Diamond Ridge Estates SIA1^
Return to:
Theresa White
Kalispell City Clerk
P.U. Box 1997
Kalispell, MT 59903
F,;,==sooD3
Paula Robinson, Flathead County MT by NC 2/20/1008 9:93 AM
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this A Z day of *NuLWj200 5' ,
by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part
and hereinafter referred to as the CITY, and DIAMOND RIDGE ESTATES, LLC, ALLEN RIEBE,
MANAGING MEMBER, located at 394 Three Mile Drive, Kalispell, MT 59901., 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
DIAMOND RIDGE ESTATES located in the NW 114 NW 114 Section 12, T.28N., R.22W. Flathead
County, Montana and,
WHEREAS, the City has conditioned its approval of the final plat of DIAMOND RIDGE ESTATES,
Pon the conditions as set forth in the Preliminary Plat of the Subdivision being completed and all
mprovements, as cited 1n "Exhibit A" have not been completed at this time, and the Developer wishes
o 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
ecurity of 125% of the estimated total cost of construction of said improvements as evidenced by an
stimate nrenared by a licensed public engineer included herewith as "Exhibit B"; and
REAS, the estimated total cost of construction of said improvements is the sum of $10,600.00.
OW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the
ity, 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 $13,250.00. 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 $ 13,250.00, which is the estimated cost of
completing the required improvements in DIAMOND RIDGE ESTATES plus an additional 25% of
the estimated construction costs to cover administrative costs.
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 limit of credit stated in the letter;
2. That said required improvements shall be fully completed by October 31, 2008.
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 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. 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.
1111lIII Feee°ss=oa°'
Paula Robinson, Flathead county MT by NC 2/20/200e 9:43 am
11111111111111im oase°3o�=403
Paula aonin, Flathead County Mr by NC z/2o/iooe s:ai nn
EXHIBIT "B"
CERTIFICATION OF WORK TO BE COMPLETED
DIAMOND RIDGE ESTATES
KARA DRIVE
COMPLETED TO DATE
January 10, 2008
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
101
Clearing & Grubbing
AC.
1.5
$ 4,400.00
$ 6,600.00
1.5
$6,600.00
102
Unclassified Excavation (Estimate of3800C.Y -
(includes Roadway, Bike Path, and Detention Pond
LUMP
1
$ 21,000.00
$ 21,000.00
1
$21,000.00
103
9" of 3" - Pit Run Gravel
C.Y.
1,140
$ 24.50
$ 27,930.00
1,140
$27,930.00
104
6" of 314" Crushed Gravel
S.F.
41,005
$ 0.50
$ 20,502.50
41,005
$20, 502.50
105
Hot Plant Mix Ash alt 4" - 2 Lifts
S.F.
33800
$ 1.30
$ 43,940.00
33,800
$43,940.00
106
Remove Existing Curb & Gutter
L.F.
100
$ 16.00
$ 1,600.00
100
$1,600.00
107
Concrete Curb and Gutter
L.F.
2,412
$ 16.00
$ 38,592.00
2,412
$38,592.00
108
5' Concrete Sidewalk on 6" Prepared Base
L.F.
2680
$ 26.50
$ 71,020.00
2680
$71,020.00
109
Concrete Handicap Accessible Rams
EA.
4
$ 230.00
$ 920-00
4
$920.00
110
10'As halt Bike Path on 8" Preared Base
L.F.
500
$ 22.15
$ 11,075.00
500
$11,075.00
111
Topsoil (3" Depth) in Boulevards & Embankments
C.Y.
320
$ 15.25
$ 4,880.00
320
$4,880.00
112
Street Sign and Placement
EA.
1
$ 570.00
$ 570.00
1
$570.00
113
H droseedin Seed & Mulch Boulevards
AC.
0.8
$ 3,000.00
$ 2,400.00
0.8
$2,400.00
114
Mail Box Slab
EA.
1
$ 1,100.00
$ 1,100.00
1
$1,100.00
115
All Weather Access Strip
L.F.
190
$ 47.75
$ 9,072.50
190
$9,072.50
116
Boulevard Trees
EA.
40
$ 300.00
$ 12,000.00
15
$4.500.00
SUBTOTAL ITEMS 101.116
1
1
$ 273,202.00
1
$ 265,702.00
WATER SYSTEM
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
201
8" Water Main - AWWA C900, Class 150
L.F.
1,648
$ 27.50
$ 45,320.00
1648
$45,320.00
202
8" Gate Valves & Boxes
EA.
3
$ 1,500.00
$ 4,500.00
3
$4,500.00
203
8" Misc. DI Fittings
EA.
18
$ 750.00
$ 13,500.00
18
$13,500.00
204
Fire Hydrants
EA.
3
$ 5,250.00
$ 15,750.00
3
$15,750.00
205
1" Water Services
EA.
23
$ 800.00
$ 18,400.00
22
$17,600.00
SUBTOTAL ITEMS 201-205
$ 97,470.001
1
$ 96,670.00
SEWER SYSTEM
Item
No.
Descri tion
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
301
8" Sewer Main PVC SDR 35
L.F.
1,465
$ 27.50
$ 40,287.50
1,465
$40,287.50
302
,V Diam. Manholes w/ Ring & Cover
EA.
14
$ 1,750.00
$ 24,500.00
14
$24,500.00
303
Drop Connection at Manhole
EA.
2
$ 750.00
$ 1,500.00
2
$1,500.00
304
Connect to Existing Manhole & Raise Rim Elevation
EA.
1
$ 850.00
$ 850.00
1
$850.00
305
4" PVC Sewer Services
EA.
19
$ 750.00
$ 14,250.00
19
$14,250.00
306
Pressure Sewer Services
EA.
4
$ 1,000.00
$ 4,000.00
4
$4,000.00
SUBTOTAL ITEMS 301 - 306
$ 85,387.50
$ 85,387.50
DRAINAGE & MISCELLANEOUS WORK
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
-A401-
Catch -Basins w1 Castings -
EA. _- -
-6_ - -
- $- _ - 825.00
$- - - - - 41950:00
_ _ 6
- $4-,950.00
A402
Drain Basins w! Castings
EA.
5
$ 825.00
$ 4,125.00
5
$4,125.00
A403
4' Diam. Storm Manholes wl-Ring & Cover
EA.
5
$ 1,750.00
$ 8,750.00
5
$8,750.00
A404
12" Storm Sewer Main
L.F.
366
$ 28.00
$ 10,248.00
366
$10,248.00
A405
8" Storm Sewer Main
L.F.
137
$ 26.00
$ 3,562.00
137
$3,562.00
A406
6" Storm Sewer Main
L.F.
384
$ 24.00
$ 9,216.00
394
$9,216.00
A407
Storm Tech SC-740 Chambers
L.F.
281
$ 80.00
$ 22,480.00
281
$22,480.00
A408
4" - 6" Rip Rap Outlet Protection
C.Y.
2
$ 50-00
$ 100.00
2
$100.00
A409
Place 3" To soil Ponds and Drainage Swales
C.Y.
65
$ 25.00
$ 1,625.00
65
$1,625.00
A410
Drainage Swales
L.F.
300
$ 15.00
$ 4,500.00
300
$4,500.00
A411
H droseed Pond and Swales
AC.
0.2
$ 3,000.00
$ 600.00
0.2
$600.00
A412
12" CMP
L.F.
70
$ 25.00
$ 1,750.00
70
$1,750.00
A413
Detention Pond Fence
L.F.
230
$ 5.00
$ 1,150.00
0
$0.00
SUBTOTAL ITEMS A401 - A413 i
$ 73,056.00
$ 71,906.00
Fees:2008000044
$ss.o03
Paula Robinson, Flathead County MT by NC 2/10/200e 9:43 nw
UTILITIES - TRENCHING, CONDUIT & VAULTS
COMPLETED TO DATE
January 10, 2008
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
501
Common Utility Trench wt Bedding
L.F.
2,000
$ 4.50
$ 9,000.00
2,000
$9,000.00
502
1" Street Li ht Conduit wJ Pull Rae
L.F.
140
$ 1.50
$ 210.00
140
$210.00
503
2" Conduit wl Pull Rae
L.F.
3,000
$ 3.00
$ 9,000.00
3,000
$9,000.00
504
3" Conduit w/ Pull Rae
L.F.
4,400
$ 4.00
$ 17,600.00
4,400
$17,600.00
505
V Conduit for Gas Sleeve
L.F.
210
$ 5.00
$ 1,050.00
210
$1,050.00
506
Li ht Bases Standard FEC
EA.
5
$ 700.00
$ 3,500,00
5
$3,500.00
507
1 Phase Transformer Vault
EA.
4
$ 750.00
$ 3,000.00
4
$3,000.00
508
Set Secondary Service Pedestals
EA.
10
$ 100.00
$ 1,000.00
10
$1,000.00
509
Bore Utilities Under Three Mile Drive
0.3" PVC Conduit and 2.2" PVC Conduit]
L.S.
1
$ 2,000.00
$ 2,000.00
1
$2,000.00
SUBTOTAL ITEMS 501-509
$ 46,360.00
$ 46,360.00
PPr7F1=-qRIr)NA1 A I ITII ITV -CZ1=RVIr 1= r'_[IQTC
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
601
Construction Engineering 1 Inspection
LUMP SUM
1
$ 35,000.00
$ 35.000.00
980/0
$34,300.00
602
Legal Surveying
LUMP SUM
1
$ 15,000.00
$ 15,000.00
97%
$14,550.00
603
Flathead Electric
LUMP SUM
1
$ 23,587.00
$ 23,587.00
100%
$23,587.00
604
Northwest Energy
LUMP SUM
1
$ 11,497.00
$ 11,497.00
100%
$11,497.00
05
Centu el
LUMP SUM
1
$ 13,885.68
$ 13,885.68
100%
$13,885.68
fft
SUBTOTAL ITEMS 601-605
$ 98,969.68
$97,819.68
TOTAL PROJECT BUDGET
ORIGINAL TOTAL ESTIMATED COST OF CONSTRUCTION
AMOUNT COMPLETED PRIOR TO BONDING
AMOUNT OF REMAINING WORT[ PRIOR TO BONDING
AMOUNT OF BOND (125% OF REMAINING WORK)
AMOUNT OF WORK COMPLETED TO DATE
PERCENTAGE OF WORK COMPLETED TO DATE
AMOUNT OF WORK REMAINING
ORIGINAL BOND AMOUNT
AMOUNT OF BOND TO BE RETAINED (125% OF REMAINING WORK)
BOND AMOUNT TO BE RELEASED
AMOUNT PREVIOUSLY RELEASED
AMOUNT TO BE RELEASED AT THIS TIME
AS PROJECT ENGINEER FOR DIAMOND RIDGE ESTATES, 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:
THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE:
SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
THEREFORE, IT IS iN ACCORDANCE WITH THE SUBDIVISION IMPROVEMENTS AGREEMENT
TO REDUCE THE TOTAL AMOUNT OF THE SECURITY HELD BY: $0.00
ROD SCHENCK, P.E.
1 $ 674,445.78 1 1 $ 663,845.18
$ 674,445.18
$ 663,845.18
$ 10,600.00
$ 13,250.00
$ 663,845.18
98.4°Io
$ 10,600.00
$ 663,845.18
$ 10,600.00
$ 13,250.00
ALL WORK TO BE COMPLETE❑ BY OCTOBER 31, 2008
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year
herein b e fore written.
ALLEN RIEB E, MANAGING MEMBER
DIAMOND RIDGE ESTATES, LLC
STATE OF MONTANA
SS.
County of Flathead )
This instrument was acknowledged before me on �. , , ] 0 , 200 ,
by Allen Riebe.
Printed Name Dee, F� cA~-►
SEAL Notary Public for the State of Montana
Residing at4�A
----
My Commission Expires no.ajj 16ro 310
OR, CITY OF KALISPELL ATTEST:
AYOR C��o2ecw
KAG
r iCORPORATFIO
SEAL
OA40NTANA •
■
1892
II� II II' II� II� I� II IIQ IIp IIY I I IIu IIuI YI III II Page: of 5403
Robinson, Flathead coon Fees: g55.00
Paula Robinso
ry nr by xc a/zo(zooe e:as AM