Subdivision Improvement Agreement/Phase 4BReturn to:
Kalispell City Clerk
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Kalispell, MT 59903
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Fees: $42.00
Debbie Pierson, Flathead County MT by DD B/ is/ 2016 4:55 PM
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this i day of �S , 20 16 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
TOUCHSTONE LLC. (Name of
Developer)
a LIMITED LIABILITY CORPORATION
(Individual, Company or Corporation)
located at 135 W IDAHO, SUITE B. KALISPELL. MT. 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 known as
MOUNTAIN VISTA SUBDIVISION PHASE 413 (Name of
Subdivision)
located at ASSESSOR'S TRACTS IBFA IN SECTION 2, TOWNSHIP 28 NORTH,
(Location of Subdivision) RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA
and,
WHEREAS, the City has conditioned it's approval of the final plat of
MOUNTAIN VISTA SUBDIVISION, PHASE 4B , 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
S 142,694.25
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
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 $ 178,367.81 . 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 $ 178,367.81 the estimated cost of
completing the required improvements in MOUNTAIN VISTA SUBDIVISION, PHASE 413
(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 December 15 , 20 17
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,
£ 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 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.
MOUNTAIN VISTA SUBDIVISION, PHASE 4B / TOUCHSTONE LLC
(Name of Subdivision/Developer/Firm)
by
(Nam e (Title)
STATE OF MONTANA
COUNTY OF Q&J:'NQa,.L
On this I --� day of JkkA�A 20�1 _, before me, a Notary Public for the State
of Montana, personally appeared V K\ ;pG , a r-th t A ! , known to me to be the
o"� D'f cs of LL(—. , 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.
' • SNtAH AtiRIGOPM
NOWN PUBW for the
Notary Public forte t to of Montana Staffs d Nlor km
Printed Narnaam", c' I WU mV C«
Residing at i4x, '' p (� �y ,pty 25, 2016
My Commission Expires
MAYOR, CITY OF KALISPELL
MAYOR
ATTEST, L'.$/io®`®os
A
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CIT CLERK � a
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EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B
This agreement specifically includes the following improvements, their projected construction completion date and
estimated construction costs.
CHECK CONSTRUCTION ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
IMPROVEMENTS DATE COSTS
Street Grading/Paving
Street Base
Sidewalks
Curbs and Gutters
Sanitary Sewers
Mains
Other ( )
On -Site Sewage
Facilities
Water Systems
Mains
Other ( )
On -Site Water Supply
Water Storage Tanks
Fire Hydrants
Storm Sewer or
Drainage Facilities
Street Signs
Street Lighting
Street Monuments
Survey Monument Boxes
Landscaping/Boulevard trees
Other ( )
SUBTOTAL
FEES
TOTALS COSTS
TOTAL COLLATERAL (TOTALS COSTS X 125%)
EXHIBIT "B"
CERTIFICATION OF WORK TO BE COMPLETED
MOUNTAIN VISTA PHASE 4B
SUBDIVISION ROADS & OVERLOT GRADE
Completed To Date: 7/15/2016
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
101
Strip Topsoil @ 6"
C.Y.
200
$6.50
$1,300.00
0
$0.00
102
Replace Topsoil @ 4"
C.Y.
200
$6.50
$1,300.00
0
$0.00
103
Embankment In-Place(Cut to fill onsite,compaction,
grading)
C.Y.
200
$6.50
$1,300.00
0
$0.00
104
Stabilization Fabric (Not including Extra for Joint
Overlap)
S.Y.
955
$1.50
$1,432.50
0
$0.00
105
1 1/2" Select Subbase in Roadway (incl. 3' Outside
EOP & Hammerhead
C.Y.
336
$39.00
$13,104.00
0
$0.00
106
3/4" Crushed Gravel in Roadway
C.Y.
210
$43.50
$9,135.00
0
$0.00
107
4" Asphalt Paving
S.Y.
955
$15.75
$15,041.25
0
$0.00
108
Curb & Gutter with Base Material
L.F.
290
$16.50
$4,785.00
0
$0.00
109
5' Sidewalk with Base Material (incl. ADA Ramp
Areas)
S.F.
1650
$5.00
$8,250.00
0
$0.00
SUBTOTAL ITEMS 101 - 109
$55,647.75
$0.00
WATER
SYSTEM
Completed To Date: 711512016
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
201
8" Water Main
L.F.
180
$42.00
$7,560.00
0
$0.00
202
Fittings/Tees/Reducer/Plugs
EA.
1
$67&00
$675.00
0
$0.00
203
Fire Boz Hydrant Assembly w/ Pipe, 6" Gate Valve &
EA.
1
$4,065.00
$4,065.00
0
$0.00
204
Water Services 314"
EA.
5
$1,400.00
$7,000.00
0
$0.00
205
Connect to existing
EA.
1
$1,700.00
$1,70 000
0
$0.00
SUBTOTAL ITEMS 201 - 205
$21,000.00
$0.00
SEWER
SYSTEM
Completed To Date: 711512016
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
301
2" Sewer Force Main
L.F.
130
$23.25
$3,022.50
0
$0.00
302
2" Ball Valves, Boxes, Concrete Collars
EA.
1
$800.00
$800.00
0
$0.00
303
Sewer Services
EA.
5
$1,400.00
$7,000.00
0
$0.00
304
New End Run Cleanouts W/ Concrete MH Structure,
Cover, Concrete Aprons
EA.
1
$2,000.00
$2,000.00
0
$0.00
305
Connect to Existing
EA.
1
$1,200.00
$1,200.00
0
$0.00
SUBTOTAL ITEMS 301 - 305
1 $14,022.50
$0.00
STORM DRAINAGE
Completed To Date: 7/15/2016
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
401
Catch Basin Adjustment and Inlet Apron
EA.
1
$600.00
$600.00
0
$0.00
402
Prep and Pave Maintenance Access
S.Y.
146
$17.50
$2,555.00
0
$0.00
403
Temporary Erosion Control For Construction (Silt
Fence, Straw Wattles, Inlet Protection, Etc.
L.S.
1
$500.00
$500.00
0
$0.00
404
Permanent Erosion Control (Hydroseeding, Sod,
Etc.
L.S.
1
$1,500.00
$1,500.00
0
$0.00
SUBTOTAL ITEMS 401 - 404
$5,155.00
$0.00
MISCELLANEOUS WORK
Completed To Date: 7/15/2016
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
501
All Incidentals for Connection to Existing
Subdivision, Including but not limited to: Traffic
Control, Asphalt & Concrete Removal
L.S.
1
$ 500.00
$500.00
0
$0.00
502
Signs
EA.
2
$ 500.00
$1,000.00
0
$0.00
503
Mailboxes
L.S.
1
$ 1,275.00
$1,275.00
0
$0.00
504
Mobilization Incl. Permits &SWPPP's
L.S.
1
$ 3,500.00
$3,500.00
0
$0.00
505
Landscaping
L.S.
1
$ 1,000.00
$1,000.00
0
$0.00
506
Construction Surveying
L.S.
1
$ 4,000.00
$4,000.00
0
$0.00
SUBTOTAL ITEMS 501-506
$11,275.00
$0.00
UTILITIES
- TRENCHING, CONDUIT, VAULTS & LIGHTS
Completed To Date: 711512016
Item
No. I
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
601
Common Utility Trench w/ Bedding
L.F.
350
$9.00
$3,150.00
0
$0.00
602
1" Conduit w/ Pull Rope & Sweeps
L.F.
350
$2.00
$700.00
0
$0.00
603
2" Conduit w/ Pull Rope& Sweeps
L.F.
700
$2.00
$1,400.00
0
$0.00
604
3" Conduit w/ Pull Rope& Sweeps
L.F.
350
$3.00
$1,050.00
0
$0.00
605
1 Phase Transformer Vault
EA.
2
$425.00
$850.00
0
$0.00
606
Secondary Pedestals
EA.
3
$100.00
$300.00
0
$0.00
607
Street Light Bases
EA.
1
$1,000.00
$1,000.00
0
$0.00
SUBTOTAL ITEMS 601-607
$8,450.00
$0.00
Total Construction = $115,550.25
Total Construction Completed to Date = $0.00
SERVICE COSTS, FEES, ENGINEERING
Completed To Date: 7/15/2016
Item
Unit
Estimated
QUANTITY
TOTAL COST
No.
Description
Measure
Quantity
Unit Price
Total Price
COMPLETED
COMPLETED
701
Flathead Electric - PH4B
L.S.
1
$14,601.00
$12,444.00
0%
$0.00
702
Northwestern Energy - PH4B
L.S.
1
$5,500.00
$5,500.00
0%
$0.00
703
Engineering, Construction, Certification - PH4B
L.S.
1
$9,200.00
$9,200.00
0%
$0.00
Ir
SUBTOTAL ITEMS 701 - 703
$27,144.00 -F
$0.00
TOTAL PROJECT BUDGET 1 $142,694.25
TOTAL ESTIMATED COST OF CONSTRUCTION $ 142,694.25
AMOUNT COMPLETED PRIOR TO BONDING $ -
AMOUNT OF REMAINING WORK PRIOR TO BONDING $ 142,694.25
AMOUNT OF BOND (125% OF REMAINING WORK) $ 178,367.81
AS PROJECT ENGINEER FOR THE MOUNTAIN VISTA SUBDIVISION PHASE 413, 1 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: $ 142,694.25
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 178,367.81
BRETT WALCHECK, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY;
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