SIA Phase 1 (Recorded)Return to:
Theresa White
Kalispell City Clerk
P.O. Box 1997
Kalispell, MT 59903
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Paula Robinson, ri,tneae County nr by Hw 3/v/iooe n<�on
SUBDIVISION IWROVEMENT AGREEMENT
SILVERBROOK ESTATES, PHASE 1
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14-1
THIS AGREEMENT, made and entered into this-. day of February, 2008, by and between the CITY
COUNCIL, City of Kalispell, Montana, Party of the First Part and hereinafter referred to as the CITY, and
93 and CHURCH, LLC, a Montana limited liability company with its offices located at 3154 Parkwood
Lane, Bigfork, Montana, 59911., 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
Silverbrook Estates located at U.S. Highway 93 North, Kalispell, Montana; and
WHEREAS, the City has conditioned it's approval of the final plat of Silverbrook Estates, Phase 1 upon
the conditions as set forth 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
set up a joint bank account 93 and Church, LLC, City of Kalispell Improvement Account for the
completion of those improvements set forth in "Exhibit A"; and
WHEREAS, the estimated total cost of construction of said improvements is the sum of $3,955,223
(Three Million, Nine Hundred Fifty Five Thousand, Two Hundred Twenty -Three Dollars and no1100).
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
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1. The Developer shall deposit as collateral with Glacier Bank of Whitefish in the amount of $3,955,223
(Three Million, Nine Hundred Fifty Five Thousand, Two Hundred Twenty -Three Dollars and no/100).
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 joint bank account guarantees funds in the sum of $3,955,223 the estimated cost of
completing the required improvements in Silverbrook Estates, Phase 1.
b. That if the Developer fails to complete the specified improvements within the required period,
the City of Kalispell may draw upon these funds, and without further action, to finance the
completion of those improvements;
2. That said required improvements shall be fully completed by December 31, 2009.
3. That upon completion of the required improvements, the Developer shall cause to be filed with the City
a statement certifying:
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. That 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.
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Paula Robinson, Flathead CountyFees: g53.o0
MT by NW a/1)/3006 3:49 DM
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 that must be corrected
within 60 days of notification.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
93 and CHURCH, LLC
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By: Howard T. Mann Its: Sole Managing Member
STATE OF MONTANA
County of Flathead
1944
On this day of February, 2008,
personally appeared Howard T. Mann, known to
LLC, whose name is subscribed to the foregoing
the same.
before me, a Notary Public for the State of Montana,
me to be to the managing member of 93 and Church,
instrument and acknowledged to me that he executed
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year
first above written.
iry •. a.:.ti.
Notary Public for the State of NLAtana
Printed Name
Residing at
M commission expire 20 �. , ,. X",
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77 A-y e
Y , CITY OF KALISPELL ATTEST
MAYOR CITY CLERK
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EXHIBIT `A"
SUBDIVISION IMPROVEMENT AGREEMENT
Silverbrook Estates, Phase 1
Currently there are two projects under construction, one by Schellinger Construction and one by
COP Construction. In addition to these two projects there are three construction packages that
have been bid collectively and are referred to as Bid Package #3. Bid Package #3 includes the
following items:
Bid Package A --- LandscapelPlantingslIrrigation
Right -of -Way Landscaping and boulevard trees required for bonding are included within the line
item Landscaping and Boulevard Trees listed below. This work is anticipated to be completed
by October 2009
Bid Package B -- Parks/Amenities/Fencing/Trails/ Walkways/Decorative Lighting
All work associated with the park areas and amenities, seating, basketball and tennis courts,
asphalt trails and concrete walkways and decorative lighting. This work is anticipated to be
complete by October 2009
Bid Package C -- Fountains/Entry Features
All work associated with the fountains, stonework, fountain lighting, decorative signage,
plumbing, mechanical work, electrical components, wood and stone columns, masonry and
concrete components and associated construction activities. Bid Package Three is not required
for bonding.
The following is a summary of actual costs to complete the above -referenced items. The back-up
cost information is attached.
Silverbrook Estates Remaining
Construction Items — Schellinger $1,09351548
Silverbrook Estates Remaining
Construction Items — Lift Station
Highway 93 water and Wastewater
Systems Extensions
Landscaping and.Boulevard Trees
$ 696,V4+
$ 3183231
5805001
Bid Package B $15186,8o
Bid Package C —(Not required to be bonded) $0
Street Signs $ 80a
Subtotal $31)955,22
Total Collateral (Total Costs X 100%) $39955,223
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Fees:$63.00
Paula Robinson, Flathead county wi by rvw 3/27/3008 3:49 DM
Silverbrook Estates
Remaining Construction Items - Schellinger
Phase One Construction
Anticipated
Completion
Item
Description .,.._._
Unit Price
Total
Date
104A
Pond Excavation
$6.501CY
.__....,Qty--
11OOOCY
.cost
$6,500
411/2008
105
Asphalt MDT Class C-4
$1.301SF
169,960SF
$2207948
4/1512008
111
4" Thick Concrete Sidewalk
$3.701SF
607700
$2247590
4/30/2008
113
Standard Curb
$13. 901LF
11360 LF
$181904
4/15/2008
115
Roil curb
$13. 701LF
121140 LF
$166, 318
4/15/2008
116
Traffic control Devices
$50100OLS
1 LS
$50,000
5/15/2008
202
Well House (Building)
$641550/EA
2 EA
$1291100
5/1/2008
226
connect to USGS Utility
$3 340
1 EA
$ 3 340
4/15/2008
Extension
'
'
425
Bypass Inlet
$41975
1 EA
$41975
2/15/2008
426
Bypass Cutlet
$101800
1 EA
$101800
2/15/2008
504
Rip Rap Cutlet
$105 CY
100 CY
$107500
2115/2008
617
Wood Railing
$37,655 EA
1 EA
$371655
311/2008
620
Crash Railing
$172.20
210 LF
$367162
3/1/2008
711
Meter Base
$11265
5 EA
$6 7 325
4/15/2008
712
48OV/3 Panel
$2,275
5 EA
$111375
4/15/2008
713
H P 1 Light Pole Base
$446.70
20 EA
$881934
4/15/2008
714
H P2 Light Pale Base
$51416.60
2 EA
$101833
4/15/2008
714A
HP1 & 2 Poles & Fixture
$561289.88
1 EA
$567289
4/15/2008
$1,0937548
ITEM
DESCRIPTION
QUANTITY
UNIT
UNIT PRICE
AMOUNT
INTERIM FIRE PROTECTION SYSTEM - CONNECT TO IRRIGATION WELL
Submersible Pump, Furnish & Install
1
EA
$
50,000.00
$ 50,000.00
202 Well House Piping, Valves, Equipment, Chlorination, Controls
1
LS
$
75,000.00
$ 75,000.00
12" AWWA C-905 Class 150 PVC Water Main
500
LF
$
37.70
$ 18,850.00
12" Gate Valve
1
EA
$
3,000.00
$ 3,000.00
14" X 14" X 12" DI Tee
1
EA
$
1,600.00
$ 100.00
12" 90 Degree ❑I Elbow
1
E4
S
1,075.00
$ 1,075.00
12" 45 Degree DI Elbow
1
EA
925.00
925.00
12" 22.5 Degree DI Elbow
2
EA
$
925.00
$ 1,850.00
216 Backflow Preventer
1
EA
$
4,500.00
$ 4,500.00
217 Pressure Switches with vaults
3
EA
$
5,000.00
8 15,000.00
FUTAL WATER SYSTEM !MPRDVEMENTS 171,800,00
300 LIFT STATION #1 - Remaining (-25% complete)
1
LS
$
223,500.00
$
223,500.00
300 LIFT STATION #1 - Backup Generator
1
EA
$
64,000.00
$
64,000.00
303'A PVC Pressure Pipe 8" SDR26
100
LF
$
18.30
$
1,830.00
3038 PVC Pressure Pipe 12" SDR26
100
LF
$
41.00
$
4,100.00
j.jN5 5' Typical Eccentric Sanitary Sewer Manhole
1
EA
$
2,480.00
$
2,480.00
306. Sanitary Sewer Manhole, Additional Depth
15
VF
$
70.00
$
710.00
$
-
TOTAL SANITARY SEWER SYSTEM IMPROVEMENTS
****
$
296?620.00
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Paula Robinson, Flathead County MT by NW 3/37/20083:94 PM
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=:.63.00
Paula Robinson,Flathead county wr by xw 3/z7/zooe s:aa vn
February 1, 2008
Highway 93 Water and Wastewater System Extensions
Percent Complete in Dollars
Anticipated Completion. Date April 1, 2008
Schedule
Description
°I°
Complete
Contract
Amount
Amount to
Date
Amount
Remaining
Schedule 0
General Requirements
95%
$4..... . . .32,.- . . .000
. . . ....
$41 I,600
. .............
$20,400
Schedule 1
Gravity Sewer
93%
9073813
85009
$57,204
Schedule 2
North Sewer Force Main
....... . . . . ....... ............... . . ........ . . . ........
960/'o
.................... . ........... ....... . .....
286,338
.............. * .. . ... . .....
$2741,342
........ . ..... ...
$115996
........... . ..... ......... . ..................................
Schedule 3
South Severer Force Main. . . . . . ........ . . .... . . . ...........
... -.-I. ......... . ...... .Schedule
... 89%
$637,537
$571A55
$66,082
4
Lift Station
61%
... . .. . .............. . .
$3587971
.. . .. _* ...........
............. . . . . . .12
218,335
* ....... . ... *"--"--""-,*
$140,636
... . . ........... "'__ . . ...........
Schedule 5
Water Main Extension
100%
$1,096,2.....
$1,096,267
($555)
Schedule 6
Project Contingency
75%
$128,738
96,771
S317967
Tot n�ect
°l.A7°�0
$31 8. 4'' 609
.}r 3 ? a ��L n� ] `3 x7❑
Value Remaining to Bond $318,230
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Paula Robinson, Flathead County MT by NW 3/])/200e $
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DESc Rl PT10N
That portion of Section Thirteen (13), Township Twenty-nine North (T.29 N.), Range Twenty-two
West (R.22 W.), Principal Meridian Montana, Flathead county, Montana, described as follows:
Commencing at the northeast corner of the NE '/4 SE114 of Section 13; thence S 89° 31,1211 W for
141.79 feet to the TRUE POINT OF BEGINNING of the tract of land herein described, thence S 89"
31' 12" W for 1191.61 feet; thence S 89° 30' 39" W for 1334.09 feet; thence S 89° 31' 38" W for
1289.59 feet to the easterly bank of the Stillwater River; thence along said easterly bank the following
21 courses: N 06" 30' 23" W for 88.65 feet; thence N 07' 07' 16" E for 127.25 feet; thence N 01 " 17'
12" E for 99.44 feet; thence N 09' 16' 57" W for 6 3.0 8 feet; thence N 41 ° 50' 27" W for 74.34 feet;
thence N 00" 08' 45" W for 2 51.0 5 feet; thence S 610 59' 38" E for 23.24 feet; thence S 24' 24' 53" E
for 182.08 feet; thence S 03' 19' 51 " W for 137.68 feet; thence S 08' 37' 35" E for 232.00 feet; thence
S 500 40' 15" E for 72.58 feet; thence S 76' 48' 23" E for 276.44 feet; thence S 88"40'48" E for 217.15
feet; thence N 72' 01' 04" E for 83.06 feet; thence to the beginning point of a non -tangent curve to the
left having a radius of 144.91 feet from which the radius point bears N 270 39' 52" E, thence left along
said curve through a central angle of 134021'23" for an arc length of 339.81 feet; thence N 620 19'
55" W for 149.72 feet; thence N 56' 16' 52" W for 103.44 feet; thence N 380 43' 44" W for 89.94 feet;
thence N 07' 01' 43" W for 159.30 feet; thence N 19' 16' 30" E for 176.49 feet; thence N 06° 29' 40"
W for 73.77 feet; thence N 69' 24' 47" E for 413.64 feet; thence N 53° 19' 49" E for 130.13 feet;
thence N 550 45' 55" E for 127.86 feet; thence N 410 35' 43" E for 61.51 feet; thence N 290 27' 55" E
for 60.44 feet; thence N 44' 02' 25" E for 112.77 feet; thence N 77° 21' 15" E for 120.81 feet; thence
N 560 53' 45" E for 106.39 feet; thence N 560 53' 45" E for 69.07 feet; thence S 600 26' 31 " E for
44.76 feet; thence S 41 ° 53' 41" E for 82.19 feet; thence N 450 16' 40" E for 11.26 feet; thence N 31 °
14' 30" E for 28.86 feet; thence N 450 16' 41" E for 23.20 feet; thence N 590 18' 51" E for 28.86 feet;
thence N 45' 16' 40" E for 32.36 feet to a point on a curve concave easterly having a radius of 225.00
feet from which the radius point bears N 55' 37' 36" E, thence right along said curve through a central
angle of 31 ° 26' 50" for an arc length of 123.49 feet, thence S 87" 04' 26" W for 10.00 feet; thence to
a point on a curve concave southeasterly to the right having a radius of 235.00 feet from which the
radius point bears N 870 04' 26" E, thence right along said curve through a central angle of 530 17'
40" for an arc length of 218.59 feet; thence N 500 22' 06" E for 19.63 feet; thence N 390 28' 05" W for
400.65 feet to the beginning point of a curve to the right having a radius of 1050.00 feet; thence right
along said curve through a central angle of 15° 12' 21" for an arc length of 278.66 feet; thence N 24°
15' 45" W for 51.72 feet; thence along a 1550.00 feet radius curve to the right through a central angle
of 330 33' 24 ` an arc length 910.05 feet; thence N 09° 22' 40" E for 177.68 feet to the beginning of a
950.00 feet radius curve to the left through a- central angle- of 10' 01' 41 " an arc length of 166.27 feet;
thence N 00' 39' 01" W for 278.94 feet; thence N 890 20' 59" E for 63.81 feet; thence N 89" 20' 49" E
for 36.19 feet; thence S 00' 39' 01 " E for 278.94 feet to the beginning of a 1050.00 feet radius curve
to the right through a central angle of 10' 01' 41 'an arc length of 183.77 feet; thence S 09' 22' 40" W
for 177.68 feet to the beginning of a 1450.00 feet radius curve to the left through a central angle of
33' 38' 24" an are length of 851.34 feet; thence S 24' 15' 44" E for 51.72 feet to the beginning of a
950.00 feet radius curve to the left through a central angle of 15* 12' 21" an arc length of 252.12 feet;
thence S 39' 28' 05" E for 480.37 feet; thence N 50° 22' 06" E for 81.40 feet to the beginning of a
curve to the left having a radius of 370.00 feet; thence left along said curve through a central angle of
040 30' 27" for an arc length of 29.11 feet; thence S 61 ° 07' 49" E for 13.19 feet to the beginning
a radius of 220.00 feet; thence right along said curve through a central angle of 22' 02' 07" for an arc
length of 84.61 feet to a 1430.00 feet radius compound curve to the right through a central angle of
30' 57' 04" an are length of 772.48 feet; thence S 08' 08' 38" E for 184.25 feet to the beginning point
of a curve to the left having a radius of 820.00 feet; thence left along said curve through a central
angle of 800 12' 46" for an arc length of 1147.98 feet to a point on a 960.00 feet radius curve to the
right having a radial bearing of S 84' 32' 34" W through a central angle of 04' 51' 59" an arc length of
81.54 feet; thence S 00' 35' 27" E for 52.43 feet to a point on a curve to the left having a radius of
950.00 feet having a radial bearing of N 01 ' 15' 04" E; thence left along said curve through a central
angle of 01 043'52" an arc length of 28.70 feet; thence N 89' 31' 12" E for 660.06 feet; thence S 000
16' 30" E for 100.00 feet to the point of beginning and containing 73.161 Acres. All as shown hereon.
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Fees: $63.00
Paula Robinson, Flathead county MT by NW 3/17/2008 3:44 Pen