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110 —Appendix F —Subdivision Improvement Agreement
APPENDIX F
SUBDIVISION IMPROVEMENT AGREEMENT
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Kalispell City Clerk 1111111IIIIIIIIIIIIIIIIIIIIIIIIIIIIlull11menuunnmi+111+ ++ Fees: $59.00
9 11 2017 2:06 PM
P.O. Box 1997 Debbie Pierson, Flathead County MT by NW %
Kalispell, MT 59903
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this 1 4_"� day of August , 20 17
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First
Part and hereinafter referred to as the CITY, and
Team Development, LLC
(Name of Developer)
a Limited Liability Corporation
(Individual, Company or Corporation)
located at PO Box 1642 Brush Prairie, WA 98606
(Street Address/P. O. Box) (City, County, State, Zip)
Parry 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
Southside Estates SabdMstali"
(Name of Subdivision)
located at
NHN Pintail Dr --SW 1/4 SE 1/4, S19, T28N, R21 W
(Location of Subdivision) and,
WHEREAS, the City has conditioned it's approval of the final plat of
Southside Estates Subdhdsten , 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
111 — Appendix F — Subdivision Improvement Agreement
$ 1,457,685.00
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 $ 692,400.00
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 $ 692,400.00
the estimated
cost of completing the required improvements in Southside Estates Subdiwsiw
(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 September 30th , 20 17
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 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.
112 — Appendix F — Subdivision Improvement Agreement
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 fumish 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.
Southside Estates SUbdWi7ferdTeaDevelopment, LLC
(Name of�Sdivision/Dev loper/Firm
by Brian Wells, Manager
(Title)
STATE OF`M4 Ov`eooY)
COUNTY OF MkAA+noV"&A,n
On this � 111 day of Nte�Lut- , 20 1 before me, a Notary Public for
the State of M�, personally appeared �r'u"�ik\S , known to
me to be the ���°y1
�A(Azac)err of k -catA iXveoOV MeN-t, U�_, C. ,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 MmTtw= ifeo)00 00FICIAL SEAL.
MISTI MARIE WEBB
Printed Name MSS w c \ Mb j NOTARY PUBLIC.ORf CON
Residing at
}'- COMMISSION NO. !MIt]0
or IgrC0E1S11ESEAIMEt MI�
My Commission Expires
MAYOR, CITY OF KALISPELL
MAYOR
ATTEST
" `,tt419ifit!!
CI Y CLERK
s �p N• t,
113 —Appendix F —Subdivision Improvement Agreement
EXHIBIT A
Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana.
EXHIBIT B See Attached Engineer's Estimate
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 (
114 —Appendix F —Subdivision Improvement Agreement
CHECK CONSTRUCTION . ESTIMATED PERCENTAGE
APPROPRIATE COMPLETION CONSTRUCTION COMPLETE
R\4PROVEMENTS DATE COSTS
SUBTOTAL $ 553,920.00
FEES Inc Above
TOTALS COSTS $ 553,920.00
TOTAL COLLATERAL (TOTALS COSTS X 125%) $ 692,400.00
Southside Estates Final Plat Engineer Estimate As At s 14 2017
Description
Unit
Qty
Total
% Complete
Total to Date
Total Remaining
Mobilization
LS
1
$4,500.00
100%
$4,500.00
$0.00
Survey Staking
LS
1
$20,000.00
50%
$10,000.00
$10,000.00
SWPPP
LS
1
$8,500.00
90%
$7,650.00
$850.00
Permits
LS
1
$400.00
100%
$400.00
$0.00
Compaction Testing
LS
1
$4,500.00
50%
$2,250.00
$2,250.00
Subtotal
$37,900.00
$24,800.00
$13,100.00
Excavate/Recompact Existing Uncontrolled Fill
LS
1
$67,200.00
100%
$67,200.00
$0.00
Subtotal
$67,200.00
$67,200.00
$0.00
8" Sewer Main
LF
1350
$64,800.00
100%
$64,800.00
$0.00
Sanitary Sewer Manholes
EA
9
$25,650.00
100%
$25,650.00
$0.00
4" Sanitary Sewer Services
EA
42
$50,400.00
100%
$50,400.00
$0.00
Sewer Pipe Bedding and Trench Replacement
Gravel
LS
1
$44,487.00
100%
$44,487.00
$0.00
72" Lift Station Replacement, Tie-in to Existing
LS
1
$12,300.00
80%
$9,840.00
$2,460.00
Subtotal
$197,637.00
$195,177.00
$2,460.00
8" Water main
LF
1360
$65,280.00
95%
$62,016.00
$3,264.00
8" Fittings
EA
9
$4,500.00
95%1
$4,275.00
$225.00
8" Gate Valves
EA
3
$6,000.00
95%
$5,700.00
$300.00
Fire Hydrants
EA
4
$19,200.00
100%
$19,200.00
$0.00
3/4" Water Services
EA
42
$92,400.00
90%
$83,160.00
$9,240.00
Reducers
EA
2
$1,000.00
100%
$1,000.00
$0.00
Water Pipe Bedding and Trench Replacement
Gravel
LS
1
$45,566.00
95%
$43,287.70
$2,278.30
Subtotal
$233,946.00
1 $218,638.70
$15,307.30
12" Storm Drain
LF
770
$27,720.00
70%
$19,404.00
$8,316.00
15" Storm Drain
LF
150
$5,700.00
66%
$3,762.00
$1,938.00
30" Diameter Catch Basins
EA
8
$21,200.00
70%
$14,840.00
$6,360.00
48" Diameter Storm Drain Manholes
EA
7
$19,950.00
70%
$13,965.00
$5,985.00
48" Diameter Outfall Structures
EA
2
$4,780.00
66%
$3,154.80
$1,625.20
CDS Storm Treatment Units
EA
2
$25,100.00
100%
$25,100.00
$0.00
Underground Storm Retention Areas
LS
1
$159,800.00
45%
$71,111.00
$88,689.00
3/4" Crush Gravel for Retention Pipe Bedding
LS
1
$31,747.00
66%
$20,953.02
$10,793.98
Bedding and Replacement Gravel for Solid Pipe
LS
1
$16,668.00
66%
$11,000.88
$5,667.12
Subtotal
$312,665.00
$183,290.70
$129,374.30
Common Utility Trench w/ Bedding
LF
3740
$20,570.00
0%
$0.00
$20,570.00
3" Secondary Power w/ Pull Rope and Sweeps
LF
3740
$9,350.00
95%
$8,882.50
$467.50
Power - Sweeps
EA
41
$1,722.00
95%
$1,635.90
$86.10
Single Phase Electric Vaults
EA
8
$7,816.00
95%
$7,425.20
$390.80
Street Light Foundations
EA
9
$10,800.00
95%
$10,260.00
$540.00
Light Pole - 1" Conduit
LF
500
$500.00
95%
$475.00
$25.00
Light Pole - Sweeps
EA
18
$144.00
95%
$136.80
$7.20
Subtotal
$50,902.00
$28,815.40
$22,086.60
Drive -over Curb and Gutter
LF
1
$37,958.00
0%
$0.00
$37,958.00
Equipment and Labor with Materials to Prep
LS
1
$34,972.00
0%
$0.00
$34,972.00
4" Concrete Sidewalk with Gravel
SF
14815
$44,445.00
20%
$8,889.00
$35,556.00
Dome Tiles
EA
9
$1,620.00
0%
$0.00
$1,620.00
Inlet Aprons
EA
10
$2,200.00
66%
$1,452.00
$748.00
Valve Box Squares
EA
5
$450.00
66%
$297.00
$153.00
Manhole and Catch Basin Aprons
EA
12
$2,640.00
66%
$1,742.40
$897.60
Mobilize
LS
1
$500.00
20%
$100.00
$400.00
Subtotal
$124,785.00
$12,480.40
$112,304.60
8" Concrete Mailbox Cluster Base with Gravel
SF
150
$975.00
0%
$0.00
$975.00
Place 12" of 3" minus Pit Run
LS
1
$51,120.00
10%
$5,112.00
$46,008.00
Place 3" of 3/4" Crush
LS
1
$40,399.00
0%
$0.00
$40,399.00
Place 4" of Asphalt - 2 lifts
LS
1
$91,700.00
0%
$0.00
$91,700.00
Access Roads to Retention Cleanouts
LS
1
$17,465.00
0%
$0.00
$17,465.00
Subtotal
$201,659.00
$5,112.00
$196,547.00
Phone/Data - 2" Conduit
LF
3740
$6,732.00
95%
$6,395.40
$336.60
Phone/Data - Sweeps
EA
42
$1,428.00
95%
$1,356.60
$71.40
Subtotal
$8,160.00
$7,752.00
$408.00
Landscaping
LS
1
$41,478.00
22%
$9,125.16
$32,352.84
Electrical Underground
LS
1
$92,928.00
100%
$92,928.00
$0.00
Natural Gas
LS
1
$28,090.00
100%
$28,090.00
$0.00
Sound Wall and Fencing at Utility Lot 1
LS
1
$60,335.00
50%
$30,167.50
$30,167.50
Subtotal
$222,831.00
$160,310.66
$62,520.34
TOTAL
$1,457,685.00
62%
$903,576.86
$553,700.14