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