G1. Silverbrook Estates Final PlatPLANNING FOR THE FUTURE
MONT"A
REPORT TO: Doug Russell, City Manager
FROM: Jarod Nygren, Senior Planner
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannine
SUBJECT: Final Plat request for Silverbrook Phase 2A-A Subdivision
MEETING DATE: July 16, 2018
BACKGROUND: Our office has received an application for final plat approval from WGM Group,
on behalf of Silvermont Properties, LLP, for a 2-lot commercial subdivision on 4.48 acres of land.
The subject property is located at the north end of Silverbrook and both lots abut Church Drive. The
property is generally located in the NE4 of Section 13, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana and is more specifically described in Exhibit A (attached).
The Kalispell City Council approved the preliminary plat with 43 conditions on January 4, 2016 and
amended on February 21, 2017. All of the conditions have been met or otherwise adequately addressed.
In addition, a Subdivision Improvement Agreement in the amount of $598,022.63 (125% of remaining
cost) is included for City Council action.
RECOMMENDATION: It is recommended that the City Council approve the final plat and
Subdivision Improvement Agreement for Silverbrook Phase 2A-A.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: July 10, 2018
Aimee Brunckhorst, Kalispell City Clerk
PLANNING FOR THE FUTURE
July 10, 2018
Doug Russell, City Manager
City of Kalispell
201 1" Ave E
Kalispell, MT 59901
145Cox,#1►W41
Planning Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Re: Final Plat request for Silverbrook Estates Phase 2A-A Subdivision
Dear Doug:
Our office has received an application for final plat approval from WGM Group, on behalf
of Silvermont Properties, LLP, for a 2-lot commercial subdivision on 4.48 acres of land. The
subject property is located at the north end of Silverbrook and both lots abut Church Drive. The
property is generally located in the NE4 of Section 13, Township 29 North, Range 22 West,
P.M.M., Flathead County, Montana and is more specifically described in Exhibit A (attached).
The Kalispell City Council approved the preliminary plat with 43 conditions on January 4, 2016 and
amended on February 21, 2017. All of the conditions have been met or otherwise adequately addressed.
The following report summarizes the applicant's compliance with the conditions of approval contained
within Resolutions 5749 and 5806.
COMPLIANCE WITH CONDITIONS OF APPROVAL
1. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the preliminary plat as approved by the city council. Note: Implementing the
conditions of approval may reduce the number of lots shown on the approved preliminary plat.
Staff Response: This condition has been met. The submitted final plat is in substantial
compliance with the preliminary plat application documents.
2. The total footprint square footage for all buildings on the 13 commercial lots in phase 2A shall
not exceed 120,000 square feet. The largest building shall not exceed 25,000 gross square feet.
Staff Response: This condition has been met. The lots are currently vacant and building and
planning staff is aware of the condition.
3. The preliminary plat approval for phase 2 shall be valid for a period of three years from the date
of approval.
Staff Response: This condition has been met. The preliminary plat expires in January 2019.
4. Prior to final plat approval of phase 2B the townhouse lots shall be renumbered with the A&B
designations added to each lot (i.e. 305A and 305B) to further clarify the lots as townhouse lots.
Staff Response: This condition is not applicable to this phase.
5. The following note shall be placed on the final plat for phase 213: "Further subdivision of the lots
in phase 2B is prohibited."
Staff Response: This condition is not applicable to this phase.
6. Prior to submitting a final plat application for phase 2C a zone change application for blocks 33
and 40 to change the zoning from R-4 to R-2 shall be approved by the Kalispell City Council.
Staff Response: This condition is not applicable to this phase.
7. The existing Traffic Impact Study shall be amended to include an analysis of the approaches
intersecting Church Drive and mitigated improvements that may be necessary to Church Drive
with the increase in traffic. Proposed improvements that may result from the analysis shall be
approved by the Public Works Department prior to engineering design.
Staff Response: This condition has been met. This project only consists of 2 lots therefore in
agreement with the Kalispell Public Works, an amended Traffic Impact Study will be submitted
with the larger future phases of Phase 2.
8. The streets serving the neighborhood commercial portion of the project will be constructed to a
minimum of collector street standards. The following note shall be placed on the final plat for
phase 2A: "Along roadways with on street parking, the eight (8) feet adjacent to the curb shall
be used for snow storage. Pedestrian facilities must be provided outside of the aforementioned
eight (8) feet."
Staff Response: This condition has been met. Diamond Loop has been designed to collector
street standards and approved by Kalispell Public Works in a letter from Kalispell City Engineer
Keith Haskins, PE, dated 9/12/2017.
9. All intersections shall be designed in accordance with the most recent version of AASHTO's A
POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS. Streets shall intersect
at ninety (90) degree angles, if topography permits, but in no case shall the angle of intersection
be less than seventy-five (75) degrees for a minimum distance of sixty (60) feet as measured
along the centerline, from right-of-way line at the intersecting street.
Staff Response: This condition has been met. All streets in this phase intersect at right angles
and approved by Kalispell Public Works in a letter from Kalispell City Engineer Keith Haskins,
PE, dated 9/12/2017.
10. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with current City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards. The design shall be certified in writing by a professional engineer
licensed in the State of Montana. All design work shall be reviewed and approved in writing by
the Kalispell Public Works Department prior to construction. This infrastructure shall include
but not be limited to water main, sewer main, storm sewer facilities, streets, street lighting, street
signage, curb, gutter, boulevard and sidewalks.
Staff Response: This condition has been met. See approval letter from Kalispell Public Works
dated 9/12/2017. Additionally, the developer has entered into a Subdivision Improvement
Agreement with the City of Kalispell that can be used by the city as collateral to assure all
infrastructure required is installed to city standards for design and construction.
11. Water and sewer main extensions shall be designed and constructed in accordance with the City
of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The
water and sewer main extension plans shall be reviewed and approved by the Kalispell Public
Works Department. Prior to final plat, a certification stamped by a Professional Engineer shall
be submitted to the Public Works Department stating that the water and sewer mains have been
built as designed and approved.
Staff Response: This condition has been met. See approval letter from Kalispell Public Works
dated 9/12/2017. Additionally, the developer has entered into a Subdivision Improvement
Agreement with the City of Kalispell that can be used by the city as collateral to assure all
infrastructure required is installed to city standards for design and construction.
12. Private irrigation water mains shall be designed and placed within the ten (10) foot utility
easement adjacent to and outside of the public right-of-way.
Staff Response: This condition has been met. No private irrigation mains are being extended as
a part of this phase.
13. Prior to submitting a final plat application for each phase, the developer shall provide the Public
Works Department with an analysis of possible deficiencies created in the existing conveyance
system, from the respective phase to the treatment plant, by the addition of the phase. The
analysis and possible mitigation plan, once reviewed and approved by the Public Works
Department, shall be completed prior to final plat approval.
Staff Response: This condition has been met. See approval letter from Kalispell Public Works
dated 9/12/2017.
14. The developer shall submit to the Kalispell Public Works Department for review and approval a
stormwater report and an engineered drainage plan that meets the requirements of the current
City standards for design and construction. Prior to final plat, a certification shall be submitted
to the Public Works Department stating that the drainage plan for the subdivision has been
installed as designed and approved.
Staff Response: This condition has been met. See approval letter from Kalispell Public Works
dated 9/12/2017.
15. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Stormwater Discharge
Associated with Construction Activities.
Staff Response: This condition has been met. See approval letter from Kalispell Public Works
dated 9/12/2017.
16. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for
unfinished work.
Staff Response: This condition has been met. The developer has entered into a Subdivision
Improvement Agreement with the City of Kalispell that can be used by the city as collateral to
assure all infrastructure required is installed to city standards for design and construction.
17. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City specifications
at approved locations. Minimum fire flows shall be in accordance with International Fire
Code currently adopted by the City of Kalispell at the time of construction.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
currently adopted by the City of Kalispell.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
Staff Response: This condition has been met. See approval letter from Kalispell Public Works
dated 9/12/2017.
18. The developer shall submit to the Kalispell Public Works Department, for review and approval,
documentation that the proposed bedding, haunching, initial backfill and subbase backfill
materials for utility trenches, as required in the City of Kalispell Standards for Design and
Construction, meets the requirements for Class 1 Materials as defined in ASTM D 2321 and the
mitigation requirements (Section X1.8) of the same standard. The documentation shall be
certified by an engineer licensed in the State of Montana.
Staff Response: This condition has been met. See approval letter from Kalispell Public Works
dated 9/12/2017.
19. A 12-foot meandering berm shall be constructed within the buffer along Highway 93. The berm
shall be landscaped with the landscaping plan reviewed and approved by the Parks and
Recreation Department.
Staff Response: This condition is not applicable as no construction is occurring along US 93
with this phase.
20. A letter shall be submitted from an engineer licensed in the state of Montana approving the
reshaped slopes along the Stillwater River and adjacent drainage way for stability purposes in
accordance with CMG Engineering's slope stability assessment.
Staff Response: This condition is not applicable as no construction is occurring along the
Stillwater River with this phase.
21. A note shall be shown on the face of the final plat identifying those lots closest to the crest of the
reshaped slope mentioned in condition 20 and require a minimum 20 foot building setback from
the crest of the reshaped slope.
Staff Response: This condition is not applicable as no construction is occurring along the
Stillwater River with this phase.
22. The Silverbrook Estates covenants, conditions, restrictions and reservations shall be amended to
include the 9 recommendations from the Montana Department of Fish, Wildlife and Parks letter
to minimize the problems that future homeowners could have with wildlife, as well as helping
them protect themselves, their property, and the wildlife.
Staff Response: This condition has been met. The covenants were considered.
23. Phase 2B shall be amended to include a minimum one acre of open space. The open space shall
be located centrally in either block 29 or block 30. Prior to final plat approve the open space
location shall be approved by the Kalispell Site Review Committee.
Staff Response: This condition is not applicable as it refers to a different phase.
24. The one acre of open space shall be developed with the following:
• Irrigation
• Landscaping to consist of trees, grass and shrubs
• Pedestrian paths
• A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation Department for review and
approval and installed prior to final plat of phase 2B.
Staff Response: This condition is not applicable as it refers to a different phase.
25. Additional open space shall be provided either north or south of the one acre open space site
required in condition 19 to provide a linear greenbelt from the intersection of Swift Creek Way
and Diamond Peak Loop to Silvertip Trail. The open space shall be a minimum of 50 feet in
width and include a walking path to be constructed per standards approved by the Parks and
Recreation Department. The walking path shall be constructed prior to final plat approval.
Staff Response: This condition is not applicable as it refers to a different phase.
26. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape
plan for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision. The approved landscape plan shall be implemented or a cash in
lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks
and Recreation Department.
Staff Response: This condition has been met. See Kalispell Parks Department letter dated
7/11/2018.
27. The 2.19 acre area designated on the preliminary plat as open space in block 46 of phase 2D will
meet the parkland dedication requirements provided that it is developed to create a recreational
amenity within the subdivision. A letter from the Kalispell Parks and Recreation Department
shall be provided at the time of final plat that outlines the improvements and confirms those
improvements have been made.
Staff Response: This condition is not applicable as it refers to a different phase.
28. The approved pedestrian/bike path plan shall be installed as follows:
Paths within the open space along Highway 93 shall be installed prior to final plat approval
of phase 2A.
Paths within the open space along the Stillwater River, wetland and drainage shall be installed
prior to final plat approval of phase 2b of the subdivision.
All other remaining paths shall be installed prior to final plat approval of the respective phase
they are located in.
Staff Response: This condition is not applicable as it refers to a different phase.
29. The following note shall be placed on the final plat: "Property owner(s) are responsible for the
boulevard strip for the length of their property boundaries. Responsibilities include watering and
mowing of the grass within the boulevard. Removal of grass or trees within the boulevard and
placement of any other kind of materials is prohibited unless approved by the Kalispell
Department of Parks and Recreation."
Staff Response: This condition has been met per note on the face of the final plat.
30. The following note shall be placed on the final plat: "This subdivision is located in an agricultural
area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be
expected. As such, the right to farm on adjoining properties shall not be restricted as a result of
the development or occupancy of this subdivision."
Staff Response: This condition has been met per note on the face of the final plat.
31. The following note shall be placed on the final plat: `Be aware that an existing arena and race
track are located to the north of the subdivision. Noise generated by the arena and race track may
be heard from your property."
Staff Response: This condition has been met per note on the face of the final plat.
32. The rear property boundaries of lots 574-579 of Block 53 shall be amended to provide a
minimum distance of 170 feet from the bank of the Stillwater River to the rear property boundary.
Staff Response: This condition is not applicable as it refers to a different phase.
33. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409
of Block 34 shall be amended to provide for a minimum distance of 50-feet from the top of the
bank along the drainage to the rear property boundary. The contour line designating the top of
bank shall be determined by City staff and the developer's consultants.
Staff Response: This condition is not applicable as it refers to a different phase.
34. A 30-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater
River Hillside and its tributaries. This would include lots 574-579 of Block 53, lots 569-572 of
Block 53, lots 561-568 of Block 52 and lot 409 of Block 34.
Staff Response: This condition is not applicable as it refers to a different phase.
35. The roads within the subdivision shall be named and signed in accordance with the policies of
the Kalispell Public Works Department and the Manual of Uniform Traffic Control Devices and
be subject to review and approval prior to final platting of each respective phase. A letter shall
be obtained from the Kalispell Public Works Department stating the naming and addressing on
the final plat have been reviewed and approved.
Staff Response: This condition has been met. See approval letter from Kalispell Public Works
dated 9/12/2017.
36. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements
for City water and sewer shall be provided to allow for the logical extension of utilities from this
subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat.
Staff Response: This condition has been met. See approval letter from Kalispell Public Works
dated 9/12/2017.
37. Prior to filing the final plat a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site
and improvements shall also be included in the preliminary and final engineering plans to be
reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area. The mail delivery site shall provide ADA accessibility from the public
pedestrian facilities.
Staff Response: This condition has been met. See approval letter from Josh Schlecht, Kalispell
Postmaster and Kalispell Public Works dated 9/12/2017.
38. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
Staff Response: This condition has been met per note on face of the final plat.
39. That a minimum of two-thirds of the necessary infrastructure for each phase of this subdivision
shall be completed prior to final plat submittal. The minimum of two-thirds of the necessary
infrastructure shall include the extension of water and sewer mains from the city to the site and
necessary lift stations to transport effluent back to the city.
Staff Response: This condition has been met. Two-thirds of the necessary infrastructure for the
Silverbrook Development is in place. Additionally, the developer has entered into a Subdivision
Improvement Agreement with the City of Kalispell that can be used by the city as collateral to
assure all infrastructure required is installed to city standards for design and construction.
40. A 60 foot public road and utility right-of-way projecting along the Great Northern Trial alignment
to Tract I shall be dedicated to the City of Kalispell within Block 54 to provide road and utility
connections to the property immediately west. The dedication shall be done prior to final plat of
phase 2d. Final location of the right-of-way shall be approved by the Public Works Department.
Development of the right-of-way will be required by the developer of Tract 1D.
Staff Response: This condition is not applicable as it refers to a different phase.
41. The original design report prepared by Pioneer Technical Services indicated two wells would be
installed for the subdivision which were projected to provide the required fire flow of 1,500 gpm.
Due to the presence of Manganese in Well No. 1, Well No. 2 was the only public water supply
well installed to serve the Silverbrook subdivision. The completed Well No. 2 has a permitted
pumping rate of 250 gpm and lies approximately 2.5 miles north of any redundant supply lines.
Water modeling shall be completed to determine the water production and water right
improvements necessary to provide maximum daily demand for full build out of Phases 1 and 2.
Required improvements shall be completed at no cost to the City of Kalispell.
Staff Response: This condition has been met. See Kalispell Public Works dated 9/12/2017 and
Montana Department of Environmental Quality letter dated 9/22/2017.
42. All utilities shall be installed underground.
Staff Response: This condition is adequately addressed. The utilities will be installed
underground and inspected by the Public Works Construction Manager.
43. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition is adequately addressed. All disturbed areas will be re -vegetated
and inspected by the Public Works Construction Manager.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City subdivision regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the B-1 PUD zoning on the property.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately
addressed. It is recommended that the Kalispell City Council approve the final plat for Silverbrook
Estates Phase 2A-A. Please schedule this matter for the regular city council meeting on July 16, 2018.
Attachments: - Two mylars of final plat
- 11 x 17 copy of final plat and utility easements
- Application and applicant responses and final plat application dated 6/6/2018
- Stewart Title Guaranty Company Report 63742 dated 4/30/2018
- Montana Department of Environmental Quality Water Main Extension approval
dated 9/22/2017
- Flathead County tax certification dated 5/31/2018.
- Consent to plat letter dated 6/4/2018 from Glacier Bank
- Consent to Plat letter dated 6/3/2018 from Kirk's Tire
- Letter from Josh Schlecht, Postmaster
- Letter from Kalispell Public Works Department Keith Haskins dated 9/12/2017
- Letter from Kalispell Public Works Department Frank Castles dated 8/14/2007
- Letter from Kalispell Parks Department Chad Fincher dated 7/11/2018
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: W GM Group
Attn: Brett Walcheck, PE
431 1ST Ave. West
Kalispell, MT 59901
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PLANNING FOR THE FUTURE
MONTANA
FINAL PLAT APPLICATION
Project /Subdivision Name: Silverbrook Estates Phase 2A-A
Contact Person:
Name: Brett Walcheck, PE �ECE 1EU
Address: WGM Group 431 1 st Ave W, 'G�J 1 V
Kalispell, MT 59901
Phone No.:406-756-4848
Date of Preliminary Plat Approval:_ January 4, 2016
Planning Department
201 1st Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planniniz
Owner & Mailing Address:
Silvermont Properties, LLLP
315 Parkway Drive
Kalispell, MT 59901
Type of Subdivision: Residential Industrial Commercial PUD_X_Other
Total Number of Lots in Subdivision _2
Land in Project (acres) _4.48
Parkland (acres) 0.37 Cash -in -Lieu $ Exempt
No. of Lots by Type:
Single Family Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial 2 Industrial Planned Unit Development _
Condominium Multi -Family Other
Legal Description of the Property: ATRACT OF LAND BEING A PORTION OF TRACT 3 OF CERTIFICATE OF
SURVEY NO. 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST
QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA.
FILING FEE ATTACHED $1,100
Minor Subdivision with approved preliminary plat $400 + $125/lot
Major Subdivision with approved preliminary plat $800 + $125/lot
Subdivisions with Waiver of Preliminary Plat $800 + $125/lot
Subdivision Improvements Agreement $50
1
Attached Not Applicable (MUST CHECK ONE
Health Department Certification (Original)
✓
Title Report (Original, not more than 90 days old)
✓
Tax Certification (Property taxes must be paid)
V
Consent(s) to Plat (Originals and notarized)
Subdivision Improvements Agreement (Attach collateral)
Parkland Cash -in -Lieu (Check attached)
If Maintenance Agreement
✓
Plats: 2 mylars 1 11X17 Copy
1 full size copy 1 Electronic Copy
**The plat must be signed by all owners of record, the surveyor and the examining land surveyor.
Attach a letter, which lists each condition of preliminary plat approval, and individually state how
each condition has specifically been met. In cases where documentation is required, such as an
engineer's certification, State Department of Health certification, etc., original letters shall be
submitted. Blanket statements stating, for example, "all improvements are in place" are not
acceptable.
A complete final plat application must be submitted no less than 60 days prior to expiration date
of the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The
governing body must act within 30 days of receipt of the revised preliminary plat application and
staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing
body for approval. Changes to the approved preliminary plat may necessitate reconsideration by
the planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application
and may invalidate any approval. The signing of this application signifies approval for Kalispell
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
**NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
Owne< Sign re Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
2
4 WMAWGMGROUP
.Iry VaiL.Aes in 5p,r-1 Futures
June 6, 2018
Tom Jentz, Director
Kalispell Planning Department
201 15t Avenue East
Kalispell, MT 59901
Re: Final Plat Approval for Silverbrook Estates Phase 2A-A
Dear Tom:
As engineer of record for Silverbrook Estates Phase 2A-A, I hereby certify that all of the
conditions stated in Resolution No. 5749 have been addressed to the best of my
knowledge. Enclosed is the Final Plat application for Silverbrook Estates Phase 2A-A.
Preliminary plat approval was granted in January 2016. The conditions of approval have
been met as follows:
1. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. Note:
Implementing the conditions of approval may reduce the number of lots shown on the
approved preliminary plat. The development of the site is in substantial compliance
with the application submitted as approved by the city council. The original site plan
for Silverbrook Estates Phase 2, as shown on the preliminary plat, has been modified
with the approval of the City of Kalispell Planning Department.
2, The total square footage of the footprint for all buildings on the 13 commercial lots in
phase 2A shall not exceed 120,000 square feet. The largest building shall not exceed
25,000 square feet. There are no buildings constructed at this time. This condition will
be met per requirements given in the attached documents: Resolution 5806 Amending
the Preliminary Plat of Silverbrook Estates Subdivision, Phase 2, and Ordinance 1785
Amending the PUD.
3. The preliminary plat approval for phase 2 shall be valid for a period of three years from
the date of approval. The final plat for block 24 and 25 is being submitted to the City of
Kalispell 60 days before the expiration of the preliminary plat, which expires in January
of 2019.
4, Prior to final plat approval of phase 2B the townhouse lots shall be renumbered with
the A&B designations added to each lot (i.e. 305A and 3059) to further clarify the lots
as townhouse lots. Not applicable. This project consists of the development of phase
2A-A.
431 1"Avenue West, Kalispell, MT 59901 1 OFFICE 406,756.4848 1 EMAIL wgm@wgmgroup.com
Kalispell Planning Department
6/6/18
Page 3 of 9
main, storm sewer facilities, streets, street lighting, street signage, curb, gutter,
boulevard and sidewalks. A portion of the proposed infrastructure was designed,
constructed and approved previously by the City of Kalispell and MDEQ per the
attached letters dated August 14, 2007. The remaining infrastructure, designed by
WGM Group, has been designed in accordance with the City of Kalispell's Standards for
Design and Construction, reviewed and approved by the City of Kalispell Public Works
Department on September 12, 2017 (see attached letter).
11. Water and sewer main extensions shall be designed and constructed in accordance
with the City of Kalispell's Standards for Design and Construction and Montana Public
Works Standards. The water and sewer main extension plans shall be reviewed and
approved by the Kalispell Public Works Department. Prior to final plat, a certification
stamped by a Professional Engineer shall be submitted to the Public Works
Department stating that the water and sewer mains have been built as designed and
approved. Water and sewer main extension for the lots within this Plat were designed
and constructed by others. See attached City of Kalispell and DEQ letters dates
August 14, 2007. The remaining infrastructure, designed by WGM Group, has been
designed in accordance with the City of Kalispell's Standards for Design and
Construction, reviewed and approved by the City of Kalispell Public Works Department
on September 12, 2017 (see attached letter).
12. Private irrigation water mains shall be designed and placed within the ten (10) foot
utility easement adjacent to and outside of the public right-of-way. No private
irrigation mains are being extended as a part of this project.
13. Prior to submitting a final plat application for each phase, the developer shall provide
the Public Works Department with an analysis of possible deficiencies created in the
existing conveyance system, from the respective phase to the treatment plant, by the
addition of the phase. The analysis and possible mitigation plan, once reviewed and
approved by the Public Works Department, shall be completed prior to final plat
approval. See attached approval letter from City of Kalispell Public Works dated
September 12, 2017,
14. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the
requirements of the current City standards for design and construction. Prior to final
plat, a certification shall be submitted to the Public Works Department stating that the
drainage plan for the subdivision has been installed as designed and approved. A
drainage plan was previously submitted and approved by the City of Kalispell per the
attached letter dated September 12, 2017,
Kalispeil Planning Department
6/6/18
Page 5 of 9
20.A letter shall be submitted from an engineer licensed in the state of Montana approving
the reshaped slopes along the Stillwater River and adjacent drainage way for stability
purposes in accordance with CMG Engineering's slope stability assessment. Not
applicable. No construction is proposed along the Stillwater River,
21. A note shall be shown on the face of the final plat identifying those lots closest to the
crest of the reshaped slope mentioned in condition 20 and require a minimum 20-foot
building setback from the crest of the reshaped slope. Not applicable; outside of the
geographic scope of this final plat application.
22. The Silverbrook Estates covenants, conditions, restrictions and reservations should
consider the 9 recommendations from the Montana Department of Fish, Wildlife and
Parks letter to minimize the problems that future homeowners could have with wildlife,
as well as helping them protect themselves, their property, and the wildlife. The
proposed recommendations have been taken under consideration.
23. Phase 2B shall be amended to include a minimum one acre of open space. The open
space shall be located centrally in either block 29 or block 30. Prior to final plat
approve the open space location shall be approved by the Kalispell Site Review
Committee. Not applicable; outside of the geographic scope of this final plat
application.
24.The one acre of open space shall be developed with the following;
• Irrigation
• Landscaping to consist of trees, grass and shrubs
• Pedestrian paths
• A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation Department
for review and approval and installed prior to final plat of phase 2B. This condition
is not applicable to this portion of the development.
25, Additional open space shall be provided either north or south of the one -acre open
space site required in condition 19 to provide a linear greenbelt from the intersection of
Swift Creek Way and Diamond Peak Loop to Silvertip Trail. The open space shall be a
minimum of 50 feet in width and include a walking path to be constructed per
standards approved by the Parks and Recreation Department. The walking path shall
be constructed prior to final plat approval. Not applicable. This proposed final plat
does not include the streets referenced in this condition.
26. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the
Kalispell Planning Department
6/6/18
Page 7 of 9
32. The rear property boundaries of lots 574-579 of Block 53 shall be amended to provide
a minimum distance of 170 feet from the bank of the Stillwater River to the rear
property boundary. Not applicable. This project only includes Phase 2A-A,
33. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52 and
lot 409 of Block 34 shall be amended to provide for a minimum distance of 50-feet
from the top of the bank along the drainage to the rear property boundary. The
contour line designating the top of bank shall be determined by City staff and the
developer's consultants. Not applicable. This project only includes Phase 2A-A.
34.A 30-foot rear yard setback shall be required for all structures on lots adjacent to the
Stillwater River Hillside and its tributaries. This would include lots 574-579 of Block 53,
lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34. Not
applicable. This project only includes Phase 2A-A.
35. The roads within the subdivision shall be named and signed in accordance with the
policies of the Kalispell Public Works Department and the Manual of Uniform Traffic
Control Devices and be subject to review and approval prior to final platting of each
respective phase. A letter shall be obtained from the Kalispell Public Works
Department stating the naming and addressing on the final plat have been reviewed
and approved. All roads have been named. Installation of signs are included within the
attached Subdivision Improvements Agreement.
36.All existing and proposed easements shall be indicated on the face of the final plat.
Utility easements for City water and sewer shall be provided to allow for the logical
extension of utilities from this subdivision to adjoining properties. A letter from the
Kalispell Public Works Department shall be obtained stating that the required
easements are being shown on the final plat. Easements have been provided for all
utilities, are shown on the Final Plat, and noted in the Title Commitment attached.
These have been approved by the City of Kalispell.
37. Prior to filing the final plat a letter from the US Postal Service shall be included stating
the Service has reviewed and approved of the design and location of the mail delivery
site. The mail delivery site shall be installed or bonded for prior to final plat. In addition,
the mail delivery site and improvements shall also be included in the preliminary and
final engineering plans to be reviewed by the Public Works Department. The mail
delivery site shall not impact a sidewalk or proposed boulevard area. The mail delivery
site shall provide ADA accessibility from the public pedestrian facilities. Per
discussions with Josh Schlecht, Postmaster, there is adequate room at the current
Silverbrook mail cluster to accommodate mail delivery for Phase 2A-A. See attached
letter.
Kalispell Planning Department
6/6/18
Page 9 of 9
Also submitted;
• Final Plat application and fee
• Final Plat - full size copy
• Final Plat - 11x17
• Final Plat - (2) mylars
• Title Report
• Tax Certification
• Consent to plat (2)
• Subdivision improvements Agreement (with collateral)
• Maintenance Agreement
• Agreement from the Homeowners Association
• Certification from Montana Department of Environmental Quality
• Certification by the subdivider
• Approval of plans by the City of Kalispell
• Digital file containing the final plat
Sincerely,
WGM Group, Inc.
Brett Walcheck, P.E., P. Eng.
Principal Engineer
BW;bs
Attachments
Stewart title
ALTA COMMITMENT FOR TITLE INSURANCE
ISSUED BY
STEWART TITLE GUARANTY COMPANY
STEWART TITLE GUARANTY COMPANY, a Texas Corporation ("Company"), for a valuable consideration, commits to issue its policy
or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in Schedule A, as owner or mortgagee
of the estate or interest in the land described or referred to in Schedule A, upon payment of the premiums and charges and compliance
with the Requirements; all subject to the provisions of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or policies committed
for have been inserted in Schedule A by the Company.
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or when the policy or
policies committed for shall issue, whichever first occurs, provided that the failure to issue the policy or policies is not the fault of the
Company.
The Company will provide a sample of the policy form upon request.
This Commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory.
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed by its duly authorized
officers on the date shown in Schedule A.
Countersigned by:
GUA
�AuduaLkd cuun� .t;, �— a G1908� Matt Morris
a President and CEO
Sterling Title Services - Kalispell Branch
(Main) "**
211 South Main Street
Kalispell, MT 59901
(406) 752-7000 Denise C rraux
Prepared By: Tracy Martin Secretary
For purposes of this form the "Stewart Title" logo featured above is the represented logo for the underwriter, Stewart Title Guaranty Company,
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standin as of the date of use. nn+En,uN
9 9 ix�u tali
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No.
004-UN ALTA ALTA Commitment 6-17-06
Page 1 of 2
CONDITIONS
1, The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument
2. If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or other matter
affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof,
and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or
damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such
knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual
knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously
incurred pursuant to paragraph 3 of these Conditions.
3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under
the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in
undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c)
to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability
exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring
provisions and Conditions and the Exclusions from Coverage of the form of policy or policies committed for in favor of the
proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly
modified herein.
This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a report of the
condition of title. Any action or actions or rights of action that the proposed Insured may have or may bring against the
Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this
Commitment must be based on and are subject to the provisions of this Commitment.
The policy to be issued contains an arbitration clause. All arbitrable matters when the Amount of Insurance is
$2, 000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the
parties. You may review a copy of the arbitration rules ate htto://www.atta.gL@Z5.
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be addressed to
it at P.O. Box 2029, Houston, Texas 77252.
Copyright 2006-2009 American Land Title Association. All rights reserved.
d S51 N.f\v
The use of this Form is restricted to ALTA licensees and ALTA members in gaud standing as of the date of use.
All other uses are prohibited. Reprinted under license from the American Land Title Association,
File No. 63742
004-UN ALTA Commitment 6-17-06.
Page 2 of 2
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
File No. 63742
1. Effective Date: April 30, 2018 at 8:00 A.M.
2. Policy or Policies To Be Issued:
(a) A. L.T.A. Owner's 2006 (Standard)
(b) A.L.TA. Loan
Proposed Insured:
2006 (Standard)
Amount
Premium
Amount
Premium
Amended 1
Amount of Insurance
Developer Rate
(underwriters percentage of the above fee is 14%)
(underwriters percentage of the above fee is 14%)
3. The estate or interest in the land described or referred to in this Commitment and covered herein is:
Fee Simple
4. Title to the said estate or interest in said land is at the effective date hereof vested in:
Silvermont Properties, LLLP
5. The land referred to in this Commitment is described as follows:
SEE EXHIBIT "A" ATTACHED HERETO
For information purposes only, the property address is purported to be:
NHN Highway 93 North, Kalispell, MT 59901
Copyright 2006-2009 American Land Title Association. Afl rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
Al[ other uses are prohibited. Reprinted under license from the Amencan Land T-tle Association. ' r ••"
File No. 63742 Page 1 of 2 STEWART TITLE
STG MT ALTA Commitment Sch A TS1 GUARANTY COMPANY
EXHIBIT A
LEGAL DESCRIPTION
Tract 3 of Certificate of Survey No. 15896, a tract of land in the North Half of the Northeast Quarter (N'/NE'/4) and in the
Northeast Quarter of the Northwest Quarter (NE'/4NM) of Section 13, Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana,
LESS AND EXCEPTING THEREFROM that portion conveyed to the Montana Department of Transportation for highway
purposes in Bargain and Sale Deed recorded April 5, 2006 as Document #200609515020, records of Flathead County,
Montana.
LESS AND EXCEPTING THEREFROM that portion conveyed to the Montana Department of Transportation for highway
purposes in Bargain and Sale Deed recorded May 23, 2006 as Document #200614314550, records of Flathead County,
Montana.
LESS AND EXCEPTING THEREFROM that portion conveyed to the Montana Department of Transportation for highway
purposes in Bargain and Sale Deed recorded June 12, 2008 as Document #200800016310, records of Flathead County,
Montana.
LESS AND EXCEPTING THEREFROM that portion of Silverbrook Estates, Phase 1 and Silverbrooks Estates, Phase 1A,
records of Flathead County, Montana.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date et use. •� ••
All ether uses are prohibited. Reprinted under license from the American Land Title Association, r r
File No. 63742 Page 2 of 2 STEWART TITLE
STG MT ALTA Commitment Sch A TS1 GUARANTY COMPANYr'
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART I
File No.: 63742Amended 1
The following are the requirements to be complied with:
1. Pay the agreed amount for the interest in the land and/or the mortgage to be insured.
2. Pay us the premiums, fees and charges for the policy.
3. Documents satisfactory to us creating the interest in the land and/or the mortgage to be insured must be signed,
delivered and recorded.
4. You must tell us in writing the name of anyone not referred to in this Commitment who will get an interest in the
land or who will make a loan on the land. We may then make additional requirement or exceptions.
5. When the proposed insured seeks ALTA extended coverage, we will require borrowers and/or sellers to execute
an Indemnity and Affidavit as to debts, liens, and possession.
6. Satisfaction or release filed of record to release all Judgments, Liens, Mortgages, and Trust Indentures, if any,
unless the proposed insured desires to assume or subordinate to said obligations.
7. If ALTA extended coverage is requested and/or if Stewart Title at its discretion feels a physical inspection of the
property is necessary then an inspection will be performed. Any matters found by our inspection requiring
disclosure to the parties involved in this transaction, will be shown in a supplemental report. Stewart Title has the
right to add to the supplemental report additional exceptions to coverage, as it deems necessary.
8. Company requires Seller and Buyer to fully comply with the provisions of the Realty Transfer Act (M.C.A. 15-7-301
et. al.), which includes the requirement that Seller and Buyer fully complete a Realty Transfer Certificate which will
be presented at closing. If either party fails to fully comply with the Realty Transfer Act, Company will add the
following exception in the final title policy:
Any state or county taxing, assessing, or recording authority's failure to acknowledge the transfer to the Insured of
the land described in Schedule A, pursuant to the Realty Transfer Act, as set forth in M.C.A. 15-7-301 et. al.
9. Sterling Title Services, Inc. will require a copy of the partnership agreement, and any amendments showing the
power and authority of the party or parties who plan to execute the forthcoming conveyance or mortgage on behalf
of said Silvermont Properties, LLI_P.
10. Sterling Title Services, Inc. will require a copy of the articles of organization, operating agreement and resolutions,
and any amendments showing the power and authority of the party or parties who plan to execute the forthcoming
conveyance or mortgage on behalf of said Kalispell Housing Group, LLC.
11. Sterling Title Services, Inc. will require a subdivision plat be filed with the county Clerk and Recorder.
12. The policy liability contemplated by this transaction exceeds our local limit. Underwriter approval must be
obtained from the Home Office of Regional Office prior to closing. Please contact the title officer in advance of the
closing date to discuss the specifics of the proposed transaction, including identity of proposed insureds,
endorsement requirements, and exceptions which are to be eliminated.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 63742 Page 1 of 1 STEWART TITLE .., .,
STG MT ALTA Commitment Sch B I GUARANTY COMPANY �` ,'
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
File No. 63742
Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are
disposed of to the satisfaction of the Company:
1. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the Effective Date but prior to the date the proposed Insured acquires for value
of record the estate or interest or mortgage thereon covered by this Commitment.
2, Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies
taxes or assessments on real property or by the Public Records. Proceedings by a public agency, which may
result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such
agency or by Public Record. No liability is assumed for errors, omissions or changes of assessed valuations or
amount of taxes assessed by any state, county, city or federal taxing or assessing authority.
3. Any facts, rights, interest or claims which are not shown by the Public Records but which could be ascertained by
an inspection of the Land or by making inquiry of persons in possession thereof.
4. Easements, liens or encumbrances, or claims thereof, which are not shown by the Public Records.
5. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land and not shown by the Public Records.
6. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof-
(c) water rights, claims or title to water; ditch rights; (d) minerals of whatsoever kind, subsurface and surface
substances, including but not limited to coal, lignite, oil, gas, uranium, clay, rock, sand and gravel and other
hydrocarbons in, on, under and that may be produced from the Land, together with all rights, privileges, and
immunities related thereto, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the Public
Records. The Company makes no representation as to the present ownership of any such interests. There may
be leases, grants, exceptions or reservations of interests that are not listed.
7. Any lien or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not
shown by the Public Records.
8. Any service, installation or connection charge for any and all utilities, including, but not limited to sewer, gas, water
or electricity.
9. County road rights -of -way, not recorded and indexed as a conveyance of record in the office of the Clerk and
Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the
County of Flathead to use and occupy those certain roads and trails.
10. Real estate taxes or special assessments for the year(s) 2018, that are not yet due or payable.
11. For informational purposes only, do not rely upon for a tax payment. Flathead County records indicate the taxes
for the year 2017 are:
FIRST HALF: $2,096.89 PAID
SECOND HALF: $2,096.87 NOT PAID <1
TOTAL: $4,193.76
Assessor No.: 44-0012146
Tax Roll No.: 31750
12. Delinquent water and sewer charges of the City of Kalispell, if any.
Copyright 2006.2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use. +'-" '+•
All other uses are prohibited, Reprinted under license from the American Land Title Association
File No. 63742 Page 1 of4 STEWART TITLE
STG MT ALTA Commitment 5ch B 11 GUARANTY COMPANY -fr.
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
13. Easement for the construction of State Highway granted to the State of Montana, recorded September 26, 1932
as Document #2645, in Book 211, page 166, records of Flathead County, Montana.
14. Easement for the construction of State Highway granted to the State of Montana, recorded February 7, 1933 as
Document #263, in Book 211, page 283, records of Flathead County, Montana.
15. Easement for transmission line and related purposes granted to Mountain States Power Company, by instrument
recorded May 30, 1952 as Document #1532, in Book 317, page 584, records of Flathead County, Montana,
16. Designation of Limited Access Highway by the State of Montana Highway Commission recorded December 7,
1989 as Document #8934009150, records of Flathead County, Montana.
17. Resolution No. 837-A creating the Highway 93 North Zoning District by the Flathead County Commissioners
recorded April 27, 1992 as Document #9211812020, records of Flathead County, Montana.
18. Terms and provisions for private approach and access control contained in Bargain and Sale Deed, recorded July
21, 1992 as Document #9220311260, records of Flathead County, Montana.
19. Easement for transmission line and related purposes granted Flathead Power Company, by instrument recorded
May 22, 2002 as Document #200214208300, records of Flathead County, Montana.
20, All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by
reason thereof, disclosed by Certificate of Survey No. 15896, Corrected Certificate of Survey No. 15896 and
Certificate of Survey_. No. 18842, but deleting any covenant, conditions or restriction indicating a preference,
limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the
extent such covenants, conditions or restrictions violate 42 USC 3604(c).
21. Terms and provisions contained in Deed recorded September 20, 2005 as Document #200526315040, records of
Flathead County, Montana.
22. Terms and provisions contained in Deed recorded November 11, 2005 as Document #200532016340, records of
Flathead County, Montana.
23. Easement for transmission line and related purposes granted Flathead Power Company, by instrument recorded
March 2, 2006 as Document #200606108180, records of Flathead County, Montana.
24. Terms and provisions granted to the State of Montana in Bargain and Sale Deed, recorded April 5, 2006 as
Document #200609515020, records of Flathead County, Montana.
25. Terms and provisions granted to the State of Montana in Bargain and Sale Deed, recorded May 23, 2006 as
Document #200614314560, records of Flathead County, Montana.
26. Resolution No. 5129B creating the Highway 93 North Growth Policy Amendment by the City of Kalispell, recorded
August 11, 2006 as Document #200622308320, records of Flathead County, Montana.
27. Resolution No. 5168 for annexation to the city by the City of Kalispell, recorded December 18, 2006 as Document
#200635215450, records of Flathead County, Montana.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Fbrm is restricted la ALTA licensees and ALTA members in good standing as of the date of use.
Ali other uses are prohibited. Reprinted under license from the American Land Title Association.
File No. 63742 Page 2 of 4 STEWART TITLE
STG MT ALTA Commitment Sch B 11 GUARANTY COMPANY '
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
28. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or
charges as provided therein, but omitting covenants or restrictions, if any, based upon race, color, religion, sex,
sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income,
as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by
applicable law, recorded March 5, 2008 as Document #200800006090, records of Flathead County, Montana, and
any amendments thereto, including but not limited to the following amendments: None
29. Declaration of Conditions, Covenants, and Restrictions and any rights, provisions, powers, obligations, liens or
charges as provided therein, but omitting covenants or restrictions, if any, based upon race, color, religion, sex,
sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, or source of income,
as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by
applicable law, recorded March 26, 2008 as Document #200800008099, records of Flathead County, Montana,
and any amendments thereto, including but not limited to the following amendments:
First Amendment and Restatement of Declaration of Conditions, Covenants, and Restrictions and Reservations for
Silverbrook Estates, recorded January 28, 2010 as Document #201000002264. records of Flathead County,
Montana.
Second Amendment and Restatement of Declaration of Conditions, Covenants, and Restrictions and Reservations
for Silverbrook Estates, recorded January 21, 2011 as Document #201100001589, records of Flathead County,
Montana.
Third Amendment and Restatement of Declaration of Conditions, Covenants, and Restrictions and Reservations
for Silverbrook Estates, recorded January 12, 2015 as Document #201500000659, records of Flathead County,
Montana,
Fourth Amendment and Restatement of Declaration of Conditions, Covenants, and Restrictions and Reservations
for Silverbrook Estates, recorded May 10, 2015 as Document #201500009666, records of Flathead County,
Montana.
Assignment of Declarant Right to Silvermont Properties, LLLP, recorded October 8, 2015 as Document
#201500023732, records of Flathead County, Montana.
Fifth Amendment and Restatement of Declaration of Conditions, Covenants, and Restrictions and Reservations for
Silverbrook Estates, recorded January 18, 2017 as Document #201700001126, records of Flathead County,
Montana.
30. Terms and provisions of Planned Unit Development Agreement Silverbrook Estates Subdivision, recorded April 29,
2008 as Document #200800011582, records of Flathead County, Montana.
31. Ordiance No. 1597 regarding zoning by the City of Kalispell, recorded April 20, 2009 as Document 200900009936,
records of Flathead County, Montana.
32. Terms and provisions of Latecomers Agreement for Reimbursement for Municipal Water and Sewer Extensions,
recorded April 29, 2009 as Document #200900011958, records of Flathead County, Montana.
Assignment of Latecomers Agreement to Silvermont Properties, LLLP, recorded October 8, 2015 as Document
#201500023733, records of Flathead County, Montana.
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use, +�+
All other uses are prohibited. Reprinted under license from the American Land Title Association.
File No, 63742 Page 3 of STEWART TITLE
5TG MTALTA Commitment Sch 8 11 GUARANTY COMPANY
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
PART II
33. Mortgage dated September 30, 2015, to secure payment of $5,000,000.00, together with interest and any other
obligations secured thereby, recorded October 8, 2015 as Document #201500023729, records of Flathead County,
Montana.
Mortgagor: Silvermont Properties, LLLP
Mortgagee: Glacier Bank
Affects: Premises and Other Property
34. Mortgage dated September 30, 2015, to secure payment of $2,000,000.00, together with interest and any other
obligations secured thereby, recorded October 8, 2015 as Document #201500023730, records of Flathead County,
Montana.
Mortgagor: Silvermont Properties, LLLP
Mortgagee: Kirk's Tire [Lethbridge] Ltd.
Affects: Premises and Other Property
Subordination Agreement recorded June 16, 2016 as Document #201600011700, subordinating this Mortgage to
the Mortgage recorded June 16, 2016 Document #201600011669, records of Flathead County, Montana.
35. Financing Statement recorded October 8, 2015 as Document #201500023731, records of Flathead County,
Montana,
Debtor: Silvermont Properties, LLLP
Secured Party: Kirk's Tire [Lethbridge] Ltd.
Affects: Premises and Other Property
Subordination Agreement recorded June 16, 2016 as Document #201600011701, subordinating this Financing
Statement to the Mortgage recorded June 16, 2016 Document #201600011669, records of Flathead County,
Montana.
36. Mortgage dated June 6, 2016, to secure payment of $650,000.00, together with interest and any other obligations
secured thereby, recorded June 16, 2016 as Document #201600011699, records of Flathead County, Montana.
Mortgagor: Silvermont Properties, LLLP
Mortgagee: Glacier Hank
Affects: Premises and Other Property
37. Ordinance No. 1785 adopting an Amendment to the Silverbrook Estates Planned Unit Development by the City of
Kalispell, recorded March 24, 2017 as Document #201700006020, records of Flathead County, Montana,
38. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by
reason thereof, disclosed by the proposed plat(s) of Silverbrook Phase 2A-A, Block 25, but deleting any covenant,
conditions or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex,
handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC
3604(c).
Copyright 2006-2009 American Land Title Association. All rights reserved.
The use of this Form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited. Repented under license from the Amencan Land Title Association.
File No. 63742 Page 4 of 4 STEWART TITLE
STG MT ALTA Commitment Sch 8 11 GUARANTY COMPANY '
STG Privacy Notice
Stewart Title Companies
WHAT DO THE STEWART TITLE COMPANIES DO WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of the Stewart Title Guaranty
Company and its title affiliates (the Stewart Title Companies), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA).
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as the Stewart Title Companies, need to share customers' personal information to run their everyday
business —to process transactions and maintain customer accounts. In the section below, we list the reasons that we can share
customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate. [VVe do not control
their subsequent use of information, and suggest you refer to their privacy notices.]
SHARING PRACTICES
Contact us: If you have any questions about this privacy notice, please contact us at. Stewart Title Guaranty Company,
1980 Post Oak Blvd., Privacy Officer, Houston, Texas 77056 1
Revised 11-19-2013
File No.: 63742 Page
Reasons we can share your personal information. Do we share Can
you limit this sharing?
For our everyday business purposes— to process your
transactions and maintain your account. This may include running the
business and managing customer accounts, such as processing
Yes
N❑
transactions, mailing, and auditing services, and responding to cou
How often do the Stewart Title Companies notify me
We must notify you about our sharing practices when you request a
about their practices?
transaction.
How do the Stewart Title Companies protect my
To protect your personal information from unauthorized access and use, we
personal information?
use security measures that comply with federal law. These measures
include computer, file, and building safeguards,
How do the Stewart Title Companies collect my
We collect your personal information, for example, when you
personal information?
request insurance -related services
■ provide such information to us
We also collect your personal information from others, such as the real
estate agent or lender involved in your transaction, credit reporting agencies,
affiliates or other companies.
What sharing can I limit?
Although federal and state law give you the right to limit sharing (e.g., opt cut)
in certain instances, we do not share your personal information in those
instances.
STG Privacy Notice 2 (Rev 01126109) Independent Agencies and Unaffiliated Escrow Agents
WHAT DO/DOES THE Sterling Title Services - Kalispell Branch (Main) DO
WITH YOUR PERSONAL INFORMATION?
Federal and applicable state law and regulations give consumers the right to limit some but not all sharing. Federal and applicable
state law regulations also require us to tell you how we collect, share, and protect your personal information. Please read this notice
carefully to understand how we use your personal information. This privacy notice is distributed on behalf of Sterling Title Services -
Kalispell Branch (Main), and its affiliates (" NIA "), pursuant to Title V of the Gramm -Leach -Bliley Act (GLBA),
The types of personal information we collect and share depend on the product or service that you have sought through us. This
information can include social security numbers and driver's license number.
All financial companies, such as Sterling Title Services - Kalispell Branch (Main), need to share customers' personal information to
run their everyday business —to process transactions and maintain customer accounts. In the section below, we list the reasons that
we can share customers' personal information; the reasons that we choose to share; and whether you can limit this sharing.
Reasons we can share your personal information
Do we share?
Can you limit this sharing?
For our everyday business purposes— to process your transactions and
maintain your account. This may include running the business and managing
Yes
No
customer accounts, such as processing transactions, mailing, and auditing services,
and responding to court orders and legal investigations.
For our marketing purposes— to offer our products and services to you.
Yes
No
For joint marketing with other financial companies
No
We don't share
For our affiliates' everyday business purposes— information about your
transactions and experiences. Affiliates are companies related by common
ownership or control. They can be financial and non -financial companies.
Yes
No
For our affiliates' everyday business purposes— information about your
N o
We don't share
creditworthiness.
For our affiliates to market to you
Yes
No
For non -affiliates to market to you. Non -affiliates are companies not related by
No
We don't share
common ownership or control. They can be financial and non -financial companies.
We may disclose your personal information to our affiliates or to non -affiliates as permitted by law. If you request a transaction with a
non -affiliate, such as a third party insurance company, we will disclose your personal information to that non -affiliate, [We do not
control their subsequent use of information, and suggest you refer to their privacy notices.]
Sharing practices
How often doldoes Sterling Title Services -
We must notify you about our sharing practices when you request a transaction.
Kalispell Branch (Main) notify me about their
practices?
How doldoes Sterling Title Services -
To protect your personal information from unauthorized access and use, we use
Kalispell Branch (Main) protect my personal
security measures that comply with federal and state law, These measures
information?
include computer, file, and building safeguards.
How doldoes Sterling Title Services -
We collect your personal information, for example, when you
Kalispell Branch (Main) collect my personal
information?
a request insurance -related services
e provide such information to us
We also collect your personal information from others, such as the real estate
agent or lender involved in your transaction, credit reporting agencies, affiliates
or other companies.
What sharing can I limit?
Although federal and state law give you the right to limit sharing (e.g., opt cut) in
certain instances, we do not share your personal information in those instances.
Contact US If you have any questions about this privacy notice, please contact us at: Sterling Title Services - Kalispell
Branch (Main), 211 South Main Street, Kalispell, MT 59901
File No.: 63742 Page 1 of 1
Consent to Platting and Dedication.
Pursuant to 76-3-612, M.C.A, the undersigned (Financial Institution or other
lienholder), Mortgagee under that certain Mortgage identified as follows:
Date:
Mortgagor;
Document Number,
W Y, .
Signature and Title
_9/30/15 & 6/6/16
_Glacier Bank
_201SO0023729 & 201600011699
Printed Name and Date
Does hereby join in and consent to the platting of the following described
lands located in Flathead County, Montana, which lands are subject to the lien
of the above referenced Mortgagee:
A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 15896, ON
FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST
QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN,
MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATA 5/8 INCH IRON REBAR FOUND ATTHE SOUTHWEST CORNER OF TRACT 2 OF
SAID CERTIFICATE OF SURVEY NO. 12497; THENCE S00°20'40"E, 70.00 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF CHURCH ROAD (70.00 FEET WIDE); THENCE N89°20'49"E ALONG SAID
SOUTH RIGHT-OF-WAY LINE, 69.72 FEETTO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE N89'20'49"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 585.10 FEET;
THENCE S00'13'46"E, 150.62 FEET; THENCE N89°46'14"E, 54.00 FEET; THENCE SOO°13'46"E,
149.00 FEET; THENCE S89°46'14"W, 254.00 FEET; THENCE S00°13'46"E, 30.00 FEET; THENCE
S89'46'14"W, 345.60 FEET; THENCE N78°18'24"W, 63.55 FEET; THENCE N14°46`51"E, 60.22
FEET; THENCE N01'22'16"E, 254,10 FEET TO THE POINT OF BEGINNING; CONTAINING 4.48
ACRES, MORE OR LESS
State of Montana
County of Flathead
This instrument was signed and sword tD bef=ng
on, � , 20I _Z by_jg iI
(Name of Signer]
Consent to Platting and Dedication:
Pursuant to 76-3-612, M.C.A, the undersigned (Financial Institution or other
lienholder), Mortgagee under that certain Mortgage identified as follows:
Date: _9/30/15
Mortgagor: _Kirk'sTire (Lethbridge), Ltd.
Document e _201500023730
Signa r6 an itle Printed Name and Date
es hereby ' n in and consent to the platting of the following described
I dsAo ed in Flathead County, Montana, which lands are subject to the lien
of the above referenced Mortgagee:
A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 15896, ON
FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHEAST
QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN,
MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A 5/8 INCH IRON REBAR FOUND AT THE SOUTHWEST CORNER OF TRACT 2 OF
SAID CERTIFICATE OF SURVEY NO. 12497; THENCE S00°20'40"E, 70,00 FEET TO THE SOUTH
RIGHT-OF-WAY LINE OF CHURCH ROAD (70.00 FEET WIDE); THENCE N89°20'49"E ALONG SAID
SOUTH RIGHT-OF-WAY LINE, 69.72 FEET TO THE TRUE POINT OF BEGINNING OF THIS
DESCRIPTION; THENCE N89°20'49"E ALONG SAID SOUTH RIGHT-OF-WAY LINE, 585.10 FEET;
THENCE 500°1346"E, 150.62 FEET; THENCE N89°46'14"E, 54.00 FEET; THENCE 500°13'46"E,
149,00 FEET; THENCE 589`46'14"W, 254.00 FEET; THENCE S00913'46"E, 30.00 FEET; THENCE
589°46'14"W, 345.60 FEET; THENCE N78°18'24"W, 63.55 FEET; THENCE N14°46'51"E, 60.22
FEET; THENCE N01022'16"E, 254.10 FEETTO THE POINT OF BEGINNING; CONTAINING 4.48
ACRES, MORE OR LESS
tc
Plat Room
Flathead County, Manta
800 S. Main St.
Kalispell, MT 59901
(406) 758-5510
This Form is for Subdivisions Only
BY: WGM Group
FOR : Silvermont Properties LLLP DATE: 5/30/2018
DESCP : Silverbrook Est Ph 2A-A PURPOSE: Plat
(on Tr 1 in 13-29-22)
YEARS ASSESSOR #
2014 thru 2017
0012146
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
o�,oun�rYr9
puty Treasurer U U
(seal) MAY 3 12018
September 12, 2017
Mr. Mike Brodie, PE
WGM Group
431 1"Ave West
Kalispell, MT 59901
RE: Silverbrook Estates Phase 2A, BLK 25 — Plan Review
Dear Mr. Brodie,
The revised construction drawings received August 23, 2017 are hereby approved contingent
upon the following items:
1. As -Construction drawings shall be provided to meet the standards of the City of
Kalispell, Standard 3.1.7.E. Utility systems shall be shown in NAVD 88 and Montana
State Plane International Feet.
2. A deviation of Montana DEQ Circular 8.8.3.b. must be provided for the crossings of
existing sanitary sewer in Diamond Peak.
3. The seed mix used for the proposed infiltration pond shall meet those as specified for
infiltration or detention ponds listed in Appendix F of the City of Kalispell Standards for
Design and Construction.
4. An all-weather drivable access road shall be constructed to the proposed stormwater pond
meeting Standard 4.10.1.H of the City of Kalispell Standards for Design and
Construction.
5. The deviation request of Standard 4.7.5.B.IV.a.i to utilize soil types from onsite borings
for a temporary stormwater infiltration facility is granted.
6. The deviation request of standard 4.8.5.C.IV.a to reduce the pipe diameter of a
downstream connecting stormwater pipe smaller than the incoming pipe diameter is
granted for the discharge to a temporary stormwater infiltration pond.
201 1' Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406) 758-7720 — Fax (406) 758-7831
www.kalispell.com
City of Kalispell Public Works Department
?; Post Office Box 1997, Kalispell, Montana 59903 -I997 - Telephone (406)758-7720, Fax (406)758-7831
August 14, 2007
Department of Environmental Quality
Public Water Supply Section
Permitting and Compliance Division
109 Cooperative Way, Suite 105
Kalispell, Montana 59901-2389
Attention: Emily Gillespie, P.E.
Environmental Engineer
RE: Silverbrook Estates
U.S. 93 Utility Main Extension
Kalispell, Montana
Dear Emily,
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction plans and specifications prepared by CTA Architects and Engineers, Inc.,
for the water main(s), sanitary sewer main(s), sewer force main(s), sewage pumping
station and appurtenant items.
The Kalispell water distribution system and sanitary sewer system has adequate
capacity to serve the project.
Please feel free to call if you have any questions.
SinceMCastles,
Fra P.E.
Deputy Public Works Director/Assistant City Engineer
cc: Pat White, P.E.
CTA Architects and Engineers, Inc.
P.O. Box 1439
Billings, Montana 59101
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406) 758-7720, Fax (406) 758-7831
r:.
August 14, 2007
Environmental Health Services
Flathead City -County Health Department
1035 First Avenue West
Kalispell, Montana 59901
Attention: Dick Montgomery, P.E.
RE: Silverbrook Estates
U.S. 93 Utility Main Extension
Kalispell, Montana
Dear Dick,
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction plans and specifications prepared by CTA Architects and Engineers, Inc.,
for the water main(s), sanitary sewer main(s), sewer force main(s), sewage pumping
station and appurtenant items.
The Kalispell water distribution system and sanitary sewer system has adequate
capacity to serve the project.
Please feel free to call if you have any questions.
Sync r y,
f= nk Castle , P.E.
Deputy Public Works Director/Assistant City Engineer
cc: Pat White, P.E.
CTA Architects and Engineers, Inc.
P.O. Box 1439
Billings, Montana 59101
ECEI Y E
SEP 2 6 2017
Montana Department QMM,
of Environmental Quality
BY _
September 22, 2017
Mike Brodie, PE
WGM Group
431 1st Ave West
Kalispell, MT 59901
Re: City of Kalispell (PWSID#MT0000259)
Silverbrook Estates Phase 2A Block 25
Water Main Extension - Approval
EQ# 18-1070
Dear Mr. Brodie:
The plans and specifications, engineering report and deviation request for the Silverbrook
Estates Phase 2A Block 25 water main extension within Great Northern Trail, submitted under
the seal of Michael J. Brodie, PE#28348, were received on July 20 through September 15, 2017.
The City of Kalispell approval was provided on September 12, 2017. The submittal was
reviewed in accordance with Department Circular DEQ-1, 2014 Edition.
The Silverbrook Estates Phase 2A Block 25 water main extension plans and
specifications, received July 20 2017 with replacement sheets #8 #9 and #14 received
September 15, 2017, are hereby approved. One copy of the plans and specifications bearing
the approval stamp of the Department of Environmental Quality Public Water Section is
enclosed. A second set will be retained as Department Record.
Please note that this water main extension is intended to provide looping to improve water
system flows and to complete the main prior to paving of this street. The design intent of the
system is to provide a minimum 1500 gpm fire flow. No service connections will be served by
this water extension. Therefore, neither subdivision review nor MFE process are necessary at
this time.
The water main improvements consist of: approximately 50 feet of 14-inch diameter water main
(C900 PVC), approximately 430 feet of 8-inch diameter water main (C900 PVC), one fire hydrant
assembly, six gate/butterfly valves, two connections to existing main in the Diamond Peak
intersection, three end caps for future extension and three temporary blow -off valves.
As a part of the project a deviation was requested and granted from Circular DEQ-1 Section 8.3.3,
allowing a vertical separation between water and sanitary sewer mains to be reduced from 18
inches, provided that a minimum of 6 inches of clearance is provided and flowable fill is installed
surrounding the water main for the lateral extents shown in the plans.
Fire hydrant flow testing and fire modeling in the area estimates approximately 1800gpm at 20 psi
equivalent will be available at the proposed fire hydrant.
Steve Bullock, Governor I Tom Livers, Director 1 655 Timbetwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov
City of Kalispell (PWSID#MT0000259)
Silverbrook Estates Phase 2A Block 25
Water Main Extension - Approval
EQ# 18-1070
September 22, 2017
Page 2 of 2
Approval is given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. The project may
not be placed into service until the project engineer or designer certifies by letter to the
Department that the activated portion of the project was constructed in substantial accordance
with the plans and specifications approved by the Department and there are no deviations from
the design standards other than those previously approved by the department. Within 90 days
after the completion of construction, a complete set of certified "as -built" drawings must be
signed and submitted to the department.
It is further understood that construction will be completed within three years of this date. if more
than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Department approval of this project covers only those portions of the plans and specifications
that are subject to the Department's review authority under the Public Water Supply Laws (MCA
75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does
not cover items found within the plans and specifications that are outside of the Department's
review authority, including but not limited to: electrical work, architecture, site grading or water
and sewer service connections.
Thank you for your efforts regarding this submittal. If you have any further questions, please contact
me at (406) 755-8979 ore illes ie mt. ov
Sincerely,
Emily J. Gil ie, P.E.
Public Wate Supply and Subdivisions Bureau
cc: Keith Haskins, City of Kalispell Public Works
Wendee Jacobs, Flathead County Environmental Health
Plan Review File
Parks and Recreation Dept
July 11, 2018
Kalispell Planning Department
Attn: Jarod Nygren
P.O. Box 1997
Kalispell, MT 59901
Phone: (406) 758-7942
Re: Silverbrook Phase 2A-A
Dear Jarod:
This letter is to serve as approval on the proposed landscaping plans for Silverbrook Phase 2A-A
per the plans submitted on 7/11/18.
It is agreed that if the project is extended, the developer will be responsible for submitting
bonding for the remaining improvements as specified on the submitted plan for Silverbrook
Phase 2A-A. The bond may not be longer than a period of 12 months. Tree plantings are
required to meet the Street Tree Ordinance standards of 2 1/" caliper and have a 4 foot fibrous
mulch around them in addition to meeting ISA planting standards. Any landscape revisions or
substitutions need to be authorized prior to installation. You will need to coordinate with Public
Works for any permits/approvals of working in the right of ways prior to working in the right of
way.
Final approval will be given upon completion, inspection and approval of the landscaping and
tree plantings, at which time any bonding that has been submitted will he released. It should be
noted that the trees and landscaping are under a warranty period and should they die within this
time frame, the developer will be responsible for replacement.
If you have any concerns or questions please give me a call.
Sincerely,
/Z//� �—
Chad Fincher, Parks and Recreation Director
Kalispell Parks and Recreation
306 P Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719
www. kalispell. cone
United States Postal Service
To whom it may concern,
The LISPS has given approval for the final planning for these 2 builds at
Silverbrook Estates. If you have any questions or concerns please feel free to
contact me by phone or email.
Thankyou
Josh Schlecht
Postmaster
Kalispell, Mt 59901
Email- Joshua.w.schlecht@usps.gov
Phone- 406-257-9796
Return to:
Aimee Brunckhorst
Kalispell City Clerk
201 l' Avenue East
Kalispell, MT
59901
APPENDIX E
S[tBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this-_Lday of 2018, by and
, _
between die CITY COUNCIL, CITY OF KALISPELL, MONTANA Par[y�o the First Part and
hereinafter referred to as the CITY, and SilVermOnt Properties, LLLP, a Corporation, located at 315
Parkway 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
Silverbrook Estates Phase 2A-A located at the Northeast quarter of Section 13 of Township 29 North,
Range 22 West, P.M.M.; and,
WHEREAS, the City has conditioned its approval of the final plat
of
Silverbrook Estates Phase 2A-A, 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
$ 478,418.10.
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
I. 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 $598,022,63. 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 $598 022.63 the estimated cost of
completing the required improvements in Silverbrook Estates Phase 2A-A.
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 November 30, 2018.
3. That upon completion of the required unprovements, 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 hriprovements are free and clear of any encumbrances or licns�
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 a] I required improvements by a registered
professional engineer before the Developer shall be released from the Subdivision Improvement
Agreement.
That if the City detem-iines that any improvements are not constructed in compliance with the
specifications, it shall fitrnish 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
li��in beficire written
V o� Q__
SiNermont Properties, LLLP
by �)0_�,A)l 6
(Name) (Tit e)
STATE OF MONTANA
COUNTYOF_ 004661,J
On this W11 day If :J�d� , 20AS_ before me, a Notary Public for the
State of Montana, personally appeared �ajx� �o c- —known to me to be the
of WVV0104 kkW�f-S LLLF 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 Sea] this day and
y r fi
ea rst above wr
�V�CA
Notary Public for the State of Montana
Printed Name - ON WkW-C'_ IwOmy-'(
Residing at
My Corninission Expires 02-43 . 17-ol'!
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CYNTHIA TUDHOPE
NOTARY
,1A
PUBLIC for 1he
State of Montana
Resd;ng all Kalispell, Njontana
Nly Comrrissicrl ExpireS
February 13 2019
CITY CLERK
"Exhibit A"
RESOLUTION NO.5749
A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF
SILVERBROOK ESTATES SUBDIVISION PHASE 2, MORE PARTICIJEARLY
DESCRIBED AS TRACT 3 AND A PORTION OF TRACTS 4 AND 5 OF CERTIFICATE OF
SURVEY 15896 LOCATED WITHIN THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 29 NORTH, RANCE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA.
WHEREAS, Silvermont Properties LP, the owner of the certain real property described above, has
petitioned for approval of the Subdivision Plat of Phase 2 of said property, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on
December &, 2015 on the proposal and reviewed Subdivision Report #KPP-15-04
issued by the Kalispell Planning Department, and
WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended
approval of the Preliminary Plat of Silverbrook Estates Subdivision Phase 2 subject
to certain conditions and recommendations, and
WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of January 4,
2016, reviewed the Kalispell Planning Department Report #KPP-15-04, reviewed the
recommendations of the Kalispell City Planning Board and Zoning Commission, and
found from the Preliminary Plat, and evidence, that the subdivision is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, MONTANA AS FOLLOWS:
SECTION I. That the Findings of Fact contained in Kalispell Planning Department Report
#KPP-15-04 are hereby adopted as the Findings of Fact of the City Council.
SECTION II. That the application of Silvermont Properties LP for approval of the
Preliminary Plat of Silverbrook Estates Subdivision Phase 2, Kalispell,
Flathead County, Montana is hereby approved subject to the following
conditions:
General Conditions:
I. That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional
conditions associated with the preliminary plat as approved by the city council. Note:
Implementing the conditions of approval may reduce the number of lots shown on the
approved preliminary plat.
2. The total gross square footage for all buildings on the 13 commercial lots in phase 2A shall
not exceed 120,000 square feet. The largest building shall not exceed 25,000 gross square
feet.
The preliminary plat approval for phase 2 shall be valid for a period of three years from the
date of approval.
Prior to final plat:
4. Prior to final plat approval of phase 2B the townhouse lots shall be renumbered with the
A&B designations added to each lot (i.e. 305A and 30513) to further clarify the lots as
townhouse lots.
The following note shall be placed on the final plat for phase 213: "Further subdivision of the
lots in phase 2B is prohibited."
6. Prior to submitting a final plat application for phase 2C a zone change application for blocks
33 and 40 to change the zoning from R-4 to R-2 shall be approved by the Kalispell City
Council.
7. The existing Traffic Irapact Study shall be amended to include an analysis of the approaches
intersecting Church Drive and mitigated improvements that may be necessary to Church
Drive with the increase in traffic. Proposed improvements that may result from the analysis
shall be approved by the Public Works Department prior to engineering design.
The streets serving the neighborhood commercial portion of the project will be constructed to
a minimum of collector street standards. The following note shall be placed on the final plat
for phase 2A: "Along roadways with on street parking, the eight (8) feet adjacent to the curb
shall be used for snow storage. Pedestrian facilities must be provided outside of the
aforementioned eight (8) feet."
9. Al I intersections shall be designed in accordance with the most recent version of AASHTO's
A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS. Streets shall
intersect at ninety (90) degree angles, if topography permits, but in no case shall the angle of
intersection be less than seventy-five (75) degrees for a minimum distance of sixty (60) feet
as measured along the centerline, from right-of-way line at the intersecting street.
10. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with current City of KalispeIl's Standards for Design and Construction and
Montana Public Works Standards. The design shall be certified in writing by a professional
engineer licensed in the State of Montana. All design work shall be reviewed and approved
in writing by the Kalispell Public Works Department prior to construction. This
infrastructure shall include but not be limited to water main, sewer main, storm sewer
facilities, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
11. Water and sewer main extensions shall be designed and constructed in accordance with the.
City of Kalispell's Standards for Design and Construction and Montana Public Works
Standards. The water and sewer main extension plans shall be reviewed and approved by the
Kalispell Public Works Department. Prior to final plat, a certification stamped by a
Professional Engineer shall be submitted to the Public Works Department stating that the
water and sewer mains have been built as designed and approved.
12. Private irrigation water mains shall be designed and placed within the ten (10) foot utility
easement adjacent to and outside of the public right-of-way.
13. Prior to submitting a final plat application for each phase, the developer shall provide the
Public Works Department with an analysis of possible deficiencies created in the existing
conveyance system, from the respective phase to the treatment plant, by the addition of the
phase. The analysis and possible mitigation plan, once reviewed and approved by the Public
Works Department, shall be completed prior to final plat approval.
14. The developer shall submit to the Kalispell Public Works Department for review and
approval a stormwater report and an engineered drainage plan that meets the requirements of
the current City standards for design and construction. Prior to final plat, a certification shall
be submitted to the Public Works Department stating that the drainage plan for the
subdivision has been installed as designed and approved.
15. The developer shall submit to the Kalispell Public Works Department prior to construction
an erosion/sediment control plan for review and approval and a copy of all documents
submitted to Montana Department of Environmental Quality for the General Permit for
Stormwater Discharge Associated with Construction Activities.
16. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted
for unfinished work.
17. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department:
a. Water trains designed to provide minimum fire flows shall be installed per City
specifications at approved locations. Minimum fire flows shall be in accordance with
International Fire Code currently adopted by the City of Kalispell at the time of
construction..
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible collstrucLion.
c. Fire Department access shall be provided in accordance with International Fire Code
currently adopted by the City of Kalispell.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided
in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
18. The developer shall submit to the Kalispell Public Works Department, for review and
approval, documentation that the proposed bedding, haunching, initial backfill and subbase
backfill materials for utility trenches, as required in the City of Kalispell Standards for
Design and Construction, meets the requirements for Class I Materials as defined in ASTM
D 2321 and the mitigation requirements (Section X1.8) of the same standard. The
documentation shall be certified by an engineer licensed in the State of Montana.
19. A 12-foot meandering berm shall be constructed within the buffer along Highway 93. The
berm shall be landscaped with the landscaping plan reviewed and approved by the Parks and
Recreation Department.
20. A letter shall be submitted from an engineer licensed in the state of Montana approving the
reshaped slopes along the Stillwater River and adjacent drainage way for stability purposes in
accordance with CMG Engineering's slope stability assessment.
21. A note shall be shown on the face of the final plat identifying those lots closest to the crest of
the reshaped slope mentioned in condition 20 and require a minimum 20 foot building
setback from the crest of the reshaped slope.
22. The Silverbrook Estates covenants, conditions, restrictions and reservations should consider
the 9 recommendations from the Montana Department of Fish, Wildlife and Parks letter to
minimize the problems that future homeowners could have with wildlife, as well as helping
them protect themselves, their property, and the wildlife.
23. Phase 2B shall be amended to include a minimum one acre of open space. The open space
shall be located centrally in either block 29 or block 30. Prior to final plat approve the open
space location shall be approved by the Kalispell Site Review Conuauttee.
24. The one acre of open space shall be developed with the following:
• Irrigation
• Landscaping to consist of trees, grass and shrubs
• Pedestrian paths
• A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation Department for review
and approval and installed prior to final plat of phase 2B.
25. Additional open space shall be provided either north or south of the one acre open space site
required in condition 19 to provide a linear greenbelt from the intersection of Swift Creek
Way and Diamond Peak Loop to Silvertip Trail. The open space shall be a minimum of 50
feet in width and include a walking path to be constructed per standards approved by the
Parks and Recreation Department. The walking path shall be constructed prior to final plat
approval.
26. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a
landscape plan for the placement of trees and landscaping materials within the landscape
boulevards of the streets serving the subdivision. The approved landscape plan shall be
implemented or a cash in lieu payment for installation of the street trees and groundeover be
provided to the Kalispell Parks and Recreation Department,
27. The 2.19 acre area designated on the preliminary plat as open space in block 46 of phase 2D
will meet the parkland dedication requirements provided that it is developed to create a
recreational amenity within the subdivision. A letter from the Kalispell Parks and Recreation
Department shall be provided at the time of final plat that outlines the improvements and
confirms those improvements have been made.
28. The approved pedestrian/bike path plan shall be installed as follows:
Pallis within the upen space along Highway 93 shall be installed prior to final plat
approval of phase 2A.
Paths within the open space along the Stillwater River, wetland and drainage shall be
installed prior to final plat approval of phase 2b of the subdivision.
All other remaining paths shall be installed prior to final plat approval of the respective
phase they are located in.
29. The following note shall be placed on the final plat: "Property owner(s) are responsible for
the boulevard strip for the length of their property boundaries. Responsibilities include
watering and mowing of the grass within the boulevard. Removal of grass or trees within the
boulevard and placement of any other kind of materials is prohibited unless approved by the
Kalispell Department of Parks and Rccrcation."
30. The following note shall be placed on the final plat: "This subdivision is located in an
agricultural area and potential nuisances such as noise, dust, odors, and irregular hours of
operation are to be expected. As such, the right to farm on adjoining properties shall not be
restricted as a result of the development or occupancy of this subdivision."
31. The following note shall be placed on the final plat: `Be aware that an existing arena and
race track are located to the north of the subdivision. Noise generated by the arena and race
track may be heard from your property."
32. The rear property boundaries of lots 574-579 of Block 53 shall be amended to provide a
minimum distance of 170 feet from the bank of the Stillwater River to the rear property
boundary.
33. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52 and lot
409 of Block 34 shall be amended to provide for a minimum distance of 50-feet from the top
of the bank along the drainage to the rear property boundary. The contour line designating the
top of bank shall be determined by City staff and the developer's consultants.
34. A 30-foot rear yard setback shall be required for all structures on lots adjacent to the
Stillwater River Hillside and its tributaries. This would include lots 574-579 of Block 53,
lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of Block 34.
35. The roads within the subdivision shall be named and signed in accordance with the policies
of the Kalispell Public Works Department and the Manual. of Uniform Traffic Control
Devices and be subject to review and approval prior to final platting of each respective phase.
A letter shall be obtained from the Kalispell Public Works Department stating the naming
and addressing on the final plat have been reviewed and appruved.
36. All existing and proposed easements shall be indicated on the face of the final plat. Utility
easements for City water and sewer shall be provided to allow for the logical extension of
utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works
Department shall be. obtained stating that the required easements are being shown on the final
plat.
37. Prior to filing the final plat a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The
mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail
delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site
shall not impact a sidewalk or proposed boulevard area. The mail delivery site shall provide
ADA accessibility from the public pedestrian facilities.
38. The following statement shall appear on the final plat: "The undersigned hereby grants unto
each and every person, firm or corporation, whether public or private, providing or offering to
provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the
public, the right to the joint use of an easement for the construction, maintenance, repair, and
removal of their lines and other facilities, in, over, under, and across each area designated on
this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
39. That a minimum of two-thirds of the necessary infrastructure for each phase of this
subdivision shall be completed prior to final plat submittal. The minimum of two-thirds of
the necessary infrastructure shall include the extension of water and sewer mains from the
city to the site and necessary lift stations to transport effluent back to the city.
40. A 60 foot public road and utility right-of-way projecting along the Great Northern Trial
alignment to Tract i D shall be dedicated to the City of Kalispell within Block 54 to provide
road and utility connections to the property immediately west. The dedication shall be done
prior to final plat of phase 2d. Final location of the right-of-way shall be approved by the
Public Works Department. Development of the right-of-way will be required by the
developer of Tract ID.
41. The original design report prepared by Pioneer Technical Services indicated two wells would
be installed for the subdivision which were projected to provide the required fire flow of
1,500 gpm. Due to the presence of Manganese in Well No. 1, Well No. 2 was the only public
water supply well installed to serve the Silverbrook subdivision. The completed Well No. 2
has a permitted pumping rate of 250 gpm and lies approximately 2.5 miles north of any
redundant supply lines. Water modeling shall be completed to determine the water
production and water right improvements necessary to provide maximum daily demand for
full build out of Phases 1 and 2. Required improvements shall be completed at no cost to the
City of Kalispell.
Ongoing conditions:
42. All utilities shall be installed underground.
43. All areas disturbed during development shall be re -vegetated with a weed -free Unix
immediately after development.
SECTION M. Upon proper review and filing of the Final Plat of said subdivision in the
office of the Flathead County Clerk and Recorder, said premises shall be a
subdivision of the City of Kalispell.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF TliE
CITY OF KALISPELL, THIS 4TH DAY OF JANUARY, 2016.
ATTEST:
H k
Aim6e Brunckhorst,
City Clerk
Mark Johfl n ---
-
Mayor
EXHIBIT "B"
CERTIFICATION OF WORK TO BE COMPLETED
SILVERBROOK ESTATES PHASE 2A-A
SUBDIVISION ROADS & OVERLOT GRADE
Completed To Date: 6118118
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
101
Replace Topsoil
C.Y.
120
$18.20
$2,184.00
0
$0.00
102
Stabilization Fabric
S.Y.
3970
$1,34
$6,319.80
0
$0.00
103
3" Crushed Gravel in Roadway
C.Y.
1229
$22.37
$27,492.73
0
$0.00
104
314" Crushed Gravel in Roadway
C.Y.
662
$28.77
$19,045.74
0
$0.00
105
4" Asphalt Paving
S.Y.
3306
$20.00
$66,120.00
0
$0.00
106
Curb & Gutter
L.F.
1802
$22.00
$39,644.00
0
$0.00
107
5' Sidewalk
S.F.
4152
$4.75
$19,722.00
0
$o.oa
108
Road Excavation
C.Y.
2647
$7.68
$20,064.26
0
$0.00
109
ADARamp
EA.
4
$650.00
1 $2,600.00
0
$0.00
110
striping
L.S.
1
$2,500.00
$2,500.00
0
$0.00
SUBTOTAL ITEMS 101 -110
$204,692.53
$0.00
WATER SYSTEM
Completed To Date: 6/18118
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
201
B" Water Main
L.F.
404
$37.00
$14,948.00
0
$0.00
202
14" Water Main
L.F.
63
$46.00
$2,898.00
0
$0.00
203
8" 11.25 MJ Bend
EA.
1
$600.00
$600.00
0
$0.00
204
8" 45 MJ Bend
EA.
1 5
$600.00
$3,000.00
0
$0.00
205
8"x8"x8" MJ Tee
EA.
1
$900.00
$900.00
0
$0.00
206
8" MJ Cap
EA.
2
1 $1,200.00
$2,400.00
0
$0.00
207
14" MJ Cap
EA.
1
$1,600,00
$1,500.00
0
$0.00
208
14"x8" Reducer
EA.
1
$600.00
$600.00
0
$O.D0
209
14"x14"x14" MJ Cross
EA.
1
$1,400,00
$1,400.00
0
$0.00
210
14" ButterflyValve
EA.
3
$3,400.00
$10,200.00
0
$0.00
211
Connect to existingEA.
1
$2,000.00
$2,000.00
0
$0.00
212
6" Fire Hydrant
EA.
1
$6,400.00
$5,400.00
0
$0.04
213
8" Gate Valve
EA.
5
$2,090.00
$10,460.00
0
$0.00
214
Tem ora Blow Oft Valve
EA.
1
$1,126.00
$1,125.00
0
$0.00
215
1.5" Service
EA.
1
$1,500.00
$1,600.00
0
$0.00
or Lower ExistingGate Valve
EA.
1
$500,00
$600.00
0
$0.00
LlbRaise
Raise or Lower Existing Fire Hydrant
EA.
1
$1,500.00
$1,500.00
0
$0.00
SUBTOTAL ITEMS 201 - 217
$60,921.00
$0.00
STORM DRAINAGE
Completed To Date: 6118M8
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Com feted
Total Cost
Completed
301
Temporary Erosion Control For Construction (Silt
Fence, Straw Wattles, Inlet Protection, Etc.)
L.S.
1
$15,000.00
$15,000.00
0
$0.00
302
Permanent Erosion Control (Hydroseeding, Sod,
Etc.
L.S.
1
$10,000.00
$10,000.00
0
$0.00
303
30" I.D. Catch Basin ! Cover & Apron
EA.
6
$2,600.00
$12,500.00
0
$0.00
304
48" I.D. Catch Basin 1 Cover & Apron
EA.
2
$3,100,00
$6,200.00
0
$0.00
306
60" Manhole
EA.
1
$3,545.00
$3,545,00
0
$0.00
306
12" Storm Drain - SDR 36
LF
447
$39.00
$17,433.00
0
$0.00
307
15" Storm Drain - SDR 35
LF
81
$42.33
$3,428,73
0
$0.00
308
18" Storm Drain - SDR 35
LF
224
$58.16
$13,027.84
0
$0.00
309
Stormwater Management
L.S.
1
$2,500.00
$2,500.00
0
$0.00
SUBTOTAL ITEMS 301-309
$33,634.57
$0.00
MISCELLANEOUS WORK
I Completed To Date: 6118118
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
401
Signs
EA.
4
$ 450.00
$1,800.00
0
$0.00
402
Mobilization Incl. Permits &SWPPP's
L.S.
1
$ 28,400.00
$28,400.00
0
$0.00
403
Site Work
L.S.
1
$ 12,000.00
$12,000.00
0
$0.00
404
Construction Surveying
L.S.
1
$ 15,000.00
$15,000.00
0
$0.00
SUBTOTAL ITEMS 401-404
$57,200.00
$0,00
UTILITIES
-TRENCHING, CONDUIT, VAULTS & LIGHTS
Completed To Date: 6/18118
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
Quantity
Completed
Total Cost
Completed
501
1-114" SCH 40 PVC
L.F.
870
$2.00
$1,740.00
0
$0.00
502
6" SCH 40 PVC
L.F.
330
$10.00
$3,300.00
0
$0.00
503
2" SCH 40 PVC
L.F.
660
$4.00
$2,640.00
0
$0.00
504
Street Light Assembly
EA.
7
$2,500.00
$17,600.00
0
$0.00
506
3 Phase Vault
Eq.
1
$1,800.00
$1,800.00
0
$0.00
506
Secondary Pedistal
EA.
1
$100.00
$100.00
0
$0.00
507
Gas Sleeve
L.F.
330
$16.00
$4,960.00
0
$0.00
SUBTOTAL ITEMS 501-507
$3Z030.00
$0.00
SERVICE COSTS, FEES, ENGINEERING
Total Construction = $438,478.10
Total Construction Completed to Date = $0.00
Completed To Date: 6118118
Item
No.
Description
Unit
Measure
Estimated
Quantity
Unit Price
Total Price
QUANTITY
COMPLETED
TOTAL COST
COMPLETED
601
Flathead Electric - PH2A•A
L.S.
1
$19,440.00
$19,440.00
0%
$0.00
602
Northwestern Energy -PH2A-A
L.S.
1
$6,500.00
$5,500.00
0%
$0.00
603
Engineering, Construction, Certification - PH2A-A
L.S.
1
$16,000.00
$15,000.00
0%
SUBTOTAL ITEMS 601 -603
$39,940.00
$0.00
TOTAL PROJECT BUDGET
TOTAL ESTIMATED COST OF CONSTRUCTION
AMOUNT COMPLETED PRIOR TO BONDING
AMOUNT OF REMAINING WORK PRIOR TO BONDING
AMOUNT OF BOND (125% OF REMAINING WORK)
$478,418.10 $0.00
$ 478,418.10
$ 478,418.10
$ 990n,63
AS PROJECT ENGINEER FOR THE SILVERBROOK ESTATES PHASE 2A-A, 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: $ 478,418.10
SECURITY HELD AT 125 % OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $ 598,022.63
BRETT WALCHECK, P.E. 'ALL IMPROVEMENTS SHALL BE COMPLETED BY: 11/3012018
S
GLACI
BANKER
July 09, 2018
IRREVOCABLE STANDBY LETTER OF CREDIT No. 3106181001943
Silvermont Properties, LLLP
315 Parkway Dr.
Kalispell, MT 59901
City of Kalispell
201 15# Ave E
Kalispell, MT 59901
We hereby establish this irrevocable Letter of Credit in your favor for one or more drawings up
to United States, $600,000.00. This Letter of Credit is payable to the Glacier Bank office at 202
Main Street, Kalispell, MT 59901, and expires with our close of business on July 09, 2019.
Each draft so drawn must be marked "Drawn under Glacier Bank, 202 Main Street, Kalispell,
MT 59901, Letter of Credit No. 3106181001943" and accompanied by signed statements of the
Kalispell City Attorney that Silvermont Properties, LLLP have failed to honor their contractual
agreement with the City of Kalispell. This Letter of Credit shall reduce proportionally with the
completion of improvements listed in Exhibit B of the Appendix E — Subdivision Improvement
Agreement.
We hereby agree with you that all drafts drawn under and in compliance with the terms of this
credit will be duly honored if drawn and presented for payment to our office, Glacier Bank, 202
Main Street, Kalispell, MT 59901. This letter will expire 60 days after the developer
completion date of July 09, 2019.
This Agreement shall be governed by the Uniform Customs and Practice for Documentary
Credits (2007 Revision) ("UCP"), International Chamber of Commerce Publication No. 600,
International Chamber of Commerce International Standby Practices ISP98, (Publication ISP98)
and any subsequent revisions thereof approved by the International Chamber of Commerce,
unless the law of the State of issuance prohibits application of the UCP and ISP98 to this letter.
We hereby engage with drawers, endorsers and bona fide holders that drafts and documents will
be duly honored upon presentation.
Glacier Bank
By: & ,`, d,
Title: A/e/,r��LC�R/ �'�