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Subdivision Improvement Agreement Phase 1AReturn to: Theresa White Kalispell City Clerk 201 I 't Avenue East Kalispell, MT 59901 APPENDIX E (1) SUBDIVISION IMPROVEMENT AGREEMENT —PHASE lA THIS AGREEMENTmade and entered into this 20 -daof � ab y and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and State of Montana De t. of Natural Resources and Conservation, (Name of Developer) a State Agency.. (Individual, Company or Corporation) located at 1625 Eleventh Avenue, (Street Address/P. 0. Box) Helena Lewis & Clark Counly, Montana 59620--1601 (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 Timberwolf Center (Name of Subdivision) located at NWI14 Section 36 Township 29N Range 22W in the i.urisdiction of the Spring Prairie PUD (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Timberwolf Center Phase 1 A, (Name of Subdivision) 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 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 $339 594:00. 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 $4251000.00. 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 $3 3 9, 5 94.00 the estimated cost of completing the required improvements in Timberwolf Center Phase IA. (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 30, 2009. 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. 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. State of Montana, Department of Natural Resources &Conservation (NameA SubdivisionljDeveloper/Firm) by (Tide) STATEOF MONTANA Y OF �LJM!,j Citt it On this 26+14' day of Iv .......... q, 20��, before me, a Notary Public for the State of Montana, personally appeared-m ,known to me to be the ee- of 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. n e,14 •i.. ! y B tary Pub l i e State of40ntanaf� t tedto" �A Residing at My Commission Expires ATTEST: CITY CLERK 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 4 9/30/09 $79,277 Street Base 9/30/09 $295780 Sidewalks 9/30/09 $115250 Curbs and Gutters 9/30/09 $11,920 Sanitary Sewers :. Mains I1/15/08 $22,500 = Other [ } On -Site., --Sewage Facilities T `Water Systems Mains 10/15/08 $903557 ' i Other [ } r SPE On -Site Water Supply Water Storage Tanks t Fire Hydrants 10/15/08 $123000 Storm Sewer or. 9/30/09 $64,310 Drainage Facilities Street Signs 9/30/09 $600 Street Lighting 9/30I09 $173400 Street Monuments Survey Monument Boxes Landscaping/Boulevard trees Other [} SUBTOTAL $339 594 FEES $ 0 TOTALS COSTS $339,594 TOTAL COLLATERAL (TOTALS COSTS X 125%) $424,492 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 9/30/09 $ 7 0, 810 Street Base 9/30/09 $27,260 Sidewalks 9/30/09 $11,250 Curbs and Gutters 9130109 $113920 Sanitary Sewers Mains 11 / 15/08 $221500 Other } On -Site Sewage Facilities Water Systems .. Mains 10/15/08 $W557 Other } J On -Site Water Supply Water Storage Tanks Fire Hydrants 10/ 15/08 $121)000 Storm. Sewer or 9/30/09 $645310 Drainage Facilities Street Signs 9/30/09 $600 Street Lighting 9/30/09 $171400 Street Monuments Survey Monument Boxes Landscaping/Boulevard trees Other (Bike Path) 9/30/09 $1019 8 7 SUBTOTAL $339,594 FEES $ 0 TOTALS COSTS $339,594 TOTAL COLLATERAL (TOTALS COSTS X 125%) $424 492 COST ESTIMATE - TIMBERWOLF CENTER PHASE 1A Offsite Infrastructure - Stillwater Road, Timberwoif Parkway, Water & Sewer Kalispell, Montana Autiust 16, 2005 ITEM DESCRIPTION QTY UNITS SEI ESTIMATE UNIT PRICE TOTAL ROADWAY IMPROVEMENTS Street Grading/Paving (including bikepath) Earthwork (Including To soil Striin and Stock ilia } 71600 CY $4.00 $301400.00 Bituminous Surface Course 776 TON $32.00 $245r832.00 Bituminous Material 50.4 TON $400.00 $203160.00 Prime Coat 5.7 TON $450.00 $29565.00 Tack Coat 1.6 TON $450.00 $720.00 Pavement Markings 400 SF $1.50 $600.00 Subtotal $79,277.00 Sidewalks 4" Sidewalk w16" Underl in Base Course 11770 SF $5.00 $83850.00 ADA Truncated Domes 48 SF $50.00 $23400.00 Subtotal $11,250.00 Curb & Gutter Standard Curb and Gutter 745 LF $16.00 $11,920.00 Subtotal Street Base Sub -Base Course 785 CY $16.00 $12,560.00 Crushed Base Course 615 CY $28.00 $17,220.00 Subtotal $29,780.00 Storm Sewer 12" RCP (Class 5) 165 LF $40.00 $6,600.00 24" RCP (Class 3) 720 LF $48.00 $34,560.00 14" SDR 35 PVC Storm Drain Pie 25 LF $34.00 $850.00 30" Drop Inlet 3 EA $1,050.00 $3,150.00 48" Drop Inlet 3 EA $1,800.00 $55400.00 48" Storm Drain Manhole I EA $1,800.00 $1,800.00 60" Storm Drain Manhole 4 EA $2,800.00 $11,200.00 Ri2 Ra Class I 10 CY $75.00 $750.00 Subtotal $64,310.00 Street Si a e Street Si s 1 LS $600.00 $600.00 Street Lighting 1" Conduit for Under ound Electrical of Tele hone 600 LF $2.25 $13350.00 Trench for 6"14" 11 " Conduit 600 LF $1.75 $13050.00 Luminaire and Pole wl Base 3 EA $53000.00 $15,000.00 Subtotal $179400.00 SUBTOTAL - ROADWAY IMPROVEMENTS $2149537.00 WATER MAIN IMPROVEMENTS Water Mains 14" C900 PVC Waterline E. of Stillwater 932 LF $36.00 $33,552.00 12" C900 PVC Waterline 545 LF $33.00 $17,985.00 8" C900 PVC Waterline 475 LF $30.00 $145250.00 6" C900 PVC Waterline 145 LF $26.00 $3,770.00 14" Butterfly Gate Valve wl Box 5 EA $2,250.00 $11,250.00 12" Gate Valve wl Box 3 EA $19750.00 $51250.00 8" Gate Valve wl Box 3 EA $19500.00 $4,500.00 Subtotal $90,557.00 Fire Hydrants 6" Gate Valve wl Box 3 EA $15250.00 $39750.00 Fire Hydrant 3 EA $21750.00 $83250.00 Subtotal $12,000.00 SUBTOTAL -- WATER MAIN IMPROVEMENTS $1025557.00 SANITARY SEWER MAIN Earthwork (8 ft Wide Access Road) 100 CY $4.00 $400.00 8" SDR 35 PVC Sewer Line 620 LF $25.00 $151500.00 48" Sewer Manhole 2 EA $21000.00 $45000.00 Connection to Existing Manhole I EA $800.00 $800.00 Crushed Base Course (8 ft Wide Access Road) 100 CY $18.00 $1,800.00 SUBTOTAL - SANITARY SEWER MAIN IMPROVEMENTS $22,3500.00 SUBTOTAL - OFFSITE INFRASTRUCTURE $339-1594.00 TOTAL COLLATERAL COST (125%) $4249492.50 BIKE PATH BREAKDOWN Earthwork (Including Topsoil Striin and Stockpiling) 120 CY $4.00 $480.00 Crushed Base Course 90 CY $28.00 $2,520.00 Bituminous Surface Course 126 TON $32.00 $4,032.00 Bituminous Material 8.2 TON $400.00 $3,280.00 Prime Coat 1.2 TON $450.00 $540.00 Tack Coat 0.3 1 TON 1 $450.00 $135.00 SUBTOTAL - BIKE PATH VALUE $109987.00 Street Grading/Paving (excluding bike path) $70,810.00 Street Base (excluding bike path) $27,260.00