Loading...
Beehive of Kalispell Phase 1 - Subdivision Improvement AgreementReturn to: Kalispell City Clerk 201 1"Avenue East Kalispell, MT 59901 IIIIIIII II II I III IIIII IIIIIIIIIIIIIII IIIII IIIII IIIII IIIII IIIIIIII�I IIIII IIII II IIIII�II III2016 I00049 7 70 Debbie Pierson, Flathead Countv MT by NC 3/15/2016:4 45 PM SUBDIVISION IWROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this S t day of 62016, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First P rt and hereinafter referred to as the CITY, and BURLAGE FAMILY PROPERTIES, LLC, 1190 Clayton Lane, Columbia Falls, Montana, 59912, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: OWHEREAS, the Developer is the owner and developer of a parcel as described in Exhibit C. J WHEREAS, the development on above described tract, Exhibit C, shall be known as Beehive of Kalispell, Phase I, and; WHEREAS, the City has conditioned its approval of the development of Beehive of Kalispell Phase I upon the conditions as set forth in the Conditional Use Permit KCU-14-03 and the City of Kalispell Design n and Construction Standards, April 2015 being completed, and; `J WHEREAS, all improvements, have not been completed at this time, and the Developer wishes to bond for the completion of those improvements; and WHEREAS, the City's Subdivision Regulations require that a developer 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 A"; and WHEREAS, the estimated total cost of construction of said improvements and completion schedule is shown in Exhibit `B" and is the sum of $81,681.80. NOW THEREFORE, in consideration of the approval of Beehive of Kalispell, Phase I 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 $102,102.25 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 $102,102.25 the estimated cost of completing the required improvements for Beehive of Kalispell, Phase I. 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 January 30, 2019. 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; 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 public 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 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 here in 14 IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Burlage F ily Propes by (Title) STATE OF MONTANA COUNTY OF 'i' On this S �-� day of vc,,- ( , 20 � kA , before me, a Notary Public for the State of Montana, personally appeared < Iq a -, known to me to be the :; ��e , e;,� 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 this day and year first above written. Notary Public for the State of Montana Residing at Expires MAYOR, CITY OF KALISPELL �A.Fk 43 .5a JUDi A. FUNK NOTARY PUBLIC for the a°Y"ftlti State of Fontana SEAL. Residin at Kalispell, Montana OF My commission Ex ire`��o���i February 25, 20 �N.� %(AL • OR4 MAYOR CITI CLERK �� •. tij0, ATTACHMENTS: EXHIBIT A ENGINEERS ESTIMATE OF CONSTRUCTION COST ATTEST: EXHIBIT B SUMMARY OF COSTS AND SCHEDULE OF COMPLETION AMENDED CONDITIONS OF APPROVAL BEEHIVE CONDITIONAL USE PERMIT EXHIBIT C LEGAL DESCRIPTION EXHIBIT A- ENGINEERS ESTIMATE BEEHIVE OF KALISPELL- IMPROVEMENTS BOND WATER MAIN EXTENSIONS TO PROPERTY LINES Westerly Property Line - 8 inch 1. 8" PVC DR 18 in place 370 LF $30.00/LF $11,100.00 2. Remove and relocate existing hydrant LS $500.00 500.00 3. 8 x 8 x 8 inch tee w/ thrust block LS 500.00 500.00 4. 8" valves w/ apron 2 EA 1,000.00 2,000.00 5. 8" cap 1 EA 300.00 300.00 Subtotal $14,400.00 Northerly Property Line - 8 inch 1. 8" PVC DR 18 in place 320 LF $30.00/1,17 $9,600.00 2. Fire Hydrant w/ aux. valve 1 EA 2,500.00 2,500.00 3. 8 x 8 x 8 inch tee w/ thrust block LS 500.00 500.00 4. 8" valves w/ apron 2 EA 1,000.00 2,000.00 5. 8" cap 1 EA 300.00 300.00 Subtotal $14,900.00 Total Estimated Cost $29,300.00 BIKE PATH 10 FEET WIDE ASPHALT PATH (Phase I -Base is in place) 1. 190 feet x 10' wide 1,900 SF $1.50 $2,850.00 1 BIKE PATH 10 FEET WIDE ASPHALT PATH (North Property Line — Asphalt & Base 8" 1. 335 feet x 10' wide 3,350 SF $2.50 $8,375.00 Total Estimate Path Costs $11,225.00 LANDSCAPING AND IRRIGATION (per approved plan) 1. Landscape and Irrigation LS $23,800.00 $23,800.00 MASONARY WAINSCOATING ON NORTH FACE OF BUILDING 1. Materials for 450 SF LS $4,656.80 $4,656.80 2. Labor for 450 SF 450 SF $26.00 $11,700.00 Total Estimated Cost $16,356.80 ONSITE STORMDRAINAGE 1. Access Road LS $500.00 $500.00 2. Grading and grouting LS $500.00 $500.00 TOTAL ESTIMATED COST OF IMPROVEMENTS $81,681.80 Prepared By: Michael W. Frhser,a CHA%- ;o EXHIBIT B SUMMARY OF COSTS AND SCHEDULE OF COMPLETION Item Number Description Completion Cost Completion Date 1. Water Main to West Property Line $14,400.00 January 30, 2019 2. Water Main to North Property Line $14,900.00 January 30, 2019 3. Bike Path Phase I $2,850.00 January 30, 2019 4. Bike Path North Property Line $8,375.00 January 30, 2019 5. Landscape and Irrigation $23,800.00 September 30, 2016 6. Masonary $16, 356.80 September 30, 2016 7. Storm Drainage $1,000.00 September 30, 2016 TOTAL ESTIMATE COST $81,681.80 125% of COST OF COMPLETION $102,102.25 EXHIBIT C LEGAL DESCRIPTION A tract of land located in the South Half of the Southeast Quarter of the Northeast Quarter of Section 2 Township 28 North, Range 22 West, P.M.M., Flathead County Montana; Tract 2 of Certificate of Survey 7084; Excepting therefrom all that portion lying within the Subdivision Plat of Fox Trotter Meadows Phase One Corrected, According to the map or plat thereof on file in the office of the Clerk and Recorder of Flathead County, Montana.