
$28,698.94
$28,698.94
1
$281698.94
402
Erosion Control
LS.
1
$3,700.00
$3,700.00
0.75
$2,775.00 -
403
Mail Boxes Bases W/ Gravel
EA.
2
$1,125.98
$21251.96
2
$2,251.96
404
CBU Mailboxes
EA.
2
$1,468.74
$2,937.48
2
$2,937.48
405
Traffic Control
L.S.
1.00
$3,697.90
$3,697.90
100%
$3,697.90
406
Mobilization
L.S.
1.00
$14,000.00
$14,000.00
100%
$14,000.00
407
Construction Surveying
L.S.
1.00
$27,000.00
$27,000.00
100%
$27,000.00
408
Landscaping/ Bike Path
L.S.
1.00
$40,250.00
$40,250.00
20%
$8,050.00
409
Soundwall
L.S.
1.00
$86,490.17
$86,490.17
11%
$9,350.00
410
Swale next to Soundwall
L.F.
950.00
$0.79
$750.00
❑%
$0.00
411
Signage
L.S.
1.00
$870.72
$870.72
100%
$870.72
SUBTOTAL ITEMS 401 - 410
$210,647.17
$99,632.00
9�o�3z59'oM
UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
Completed To Date
August 12, 2011
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
501
Single Phase Vaults
EA
4
$ 690.19
$2,760.76
4
$2,760.76
502
Li ht Pole Bases FEG
EA
5
$ 517.17
$2,585.85
5
$2,585.85
503
Trenching and Conduit
LF
1
$ 9,100.00
$9,100.00
1
$9,100.00
504
Seconda Pedestals
EA
12
$ 92.92
$1,115.04
12
$1,115.04
SUBTOTAL ITEMS 501-504
1
$15,561.65
1 $15,Sfi'1.fi5
i otai rroject 0,�Fd,/41.70
Total Construction Completed to Date $422,656.99
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
$ 44,502.00
$ 44,602.00
100%
$44,502.00
602
Northwest Energy
L.S.
1
$ 18,604.00
$ 18,604.00
100%
$18,604.00
603
Engineering
L.S.
1
$ 59,000.00
$ 59,000.00
100%
$59,000.00
604
Construction Management
L.S.
1
$ 9,455.00
$ 9,455.00
85%
$8,036.75
SUBTOTAL ITEMS 601 - 604
F 1
$ 131,661.00
$130,142.75
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 THE ASHLEY HEIGHTS 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:
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
$670,308,16 $552,799.74
$ 670,308.16
$ 552,799.74
$ 117,508.42
$ 146,885.52
$ 552,799.74
82%
$ 117,508.42
$ 146,885.52
$0.00
$0.00
$ 552,799.74
$ 117,508.42
$ 146,885.62
� r �
l� BRE 1
No.14872PE
�/C ENS
r ��
�IIII IIIIIII III 11111IIIII 11111111111111111111111111111II pa9e07 00o02349
1/29%3013 �593 VM
Q
a
c7
lu)
0
loic)lC)
00
ICD
0
C
0
Q
Q
InN0�a)
00
erH
in
Q
�
Q
e-i
f
tCA%
4�!
C
cq
T-i
C7
R t
�
.�}
r-
GQ`3
00
ft�
M
6%
C)
�
+'
Q
M
M
0
M
Ud
�
t0
{�.
kJ l'
if)-
C
�
�
t mil /1
�
cr-O
4-J
Ln
M
Ln
LQ
�
Q
Ln
1
d
ry
W
m
•
°�
m
C%4
N
r-€
�
nn
4-J
C(
�
(A
v
Q
Q
.Q
.—
+,
Q
<
�"
U-
L L
-� u—
J --
—0
u
W
W
W
J
J
0�
a)
+5
fa
p
u
■E
W
0
co
CL
w
�
J
�
LU
cu._
Q
L"
CL
.�
�
C]
u-
m
W
cd
UJ
z
�
Cl)
'
r-
U
❑
W
.r.t
W
�.-
E7Cqzzr
L]�
U
I
'd .
LLLn
_
.t:
RE
<.
co�
�L
-
CL
U
—C
Z
cc
/[
E
Ln
w
4A un-
A
Q
N
m
..
"0
fu
El
m
L •
�O
�
00
E
CL. i1
L
W
a-
a
LU
�S
d
L.Lj LO co