Subdivision Improvement Agreement November 2010 (Recorded)P�X__Cwp/t) TO : f�+�- III�NIIIII II��IIIIIIIIIIIIIIIIIII)�I�I( IIIIIII)IIIII��I�I!I( IIII 1111111 III Page: 5 88
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.01USP1-71z 8TY �'" ��' Paula Robinson, Flathead County MT by NC 11/30/201b 8528 AM
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SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this Za� day of November,
2b/4, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the
First Part and hereinafter referred to as the CITY, and
Ash1e� ei hts, LLC ,
(Name of Developer)
`o a Company
(Individual, Company or Corporation)
located at 3300 Hwy 2 West Kalispell Flathead County, 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
mown as Ashley Heights
(Name of Subdivision
located at Secti
on 1 Township 28 North Range 21 west P.M. M. Flathead Count
(Location of Subdivision)
and,
� WHEREAS, the City has conditioned it's approval of the final plat of _Ashley
[3 Heights , upon the conditions as set forth in the Preliminary Plat of the
(Name of Subdivision)
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 sub -divider shall provide a
financial security of 125% of the estimated total cost of construction of said improvements as
evidenced b an estimate prepared b a licensed public engineer included herewith as "Exhibit
y P P y
B";and
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$ 117,508
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
$ 146,885� . 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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Paula Robinson,, Flathead County M, by NC s„3o;zo,a e zs AM
a. That the creditor guarantees funds in the sung of $ 146,885 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 _August 15 2011
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 two (2) year from the date of
acceptance of the completion of those improvements by the City;
and,
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 Bled with the City;
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
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Paula Robinson, Flathead County MT by NC 11/30/30108:38 AM
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 Heights
(Nance of Subdivision/Developer/Firm)
b - -manager Ashley Heights, LLC
y � y
Hubert J. Turner (Title)
STATE OF MONTANA
COUNTY OF FLATHEAD
On this day of � � �f , 20, , before me, a Notary Public for the
State of Montana, personally appeared _Hubert J. Turner , known to me to be the Man,er,�
of Ashley Freights, LLC, whose name is subscribed to the foregoing instrument and acknowledged
to me that he/she executed the same.
No
IN WITNESS WHEREOF, t have hereunto set Amy hand and affixe $ �rial� � i �Ay and
y r st above ittll4e INRIA4
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Not P blic for the State o . Montana JCANNA R HOLM
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Re ding at T RBI PUBLIC for the State of MontanaVON
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My Commission Expires ii, ������ � ��� �
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Commission Expires October 1 2, '%X,
CITY OF KAL %ST: 0 F lc
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Fees: $55,00
Paula Robinson, Flathead county MT by NC 11 /30/Zo10 e.ae AM
EXHIBIT "B"
CERTIFICATION OF WORK TO BE COMPLETED
ASHLEY HEIGHTS
11/4/2010
SUBDIVISION ROADS & OVERLOT GRADE
Completed To Date
November 17, 2008
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
101
Excavation I Subgrade Prep
C.Y.
20726
$7.00
$19,075.00
2,000
$14,000.00
102
Stabilization Fabric
S.Y.
5,175
$1.19
$6,158.25
5,175
$6,158.25
103
Select Subbase
C.Y.
1,294
$12.04
$15,679.76
1,294
$15,579.76
104
3/4" Crushed Gravel
C.Y.
862
$16.20
$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
$7.59
$20,804.19
2,741
$20,804.19
107
5' x 4" Concrete Sidewalks I Gravel
S.F.
13,585
$4.00
$54,340.00
13,585
$54,340.00
SUBTOTAL ITEMS 101 -107
$176,088.40
$171,013.40
WATER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
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 wt 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 1
$414.99
$414.99
1
$414.99
SUBTOTAL ITEMS 201 - 205 1
1 1
1
$52,769.02
$52,769.02
SEWER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
301
8" Sewer Main
L.F.
1,132
$26.27
$28,605.64
1,132
$28,605.64
302
Sewer Lift Station & Force Main
L.F.
1
$31,161.00
$31,161.00
100%
$31,161.00
303
4' Diam. Manholes wt 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
$568.36
$14,777.36
26
$14,777.36
305
Connect to existing
E.A.
1
$916.07
$916.07
1
1 $916.07
SUBTOTAL ITEMS 301 - 305
$83,680.92
$83,680.92
DRAINAGE & MISCELLANEOUS WORK
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
401
Storm Drainage Facility
EA.
1
$28,698.94
$28,698.94
1
$28,698.94
402
Erosion Control
LS.
1
$3,700.00
$3,700.00
0.75
$21775.00
403
Mail Boxes Bases W1 Gravel
EA.
2
$1,125.98
$2,251.96
2
$2,251.96
404
CBU Mailboxes
EA.
2
$1,468.74
$2,937.48
2
$21937.48
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 %
$91350.00
410
Swale next to Soundwall
L.F.
950.00
$0.79
$750.00
0%
$0.00
410
Signage
L.S.
1 1.00
$870.72
$870.72
100%
$870.72
SUBTOTAL ITEMS 401 - 410
$210, 647. 17
$99,632,00
1111111 IN 2010000276
oa
Paula RobinsonFees: 5.0
, Fla[M1ead County MT by NC 31/30/3010 85180AM
UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
Completed To Date
November 17, 2008
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
Light Pole Bases FEC
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
Secondary Pedestals
EA
12
$ 92.92
$1,115.04
12
$1,115.04
SUBTOTAL ITEMS 501-504
$15,561.65
$15,561.65
i otai Nroject 0:561/4f.7 d
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
$ 44,502.00
100%
$44,502.00
602
Northwest Ener
L.S.
1
$ 18,604.00
$ 18,604.00
100%
$18,604.00
603
Engineering
L.S.
1
$ 591,000.00
$ 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
1
1
1 $ 131
1 $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
$ 146,885.52
$0.00
$0.00
$0.00
$ 552,799.74
$ 117,508.42
$ 146,885.52