Subdivision Improvement Agreement /Phase 4AI
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Theresa White
Kalispell City Clerk
201 1 st Avenue East Page: I of 7
Kalispell, MT 59901 Paula Robinson, Flathead Countv MT bv NC Fees: $49.0o
8/19/2014 9:54 AM
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of August _, 20 14 by ant
between the CITY COUNCIL, CITY ®F KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
TOUCHSTONE, LLtj. (Name of
Developer)
a LIMITED LIABILITY CORPORATION
(Individual, Company or Corporation)
located at 135W IDAHO, SUITE B, KALISPELL, MT. 59901
(Street Address/P. ®. Box) (City, County, State, Zip)
Party of the Second Part and hereinafter referred to as DEVELOPER.
WITNESSET H:
THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as
(Location of Subdivision) RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
and,
WHEREAS, the Citv has conditioned it's approval of the final plat of
MOUNTAIN VISTA, -a57-040`7-eZ5 PHASE 4A 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
WHEREAS, the estimated total cost of construction of said improvements is the sum of
$— 2623703.00
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
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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 $ 328,378.75 . 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 $ 328,378.75 — the estimated cost of
completing the required improvements in. MOUNTAIN VISTAZ,5�7r4;r676 ,PHASE4A
(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 ar";
necessary to finance the completion of those improvements up to the limited of credit stated in thcs
letter;
2. That said required improvements shall be fully completed by August 4 20 15 _-
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) years from the date of acceptance of the completion of those improvements
by the City;
d. That these improvements are free and clear of any encumbrances or liensi
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 ®f 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
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Fees: $49.00
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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.
MOUNTAIN VISTA PHASE 4A / TOUCHSTONE LLC
(Name of Subdivision/Developer/Firm)
by
(Name) (Title)"
STATE OF MONTANA
COUNTY OF j
On this 20 day of j 0 /y 20 before me, a Notary Public for the State
of Montana, pers nally appeared d 177 —0-A IEP- known to me to be the
I
of — 7-o u c-,� in A z e 4. whose name is subscribed to
the forege(ingjistrument and acknowledged to me that he/she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
uT�MARILYN RAUTHE rD1j,'jjS'01-L
` , 71�
NOTARY PUDLlc fr-T the
s t a, a T,) f cti I t i,,-i na,
Notary Vublic for the State of Montana '�
SEAL Residing at Kalispell, most". � 'i
Printed Name my cofyla-zissir-'n Expires
Residing at OF February 05, 2015
My Commission Expires
MAYOR, CITY OF KALISPELL ATTEST:
tl 4
k\
MAYOR CITY CLERK
F,e9"$69Oe85
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EXHIBIT 111311
CERTIFICATION OF WORK TO BE COMPLETET
MOUNTAIN VISTA PHASE 4A
I Completed To Date: 7/2912014 1
Unit
Estimated
Quantity
Total Cost
Description
Measure
Quantity
UnitPrice J,
Total Price
Completed
Completed
Strip Topsoil @ 6"
$9$223.60
Replace Topsoil @ 4'
Haul -Off Excess Topsoil
$3366.00,
Embankment In-Place(Cut to fill onsite,compaction,'
grading)
MStabation
Fabric (Not including Extra for Joint
Overlap)
1 1/2" Select Subbase in Roadway (incl. 3'Outside
EOP & Hammerhead)
13/4" Crushed Gravel in Roadway
4" Asphalt Paving (incl. Hammerhead)
$19,372.6 0
'ICurb & Gutter with Base Material
6'Sidewalk with Base Material (incl. ADA Ramp
t I t F
I
Areas)
',ADA Access Ramps w1 Truncated Domes
SUBTOTAL ITEMS 101 - 111
WATER SYSTEM
Completed To Date: 7/2912014
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
8" Water Main
$16716.00
8" Gate Valves, Boxes, & Concrete Collars
4.01
Fittings/Tees/Reducer/Plugs
$4,726.001
Fire Hydrant Assembly w/ Pipe, 6" Gate ValveII & Boy!
Water Services 3/4"
$9,800.00
'Connect to existing
$1$700.00'
SUBTOTAL ITEMS 201 - 206
$40,,186.00
$40,186.00
Item
Unit
Estimated
No.
Description
Measure
Quantity
Unit Price
Total Price
301
2" Sewer Force Main
L.F.
418
$23.26
$9,718.60
302
2" Ball Valves, Boxes, Concrete Collars
EA.
3
$800.00
$2,400.00
303
Sewer Services
EA.
7
$1$400.00
$9,800.00
304
New End Run Cleanouts W/ Concrete MH Structure,
EA.
2
$2,000.00
$4,000.00
Cover, Concrete Aprons
306
Connect to Existing/Relocate Existing End Run
EA.
1
$3,200.00
$3,200.00
Cleanout W/ Concrete Apron
jSUBTOTAL ITEMS 301-306
j $29,118.50
Completed To Date: 7129/2014
Quantity
Completed
Total Cost
Completed
Mif
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STORM DRAINAGE
Completed To Date: 7129120, 4
M
Unit
Estimated
Quantity
Total Cost
1 Description
Measur%�,
Quantity
J Unit Price
Total Price
Completed
Completed
R emove Existing Catch Basin w/ Infiltration Basin &
i -Pipe
i #1 PVC
!12 Storm Drain
=116"
PVC Storm Drain
$13,772.00
:Catch Basin w/ Ring, Grate, Inlet Apron
$12,000.00
INTIMMETAMMH ttl :imp
I =rjjrjrjq-TjTj-t, M-ilp 4 0
=Detention
Pond Grading/Outlet Structure
Outlet Protection W/ Flared End Sections, Riprap,
Fabric
Temporary Erosion Control For Construction (Silt
'Fence,
Straw Wattles, Inlet Protection, Etc.
:Permanent Erosion Control (Hydroseeding, Sod,
oil
Etc.)
'SUBTOTAL ITEMS 401 - 409
■$5
f 0
Completed To Date: 7129/2014
Description
Unit
Measur
Estimated
Quantity
Unit Price 7,
Total Price
Quantity
Completed
Total Cost
Complet ed
All Incidentals for Connection to Existing
iSubdivision, Including but not limited to: Traffic
Control, Asphalt & Concrete Removal, Replacing
'Valve Collar, Curb and SW Replacement After
,Removing Existing Storm Basins, Etc
I
I
®
�
�1 1i
it ii
1'
',i i�
,Mailboxes
Incl. Permits &SWPPP's
6,600.00
(Trees, Benches, Signs, ETC.)
Construction Surveying
r11 rr
,000.00
'll.�SUBTOTAL
ITEMS 601-606
$25,375.00
UTILITIES - TRENCHING, CONDUIT, VAULTS & LIGHTS
Completed To Date: 7/29/2014
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
601
Common Utility Trench w/ Bedding
L.F.
862
$9.00
$7,668.00
0
—Completed
$0.00
602
1 " Conduit w/ Pull Rope & Sweeps
L.F.
66
$2.00
$110.00
0
$0.00
603
2" Conduit w/ Pull Rope& Sweeps
L.F.
1704
$2.00
$3,408.00
0
$0.00
604
3" Conduit w/ Pull Rope& Sweeps
L.F.
973
$3.00
$2,919.00
0
$0.00
606
1 Phase Transformer Vault
EA.
2
$426.00
$860.00
0
$0.00
606
Secondary Pedestals
EA.
2
$100.00
$200.00
0
1 $0.00
607
Street Light Bases
EA.
2
$1,000.00
$2,000.00
0
$0.00
iSUBTOTAL ITEMS 601-607
1
1
1 $17,155.00
$0.00
Total Construction = $2755308.00
Total Construction Completed to Date = $0.00
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Completed To Date: 7/29/2014
Description
Unit
Measure7l
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL•
COMPLETED
Mi,Flathead
Electric - PH4A
M(Enineering,
Design - P_H4A__
�law I J#
=�Engineedn�,
C�onstruction - PH4A
IE��lll
$9,378.001
TOTAL PROJECT
TOTAL. COST OF • _ •
AMOUNT COMPLETED PRIOR TO BONDING
• •&Tffoj-
ORIGINAL ■ AMOUNT
AMOUNT OF BOND TO BE RETAINED (126% OF REMAINING WORK)
BOND AMOUNT TO BE RELEASED
PREVIOUSLYAMOUNT ,
AMOUNT O BE 1.SED AT
TIME
$ 312,267.00
$ 49,664.00
$ 262,703.00
328,378.76
4,664.00
16%
262,703.00
}
,378.76
'r 1 `
' i 1 1`
AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE 4A, 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: $ 49,664.00
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $ 262703.00
SECURITY HELD AT 126% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 328:378.76
0, %
BRETT WALCHECK, P.E.
VALLEY BANKor rcnLisaELL
vea:°ioi�es
$asoo
Valley Bank of Kalispell
41 Third Street West
Kalispell, MT 59901
(406) 752-7123
July 30, 2014
City of Kalispell
Keith Haskins
2 01 1 St Ave. E .
Kalispell, Montana 59901
Letter of Credit # 1332
{
$328,378.75
RE: Touchstone, LLC
135�W Idaho Street #B
Kalispell, MT 59901
ti
COP
Letter of Credit No. #1332, dated July 30th, 2014, has been issued to the above
referenced, with a maturity date of August 4, 2015. Letter of Credit is in` reference to
Subdivision Improvement Agreement dated August 4, 2014 for Mountain Vista
Subdivision, Phase 4A.
Ilk
ell
3
Barbara Jean Kimbell 07/30/2014
Vice President, NMLS #486209
Valley Bank of Kalispell
406-752-7123
P.O. Box 48 ® KALISPELL, MT 59903-0048
406-752-7 l 23 s 'FAX 406-752-7320 e WWW. VALLEYBA N KMT.CO M
Member
FDIC t
EQUAL HOUSING
LENDER