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SIA (Recorded)Appendix - Page A-23 " �Ik SUBDIVISION IWROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this / day of by and and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and ® (Name of Developer) a r Lido{ li, rodUAI (Individual, Company or Corporation) located at _ 2 z 3 q 4s wcA IIA & &,o , 1, s p,1 I 1, J414,n.4 (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. j ® WITNESSETH: 0 THAT WHEREAS, the Developer is the owner and developer of a new subdivision thh _ W known as r (Name of Subdivision) 9 _ located at g.-zju- ,Di21 VTR. r o° (Location of Subdivision) ,7 00 and, 0 WHEREAS, the City has conditioned its approval of the final plat of ® � JtilS1o1J 9 l (�S i,(g,�,-�(-' J� 113CJC� N t ,upon the conditions as set forth (Name of Subdivision) raj in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in n "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 ®g WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a 9 0 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 WHEREAS, the estimated total cost of construction of said improvements is the sum of 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 Said Letter of Credit or other collateral shall have an expiration date of aleast sixty (60) days following the date set for completion of the improvements, certifying the following: Page A-24 - Appendix a. That the creditor guarantees funds in the sum of $ qq -00 t estimate4, cost of completing the required improvements in oUC (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 wzl r 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. Appendix - Page A-25 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. 04 1-1 (Name of Subdi' ' eveloper/F' ) by (Title) STATE OF MONTA A COUNTY OF � d On this 8 D, day of , t9Zw-5 , before me, a Notary Public for the State of Montana, personally appeared -Tj vjav,- -k�j Q E s tIc , known to me to be they n of �J6E VIVL 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 th' day and year first above written. �t '' j�►+ �', a �jy` } 4✓l * F p{� g A.Ri� J P9 � 1�r. "afrrrrrY�'!14, Not Public for the State of Montana o r Residing at VVCT " My Commission txpires 3-j -Z-co t-tali O CITY OF KALISP ATTEST .,valvN Page A-26 - Appendix Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. IWHI110,308.3 This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED APPROPRIATE COMPLETION CONSTRUCTION IMPROVEMENTS BOX DATE COSTS Street Grading/Paving Street Base 9� -1/ Sidewalks Curbs and Gutters `©/© Sanitary Sewers f Mains Other On -Site Sewage / Facilities Water Systems Mains 6 ©y Other ( ) On -Site Water Supply Water Storage Tanks MA Fire Hydrants /© q l! Storm Sewer or Drainage Facilities Street Signs — Street Lighting f 610 7 Street Monuments Survey Monument Boxes._ -- Landscaping Other( TOTAL COLLATERAL (TOTALS COSTS X 125%) SUBTOTAL r FEES TOTALS COSTS s ITEM UNITS NO UNITS UNIT COST TOTAL COST COMPLETED ROAD TO -DATE N Cut(Fill C.Y. 5,600 $ 2.50 $ 14,000.00 $ 14,000.00 Stabilization Fabric S.Y. 2,400 $ 1.25 $ 3,000.00 $ 3,000.00 Pit Run TON 12,500 $ 5.50 $ 68,750.00 $ 68,750.00 0 1" Crushed S.F. 24,000 $ 0.45 $ 10,800.00 $ 10,800.00 4" Asphalt S.F. 21,000 $ 0.75 $ 15,750.00 $ - Curb and Gutter L.F. 1,280 $ 7.75 $ 9,920.00 $ 9,920.00 .� Sidewalk LUMP 1 $ 14,000.00 $ 14,000.00 $ - N Street Signs EACH 1 $ 350.00 $ 350.00 $ - Backfill, Topsoil and Seeding LUMP 1 $ 11,000.00 $ 11,000.00 $ 5,000.00 TOTAL ROAD $ 147,570.00 $ 111,470.00 STORM WATER Catch Basins EACH 4 $ 1,200.00 $ 4,800.00 $ 4,800.00 12" Gravity L.F. 270 $ 4.00 $ 1,080.00 $ 1,080.00 Drain Rock 12 x 6 x 270 C.Y. 800 $ 5.50 $ 4,400.00 $ 4,400.00 TOTAL STORM WATER $ 10,280.00 $ 10,280.00 WATER Connect to Existing L.S. 1 $ 1,500.00 $ 1,500.00 $ 1,500.00 8" Water Main L.F. 630 $ 18.00 $ 11,340.00 $ 11,340.00 6" Water Main L.F. 60 $ 1,500.00 $ 90,000.00 $ 90,000.00 8" Gate Valves EACH 2 $ 1,500.00 $ 3,000.00 $ 3,000.00 Fire Hydrants EACH 2 $ 2,500.00 $ 5,000.00 $ 5,000.00 Misc 8" Fittings EACH 14 $ 250.00 $ 3,500.00 $ 3,500.00 1" Water Service EACH 20 $ 250.00 $ 5,000.00 $ 5,000.00 TOTAL WATER $ 119,340.00 $ 119,340.00 SEWER 8" Sewer Main L.F. 770 $ 20.50 $ 15,785.00 $ 15,785.00 4' Diameter Manholes EACH 6 $ 2,500.00 $ 15,000.00 $ 15,000.00 4" PVC Services EACH 20 $ 250.00 $ 5,000.00 $ 5,000.00 Tie to Existing EACH 1 $ 5,000.00 $ 5,000.00 $ 5,000.00 TOTAL SEWER $ 40,785.00 $ 40,785.00 UTILITIES Common Utility Trench L.F. 1,850 $ 2.00 $ 3,700.00 $ 3,700.00 V Conduit L.F. 380 $ 1.35 $ 513.00 $ 513.00 3" Conduit L.F. 1,600 $ 2.94 $ 4,704.00 $ 4,704.00 4" Conduit L.F. 70 $ 3.85 $ 269.50 $ 269.50 3" Steel Sweeps EACH 1 $ 85.00 $ 85.00 $ 85.00 1 Phase Transformer Vault EACH 3 $ 650.00 $ 1,950.00 $ 1,950.00 Three Phase Transformer Vault EACH 1 $ 1,250.00 $ 1,250.00 $ 1,250.00 Lift Station Fence Lump Sum 1 $ 3,000.00 $ 3,000.00 $ - Lift Station and Pumps EACH 1 $ 23,000.00 $ 23,000.00 $ 23,000.00 Three Phase Power EACH 1 $ 5,300.00 $ 5,300.00 $ 5,300.00 Three Phase Natural Gas Generator EACH 1 $ 8,950.00 $ 8,950.00 $ 8,950.00 TOTAL UTILITIES $ 52,721.50 $ 49,721.50 CONSTRUCTION TOTAL $ 370,696.50 $ 331,596.50 AMOUNT COMPLETED - 89% $ 331,596.50 AMOUNT OF WORK REMAINING $ 39,100.00 REQUIRED BOND AMT: 125% STATE OF MONTANA �` S t t County of Flathead AT r - /S O'CLOCK AND RECOROF DED AT THE REQUEST — 20 U —--�'`-- THIS DAY OF STATE OF MONTANA. OF FLATHEAD COUNTY. RECORDED IN THE RECORDS r�— �/ ® PD (Flathead County erk and Recorder) FEE $ V CEPTION NO. 2p05'�"�"'�' 1203U RE (Deputy Clerk) CL URN To - d D � aD�503 PET Y _e wn�� __.