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G3. Bloomstone Final Plat
PLANNING FOR THE FUTURE M01ff NA REPORT TO: Doug Russell, City Manager �V FROM: Jarod Nygren, Senior Planner SUBJECT: Final Plat request for Bloomstone Phase 2 MEETING DATE: August 6, 2018 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning BACKGROUND: Our office has received a final plat application from A2Z Engineering, on behalf of Kalispell National Investment Company, LLC for a 46-lot (10 single-family and 36 townhome) residential subdivision. Phase 2 encompasses 9.3-acres of the larger 85-acre Bloomstone development. The 9.3-acre site is generally located east of Treeline Road, west of Kidsports and north of Four Mile Drive. The property can be described as a portion of Parcel 3, COS#17217 of Section 36, Township 29 North, Range 22 West, P.M.M.. Flathead County, Montana. The Kalispell City Council approved the preliminary plat with 27 conditions at their meeting on October 2, 2017, by Resolution No. 5840. All of the conditions have been met or adequately addressed. In addition, a Subdivision Improvement Agreement in the amount of $429,945.88 (12500 of remaining cost) is included for City Council action. RECOMMENDATION: It is recommended that the Kalispell City Council approve the final plat and Subdivision Improvement Agreement for Bloomstone Phase 2. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: July 27, 2018 c: Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE July 27, 2018 Doug Russell, City Manager City of Kalispell 201 1"Ave E Kalispell, MT 59901 MONTANA Re: Final Plat request for Bloomstone, Phase 2 Dear Doug: Planning Department 201 151 Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Our office has received a final plat application from A2Z Engineering, on behalf of Kalispell National Investment Company, LLC for a 46-lot (10 single-family and 36 townhome) residential subdivision. Phase 2 encompasses 9.3-acres of the larger 85-acre Bloomstone development. The 9.3-acre site is generally located east of Treeline Road, west of Kidsports and north of Four Mile Drive. The property can be described as a portion of Parcel 3, COS#17217 of Section 36, Township 29 North, Range 22 West, P.M.M.. Flathead County, Montana. The Kalispell City Council approved the preliminary plat with 27 conditions at their meeting on October 2, 2017, by Resolution No. 5840. All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5840. COMPLIANCE WITH CONDITIONS OF APPROVAL General Conditions: 1. 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. Staff Response: This condition has been met. The submitted final plat is in substantial compliance with the preliminary plat application documents. 2. All applicable conditions within Ordinance 1635 (Bloomstone PUD) shall apply. Staff Response: This condition has been met. All applicable conditions within Ordinance 1635 have been complied with. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat was approved in October 2017, therefore is well within the 3-year timeframe. 4. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water 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. Public Works has issued a letter approving the subdivision on December 15, 2017. The letter is attached hereto for reference. In addition, 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 (drainage in this case) required, is installed to city standards for design and construction. 5. 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 Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. Public Works has issued a letter approving the storm water management on November 7, 2017 and Montana Department of Environmental Quality issued a let on April 11, 2018. The letters are attached hereto for reference. In addition, 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 (storm water management in this case) required, is installed to city standards for design and construction. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and Montana Department of Environmental Quality for concurrent review, with approval of both prior to construction. Staff Response: This condition has been met. Public Works has issued a letter approving the construction drawing on December 15, 2017 and Montana Department of Environmental Quality issued a let on January 2, 2018. The letters are attached hereto for reference. 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Staff Response: This condition has been met. Public Works has issued a letter approving the construction drawing on December 15, 2017. The letter is attached hereto for reference. 8. 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 in the amount of $429,945.88 (125% of remaining cost) 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. 9. 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. Public Works has issued a letter approving the easements on July 24,2018. The letter is attached hereto for reference. 10. Treeline Road shall be extended to Four Mile Drive with an all-weather surface prior to final plat of Phase 2. Staff Response: This condition has been met. The developer has installed the all-weather fire access and the Kalispell Fire Chief has determined that the road is sufficient. See email dated June 18, 2018. Email is attached hereto for reference. 11. Treeline Road shall be fully improved to city standards prior to final plat of Phase 3. Staff Response: This condition is not applicable. Treeline Road will be improved prior to final plat of Phase 3. 12. The path along Four Mile Drive shall be extended to the eastern property boundary prior to final plat of Phase 4. Staff Response: This condition is not applicable. This condition is not applicable. The path along Four Mile Drive will be improved prior to final plat of Phase 4. 13. Four Mile Drive improvements that meet the requirements of the City of Kalispell Construction and Design Standards shall be completed prior to final plat of Phase 4. This includes a left turn lane at Treeline Road and Foxglove Drive. Staff Response: This condition is not applicable. Four Mile Drive will be improved with Phase 4. 14. Treeline Road and Foxglove Drive shall have 3 lanes at the intersection with Four Mile Drive. Staff Response: This condition is not applicable. These improvements will be put in place at later phases of the development. 15. No additional public or private accesses are permitted onto Four Mile Drive other than Treeline Road and Foxglove Drive. Staff Response: This condition is not applicable. Improved accesses onto Four Mile Drive will be installed at later phases of the development. 16. The water line shall be looped through the remainder parcel between Treeline Road and Foxglove Drive prior to final plat of Phase 4. The water line shall be located within a city street. Staff Response: This condition is not applicable. This condition will be implemented with Phase 4 of the development. 17. A 12" water line shall be extended to the northwest corner of Lot 55 prior to final plat of Phase3. The City of Kalispell is responsible for upsizing the water line from an 8" line to a 12" line. Staff Response: This condition is not applicable. This condition will be implemented with Phase 3 of the development. 18. 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 required fire flows shall be installed per city specifications at approved locations. Fire flows shall be in accordance with International Fire Code. 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. d. Street naming shall be approved by the Fire Department. e. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. f. Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. Staff Response: This condition has been met. The Kalispell Fire Department issued a letter approving the aforementioned requirements on May 31, 2018. The letter is attached hereto for reference. 19. 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. The statement and signature block are noted on the final plat. 20. 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 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. Staff Response: This condition has been met. Public Works issued a letter on December 15, 2017, approving the road naming and addressing. In addition, the United States Postal Office sent an email approving the Cluster Box Unit for mail delivery of this phase on July 10,2018. The letter and email are attached hereto for reference. 21. A letter shall be obtained from the Kalispell Parks and Recreation Director approving the 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 trees and groundcover can be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. Kalispell Parks issued a letter on July 31, 2018 approving the landscape plan. The letter is attached hereto for reference. 22. A parks plan for the areas designated "park and walking trail" shall be approved by the Parks and Recreation Director. Staff Response: This condition has been met. Kalispell Parks issued a letter on July 31, 2018 approving the park plan. The letter is attached hereto for reference. 23. A parks maintenance district shall be formed incorporating all the lots within the subdivision. The parks maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case the assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. A waiver of right to protest a parks maintenance district note has been placed on the final plat. 24. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. Staff Response: This condition has been met. The same HOA that was formed with Phase 1 A West will assume Phase 2. 25. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal Staff Response: This condition has been met. As of the end of June 2018 the developer has installed almost all of the water, sewer, and storm water infrastructure. The roadways have been sub -graded, baserocked and curbed. This constitutes at least 23 of the necessary infrastructure. 26. All utilities shall be installed underground. Staff Response: This condition has been met. All utilities have been installed underground. 27. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. Requirement has been acknowledged in the city and MDEQ SWPPP documents and will be implemented accordingly. 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 can be found to be in compliance with the Kalispell Zoning Ordinance and the R-4 PUD zoning designation for the property, which governs the dimensional requirements of the lots within the subdivision as well as the uses. 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 Bloomstone Phase 2. Please schedule this matter for the regular city council meeting on August 6, 2018. Attachments: - 1 copy of final plat - Applicant responses and final plat application dated 6/29/2018 - First American Title Report #5010500-688688-FT dated 6/25/2018 - Bloomstone Homeowner's Association and Articles of Incorporation - Subdivision Improvement Agreement - Montana Department of Environmental Quality approval letters dated 12 2018 and 4 112018 - Flathead County Treasurer certification dated 7/16/2018 - Letter from Kalispell Public Works Department (engineering approval) dated 12/15/2017 - Letter from Kalispell Public Works Department (utility easement review) dated 7 24 2018 - Letter from Kalispell Public Works Department (storm water management) dated 11/17/2017 - Letter from the Kalispell Fire Department dated 5/31/2018 - Email from Fire Chief dated 6 18 2018 regarding all weather access road - Letter from the Kalispell Parks and Recreation Department dated 7/31 /2018 - Email from US Postal Service dated 7 10.2018 c w Att: Aimee Brunckhorst, Kalispell City Clerk c w `o Att: Kalispell National Investments Company, LLC Attn: Jim Davis 124 Swan Ridge Court Kalispell, MT 59901 IN F V ? i ,. 1 Zflz = G t R � � A3 r SILAI UI ap�l�uj ION s " #g W 1691 - NO3WH 031YJ1030 7NU - OtlOH 3NI733tl1 i i� �� k8 i�d3 '•,, E; oe f-)-)\ A O �I �' L ,� 2 �D -54 yr• ,1., 3 S ti;i • _ _ a Qi .hT y O O, fig; N b a43 4 Zorn � y3� age 5gg �_ qi g 'Jill g kj I- j�� � d ti ° ��cx � ° iy 'A i� i � £ �•q c �� _V=g��`� g��-�a=:�sEsg�� ,! �99 d 1A�,, $ � i #,a. i� c � y�S �, ° x.-k $�ii� ze��'s�_�6_'s�b4x• 3� J � 'V ,s flu� 77 g3 a ` Q t ¢ FFFH i3s s= 3 l 'Sz 3 pL It g 5 'r�RYEY(P 0141, l_b Qj (b NJ Qj to ------------ .rat of Nj ------------ M rio =_ se 1 A2Z Engineering, PLLC • 138 Fast Center Street, Suite A • Kalispell, MT 59901 Phone: (406) 755-7888 • Fax: (406) 755-7880 • www.a2z-engineering.com \tee Planning & Zoning Dept Attn: Tom Jentz, Director 201 1It Avenue East Kalispell, MT 59901 406.758.7940 Re: 8loomstone Phase 2 - Final Plat Submittal Director Jentz., RECEIVED ,SUN 2 S 2618 YAJML PLANNING DEPARTMENT June 29, 2018 Enclosed you will find a Final Plat Application, fees and the documentation required to meet the requirements of final plat for Bloomstone Phase 2. The items not included, but to be submitted shortly are: • Final Plat - To be submitted Monday for checking • LISPS Approval Letter - To be submitted as soon as received • Parks Dept Approval Letter -To be submitted as soon as received • Public Works Plat Easement Approval Letter - To be submitted as soon as received Please call me if you have any questions or concerns. Sincerely, I i �__ �7� Robert Smith, PE Project Engineer RESOLUTION NO. 5840 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF BLOOMSTONE SUBDIVISION PHASES 2-6, Conditions: 1. 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. A2Z Response: Acknowledged. 2. All applicable conditions within Ordinance 1635 (Bloomstone PUD) shall apply. A2Z Response: The conditions of Ordinance 1635 are spelled out and answered later in this document. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval A2Z Response: The preliminary plat for Phase 2 was approved less than 3 years ago, October 2017 4. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water 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. A2Z Response: Enclosed with this letter is an approval from the Public Works Engineering Department for the submitted public infrastructure construction planset. However, certification of the constructed elements cannot be obtained since the construction is not finished. Bonding is being submitted to guarantee the work through completion. 5. 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 Storm Water Discharge Associated with Construction Activities. A2Z Response: Enclosed with this letter are approvals from both MDEQ and the Public Works Engineering Department for the erosion/sediment control plan. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. A2Z Response: Enclosed with this letter are approvals from both the Public Works Engineering Department and the MDEQ for the submitted public infrastructure construction planset, Page 2 of 12 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. A27 Response: Enclosed with this letter is an approval from the Public Works Engineering Department for the submitted public infrastructure construction planset. & 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. A27 Response: The developer is submitting a proper bond for the unfinished work 9. 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. A2Z Response: The final plat will be submitted for checking, and after that a letter will be obtained from the Kalispell Public Works Department. 10. Treeline Road shall be extended to Four Mile Drive with an all weather surface prior to final plat of Phase 2. A27 Response: Enclosed with this letter is an approval from the Kalispell Fire Chief of the constructed all weather surface extending Treeline Road to Four Mile Drive. 11. Treeline Road shall be fully improved to city standards prior to final plat of Phase 3. A2Z Response: Not applicable to this submittal of final plat on Phase 2. 12. The path along Four Mile Drive shall be extended to the eastern property boundary prior to final plat of Phase 4. A2Z Response: Not applicable to this submittal of final plat on Phase 2. 13. Four Mile Drive improvements that meet the requirements of the City of Kalispell_ Construction and Design Standards shall be completed prior to final plat of Phase 4. This includes a left turn lane. at Treeline Road and Foxglove Drive, A2Z Response: Not opplicable to this submittal of final plat on Phase 2. 14. Treeline Road and Foxglove Drive shall have 3 lanes at the intersection with Four Nlile Drive. A27 Response: Not applicable to this submittal of final plat on Phase 2. Page 3 of 12 15. No additional public or private accesses are permitted onto Four Mile Drive other than Treeline Road and Foxglove Drive. A2Z Response: Acknowledged. 16. The water line shall be looped through the remainder parcel between Treeline Road and Foxglove Drive prior to final plat of Phase 4. The water line shall be located within a city street. A2Z Response: Not applicable to this submittal of final plat on Phase 2. 17. A 12" water line shall be extended to the northwest corner western property Iine of Lot 55 along its southern property line prior to final plat of Phase 3. The -City of Kalispell is responsible for the upsizing of the water line from an 8" line to a 12" line. A2Z Response: Not applicable to this submittal of final plat on Phase 2. 18. 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 required fire flows shall be installed per city specifications at approved locations. Fire flows shall be in accordance with International Fire Code. 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 Fine Code. d. Street naming shall be approved by the Fire Department. e. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. f. Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. A2Z Response: Enclosed with this letter is an approval from the Kalispell Fire Chief for the conditions stated above. 19. 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, Mulder, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature A2Z response: The final plat shall bear this signed statement. 20. 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 Page 4 of 12 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. A2Z Response: The USPS has verbally granted approval to the design and location of the mail delivery site; a written confirmation shall be submitted shortly. And as noted earlier in this document, enclosed is an approval from the Public Works Engineering Department for the submitted public infrastructure construction planset. 21. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and Iandscaping 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. A2Z Response: An approval letter from the Kalispell Parks and Recreation Director shall be issued shortly and submitted to the planning office. 22. A parks plan for the areas designated as "park and walking trail" shall be approved by the Parks and Recreation Director. A2Z Response: An approval letter from the Kalispell Parks and Recreation Director shall be issued shortly and submitted to the planning office. 23. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council, A2Z Response: The same maintenance district that was formed for Phase 1 A West shall assume the lots for Phase 2. 24. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. A2Z Response: The same HOA that was formed for Phase 1 A West shall assume the lots for Phase 2. 25. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. A2Z Response: As of the end of June 2018 the developer has installed almost all of the water, sewer, and stormwater infrastructure. The roadways have been sub -graded, baserocked and curbed. This level of effort constitutes at least 2/3rds of the necessary infrastructure. 26. All utilities shall be installed underground. Page 5 of 12 A2Z Response: Enclosed is an approval from the Public Works Engineering Department for the submitted public infrastructure construction planset. 27. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. A2Z Response: Acknowledged and specified in the city and MDEQ SWPPP documents. Page 6 of 12 ORDINANCE NO. 1635 AN ORDINANCE AUTHORIZING AND ADOPTING AN AMENDMENT TO THE SPRING PRAIRY PLANNED UNIT DEVELOPMENT AGEEMENT IN ASSOCIATION WITH THE CONSTRUCTION AND DEVELOPMENT OF BLOOMSTONE SUBDIVISION. 1. The Planned Unit Development for Bloomstone allows the following deviations from the Kalispell Subdivision Regulations and the Kalispell Zoning Ordinance: A. Kalispell Zoning Ordinance, Section 27.07,040 (1) (Minimum lot area) Allows the minimum lot area to be reduced from 6,000 square feet to 4,290 square feet for single- family lots. B. Kalispell Zoning Ordinance, Section 27.07.040 (2) (Minimum lot width) Allows the minimum lot width to be reduced from 50 feet to 40 feet for single-family lots. C. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Minimum building setbacks) Allows zero side yard setbacks for the Z-lots. D. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Front setback encroachment) Allows the front setback reduced to 10 feet. Such reduction shall only apply to the single family residential houses. The multi -family buildings would need to meet the 15-foot setback provided for in the R- 4 zoning district. All garages shall be a minimum of20 feet from the front property line except for garages on the Z-Iots that are parallel to the adjacent street. These garages may be within 10 feet of the front property botmdary. E. Kalispell Zoning Ordinance, Section 27.07.040 (3) (Rear setback encroachment) Allows a 5 foot setback on the Z-Iots where the lot size is less than 5,000 square feet. Garages may be constnicted within 5 feet of the rear property boundary only if the garage doors do not face the alley. If garage doors are facing the alley then a minimum of 10 feet from the property line to the eave of the garage shall be required. F. Kalispell Zoning Ordinance, Section 27.07.040 (5) (Permitted lot coverage) Allows an increase to 547. lot coverage on the 6,000 square foot lots and only restricts lot coverage on the Z-Iots as to construction within the required setbacks. G. Kalispell Zoning Ordinance, Section 27.24.050 (6) (Subdivision identification signs) Allows an increase in the number and size of subdivision identification signs within the project. The text and associated graphics for the two primary entry monument signs shall be a maximum of35 square feet, 3 Yzfeet tall and 10 feet long. The secondary monument signs shall have text and associated graphics no larger than 11h feet tall and 5 feetlong for a total of 7 Iiz square feet. The signs shall not exceed 6 feet in height and span be located outside of site visibility triangles of the adjacent intersections. H.Kalispell Subdivision Regulations, Section 3.09 (Streets and Roads -Design Standards) Allows curb bulbs to be used at the intersection of local streets. I. Kalispell Subdivision Regulations, Section 3.09 (G) (Streets and.Roads - Design Standards) Allows the north/south street in phase 3,shown as Juneberry Street on the conceptual site plan, to terminate in a private roadway. J. Kalispell Subdivision Regulations, Section 3.06 (1) (Through lots) Allows 8 through lots in phase 2, designated lots 1-8 as shown on the conceptual site plan. Refer to condition 2.11 for fence height. Page 7 of 12 A2Z Response: These deviations are acknowledged and incorporated as necessary into the design of Phase 2. 2. The development of the 85.2 acre site shall substantially comply with the following maps and elevations submitted as part of the Plarmed Unit Development application: A. Conceptual Site Plan, Exhibit A-1 B. Data Table, Exhibit A-2 Note: Off-street parking requirements shall meet the Kalispell Zoning Ordinance minimum requirements. C. Conceptual Phasing Plan, Exhibit D D. Single Family, Z-lot and Apartment Building elevations E. Lot Typicals, Exhibits E-1, E-2, E-3. F-1, and F-2 Note: Building setbacks and lot coverage subject to approved PUD conditions. if a lot is located between a street and alley garages shall be Iocated off of the alley. F. Conceptual Open Space and Landscape Plan, Exhibit H G. Pedestrian path detail between BIoomstone and Kids Sports complex H. Conceptual Fencing Plan, Exhibit I Note. Fencing along Treehne Road shall be a maximum of 3 !1.2 feet and fencing on the north and south sides of phase 3 shall be removed. 1. Conceptual Lighting Plan, Exhibit J-1 Note: All lighting must comply with Kalispell Zoning Ordinance J. Conceptual Entry and Fencing Themes, Exhibits T-1, T-2, T-3, T-4, T-5 K. Conceptual Trail Plan and Detail, Exhibits P-land P-2 Note: Trail width shall be determined by the Parks and Recreation Department and trail construction shall meet city standards. L. Typical Street Details, Exhibits G-1, G-2, L-1, L-2. and L-3 Note: All roads shall be designed to meet the city's minimum roadway widths except as permitted through this PUD. Monument signs shall be located outside of the right -of way. A27 Response: These deviations are acknowledged and incorporated as necessary into the design of Phase 2. 3. Development of the site shall adhere to the Bloomstone conceptual site plan. Note: The implementation of the conditions may result in the loss of dwelling units. A2Z Response: Acknowledged. 4. Upon submitting a preliminary plat application for phases 4 and 5 the developer shall provide further details for the future club house in phase 4 and community center in phase 5. The details shall include at a minimum the size, elevations, and floor plan of the buildings. A2Z Response: Not applicable to this submittal of final plat on Phase 2. 5. Prior to issuance of a building permit for the multifamily units in phases 1, 4 and 5 of the Bloomstone. project, the developer shall provide the city with a trail connection plan for review and approval. The Page 8 of 12 plan shall illustrate how trails and sidewalks within the development will connect with existing or future trails or sidewallcs. A2Z Response: An approval letter from the Kafspell Parks and Recreation Director shall be issued shortly and submitted to the planning office. 6. Prior to final plat approval of phase 2 Treeline Roud shall be extended to Four Mile Drive. That portion of Treeline Road from the south boundary of phase 2, south to Four Mile Drive, shall be improved to provide an all weather access for emergency vehicles to travel on the roadway. A27 Response: A2Z Response: Enclosed with this letter is an approval from the Kalispell Fre Chief of the constructed all weather surface extending Treeline Road to Four Mile Drive. 7. Upon submitting a preliminary plat application for phase 2 the developer shall provide the city with a detailed grading plan and identify those areas that will need a retaining wall over 3 feet for phases 2, 3, 4 and 5 including both the north and south sides of Four Mile Drive. These walls shall be subject to review by the city's site review committee for aesthetic purposes. Recommendations for aesthetic treatment of the retaining walls shall be f0lwarded on to the planning board and city council for consideration. Note: The subdivision and roadway grading presented shall be designed and constructed in a manner that would allow future connection to the properties south of Four Mile Drive be feasible. A2Z Response: The area of Bloomstone designated as "Phase 2" in this submittal was originally cited as "Phase 1 " in the PUD conditions of Ordinance 1635; so this condition is not applicable. 8. The internal streets proposed for the condominium project in phase 5 shall be required to include sidewalks on both sides unless a deviation from the city's street standards is requested. Garages for the condominium units shall be required to be a minimum of 20 feet from the sidewalk or edge of curb to discourage vehicles encroaching on the sidewalk or street. A2Z Response: Not applicable to this submittal of final plat on Phase 2. 9. The 11.3 acres immediately north of Bloontistone shall be shown us R-4/PUD zoned property under the ownership of the Department of Natural Resources and Conservation (DNRC) on all future preliminary and final plans unless instructed otherwise by the DNRC or City of Kalispell. A2Z Response: Acknowledged. 10. The power, phone, natural gas and cable television lines shall be located .within the alley right-of-way. Where an alley is not adjacent to the lot the power, phone, natural gas and cable television lines shall be located within a separate 5-foot easement outside of the road right-of-way easement. A2Z Response: Enclosed is an approval from the Public Works Engineering Department for the submitted public infrastructure construction pianset. 11. Staking by a licensed surveyor for each lot under 6,000 square feet shall be in place prior to and during construction of homes on the lots to assure setbacks are being met. Staking for building Page 9 of 12 foundations shall be offset from the foundation to assure stakes are in place during and after excavation of the building pad. A2Z Response: Acknowledged. 12. Condominium or apartment association shall be created forthemaintenance of the areas immediately surrounding the multi -family buildings in phase 1A, 4 and 5. A2Z Response: Not applicable to this submittal of final plat on Phase 2. 13. The developer shall provide the Parks and Recreation Department with a park improvement plan for the two tot lots in phase 1A, health and fitness trail, and one acre park in phase 4. At a minimum the park improvement plans shall include trails connecting with adjoining trails or sidewalks, turf, irrigation, and landscaping within the parks and a Ramada for the tot lot in phase IA. The developer shall provide other park amenities including but not limited to security lighting, children's play equipment, benches. trash receptacles, and drinking fountains, where appropriate. The plan shall be reviewed and approved by the Parks and Recreation Department in conjunction with the Police Department for the. security lighting. A2Z Response: An approval letter from the Kalispell Parks and Recreation Director shall be issued shortly and submitted to the planning office. 14. Prior to the final plat of phase IA the developer shall provide the city with a cash in lieu payment of 5.55 acres of land less the area of parkland for phase 1A. At the time the city is prepared to acquire the 11.3 acres of land immediately north of the Bloomstone subdivision, the remaining 10.52 acres of land shall be provided as a letter of credit for the city to draw upon. The cash in lieu payment and letter of credit value shall be based on the unimproved fair market value of the land devoted to lots. Note: At the Lime the Department of Natural Resources and Conservation land is acquired the remaining letter of credit funds shall be drawn upon to complete park improvements per the schedule approved in the park master plan referenced in condition 15. A2Z Response: The city plans for a park upon the DNRC lands seems to have been reconsidered 15. Prior to preliminary approval of phase 2 the Parks and Recreation Department in cooperation with the developer shall develop a park plaster plan for the 11.3 acre land immediately north of Bloomstone currently owned by the Department of Natural Resources and Conservation. The plan shall be implemented by the developer in a phasing schedule approved by the city council with input from the Parks and Recreation Department and planning board_ Note: Development of the 11.3..acreland does not include the construction of a community center swimming pool or any other facility not agreed upon in the park master plan. A2Z Response: The city plans for a park upon the DNRC lands seems to have been reconsidered. 16. Specifications for the bike/pedestrian trail construction shall meet current city standards with the width of the trail determined by the Parks and Recreation Department. Page 10 of 12 A2Z Response: An approval letter from fhe Kalispeli Parks and Recreation Director shall be issued shortly and submitted to the planning office. 17. A park maintenance district shall be formed in accordance with section 7-12- 4001 MCA incorporating all the lots within the Bloomstone subdivMon. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Such a district shall become effective upon recording the final plat of phases 1- 5 of the Bloomstone subdivision. A2Z Response: The same maintenance district that was formed for Phase l A West shall assume the lots for Phase 2. 18. In the event the Homeowners Association fails to maintain its properties, the park maintenance district program may be initiated by the city to provide maintenance for some or all of the public or private improvements. A2Z Response: Acknowledged. 19. The developer shall provide the Parks and Recreational Department a landscaping and irrigation plan for the common areas within the project site. The approved planting and irrigation plan shall be installed prior to final plat approval of the respective phase or appropriate bonding provided. A2Z Response: An approval letter from the Kalispell Parks and Recreation Director shall be issued shortly and submitted to the planning office. 20. A 31/2-foot tall vinyl fence shall be installed by the developer abutting the rear property boundary of lots 40-46,59-65, and 99-105 of phase IA, lots 81A and 80 of phase 113, and Iots 28A and lots 1- 8 of phase 2. All fencing shall be installed prior to final plat approval of the pertinent phase. A2Z Response: Bonding shall be provided to guarantee the installation of the required fencing. installation at this time would likely incur damage as every home/yard is constructed, graded and landscaped. 21. A note shall be placed on the final plat for phases IA,1B and 2 prohibiting the property owners of lots 40-46,59-65, and 99-105 of phase IA, lots 81A and 80 of phase IB, and lots 28A and lots 1-8 of phase 2 from installing any additional rear yard fencing. A2Z Response: A note will be added to the final plat to address this ifem. 22. A note shall be placed on the final plat of each phase including alleys stating that the alleys shall be privately maintained. A2Z Response: Phase 2 final plat does not contain any alleys. 23. That a minimum of two-thirds of the necessary infrastructure for this subdivision shall be completed prior to final plat submittal for each phase. The minimum of two-thirds of the necessary Page 11 of 12 infrastructure shall include the extension of water and sewer mains to the site and the necessary upgrades to the existing sewer lines to transport effluent back to the city sewage treatment plant. A2Z Response: As of the end of June 2018 the developer has installed almost all of the water, sewer, and stormwater infrastructure. The roadways have been sub -graded, baserocked and curbed. This level of effort constitutes at least 2/3rds of the necessary infrastructure. 24. The first phase, phase 1A, shall be filed within three years of approval of the effective date of the preliminary plat of phase 1A Each successive phase shall be filed within two years of final plat approval of the previous phase. In all events, each phase shall be freestanding in terms of public Infrastructure, services parks and open space. The city council may grant one year extensions for each phase of the project. A request for a one year extension must be made a minimum of 60 days prior to the expiration date of the phase. A2Z Response: The preliminary plat for Phase 2 was approved less than 3 years ago, October 2017. 25, That a development agreement be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms conditions and provisions of approval. The final plans approved, together with the conditions and restrictions imposed shall constitute the Planned Unit Development (PUD) zoning for the site. A2Z Response: Acknowledged. 26. A note shall be placed on the final plat of each phase of the development that all owners shall waive the right to protest an STD to upgrade Four Mile Drive from Stillwater Road to US Highway 93. A2Z Response: Since the time of the creation of this condition, Four Mile Drive has been improved from Stillwater Road to US Highway 93. Therefore the condition is no longer applicable. Page 12 of 12 Planning Department 20 t V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 1a-w-.v.kalisnell.conVp1anRjpg FINAL PLAT APPLICATION Project /Subdivision Name: Sloomstone Phase 2 Contact Person: Name: Jim Davis, Manager Address: 124 Swan Ridge Court Kalispell, MT 59901 Phone No.: 406.212.5133 Date of Preliminary Plat Approval: October 2nd, 2017 Owner & Mailing Address: Kalispell National Investment Co., LLC 124 Swan Ridge Court Kalispell, MT 59901 Type of Subdivision: Residential Industrial Commercial PUD X Other Total Number of Lots in Subdivision 46 Land in Project (acres) 9.29 Parkland (acres) 4 15 4~ Cash -in -Lieu $ Exempt No. of Lots by Type: Single Family 10 Townhouse 36 Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development All Condominium Multi -Family Other Legal Description of the Property Portion of Parcel 3, COS##17217, lying in Section 36, Township 29 North, Range 22 West, Flathead County, Montana FILING FEE ATTACHED $ Minor Subdivision with approved preliminary plat Major Subdivision with approved preliminary plat Subdivisions with Waiver of Preliminary Plat Subdivision Improvements Agreement $400 + $125/lot $800 + $125/lot $800 + $125 lot $50 DECEIVE® JUN 2 9 201 R MUM PLANNING DEPARTMENT 1 Attached Not Applicable (MUST CHECK ONE) x Health Department Certification (Original) x Title Report (Original, not more than 90 days old) x Tax Certification (Property taxes must be paid) x Consent(s) to Plat (Originals and notarized) x Subdivision Improvements Agreement (Attach collateral) A Parkland Cash--in--Lieu (Check attached) x Maintenance Agreement x 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. Da e `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 S. A tic to either an existing subdivision corner or a corner of the public land survey system 2 INSURED TITLES Insured Titles 44 4th Street West/P.O. Box 188 Kalispell, MT 59901 Phone: (406)755-5028I Fax: (406)755-3299 PR: AFFGRP Final Invoice To: Kalipsell National Investment Company LLC 124 Swan Ridge Ct. Kalispell, MT 59901 Attention: James Davis Your Ref.: RE: Property: 1070 Treeline Road, Kalispell, MT 59901 Buyers: Kalispell National investment Company, L.L.C. Sellers: Ofe: 0067(5255) Invoice No.: 5255 - 671010034 Date: 06/28/2018 Our File No.: 698688-FT Title Officer: Andrea Reum Escrow Officer: Customer ID: 618420 Liability Amounts Description of Charge 1 Invoice Amount Guarantee -Subdivision Guarantee $150.00 Comments: INVOICE TOTAL $150.00 Thank you for your business! To assure proper credit, please send a copy of this Invoice and Payment to: Attention: Accounts .Receivable Department Printed On: 06/28/2018, 9:58 AM Requester: ar Page: 1 GUARANTEE Issued by Insured Titles 44 4th Street West/P. O. Box 188, Kallspell, MT 59901 Title Officer: Andrea Reum Phone: (406)755-5028 FAX: (406)755-3299 Form 5010500 (7-1-14) Page 1 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 (7-1-14) Guarantee Face Page -Exclusions, Conditions and Stipulations 49��FRr� Guarantee Face Page Y* {y first American Title 1 ISSUED BY L 1 First American Title Insurance Company GUARANTEE NUMBER Guarantee 15010500-688688-FT S� AME�� � e Ik First American Title Insurance Company Oyrmis J. Gilmore fPresioenr Jeffrey 4. Rob'nson secremsy Form 5010500 (7-1-14) Page 2 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in (a) Defects, liens, encumbrances, adverse claims or other Schedule A of this Guarantee, the Company assumes no matters affecting the title to any property beyond the liability for loss or damage by reason of the following: lines of the land expressly described in the description set (a) Defects, liens, encumbrances, adverse claims or other forth in Schedule (A), (C) or in Part 2 of this Guarantee, matters against the title, whether or not shown by the or title to streets, roads, avenues, lanes, ways or public records. waterways to which such land abuts, or the right to (b) (1) Taxes or assessments of any taxing authority that maintain therein vaults, tunnels, ramps or any structure levies taxes or assessments on real property; or, (2) or improvements; or any rights or easements therein, Proceedings by a public agency which may result in taxes unless such property, rights or easements are expressly or assessments, or notices of such proceedings, whether and specifically set forth in said description. or not the matters excluded under (1) or (2) are shown (b) Defects, liens, encumbrances, adverse claims or other by the records of the taxing authority or by the public matters, whether or not shown by the public records; (1) records. which are created, suffered, assumed or agreed to by (c) (1) Unpatented mining claims; (2) reservations or one or more of the Assureds; (2) which result in no loss exceptions in patents or in Acts authorizing the issuance to the Assured; or (3) which do not result in the invalidity thereof; (3) water rights, claims or title to water, whether or potential invalidity of any judicial or non -judicial or not the matters excluded under (1), (2) or (3) are proceeding which is within the scope and purpose of the shown by the public records. assurances provided. 2. Notwithstanding any specific assurances which are provided in (c) The identity of any party shown or referred to in Schedule A of this Guarantee, the Company assumes no Schedule A. liability for loss or damage by reason of the following: (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. 3. NO DUTY TO DEFEND OR PROSECUTE. The following terms when used in the Guarantee mean: The Company shall have no duty to defend or prosecute any (a) the "Assured": the party or parties named as the action or proceeding to which the Assured is a party, Assured in this Guarantee, or on a supplemental writing notwithstanding the nature of any allegation in such action or executed by the Company. proceeding. (b) "land": the land described or referred to in Schedule 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE (A)(C) or in Part 2, and improvements affixed thereto ACTIONS; DUTY OF ASSURED CLAIMANT TO which by law constitute real property. The term "land" COOPERATE. does not include any property beyond the lines of the Even though the Company has no duty to defend or prosecute area described or referred to in Schedule (A)(C) or in Part as set forth in Paragraph 3 above: 2, nor any right, title, interest, estate or easement in (a) The Company shall have the right, at its sole option and abutting streets, roads, avenues, alleys, lanes, ways or cost, to institute and prosecute any action or proceeding, waterways. interpose a defense, as limited in (b), or to do any other (c) "mortgage": mortgage, deed of trust, trust deed, or act which in its opinion may be necessary or desirable to other security instrument. establish the title to the estate or interest as stated (d) "public records": records established under state herein, or to establish the lien rights of the Assured, or to statutes at Date of Guarantee for the purpose of prevent or reduce loss or damage to the Assured. The imparting constructive notice of matters relating to real Company may take any appropriate action under the property to purchasers for value and without knowledge. terms of this Guarantee, whether or not it shall be liable (e) "date": the effective date. hereunder, and shall not thereby concede liability or 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED waive any provision of this Guarantee. If the Company CLAIMANT. shall exercise its rights under this paragraph, it shall do An Assured shall notify the Company promptly in writing in so diligently. case knowledge shall come to an Assured hereunder of any (b) If the Company elects to exercise its options as stated in claim of title or interest which is adverse to the title to the Paragraph 4(a) the Company shall have the right to estate or interest, as stated herein, and which might cause select counsel of its choice (subject to the right of such loss or damage for which the Company may be liable by virtue Assured to object for reasonable cause) to represent the of this Guarantee. If prompt notice shall not be given to the Assured and shall not be liable for and will not pay the Company, then all liability of the Company shall terminate fees of any other counsel, nor will the Company pay any with regard to the matter or matters for which prompt notice fees, costs or expenses incurred by an Assured in the is required; provided, however, that failure to notify the defense of those causes of action which allege matters Company shall in no case prejudice the rights of any Assured not covered by this Guarantee. unless the Company shall be prejudiced by the failure and (c) Whenever the Company shall have brought an action or then only to the extent of the prejudice interposed a defense as permitted by the provisions of Form 5010500 (7-1-14) Page 3 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (40) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. 7. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Form 5010500 (7-1-14) Page 4 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations GUARANTEE CONDITIONS AND STIPULATIONS (Continued) Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY'. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. Form 5010500 (7-1-14) Page 5 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations %4, • M E �, �y Subdivision Guarantee t' 13rst American Title ISSUED BY " w log First American Title Insurance i GUARANTEE NUMBER Guarantee 5010500-688688-FT Subdivision or Proposed Subdivision: Bloomstone Phases 2, 3, 4, 5, 6 & Remainder Order No.: 688688-FT Reference No.: Fee:$150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: A2Z Engineering, PLLC FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00, THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: Legal Descriptions attached hereto as Exhibit A, and by this referenced incorporated herein. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Kalispell National Investment Company, L.L.C., a Montana limited liability company (B) Parties holding liens or encumbrances on the title to said lands are: NONE (C) Easements, claims of easements and restriction agreements of record are: 1. 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 as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County, Form 5010500 (7-1-14) Page 6 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations 2. 2018 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2017 $1717.12 PAID $1717.10 PAID 0011734 Resolution by the State Highway Commission of the State of Montana for Designation of Limited Access Highway, recorded December 6, 1989, as Doc. No. 1989-340-09150. 4. Resolution by the Transportation Commission of the State of Montana for Designation of Limited Access Highway, recorded November 14, 1997, as Doc. No. 1997-318-10050. Amended Resolution Designation of Controlled Access Highway and Facility, recorded October 8, 2004, as Doc. No. 2004-282-08180. Amended Resolution Designation of Controlled Access Highway and Facility, recorded February 11, 2010, as Doc. No. 2010-000-03450. Resolution No. 4661 by the City Council of the City of Kalispell for annexation, recorded November 2, 2001, as Doc. No. 2001-306-09060, and re -recorded January 15, 2002, as Doc. No. 2002-015-11150. 6. Terms and Conditions of Ordinance No. 1404 approving a Planned Unit Development and Declaration of Covenants, Conditions, and Restrictions, recorded January 15, 2002, as Doc. No. 2002-015-11180. 7. Reservations contained in Deed. In favor of: State of Montana Recorded: July 19, 2006, as Doc. No. 2006-200-15460 As follows: the right to enter upon said land, to prospect for, develop, mine and remove such mineral deposits therefrom Ordinance No. 1635 authorizing and adopting an amendment to the Spring Prairie Planned Unit Development Agreement in association with the construction and development of Bloomstone Subdivision, recorded July 14, 2008, as Doc. No. 2008-000-19710. Ordinance No. 1657 authorizing and adopting an amendment to the Spring Prairie Planned Unit Development Agreement in association with the construction and development of the emergency operation center, recorded April 21, 2009, as Doc. No. 2009-000-11170. 10. Amendment to Latecomers Agreement for Reimbursement for Municipal Water and Sewer System Extensions between Owl Corporation AND the City of Kalispell, recorded May 18, 2011, as Doc. No. 2011-000-10329. Memorandum of Understanding recorded August 16, 2011, as Doc. No. 2011-000-16731. 11. Memorandum of Right of First Refusal by Treeline Village, LLC filed April 27, 2015, as Doc. No. 2015- 000-07928. Form 5010500 (7-1-14) Page 7 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations 12. Covenants, Conditions and Restrictions recorded March 23, 2017 as Doc. No. 2017-000-05996, but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c). 13. Notice of Right to Claim a Lien filed by Knife River - Intermountain Region on November 29, 2017, as Doc. No. 2017-000-29392. Date of Guarantee: June 25, 2018 at 7:30 A.M. Insured Titles By: Authorized Countersignature Form 5010500 (7-1-14) Page 8 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations That portion of the SWi/4 of Section 36, Township 29 North, Range 22 West, P.M.,M., Flathead County, Montana, described as follows: Commencing at the Center 1/4 Corner of Section 36; Thence along the North line of the SW1/4 of Section 36, N 89058'06" W 426.50 feet to a point lying on a 420.00 foot radius curve, concave Southeasterly, having a radial bearing of S 06013'22" E; Thence Southwesterly along said curve through a central angle of 83050'46" along an arc length of 614.62 feet; Thence S 001104'08" E 152.23 feet to the to the POINT OF BEGINNING, said point being the beginning of a 280.00 foot radius curve to the right; Thence Southwesterly along the curve through a central angle of 58100'30" along an arc length of 283.48 feet; Thence S 57056'22" W 128.37 feet to the beginning of a 220.00 foot radius curve to the left; Thence Southwesterly along the curve through a central angle of 57056'22" along an arc length of 222.47 feet; Thence South 204.22 feet; Thence West 516.15 feet to the Easterly right of way of the Kalispell Bypass North as described in Document No. 20100009740; Thence S 03035'40" E 812.31 feet; Thence S 15013'16" E 524.16 feet; Thence S 89044'07" E 634.71 feet to the beginning of a 8,264.44 foot radius curve to the right; Thence Southeasterly along the curve through a central angle of 02002'38" along an arc length of 292.62 feet to the beginning of a 8,264.44 foot radius curve to the left; Thence Northeasterly along the curve through a central angle of 03031'56" along an arc length of 506.56 feet; Thence N 88046'00" E 16.33 feet; Thence N 00004'05" W 1,656.65 feet; Thence S 89048'52" E 24.85 feet; Thence N 00004'05" W 277.14 feet; Thence N 89054'46" W 801.47 feet; Thence N 00004'08" W 91.72 feet to the POINT OF BEGINNING. Form 5010500 (7-1-14) Page 9 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations First American u _ N ELF Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information - particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of yeur personal information. Applicability This Privacy Policy governs our use of the information that you provide to u5. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless or its source. First American calls these guidelines its Fair information Values. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: Information we receive from you on applications, forms and in other communications to us, whether in writing, In person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated part[e5 except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore, we may also provide all the information we tolled, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. Confidentiality and Security We Mil use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our hest efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First Amerlcan Financial Corporation is sensitive to privacy issues on the Internet. We believe it is important you know how we treat the information about you we receive on the Internet. In general, you can visit First American or its affiliates Web sites on the Worid Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect the domain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. First American uses this information to measure the use of our site and to develop ideas to improve the content of our site. There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time of collection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specific account/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above. Business Relationships First American Fknanc€al Corporation's site and its affiliates' sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of "cookie" technology to measure site activity and to customize information to your persona€ tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie an your hard drive. FirstAm.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public record and emphasize its importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Where possible, we will take reasonable steps to correct inaccurate information. When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and an the responsible collection and useof data. We will encourage others in our industry tc collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PR VACY (4-1-10) Page 1 or 1 1 Privacy Information ( 2001-2010 First American Financial Corporation) Form 5010500 (7-1-14) Page 10 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations 0 a ^cJ' :.. eue}uoW o'�°N ma ��g�n� y w O `{ a �� anaAe� �evo�cu�wip 4 G _RPykyk ` "ti, N., hah pp field l4eUl uga"i 7 �v�wdopnap aua;swoo,e —� - - -- — ---- w. nr �I 8 Lg. 8 �j L_ i a i E ' 71� nup a�g5raa `� � y aN A �y u " u �� �9 �ttqq CyoC�V mSY NO� OTR -,Lqa9N ,Y .N :P4 EItoFF � �W4—O�ok���Q YM 4l��Nil1 --tG ' P.9f 01 e1 �1➢- ��° l'V9 e=MUU_�NN TU_UN�Oi N _ �g i i ouci di_-;,iJ zQa Oor eiN i d s0. 0. Otis o J1t- OLd RESERVE bR I "' m1rNff /}77 I I I � ! I ! I O I r �Q I his This is GLACIER HIGH�SCHO�L. and the oasssinginlocat,4rc tF, for variationsPfny aSSLmes n I I! f INSURED TITLES with actua 5 I Ec 3a 4 I 1 --- —�- - - - -- - ----- +P d�yw I �,ry , TAT E I / nWERWOV PK , I / 5+ I O I — --— -- --—-- — — — —— L— 7R1=ELNE fitU I / � (- I 5+ MONTANA I I I , I I --------------- I I 2(0-4--aa I d' r�l r H H 0 0 �i O rn ol N to CQ 0 w O -ri JJ «1 O LI-I 0 44 0 N Eti O 0 0 O 0 O rI • a o r O Ui M am N Ur N a r w O � r P; O N Q 0 H �➢ qJ P; rl 0 r� U rt Q1 0 0 U] o a N H-1 r r ,� L➢ lD f� LIl Ol r 0 H O d H 41 fa U) r PPy' CD r tD r-I CD r r r o 11 0 o N O o N N m m r O O O rb H `^� m r•j O N La H ,4 U d Pa �,D HI V 0 E� W a r .H H 00 4J W J J P4 r.1 Q U OOP H-I r-a H Hi to i 00 z r-)alQ0 4 0 Cif P: 01 z i} H W Ln Ln U] z 11 .0o z H � E� UHI Fl � �zz�CrZW�I M Pa 3 04 Q, r M m co Cl) U r4 H H Cl H Ln HI rl d1 h Fad OH o HI El H x 04 I r1 H d d to h H-I LO r-I La O -r1 7+ to cu a m H n m a ra m rn 0 a ON dvQN d' m m r m r w O O M d^ O H r'1 r dp rl r-dr O m m m m m m m m CD aO O O m vN r-I r m Nm r cr O 0F1rr 0 0 m mNNOON Ln 00 mr DNS m-41 rLow r P4-4r-lrrlDwrrrrlfld' wr-1NmNmNr rrd d'1:1411 o 0 0 0 CD HNOOOOOO Hr- IHHiHIHEHr-IH"r-Ir-I Hr-fHHH"HHHH H oO OOO 0000 OIDID nor- r 00 O N O lD M ID Oj oa 0000000 o m m o00 ri d'rn ON oNmm 04 . . . . . . . . . . . a a CD0000000 Ln co 001D r HM CD a 61 d'N O dvN [r m Ln0 N NrN O H N r-I 0 P Q W O o o o O 0 0 0 0 O 0 0 m" o o O O 0 0 0 0 0 o p O o 00 O CD O O O a 0 0 l0 lD O a a 000OOo0 CD 0 CD o a O O O O O O O O O r r o a O o O O O o O O O o 0 H A O E1 Q0Ncr i4N d• 00 01 r m HN O O ID r o" M mt r m Hl O N N m M r r N N OOm H O 0>H r r 0061 U1 N N O O to lD 00 al rn a O Ln M, r r HI HI WrlHrrlotorrrrHH r-Irid, zvNNNNLnm arrd•dv-t, v T 0000 o00000CD0mm rl H" H H H r! H Hi HI H H H ri H H HI HI HI H 0 O CD r r l0 l0 Ln is t d� d� rl M N N N N N o 61 R3 0� 0� c0 QHHr-Ir-IH HHIHr-IHIHH H1HHHr-Ia000O O H o o 0000 o o O 0 CD CD O O O o 0 O 0 O O0 F N N N N N N N N N N N N w w N N N N N N N N N N W \\\\\\\\\\\,-ro l� \\\\\\\\\\ H CD m N H{ OD m H O m Ol r -r-I -r-I r-I HI H ri Ln OD HI H H HI W mNNN r-f NNOMrI NN O timm m N1N OH, HH Hi F[Ln A Ln H Ln N N N Ln N cD N WCD OW LO NNNNN qa-iOHOH0HCDH m'I a000CD, HHIHr-Ir-I rn ZN -iNHIN HNHNr�NHINr-I NHINHINr--INr-iNr-I H H HI H r1 r-I r-I r-I r-t H HI r(1 m O O O 0 N N N N M M A ID ID w Io LD lD w lD lD w Olm lD LD LD l9 LU lD lO w LD IP LDw d•d' V d1d4tdrermCDV d+d'cP dpd+dV �p ,T d;�p, H O a 0 0 0 0 0 0 0 O r r 0 0 a 0 0 0 0 0 0 0 0 O pq O a o 0 o o o 0 0 o In Ln a o o o o o o 0 o a a 0 �} �C r r ID 110 Ln Ln d"dV MmNNNNr-I H 00 Ol OI CO co rr HHHriHIHHHHH rr r-IHr-I Hr-tHCD00acm) o a Ei o 0 0 0 0 0 0 o a a 000 0 0 0 a o 0 0 a o 0 0 N N N N N N N N N N N N N N N N N N (N N N N N N Cj x m M p! r- r ID LD Ln Ln m rn N N N N H r-I O O U1 0) OD CU r r H O 4HHF-ir-I H H H-I HI H HI ri H HI H HI r-IH r-I OOOOoa Ey W O a a 0 0 0 0 0 0 0 0 0 a a a a 0 o 0 0 0 o o O rn }i N N N N N N N N N N N N N N N N N N N N N N N N H Ea ESCROW AGREEMENT THIS ESCROW AGREEMENT is made this day of ........ 2018, by and between KALISPELL NATIONAL INVESTMENT COMPANY, LLC, a Montana limited liability company, 124 Swan Ridge Court, Kalispell, Montana 59901 herein referred *^ as "KNIC"; The CITY OF KALISPELL, MONTANA, P.O. Box 1997, Kali 59903, herein referred to as "City"; and INSURED TITLES, i Missoula, MT 59801, herein referred to as "Escrov THE PARTIES AGI J A. KNIC bdivision Improvement Agreement dated referred to as the "SIA" regarding the de, as Bloomstone, Phase 2, located at Assess 4), SW 1/4 of Section 36, T29N, R22W, P A copy of that SIA is attached and inc( t 1. B. One iA is to provide a financial security of One Hunarcu .. ) of the estimated total cost of construction certain improvemt,.�L„ in Exhibit A to the SIA ("Improvements"). In addition, the SIA further „quires KNIC to deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City, in the amount of Four Hundred Twenty Nine Thousand Nine Hundred Fourty Five Dollars and Eighty Eight Cents ($429,945.88), and that such 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: i. That the creditor guarantees funds in the sum of $429,945.88, the estimated cost of completing the required improvements in Bloomstone, Phase 2. ii. That if KNIC fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter. C. The date set for completion of the Improvements is September 1, 11913E-111 D. In lieu of a Letter of Credit, KNIC and the City have agreed that KNIC execute an assignment document related to certain securities owned by KNIC set forth in the attached and incorporated Exhibit 2 ("Assignment"), which shall be held in escrow with Escrow Agent pending completion of the Improvements or the expiration of the date set for completion of the Improvements, and to release the Assignment in accordance with the instructions set forth below. Escrow Agreement Kalispell National Investment Company, LLC / City of Kalispell / Insured TitlesPage - 1 - NOW, THEREFORE, FOR VALUABLE CONSIDERATION, IT IS FURTHER AGREED: 1. Execution of Assignment, KNIC has executed the Assignment, which shall enable the City to liquidate the Securities to the extent necessary to finance the completion of the Improvements up to the amount of $429,945.88 in the event that KNIC does not timely complete the Improvements. 2. Escrow of Assignment. Upon execution of this Agreement, KNIC shall deliver the Assignment to Escrow Agent and the Assignment shall be held in escrow by the Escrow Agent. The Assignment shall be released by the Escrow Agent upon the terms and conditions hereinafter specified. 3. Release of Assignment. Upon KNIC's timely completion of the Improvements, and upon KNIC submitting to Escrow Agent an affidavit of completion executed by the City, the Escrow Agent shall release the Assignment to KNIC. If KNIC fails to timely complete the Improvements as required by the SIA, and upon the City submitting to Escrow Agent an affidavit of non - completion, the Escrow Agent shall release the Assignment to the City, and the City shall be able to liquidate the Securities to the extent necessary to finance the completion of the Improvements up to the amount of $429,945.88, provided that the unused portion of any of the Securities, and any unused portion of funds obtained from liquidating any of the Securities, shall be transferred and assigned back to KNIC. The City agrees to execute any document necessary to assign any of the unused Securities back to KNIC. 4. Dispute. In case of a dispute between the parties hereto, Escrow Agent, at its option, is authorized to hold all monies pertaining to this escrow in its possession until Seller and Buyer mutually direct the Escrow Agent in writing as to the disposition of the monies, or Escrow Agent may dispose of the escrow by interpleader or other suitable action, and Escrow Agent shall not be liable to the parties for such retention or action. 5. Limit on Liability. Escrow Agent shall not be liable for any act or omission as escrow agent done in good faith in the exercise of its best judgment, and any act or omission upon advice of its attorney is conclusive evidence of good faith. 6. Escrow Fees. KNIC agrees to pay the reasonable fees of Escrow Agent, if any, for its services under this Agreement. 7. Notice. Any notice to be given hereunder shall be in writing and shall either be served upon a party personally, or served by overnight delivery service directed to the party to be served at its address set forth below: To KNIC: Kalispell National Investment Company, LLC 124 Swan Ridge Court Kalispell, Montana 5990I With Copy To: Mark W. Buckwalter Buckwalter Law Firm, PLLC 40 2nd St. E., Suite 222 Kalispell, Montana 59901 Escrow Agreement Kalispell National Investment Company, LLC / City of Kalispell / Insured litlesPage - 2 - To City: Doug Russell City Manager City of Kalispell, Montana P.O. Box 1997 Kalispell, Montana 59903 With Copy To: Charles A. Harball, City Attorney City of Kalispell 201 First Avenue East Kalispell, Montana 59901 To Escrow Agent: Insured Titles 1724 Fairview Avenue Suite C Missoula, MT 59801 Notice served by overnight delivery service shall be deemed complete on the next business day following deposit with the overnight delivery service, and if sent by fax, notice shall be deemed complete when transmission of the fax is confirmed by the sending party. A party wishing to change its designated address shall do so by notice in writing to the other party given in accordance with this paragraph. 8. Time. Time is of the essence of this Agreement. 9. Remedies. In the event of any default hereunder, the non -defaulting parties shall have all remedies available at law or in equity, including but not limited to specific performance. If any party defaults in its performance hereunder and another party employs an attorney to specifically enforce this Agreement, the defaulting party agrees to pay, on demand, all costs, charges and expenses, including reasonable attorney and paralegal fees, incurred by the party pursuing specific performance. 10. Amendment. This Agreement shall not be modified, amended or changed in any respect except by written document signed by all parties hereto. 11. Interpretation. This Agreement shall be governed by the laws of the State of Montana. 12. Facsimiles and Counterparts. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original, but all such counterparts shall constitute one and the same instrument. As used herein, "counterparts" shall include full copies of this Agreement signed and delivered by email or facsimile transmission, as well as photocopies of such email or facsimile transmissions. 13. Binding Effect. The terms and conditions hereof shall inure to the benefit of, and shall be binding upon, the heirs, legal representatives, and successors of the parties hereto. Escrow Agreement Kalispell National Investment Company, LLC / City of Kalispeh / Insured TitlesPage - 3 - Kalispell National Investment Company, LLC ,Jifn Davis, Manager fli.NU City of Kalispell Doug Russell, City Manager "City" Attest: Aimee Brunckhorst, City Clerk INSURED TITLES By: Its: "Escrow Agent" Escrow Agreement Kalispell National Investment Company, LLC / City of Kalispell / Insured TitlesPage - 4 - Return to: Aimee Brunckhorst Kalispell City Clerk 201 1 ' Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION E"ROVEM[ENT AGREEMENT THIS AGREEMENT, made and entered into this day of _ , 20 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Kallspelt National Investment Company, LLC _ (Name of Developer) a Montana limited ltabtllty company (Individual, Company or Corporation) located at 124 Swan Ridge Court, Kalispell, MT 59901 (Street Address/P. 0. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WTTNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Bloomstone, Phase 2 (Name of Subdivision) located at Assessor's Tract 5C (Assessors No. 0011734), SW 114 of Section 36. T29N, R22W, P.M.M., Flathead County, Montana (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Btoomstone, Phase 2 upon the conditions as set forth (Name of Subdivision) 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 $ 343,956.70 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, EMBIT U m a the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $429.945.88 . 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 $ 429,945.88 completing the required improvements in Bloomstone, Phase 2 (Name of Subdivision) the estimated cost of b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by September I , 2018 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be fled 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 -TWIT-. That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. if the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Btoomstone, Phase 2, Kalispell National Investment Company, LLC (Name of Subdivision/Developq�/Fire by V. E_ y:'4 'y' ,; i Manager (Name) / (Title) STATE OF MONTANA COUNTY OF Flathead " y , 20 1 , before me, a Notary Public for the State On this ;' � � day of ` _�„�.. � : }- of Montana, personally appeared .lam Davis , known to me to be the Manager of Kalispell National Investment Company. LLc �, whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first Ahnve written. Notary Public € r the tat"f Montana Printed Name �c -A Residing at � r, �� - �A 4�T _ My Commission Expires MAYOR, CITY OF KALISPELL MAYOR � i•i6b LEY MAGSTAOT �tiy @� �SARi,�`'�Oa NOTARY PUBLIC for ¢he r Stag: of Montana * SElA * Foy[ y�'�a Residing at Kalispell, Mongena my Commission Eapirns l`iCivernber 01, 2020 ATTEST: CITY CLERK EXMBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana, EXHIBIT B. This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving Street Base Sidewalks Curbs and Gutters Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Systems Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/Boulevard trees Other ( ) SUBTOTAL FEES TOTALS COSTS TOTAL COLLATERAL (TOTALS COSTS X 125%) RESOLUTION NO, 5840 A RESOLUTION CONDITIONALLY AFPROVINC THE PRELIMINARY PLAT OF BLOOMSTONE SUBDIVISION P ASES 2-6, DESCRIBED AS A PORTION OF �IRACT 5C 'lied THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 29 NORTH, RANGE 22 NEST, P.M.M., FLATHEAD COUNTY, MONTANA AND AS MORE PARTICULARLY DESCRIBED ON EXHIBIT "A". WHEREAS, Kalispell National Investment Company, LLC, the owners of the certain real property described above, have petitioned for approval of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on September 12, 2017, on the proposal and reviewed. Subdivision Report #KPP-17-03 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary PIat of Bloomstone Subdivision, Phases 2-6, subject to certain conditions and recommendations; and WHEREAS, the City Council of the City of Kalispell at its regular Council Meeting of October 2, 2017, reviewed the Kalispell Planning Department Report #KPP-17-03, reviewed the recommendations of the Kalispell City Planning Board and Zoning Corninrission, 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-17-03 are hereby adopted as the Findings of Fact of the City Council. SECTION 2. That the application of Kalispell National Investment Company, LLC for approval of the Preliminary Plat of Bloomstone Subdivision, Phases 2-6, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: Conditions: 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. 2, All applicable conditions within Ordinance 1635 (Bloomstone PUD) shall apply. p 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. 4. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water 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. 5. 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 Storm Water Discharge Associated with Construction Activities. 6. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 7. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. 8. 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. 9. 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 fetter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 10. Treeline Road shall be extended to Four Mile Drive with an all weather surface prior to final plat of Phase 2, 11. Trecline Road shall be fully improved to city standards prior to final plat of Phase 3. 12. The path along Four Mile Drive shall be extended to the eastern property boundary prior to final plat of Phase 4. 13. Four Mile Drive improvements that meet the requirements of the City of Kalispell Construction and Design Standards shall be completed prior to final plat of Phase 4. This includes a left turn lane at Treeline Road and Foxglove Drive. 14, Treeline Road and Foxglove Drive shall have 3 lanes at the intersection with Four Mile Drive. 15. No additional public or private accesses are permitted onto Four Mile Drive other than Treeline Road and Foxglove Drive. 16. The water line shall be looped through the remainder parcel between Treeline Road and Foxglove Drive prior to final plat of Phase 4. The water line shall be located within a city street. 17. A 12" water line shall be extended to the northwest corner of Lot 55 prior to final plat of Phase 3. The City of Kalispell is responsible for the upsizing of the water line from an 8" line to a 12" line. 18. 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 required fire flows shall be installed per city specifications at approved locations. Fire flows shall be in accordance with International Fire Code. 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. d. Street naming shall be approved by the Fire Department. e. Addressing shall comply with the International Fire Code and Kalispell Fire Department Standard Operating Guidelines. f. Required fire flows shall be verified and approved by the Kalispell Fire Department prior to combustible construction. 19. 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 20. 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. 21. A letter shall be obtained from, the Kalispell Parrs 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, 22. A parks plan for the areas designated as "park and walking trail" shall be approved by the Parks and Recreation Director, 23. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 24. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. 25. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 26. All utilities shall be installed underground. 27. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. S ECTffON 3. 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 THE CITY OF KALISPELL, THIS 2ND DAY OF OCTOBER, 2017. Mark Johnson Mayor ATTEST: Airdet Brunckhorst, CMC = ' City Clerk a �2 i'' �: EXHi[ 51T "A" Bloom, stone Phases 2, 3, 4, 5, 6 & Remainders Legal Description: That portion of the SW 1/4 of Section 36, Township 29 North, Lange 22 West, P.AVI.M., Flathead County, Montana, described as follows: Commencing at the Center 1/4 Corner of Section 36; Thence along the North line of the SW 1/4 of Section 36, N 89"58'06" W 426.50 feet to a point lying on a 420.00 foot radius curve, concave Southeasterly, having a radial bearing of S 06° 13'22" E; Thence Southwesterly along said curve through a central angle of 83°50'46" along an arc length of 614.62 feet; Thence S 00°04'08" E 152.23 feet to the POINT OF BEGINNING, said point being the beginning of a 280.00 foot radius curve to the right; Thence Southwesterly along the curve through a central angle of 58°00'30" along an arc length of 283.48 feet; Thence S 57°56'22" W 128.37 feet to the beginning of a 220.00 foot radius curve to the left; Thence Southwesterly along the curve through a central angle of 57a56'22" along an arc length of 222.47 feet; Thence South 204.22 feet; Thence West 516.15 feet to the Easterly right of way of the Kalispell Bypass North as described in Document No. 20100009740; Thence S 03°35'40" E 812.31 feet; Thence S 15013'16" E 524.16 feet; Thence S 89°44'07" E 634.71 feet to the beginning of a 8,264.44 foot radius curve to the right; Thence Southeasterly along the curve through a central angle of 02°02'38" along an are length of 292.62 feet to the beginning of a 8,264.44 foot radius curve to the left; Thence Northeasterly along the curve through a central angle of 03°31'56" along an arc length of 506.56 feet; Thence N 88"46'00" E 16.33 feet; Thence N 00°04'05" W 1,656.65 feet; Thence S 89°48'52" E 24.85 feet; Thence N 00°04'05" W 277.14 feet; Thence N 89°54'46" W 801.47 feet; Thence N 00°04'08" W 91.72 feet to the POINT OF BEGINNING, containing 62.25 acres of land, all as shown hereon. Subject to and together with easements as shown. Subject to and together with easements of record. l� �r A2Z Engineering, PLLC • 138 East Center Street, Suite A • Kalispell, MT 59901 Phone: (406) 755-7888 " Fax: (406) 755-7880 r www.a2z-engineering.com June 20, 2018 City of Kalispell Public Works PO Box 1997 Kalispell, MT 59903 406.758.7720 Re: Bloomsfone Phase 11 Engineer's Estimate of Remaining Infrastructure Attached to this letter is an engineer's estimate of the costs to construct the remaining improvements for the Bloomstone Phase 2 Subdivision. The grand total is $343,956.70. Robert Smith, PE Project Engineer r"rsa°usvoo ©8 R-r • SM! 0 's No 12592 P190. g -k s<,. 4t ' �`�S • cF N S �O••\�t�'r °rr"rssH••s FaEXHIBIT 7A BLOOMSTONE PHASE 2 - REMAINING IMPROVEMENTS - DESCRIPT=ON QUANTITY UNIT UNIT COST TOTAL COST STREET & SIDEWALKS 1 4" ASPHALT 64,000 SF $ 1.73 $ 110,720.00 2 CURB & GUTTER 1,500 LF $ 13.81 $ 20,715.00 3 4" SIDEWALK 15,000 SF $ 3.53 $ 52,950.00 4 ADA RAMP 14 EA $ 47-'..47 $ 6,642.58 5 JMH COLLARS 22 EA $ 4%6.53 $ 10,483,66 6 JCB APRONS 6 EA, $ 476.53 $ 2,859.18 7 IVALVE COLLAR 9 EA $ 326.63 $ 2,939.67 8 IMAILBOX CONCRETE 48 c� $ 4.88 $ 234.24 ELECTRICAL/COMM/GAS 9 SINGLE PHASE VAULTS 5 EA $ 750.00 $ 3,750.00 10 LIGHT BASES VAULTS 8 EA $ 650.00 $ 5,200.00 11 3" CONDUIT 5,500 LF $ 1.90 $ 10,450,00 12 2" CONDUIT IT 2.800 LF $ 1,12 $ 3,136.00 13 ICONDUIT 2 X 1.25 REDUCER 1 l EA $ 2.98 $ 32-78 14 CONDUIT ROPE 10,000 LF $ 0.06 $ 600.00 15 CONDUIT 3' SWEEPS 70 EA $ 15.50 $ 1,085.00 16 CONDUIT 2" SWEEPS 40 EA $ 11.75 $ 470.00 17 CONDUIT WARiNING TAPE 3 EA $ 24,50 1 $ 73.50 PARK/GREEN SPACE 18 IRRIGATION CITY FEES 2.00 EA $ 10.000.00 $ 20,000.00 19 IRRIGATION SYSTEM 1.00 EA S 1 1,250M $ 11,250.00 20 PARK AREA - SIDEWALK 5FT 3373.00 SF $ 3.53 $ 11,906.69 21 PARK AREA - SIDEWALK BASE 6" 65A0 CY $ 59.36 $ 3,858.40 22 PARK AREA - TREES 56.00 EA $ 425.00 $ 23,800.00 23 PARK AREA - BBALL CT CONCRETE 2,500.00 SF $ 4.88 $ 12,200.00 24 PARK AREA - BBALL CT BASKETS 1.00 EA $ 2,000,00 $ 2,000.00 25 PARK AREA - SOD 70,000,00 SF $ 0.38 $ 26,600.00 GRAND TOTAL COSTS TO COAAP,.ETE = $ 343,956.70 ASSIGNMENT This Assignment is made by and between Kalispell National Investment Company, LLC currently of 124 Swan Ridge Court, Kalispell, MT 59901 ("Assignor") and The City of Kalispell, Montana, P.O. Box 1997, Kalispell, Montana 59903, ("Assignee"). THE PARTIES AGREE AS FOLLOWS: RECITALS WHEREAS, Assignor is the owner of certain securities set forth in the attached and incorporated Exhibit "A" ("Securities"); and WHEREAS, Assignor and Assignee have entered into a Subdivision Improvement Agreement dated , 2018 ("SIA") regarding the development of a subdivision known as Bloomstone, Phase 2, located at Assessor's Tract 5C (Assessor's No. 001734), SW 1/4 of Section 36, T29N, R22 W, P.M.M., Flathead County, Montana; and WHEREAS, one of the obligations of Assignor in the SIA is to provide a financial security of One Hundred Twenty Five percent (125%) of the estimated total cost of constructing certain improvements set forth in Exhibit A to the SIA ("Improvements"). In addition, the SIA further requires Assignor to deposit as collateral with the Assignee a Letter of Credit, or other acceptable collateral as determined by the Assignee, in the amount of Four Hundred Twenty Nine Thousand Nine Hundred Fourty Five Dollars and Eighty Eight Cents ($429,945.88), and that such 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: That the Creditor guarantees funds in the sum of $429,945.88, the estimated cost of completing the required improvements in Bloomstone, Phase 2. ii. That if Assignor fails to complete the specified improvements within the required period, the creditor will pay to the Assignee immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limit of credit stated in the letter; and WHEREAS, the date set for completion of the Improvements is September 1, 2018; and WHEREAS, in lieu of a Letter of Credit, Assignor and the Assignee agreed that Assignor, shall, on behalf of KNIC, execute an assignment document related to the Securities, which shall be held in escrow with Insured Tides, 1724 Fairview Avenue Suite C, Missoula, Montana, 59801 ("Escrow Agent"), pending completion of the Improvements or the expiration date set for completion of the Improvements; and WHEREAS, Assignor and Assignee have agreed that upon Assignor's timely completion of the Improvements, and upon Assignor submitting to Escrow Agent an affidavit of completion executed by the Assignee, the Escrow Agent shall release the assignment document to Assignor. Assignor and Assignee have also agreed that if Assignor fails to timely complete the Improvements as required by the SIA, and upon the Assignee submitting to Escrow Agent an affidavit of non -completion, the Escrow Agent shall release the assignment document to the Assignee, and the Assignee shall be able to liquidate the Securities to the extent necessary to finance the completion of the Improvements up to the amount of $429,945.88, provided that the unused portion of any of the Securities, and any unused portion of funds obtained from liquidating any of the Securities, shall be transferred and assigned back to Assignee; and WHEREAS, Assignee, in the event that Assignor does not complete the Improvements by the expiration date set for completion of the Improvements, desires to assign the Securities to Assignee so that Assignee may liquidate the Securities to the extent necessary to finance the completion of the improvements up to the amount of $429,945.88. NOW THEREFORE, in consideration of the mutual covenants contained in this agreement to assign, it is further agreed as follows: 1. Assignor, upon Assignee submitting to Escrow Agent an affidavit of non - completion after the date set for the completion of the Improvements has expired, and by these presents, assigns all of Assignor's right, title and interest in the Securities to Assignee. Assignee shall also be entitled to liquidate the Securities to the extent necessary to finance the completion of the Improvements up to the amount of $429,945.88, and any unused portion of any of the Securities, and any unused portion of funds obtained from liquidating any of the Securities, shall be transferred and assigned back to Assignor. 2. Assignor further agrees that this Assignment shall apply not only to the Securities as currently held, but also to any securities or cash for which they are traded as part of the management by Charles Schwab, and with the exception of trades and exchanges made as part of the management of the Securities, Assignor shall not liquidate any of the Securities. Assignor: Kalispell National Investment Company, LLC 01 i' � 3 Dated: 6Z2 , 2018 Its: 1k << Assignee: City of Kalispell Dated: , 2018 Doug Russell, City Manager BLOONISTONE HOIIEOWNERS' ASSOCIATION, INC. BYLAWS ARTICLE I NAMES, DEFINITIONS, AND OFFICES Section 1.1 VOine_ The name of the Corporation is Bloomstone Honnem\ners' Association. Inc.. a \lontana non-profit Corporation (tine --Association"). Section 1.2 Dc finilions_ Any definitions set forth in the Declaration of Cotenants, Conditions and Restrictions of Bloomstone Subdivision, as amended from time to time and recorded in the office of the Clerk and Recorder of Flathead County, Montana (the `Declaration"}. will apple to these Bala\ s. All defined tennis used in these Bylaws will lia\e the same meaning as the defined terms used in the Declaration. unless the defined terms in these Bylaws or the context of these Bylaws clearly indicates otherwise_ Section 1.3 Princilwil Office. The Association's principal office shall be located within Flathead County, Montana. The Association's most current "A --UAL REPORT" filed with the Montana Secretary of State, shall identify the location of the principal office. The Board of Directors may- desicynate the location of these other offices. The secretary of the Association shall maintain a cope of all records required by Section 2.17 of Article II at the principal office. Section 1.4 Registere,1 (ffice. The :association's 'REGISTERED OFFICE" shall be located within Montana at the address of the Association's `'REGISTERED AGENT". The location of the REGISTERED OFFICE may be, but need not be identical Nvith that of the principal office if the latter is located within Montana. The Board of Directors or a majority of the \-lembers mat- chanLe the Registered Agent and the address of the Registered Office from time to time upon filing the appropriate statement with the Secretary of the State of Montana. ARTICLE 11 MEMBERSHIP Section 2.1 Members. (a) Afembershij). Each Owner of a Lot shall be a lylember of the Association with such voting and other ri4hts and obligations as set forth herein and in the Declaration. (b) Nondiscrimination. Membership in the Association shall be available without reYgard to race, color. creed. religion, sex. age, marital status, physical or mental handicap or national origin. or ancestry. (c) Membership Rights and Obligotions. All Members have the same rights_ privileges, and obligations as set forth in these Bylaws and in the Declaration. Section 2.2 Annual Membership fleeting. The Members shall convene their annual nneetim, on the first pn a of rbegiinnin�� Nvith the rear 2015 at the hour of 6:00 PAI., or at another til4le on another day within the month that the Board of Directors designates. At the annual nneetinu. the \lembers shall elect Directors and transact any other business as may come before the meeting. Pa1*e t of 17 If the date of the annual meeting is a legal holiday in Montana. the meeting shall be held on the next succeeding business da%. Section 2.3 Special Membership Meetings. The President. Secretary. Board of Directors. or 25% of the Members may call a special membership meeting for any purpose or purposes described in the meeting notice. if 25% of Members request a special meeting. they must do so in vvriting-. and sign. date. and deliver the demand to an- corporate officer at least 10 but not more than 15 daks before the Association must give notice of the meeting. the President shall then call the special meeting on these Members' behalf. For purpose of determining whether- the Members have met the 25% requirement. the record date is at 5:00 P.M. on the 30`h day before delivery of the demand for a special meeting to any corporate officer. Section 2.4 Membership Meetings by Conference Telephone. Members ma% participate in a membership meeting. if authorized by the Board of Directors. by means of a conference telephone or similar communications equipment. provided all persons entitled to participate in the ineeting received proper notice of the meeting and provided all persons participating in the meeting can hear each other at the same time. A member participating in a meeting by conference telephone is deemed present in person at the meeting. The chairperson of the meeting may establish reasonable rules as to conducting business at any meeting at which _Nlembers participate by phone. Section 2.5 Place of Membership yleeting. The Board of Directors may designate any place within Flathead County. Montana as the meeting place for any annual or special meeting of the Members. The Members may change the meeting place if all the Members entitled to vote at the meeting agree by written consents to another location. The written consents may be in the form of -,waiver of notice or other"vise. The new location may be either within or outside the State of Montana. If the Board of Directors does Ilot designate a meeting place, then the Members shall meet at the principal office of the Association. Section 2.6 Notice of Membership Meeting. (a) Requirecl notice. The Secretary of the Association shall deliver notice of the membership meeting to each record ;Member. (b) :lIc7nner Uf Co11111 unication. The Secretary" of the Association may deliver to rile Members notice of the 111enlbership meeting by a separate written notice. or by a newsletter of the Association. The notice must be given Ina fair and reasonable manlier; it niust be ill writing and inust state the place. day and hour of any meeting. If Members may participate telephonically. the notice, in addition to designating the time and place, must designate the appropriate telephone number for telephonic participation. (c) E,fi ctive Date. The Secretar\ shall deliver the notice, either personally or b1. :nail. not less than 10 nor more than 60 days before the date of the meeting. Notice shall be deemed to be effective at the earlier of the follo��in�,: ( l ) the date when the notice is deposited in the United States mail. if mailed postpaid and correctl% addressed to the Xlember at the Member's designated address provided to the :association by such Member for notice purposes: or Page 2 of 17 (2) the date when received. (d) Adjourned Meeting-- If the Members adjourn any membership meeting to a different date. time. or place, the Secretary need not give notice of the new date, time and place_ if the ne\% date, time, and place is announced at the meeting before adjournment. But if the Board of Directors fix a new record date for the adjourned meeting, or must fix one pursuant to Section 2.8. then the Secretary must give notice, in accordance with the requirements of paragraphs (b) and (c) of this Section 2.6 to those persons who are Members as of the new record date. (e) 117 airer of Notice. A Member entitled to a notice may waive notice of the meeting (or any notice required by the Montana Nonprofit Corporation Act or these Bvlativs), by a writing sinned by the i%lember. The Member must send the notice of waiver to the Corporation (either before or after the date and time stated in the notice) for inclusion in the minutes or tiling with the corporate records. F A Member's attendance at a meeting: (1) waives the I eniber's right to object to lack of notice or defective notice of the meeting, unless the iviember at the beginning of the meeting objects to holding the meeting or transacting business at the meeting. (2) waives the Members right to object to consideration of a particular matter at the meeting that is not within the purpose or purposes described in the meeting notice, unless the Member objects to considering the matter when it is presented. (0 C'ontenrs of Aolice. Unless otherwise provided by the Montana Nonprofit Corporation act, the notice of an annual membership ineetim7 need only state in general terms a description of the meeting's purpose or purposes. HoLvever. the notice of each special membership meeting shall include a description of the meeting's purpose or purposes. Regardless of whether the notice is of an annual or special membership meeting, if a purpose of the meeting is for the N-[embers to consider either: (1) a proposed amendment to the articles of Incorporation (including any restated articles requiring ivleinber approval). (2) a plan of merger; (3) the sale. lease; exchange or other disposition of all, or substantially all of the Association's property; (4) the dissolution of the Association; or (5) the removal of a Director, then the notice must state this pLLil]ose and be accompanied by a copy of summary. it applicable, of the: (1) amendment to articles; (2) plan of merger; or (3) transaction for disposition property. of all or substantially all of the Association's Likewise, if the Association inclemriiftes or advances expenses to a Director as provided b\- the 1\4ontana Nonprofit Corporation Act or these Bylaws. the Secretary shall report this information in writing to all the `-lembers with or before notice of the next membership meeting. Page 3 of 17 Section 2.7 Conduct of Membership _Meetings. (a) Conduct of _Lleetinga. The President, or in the President's absence. the Vice - President. or in their absence, any person chosen by the Members present shall call the membership meeting to order and shall act as the chairperson of the meeting. The chairperson (or a person designated by the chairperson) shall establish rules of the meeting that will freely facilitate debate and decision making. The chairperson Nvill indicate �vho may speak Nvhen and when a vote will be taken. The Secretary of the Association shall act as the Secretary of all meetings of the 1\tembers. but in the Secretary's absence. the presiding officer may appoint any other person to act as the Secretary of the meeting. (b) Order of Business•. The order of business at a membership meeting shall be as follows: ( I ) call to Order. (2) reading Of prior nliilUtes, (3} election of Directors, if that is the putpOse the meeting, (4) business specified by the notice, (5) unfinished business. (6) new business.. (7) adjournment. At the annual meeting. the President and Treasurer shall report on the activities and financial condition of the Association. Section 2.8 Fixing of Record Date (a) Fixing a Record Date. For the purpose of determining the Members entitled to notice of or to vote at any meeting. or to express consent to any proposals to which Membership consent is required, the Board of Directors of the Association may fix. in advance. a date as the record date for determination of those Nlembers who are so entitled. The Board may also fix a record date to determine which Members belong in a group for an} proper purpose involving matters pertinent to the association. The record date shall not be more than 20 days nor less than l day before the notice of any meeting, general Or special, is first delivered to Members. In all other events the record date elected by the Directors play be no more than 10 days and no less than 3 days before the first notification of Men-ibers' rights to express consent or to belong to a group is delivered to Members. (b) A'o Record Data is Fixerl. If the Board of Directors does not fix a record date, the record date for determination of Members entitled to notice of or to vote at any rnecting. or to express consent or to belong to any group, shall be at 5:00 PAM. on the day preceding the day on which notices to Members so entitled are First delivered. (c) Adjournment. In the event of an adjournment, the Board of Directors play fix a new record date. The Board of Directors must fix a new record date if the meeting is adjourned to a date more than 70 days after the date fixed for the ori-inal meetinwo. Section 2.9 Membership list (a) Contents of List. After the Board fixes a record date for notice to \iembers, the officer or agent maintaining the Association's record books shall prepare a complete record of the Members entitled to such notice. The record shall include the address of each Member. Pa ,e 4 of 17 (b) Inspection. The membership list must be available for inspection by any Member, beL,Inning 2 business days after the Secretary first t7ives the notice for which tl�e list was prepared. The list will continue to be available throughout the meeting. The list shall be located for inspection at the association's principal office or at a place identified in the meeting notice in the cite where the mecting, is to be held. A Nlember or the \iember's agent or attorney is entitled, on written demand. to inspect and, subject to the requirements of paragraph (c) below, to copy the list during regular business hours. The Member snail be responsible for any reasonable inspection and copying expenses. The Association shall maintain the membership list in written form or in another form capable of conversion into written form within a reasonable time. (c) Limitations on Use of Men7bership List. Without consent of the Board. a membership list or any part of it may not be obtained or used by a person for any purpose unrelated to a Ivlember's interest as a Member. This prohibition anainst use of membership list for unrelated purposes includes but is not limited to: 4 (1) usin` the list to solicit money or property unless the money of property will be Used solely to solicit the votes of Consents of Nlembei's ill any nutter submitted to Members for theirapproval. (2) usinc, the list for any commercial purposes; or (3) the selling or purchasing of the list_ Section 2.10 Membership Quorum and Voting Requirements (a) Quorum. Forth percent (40°'0) of the votes entitled to be cast oil a matter must be represented at a meeting of \Members to constitute a quorum on that matter. Once a quorum is represented for any purpose at a meeting. the Association shalt deem it present for quorum purposes for the remainder of the meeting and for any adjournment of the meeting unless a new record date is or must be set for that adjourned meeting. (b) Toting. I a quorum exists, and the votes cast in favor of an action (other than the election of Directors) constitute a majority of the votes present at the nieeting, then the Association shall consider the action on a matter approved. (c) iVumber of Votes. Each Ut. regardless of flow held, shall be entitled to one vote on all matters submitted to iMembers for approval. Section 2.11 Proxies At all membership meetings, a \'limber ma,,- vote in person. or by proxy. The (Member signing all appointment form. either personally of by attorney-in- lllav appoint a proxy t0 vote by fact. The Association shall consider a proxyappointment valid if niade in 11L'l tmyL- and filed with the Secretary of the Association before or at the time of the meeting. No proxy shall be valid after I I niontlls from the date It was made. Unless otherwise provided In the proxy. Section 2.12 Voting of \'lembership Each Member (sul3ject to the provisions of Section 110) is entitled to one Vote oil each platter voted on by the \Members. [.finless otherwise stated in these Byla\vs_ ,\-hen Members vote to take action oil a matter. a majority rote shall carry. Paizz5of17 Section 2.13 Association's Acceptance of Votes (a) I1hen Signature Corresponds to _l.feniber's .fame. If the name signed on a vote, consent. waiver, or proxy appointment corresponds to the name of a Member, the Association, if acting in good faith. is entitled to accept the Dote, consent, waiver, or proxy appointment and give it effect as the act of the Member. (b) When Signature Doesn't Correspond to Nfeniber s :lame. If the name signed on a Vote, consent. waiver, or proxy appointment does not correspond to the name of a Member, the Association, if acting in good faith. is nevertheless entitled to accept the vote, consent, waiver. or proxy appointment and give it effect as the act of the N/lember if: (1) the Member is an entity as defined in the iMontana Nonprofit Corporation ,act and the name signed purports to be that of an officer or attorney -in -fact of the Member and. it the Association requests, evidence acceptable to the Association of the signatory's authority to sign for the %Member has been presented with respect to the vote, consent, waiver. or proxy appointment; ('i) the name signed purports to be that of an officer or attorney -in -fact of the Nieniber and. if the Association requests. evidence acceptable to the Association of the signatory's authority to sh n for the Member has been presented with respect to the vote, consent. Nvaiver, or proxy appointment, (3) two or more persons hold the membership as households, cotenants or fiduciaries and: (i) the name signed purports to he the name of at least one of the coholders: and (ii) the person signino appears to be acting on behalf of all the coholders. (c) Doubt .4bout Falidity, of'Signature. The Association is entitled to reject a vote. consent, waiver, or proxy appointment if the Secretary or other officer or agent attthorized to tabulate votes, actin: in good faith, has reasonable basis for doubt about the validity of the SiElature or about the signatory's authority to sign for the Member. (d) No Liability. The Association and any officer or agent who accepts or rejects a vote, consent, waiver. or proxy appointment in good faith and in accordance with the standards of this Section are not liable in damages to the lrlember for the consequences of the acceptance or rejection. Section 2.1.1 Informal Action by Members The Members may act on an. matter generally required or permitted at a membership meeting, without actually meeting. if 801 o of the Members entitled to vote on the subject matter sign one or more written consents) to the action: the %lembers must deliver the consent(s) to file Association for inclusion In the minute boob. Section 2.15 Members Electing Directors (a) Board Deterrnin(ition of Melhod. The Board of Directors shall be vested with authority to determine how the candidates for the Board of Directors shall be selected and Piae 6 of 17 whether or not the Directors shall be elected at a duly called meetings or by informal action as set forth in Section 2.14 of these Bylaws. (b) Determination of [iinnei-s ofElection. Those nominees elected to the Board shall be those nominees receivinz the largest number of votes. For example, if three Board positions are open, the three receiving the highest number of votes will be elected. Cumulative voting is not authorized. Section 2.16 Corporate Records (a) .1finrrtes and .-1 ccounting Records. The Association shall keep a permanent record of the minutes of all meetings of its Members and Board of Directors. a record of all actions taken by the Members or Board of Directors without a mcetinz. and a record of all actions taken by a committee of the Board of Directors acting in place of the Board and on behalf of the Association. The Association shall maintain appropriate aecountin-_ records. (b) .1embership fist. The Association shall maintain a record of the Members' names and addresses. The membership list shall indicate each ylember is entitled to one note. (c) Forrtr. The Association shall maintain its records in written form or in another form capable of conversion into %written form within a reasonable time. (d) Other Records. The Association shall keep a copy of the following, records at its principal office or at a location from which the records may be recovered within 2 business days: (1) its Articles or restated Articles of Incorporation and all amendments to them currentIN in effect: effect: (2) its Bylaws or restated Bylaws and all amendments to them Currently in (3) resolutions adopted by its Board of Directors, (4) the minutes of all membership meetings, and records of all actions taken by Members without a meetinll, for the past 3 years- (5) the financial statements furnished for the past 3 years to the Members; (6) a list of the names and business addresses of its current Directors and officers; and. (7) its most recent annual report delivered to the Secretary of State. Section 2.17 NIember's Rights to Inspect Corporatte Records (a) Absolute Inspection Rights ol'Records kt. Vember'.s. A Member (or a N-lember's agent or attorney) is entitled to inspect and copy. at a reasonable time and location specified by the Association_ anv of the records of the Association described in Section 2.16. The `letnber must dive the Association written notice or a written demand to inspect at least 5 days before the date on which the \•[ember wishes to inspect and copy. (b) Conditional Inspection Right, The Member (or the klember`s agent or attorney) inay inspect and copy, at a reasonable time and reasonable location specified by the Association, additional records (listed in Section 2.16) if the Member meets the following criteria: Pa-.e 7 of 17 (1) the Member mast give the Association a written demand to inspect made in good faith and for a proper purpose at least 5 business days before the date on which the Nfember Nvishes to inspect and copy-: and (2) the Member must describe with reasonable particularity: (1) the Member's purpose: and (ii) the records that the \Member desires to inspect: and (3) the Association must approve that the records are directly connected with the N-lember's purpose. (c) .41ddrlaonal Records. If the 'Member meets the requirements of paragraph (b) (1). (2) and (3) above. the !Member may inspect and copy: (1) excerpts from millutes of any meeting of the Board of Directors. records of an\- action of a committee of the Board of Directors acting on behalf of the Association. minutes of ariv ineetin,, of the \Members. and records of action taken by the Members without a meetin<4to the extent not subject to inspection under (paragraph (a) of Section 2.17. and Q) accounting records of the Association. and (3) subject to provisions of Section 2.16. the membership list- (d) Copy Costs. The right to cope includes the right to photograph. xerox, or copy by other reasonable means. The Association may impose a reasonable charge. covering the costs of labor and material, for copies of any' documents provided to the iMember. The charge may not exceed the estimated cost of production or reproduction of the records. ARTICLE III. BOARD OF DIRECTORS Section 3.1 General Powers The business and affairs of the Association shall be managed Linder the direction of tilt Board of Directors. Section 3.2 number, Tenure, and Qualifications of Directors Subject to provisions pertaining to Kalispell National Investment Company, L.L.C. (hereinafter '`Declarant') control as provided in the Declaration, the number of the Directors of the Association shall be 3. Each Director shall have one vote on any platter that comes before the Board. Each Director shall hold office Lintll the next annual membership meeting or until replaced or removed in accordance with the terms of the Declaration or these Bylaws. If the Director's term expires, the Director shall continue to serve until the Members have elected and qualified a suecessor or until the number of Directors is decreased by action of the Directors or by the Members. Fending matters pertaining to Declarant's control. Directors need not be residents of Montana, but must be either \Members of the Association or the designated voting ,Member of any corporation, limited liability company. partnership. or other entity which is a tilember of the Association. r Section 3.3 Declarant's Control pane 8 of 17 The Declaration provides that the Declarant shall maintain controls over the conduct of affairs by the Association subject to the provisions. conditions.. and requirements set forth in the Declaration. Until termination of said control. the Directors of the Association shall be appointed or placed in office as provided in the Declaration. Directors appointed by the Declarant need not be `[embers. shall hold office at the pleasure of the Declarant. and shall be replaced at the pleasure of the Declarant. Section 3.4 Removal of Directors Except for those Directors appointed by the Declarant during the term of Declarant's control. Directors may be removed, with or without cause, if a majority of the Members present at a duly constituted meeting vote for the removal. Removal is effective only if it occurs at a meeting called for that purpose. The notice of said meeting must be sent to all Members and Directors and recite specifically therein that the purpose or a purpose of the ilheeting is removal of the specified Director. Section 3.5 Board of Directors Vacancies if a vacancy occurs on the Board of Directors. including a vacancy resulting from an increase in the number of Directors. the Directors [nay fill the vacancv. It the�Directors remaining in office constitute fewer than a quorum of the Board. they may fill the vacancy by the affirmative rote of a majority of all the Directors remaining in office. If a Director resigns effective at a specific later date. the Directors may fill the vacancv. before the vacancv occurs. but the new Director may not take office until the vacancy aCtualiv Occurs. When the Directors elect a Director to fill a vacancy. the Director's term expires at the next membership meetino at which Members elect Directors Section 3.6 Meetings of the Board of Directors The Board of Directors shall hold a reLTular meeting immediately after. and at the same place as, the annUal membership meeting. No notice of the Directors meeting, other than these Bylaws. is required. The Board of Directors may provide by resolution the date, time and place where additional regular meetings may be held. Unless approved by the. Board of Directors unanimously, the regular meeting of the Board of Directors insist be held in the county_ where the company's principal office is located. Section 3.7 Special NNIeetings of the Board of Directors The presiding officer of the Board. the President of the Association. or any, or'�0°ra of the Director's then in office. may request a special nheeting of the Board of Directors. The presiding officer of the Board shall fix the place and time where the special meeting shall be held. Unless otherwise approved by the Board unamIlIOLISIv. the location of any such special mecting shall be in the county where the Association has its principal office. Section 3.8 Participation in Board of Directors Meeting by Telephone Conference At anN meeting of the Board of Directors. including the regular meeting, upon the request of any Director, the Director or any Member of a designated committee of the Association inav participate in any regular or special Board meeting by means of a conference telephone or similar communication equipment. In such an event, all persons entitled to participate in the meeting must receive proper notice of same and all persons participating must be able to hear each other at the same time. All or any persons participating by- telephone or other similar corrhthhuilication equipment are deenhed present at the meeting. The chairperson of the illeetino shall establish reasonable rules to insure the intent of this paragraph is met. Pace 9 of 17 Section 39 Notice of, and Waiver of Notice for, Special Directors -Meetings (a) Notice. The .Association's Secretary shall give either oral or written notice of anN- special Director meeting at least 5 days before the meeting. The notice shall include the meeting place. day and hour. The Secretary will use all reasonable efforts to provide that all Directors attend said meeting either in person'or by telephonic or other communication means. (b) Effective Date. If mailed, notice of any Director rneeting shall be deemed to be effective at the earlier of: (1) 5 days after deposited in the United States mail, addressed to the Director's business office. with postage prepaid; or (2) the date shown on the return receipt (if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the Director); or (3) the date when received. (c) ff aiver qf' No ice. Am, director may waive notice of anv meeting. The waiver nlLlsl be 111 wr'llinu. signed by the Director entitled to the notice. and tiled \with the minutes or corporate records. A Director's attendance at a meeting waives the Director's right to object to lack of notice or defective notice of the meetincl; unless the Director. at the beginning of the meeting. (or promptly upon arrival), objects to holding the meeting. or transacting business at the meeting, and does not vote for or assent to action taken at the meeting,. Neither the Secretary nor Director needs to specify in the notice or waiver of notice the business to be transacted at, or the purpose of, any special Board meeting. Section 3.10 Directors, Quorum, and Directors Manner of Acting (a) A majority of the number of Directors shall constitute a quorum for the transaction of business. (b) The act of a majority of the Directors present at a meeting at which a quorum is present shall be the act of the Board of Director's. If no quorum is present, the Directors may not take action on any Board matter other than to adjourn the meeting to a later date. Section 3.11 Directors Action Without a ]Meeting The Directors inay act on any matter generally required or permitted at a Board meeting, Without actually meeting. if: all the Directors take the action. each one signs a written consent describing the action taken. and the Directors file all the consents Nyith the records of the Association. Action taken by consent is effective When the last Director su-nis the consent. sinless the consent specifies a different effective date. :A signed consent has the effect of a meeting vote and may be referred to as a meeting vote in any document. Section 3.12 Directors Committees (a) Creation of Connnittees. The Board of Directors may create one or more committees and appoint members of the Board to serve their. Each committee must have two (2) or more Directors, who serve at the pleasure of the Board of Directors. Face 10 of 17 (b) Section of _Weinher•s. To create a committee and appoint members to it. the Board must acquire approval by the majority of all the existing Directors when the action is taken. (c) Authority. Each committee may exercise the specific Board authority which the Board of Directors confers upon the committee in the resolution creating the committee. Provided, however. a committee may not: (l) approve or recommend to Members dissolution. merger. or the sale, pledge, or transfer of all or substantially all of the Association's assets, (?) elect, appoint, or remove Directors or fill vacancies on the Board of Directors or on anv of its committee: or (3) adopt_ amend, or repeal the Articles or Bylaws. Section 3.13 Compensation for Directors Director Compensation. The Board of Directors may, upon approval of the majority of that Board, pay each Director expenses, if anv. of attendance at each Board meeting or committee meeting of the Board. The Directors shall not be paid a salary or fee for attending the meeting. A Director may, hoxvever, serve the Association as an employee and receive compensation. SECTION IV. OFFICERS Section 4.1 Number of Officers The officers of the Association shall be a President, a Vice President, a Secretary. and a Treasurer. The Board of Directors shall appoint each of these officers. The Board may appoint other officers and assistant officers, including, additional Vice -Presidents, if it deems it necessarv. If the Board of Directors specifically authorizes an officer to appoint one or more officers or assistant officers, the officer may do so. The same individual May simultaneously hold more than one office in the association. Section 4.2 Appointment and Term of Office The Board of Directors shall appoint officers of the Association for a term that the Board determines. If the Board does not specify a term. the officers shall hold office for one year or. within that year, until they resign. die or are removed m a manner provided in Section =1.3. A designation of a specified term does not grant to the officer anv contract rights, and the Board can remove the officer at any time prior to the termination of the designated term. Section 4.3 Removal of Officer The Board of Directors may remove an,,. officer or agent any time. ,vith or without cause. The removal shall be Nvithout prejudice to the contract rights, if anv. of the persons removed. A Board's appointment of an officer or agent shall not of itself create contract rights. Section 4.4 President The President shall he the principal executive officer of the Association. The President shall be subject to the control of the Board of Directors. and shall in general supervise and control, in good faith. all of the business and affairs of the Association. The President shall, Paae 1 t of 17 when present. preside at all meetings of the Board of Directors_ The President may sign, with the SecretarN or any other proper officer of the Association that the Board has authorized. Association deed. tnlortuaves, bonds. contracts, or other Board authorized instruments. Section 4.5 The Vice -President The Vice -President. or if there is more than one. the Vice -Presidents in the order in which they were appointed. shall perform. in good faith. the President's duties if the President is absent. dies_ is unable or refuses to act. If a Vice -President acts in the absence of the President, the Vice -President shall have all Presidential powers and be subject to all the restrictions upon the President. (If there is no Vice -President or the Vice -President is unable or refuses to act, then the Secretary shall perform the Presidential duties.) The Vice -President shall perform any other ditties that the President or Board may assign to the Vice -President. Section 4.6 The Secretan- The Secretary shall in good faith: (1) create and maintain one or more books for the minutes of the proCeedinLs of the tMembers and of the Board of Directors; (2) provide that all notices are served in accordance with Bylaws or as required by law-. (3) be custodian of the corporate records; (4) when requested or required, authenticate anv records of the Association, (5) keep a current register of the post office address of each 'Member; and (G) in general perform all duties incident to the office of Secretary and any other duties that the President or the Board nnav assign to the Secretary. Section 4.7 The Treasurer The Treasurer shall: (1) have charge and Custody of and be responsible for all funds and securities of the Association; (?) receive and give receipts for monies due and payable to the :Association from anv source, and deposit all mollies in the Association's name in banks. trust companies, or other depositaries that the Board shall select; (3) submit the books and records to a Certified Public Accountant or other accountant for annual audit or review; and (4) in general perform all of the duties incident to the office of Treasurer and any other duties that the President or Board may assign to the Treasurer. if required by the Board of Directors. the Treasurer shall give a. bond for the faithful performance of the Treasurer's duties and as insurance against the misappropriation of fields. If a bond is required, it shall be in a sum and with the surety or sureties that the Board of Directors shall determine. Section 4.3 Assistant Secretaries and Assistant Treasurers The assistant Secretaries and assistant Treasurers, in general. shall perform the dirties that the Secretary or Treasurer, respectively, or the President or Board may assign to them. The assistant Treasurers shall, if required by the Board, give bonds for the faithful performance of their ditties and as insurance against the misappropriation of funds; the bond shall be to sums and with the sureties that the Board of Directors shall determine, Section 4.9 Salaries, Loins to, or Guarantees for Officers The Board of Directors may fix and or adJust salaries of the officers from ttnie to tinle. ARTICLE V. I'\DENI\IFICATION OF DIRECTORS, OFFICERS, AGENTS, AND EAIPLOYEES Section 5.1 Indemnification of Directors pane 12 of t ; An officer and the Board of Directors of the Association, any persons acting on a committee of the .association who is made a party to a proceeding because individuals is or was a Director or acting on behalf of a Director. shall be and will be indemnified by the Association against all or anv liability incurred. if said individual conducted hinlself'herself in good faith, reasonably believed in his/her official capacity that the conduct exercised was in the Associations best interest. and had no reasonable cause to believe either, that the conduct or actions were either unla\yful or were not in the best interest of the Association. In determining whether indemnification is applicable, the termination of any proceeding by judgment. order. settlement, conviction, or any plea is not of itself a determination that the Director or officer did not meet the standards described in this indemnification section. This provision for indemnification does not extend to any matters in which the Director or officer is jud`ed liable to the Association or the Director or officer is charged with and found to have received personal benefit whether or not arising in his/her official capacity. Nothing in the indemnification provisions herein contained is deemed to limit or in any way abrogate any mandatory indemnification provisions for officers. Directors, and agents of nonprofit corporations provided for from time to time by law. Section 5.2 Advance Expenses for Directors The .Association may pay for or reimburse. in advance of final disposition of the proceeding. the reasonable expenses incurred by a Director who is a party to a proceeding it: (1) by following the procedures of the ivlontana Nonprofit Corporation Act the Board of Directors determined that the Director met requirements (3)-(5) listed below: and (?) the Board of Directors authorized an advance payment to a Director. and (3) the Director has furnished the Association with a written affirmation of the Directors' ,00d faith belief that the Director has met the standard of conduct described in Section 5.1 of Article V, and (4) the Director has furnished the Association with a written undertaking, executed personally or on the Director's behalf. to repay the advance if it is ultimately determined that the Director (lid not meet the standard of conduct; the Director's undertaking must be an Unlimited general obligation, but need not be secured, and the Association may accept the undertaking without reference to financial ability to make repayment; and r 4 (5) the Board of Directors determines that the facts then known to it would not preclude indemnification tinder Section 5.1 of this Article V or the Montana Nonprofit Corporation Act. Section 5.3 Indemnification of Officers, Agents and Employees The Board of Directors may choose to indemnify and advance expenses to any officer. employee. or argent of the Corporation applying those standards described in Sections 5.1 and 5.2 of Article V. Section 5.4 Mandatory Indemnification Notwithstanding any other provisions of these Bylaws;. the Corporation shall indemnify a Director or officer, wvhO waS wholl\' SUCCeSSfUl. on the merits or otherwise.. in the defense of an)' Page 13 of 17 proceeding to %vhich the Director or officer was a party because he or she is or was a Director or officer of the Association. against expenses incurred b�- the Director or officer in connection with the proceeding. ARTICLE VI. CONTRACTS, LOANS, CHECKS AND DEPOSITS; SPECIAL CORPORATE ACTS Section 6.1 Contracts The Board of Directors may authorize any officer or officers. agent or agents, to enter into anv contract or execute or deliver any instruments in the nan-ie of and on behalf of the Association and such authorization Inav be general or confined to specific instruments. Section 6.2 Loans The .-Association shall not allow anyone to contract on behalf of it for indebtedness for borrm,ved money unless the Board of Directors authorizes Such a contract by resolution. The Association shall not allow anyone to issue evidence of the Association's indebtedness unless the Board of Directors authorizes the issuance by reSOliltlon. The authorization may be general or specific. Section 6.3 Checks, Drafts, etc. The Board of Directors shall authorize by resolution which officer(s) or agents) may sign and issue all Association checks. drafts or other orders for payment of money. and notes or other evidence of indebtedness. The Board of Directors shall also determine by resolution the manner in which these documents will be signed and issued. Section 6.4 Deposits The Treasurer shall deposit all funds of the Association, that are not being used. in banks and other depositories; the Board of Directors shall authorize by Board resolution the exact location of the banks and depositories. ARTICLE VII. PROHIBITED TRANSACTIONS AND PRECEDENCE Section 7.1 Prohibited Transactions (a) Prohibition 1-1gainst Sharing in Corporation Earnings, No I'vieniber. Director, officer, employee. committee member, or person connected with the Association shall receive at any time any of the net earnings or pecuniary profit from the operations of the Association; provided that this shall not prevent the Association's payment to any person of reasonable compensation for set -'ices rendered to or for the Association in effecting any of its purposes as determined by the Board of Directors. (b) Prohihltlon .4gainst Issuance Uf ,stack. Divittent1s, Distributions. The Association shall not have or issue shares of stock. No dividends shall be paid. No part of the inconic or assets of the .Association shall be distributed to amof the persons listed in Section 2.1 \vithout full consideration. The Association is prohibited from lending money or to guarantee the obligation of a Director or officer of the .Association. No member of the Association has any vested right, interest or privilege in or to the assets, property. (unctions or activities of the :association. The Association may contract in due course. for reasonable consideration_ with its klembers. Directors or officers without violating this provision. Page 14 of 17 (e) Vo Personal Distributions Upon Dissolution. \one of the persons listed in Section 2. l (a) shall be entitled to share in the distribution of any of the Association's assets upon the dissolution of the Association. All lvlembers of the Association are deemed to have expressly agreed that. upon the dissolution or the winding up of the affairs of the Association. whether Voliuntary or involuntary. the assets of the Association, after all debts have been satisfied, then remaining in the hands of the Board of Directors, shall be distributed, transferred. conveyed, delivered, and paid over exclusively to the organization or organizations as the Board of Directors ma`- designate. Receiving oraanizations must be organized and operated exclusively for charitable. education, religious or scientific purposes and at the time qualify as an exempt organization or oraanizations under Section -501(c)(3) of the Internal Revenue Code of 1986 as it now exists or may later be amended. (d) Other Prohibitions. Neither the Association. nor its Directors, nor its officers have any power to cause the Association to do any of the following with Related Parties: (1) make any substantial purchase of securities or other property. for more than adequate consideration in money or money's worth; (') sell any substantial part of its securities or other property, for less than an adequate consideration in money or money's worth. For the purpose of this subsection, Related Parties means any person who has made a substantial contribution to the Association, or with a brother, sister, spouse, ancestor, or lineal descendant of the person giving. or with a corporation directly or indirectly controlled by the person giving. Section 7.2 Recognition of Covenants Covenants, conditions and restrictions contained in the Declaration as same exist or as same ma; be amended shall take precedence over these Bylaws in the event of conflict in terms. ARTICLE VIII. OPEN SPACE AND COMMON AREA iVIANAGEMENT PLAN Section 8.1 Responsibility for Open Space and Common Area Management The Declarant shall be responsible for maintenance of the Open Space and Common Areas within the Bloon7stone Subdivision, which shall include maintenance of the sound wall and stormwater manairennent measures, until Declarant has sold seventy percent (70%) of the single family lots within the Bloomstone Subdivision and Declarant has notified the Association in writing that the Declarant has determined that no additional property shall be added to the Bloomstone Subdivision. and then responsibility for such maintenance of the Open Space and Common Areas «with the Bloonistonc Subdivision shall be transferred to the Association. ARTICLE IY. ANMENDNIENTS Section 9.1 Amendments (a) General. An amendment (including adding and replacing Sections) to the Associations Bylaws must be approved by the majority of Members of the Association except that the Board may approve of amendments. if the amendment does not relate to the number Of Directors, the composition of the Board. the terns of office of Directors, or the method or Nvay in which Directors are elected or selected; or the method for amending these Bylaws. Pace 15 of 17 (b) A -notice of dleeting to Dote Amendment. If the Board or the Members seek to have the amendment approved by the Members at a membership meeting, the Secretary shall give written notice to the Members of the proposed membership meeting, in accordance with Section 2.6. The notice must state that the purpose, or one of the purposes. of the meeting is to consider the proposed amendment and must contain or be accompanied by a copy or seminary of the amendment. (e) Approval of Aniendment ky 1i'ritten Consent or Krilten Ballot. It the Board or the Members seek to have the amendment approved by the Members by written consent or by written ballot, the material soliciting the approval must contain or be accompanied by a copy or a summary of the amendment. (d) :llember'.s Rights. The Members may amend or repeal or reinstate any Bylaws amended, deleted or added by the Board of Directors. IN WITNESS WHEREOF the Undersigned Incorporator, pursuant to § 35-2-217 (1), MCA, has executed and hereby certifies these Bylaws as du{y adopted by said Corporation this 2* f"" day of February, 2015. Page 16 of 1-7 STATE OF MONTANA ) ) ss. Countv of Flathead ) On this ' day of February 2015, before me the undersigned, a Notary Public for the State of Montana. personally appeared Mark W. Buckwalter. as Incorporator of Bloomstone Homeowners" Association. Inc.. known to me to be the person whose name is subscribed to the within instrument, and acknowledged to nee that he executed the same. IN WITNESS WHEREOF, I have hereunto set nay hand and affixed. Notary Seal the day and year fist above written. Goof Airj CAROL PITT ;dzM,�r ay NOTARY PUaLIC for the State of Montana Resia-ng at KatisDell. Montana '77�� ' My Cammission Expires July 10. 2016 Notary Public for the State of.,�ipntana Printed Namc: 5q RUB. / f�- Page 17 of 17 SECRETARY OF STATE P Linda McCulloch -- State of N $1,11 FEB 19 N15 Montana State Capitol PO Box 202801 Helena, MT 59620-2801 ROCKY MOUNTAN LAW PARTNERS PLLP PO BOX 1758 KALISPELL NIT 59903 CERTIFICATE OF FILING I, L.INDA McCULLOCH, Secretary of State of the State of Montana, do hereby certify that BLOOTYISTO E HO-MEOW ERS' ."SOOIATION, INC, filed its ARTICLES OF NCORI'ORATION ur this office and has fiilf►lled the applicable requirements set forth in law. By virtue of the authority vested in the office, I hereby issue this certificate evidencing cling effective an the date shown below. I wish you the best of luck wit-, all your future endeayors as part of the \Montana business community. Certified File Number: D258063 - 1596516 Dated: February 13, 2015 Effective Date: February 12, 2015 The first Annual Report must be delivered to the Secretary of State between January I and April 15 of the year followin the calendar year in which a Domestic or Foreign Corporation or Limited Liability Company was incorporated or authorized to transact business. Subsequent Annual Reports must be delivered to the. Secretary of State between Ri ultu•y 1 and April 15 each year thereafter. Lit}da McCulloch Secretary of State II 11111 1]illJillllll loll �i111111����lllll l l�llll'lll D 2 5 2 9 6 3+ * 1 5 9 6 5 1 5. OUT X E OF r1UTAMA FILED `�-Xy tiL ; ARTICLES OF INCORPORATION OE BLOOMI STO E HWEOWNERS' ASSOUkTION, JNCA' GRUAPY OF STATE The undersigned person, as incorporator, executes these Articles of Indorporation for the purpose of forming a Montana nonprofit corporation under the Montana Nonprofit Corporation Act; Title 35, Chapter 2, Montana, Code Annotated, ' ARTICLE I !Name. The dame of the: nonprofit corporation is Bloornstone Homeowners' Association, Inc. ARTICLE II Re&ered Agent. The name and address of the registered officelagcAt is Jim Mavis 124 Swan Ridge Ct., Kalispell, Montana 59901, ARTICLE III Mutual Benefit Corporation. The nonprofit corporation is a mutual benefit corpoza:tioil with members, ARTICLE IV Duration. The duration of the corporate existence shall be perpetual. ARTICLE V Dissolution. Upon the dissolution of the nonprofit corporation, ali assets, if any, of the corporation shall be distributed es set forth, in tl e By -Laws acid as rNuised by law. ARTICLE VI Indeammnifivation. The purpose of the corporation is to act as and constitute a Homeowners association. The directors and officers of said corporation are and Mall be iwderrinifed from persona! liability to the corporation or members of the corporation for monetary damages as set, forth in the corporate By -Laws, provided that said indemnity provisions arc not in conflict with the prov�isioris allowed pursuant to §35-2-213(2)(e) in which cuse said statutorily allowed indemnification shall control. Incorporator. The nazine of the undersigned inec suck incorporator's address is 1830 3rd Ave. E., Suite 301, Dated: ur 2._ 2a15 is Marl;, 1', Buckwalter, and 1, MT 59901, FEE-12-2015 12 : E6 9B % F 00 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Big Sky Surveying FOR: Kalispell Nat'l Investment Co LLC DESCP : Bloomstone Phase 2 (on Tr 5C in 36-29-22) DATE: 7/5/2018 PURPOSE: plat YEARS ASSESSOR # 2014 thru 2017 0011734 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. L 16 2016 Deputy Treasurer (seal) N December 15, 2017 Mr. Robert Smith, PE A2Z Engineering, PLLC PO Box 10248 Kalispell, MT 59904 RE: Bloomstone Phase lI — Plan Review Dear Mr. Smith, Thank you for your plan submittal. The City of Kalispell Public Works Department has reviewed the plans and supporting information received December 12, 2017. The plans are herby approved contingent upon the following items. 1. Deviation of City of Kalispell Standard 4.8.5B.11 is approved for the use of Kanaflex brand kana pipe in the storm drain system. 2. If desired, the light on the north side of Bluebell road near the intersection of Treeline Road and Bluebell Road can be removed. 3. Revise the mail box cluster on R-4 to better accommodate plowing by increase the curb radii. 4. No building permits for the individual lots will be authorized until the analysis of the Grandview lift station has been completed and there is additional capacity in the lift station or the west side interceptor has been completed. 5. Correct the intersection grading detail on sheet R-4 for Blazingstar & Foxglove Eastern to account for the addition of the vertical curve. Provide updated sheet prior to construction. Additional Conditions: • This approval does not relieve you, nor the contractor from designing or construction this project in accordance with the standards currently in effect. • The only deviations from City of Kalispell Design and Constriction Standards approved are as listed above. • Any changes to these approved plans shall be submitted and approved by Public Works prior to construction. • This approval is for the Public Works Department only and does not necessitate full City Approval. • If more than 18 months lapse before complete construction, plans and specifications must be resubmitted and approved before construction continues. 201 P' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Frcr (406)758-7831 ss,ww. kaHspell. com • Please verify the contractor for the project applies for and receives permits prior to construction including a Right -of -Way permit and a driveway permit. Please contact Mark Crowley at 249-2485 to set up a pre -construction meeting prior to beginning construction. No work may proceed within City right-of-way until a right-of-way permit has been approved for each contractor or subcontractor working within the right-of-way. At project completion, please provide the City with record drawings. We look forward to working with you on this project. Sincerely, Patrick Jentz, PE Engineer 2 CC: Emily Gillespie, PE — MDEQ Keith Haskins, PE — City Engineer Mark Crowley — Construction Manager Page 2 of 2 DEAQM,- Montana Dcpartrttent of Environmental Quality January 2, 2018 Rob Smith, PE A2Z Engineering 138 East Center Street, Suite A Kalispell, MT 59901 RE: Bloomstone Phase 2, City of Kalispell, MT Water and Sanitary Sewer Extensions -- Approval EQ#18-1334 Dear Mr. Smith: Thank you for the plans and specifications for the water and sanitary sewer extensions proposed to serve Bloomstone Phase 2, received September 28, 2017-November 16, 2017, under the seal of Robert Smith, PE#12592. The project was reviewed under Circular Design Standards DEQ-1, 2014 Edition and Circular Design Standards DEQ-2, 2016 Edition. The City of Kalispell approval of the plans was received December 15, 2017. The Municipal Facility Exclusion (MFE) was approved December 29, 2017. As such, the on -site stormwater design and plans are directly reviewed and approved by the City of Kalispell. The water and sanitm sewer improvement Plans and sl2ecifications, received November 16 2017, proposed to serve Bloomstone-Phase 2, are hereby approved. One copy of the plans and specifications tearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained as Department Record. The water and sanitary sewer infrastructure within Bloomstone Phase 2 is approved to serve 36 townhome units and 10 single family homes. The design peak wastewater outflow from this phase is estimated to be 0.56 gpm per EDU, totaling 25 gpm, in addition to Phase 1A West's peak projection of 54 gpm, resulting in 79 gpm peak flow from the two phases. The design maximum day water demand for this the previous phase 1A West and Phase 2 are estimated to total 127 gpm. Fire flow requirements are 1000 gpm fire hydrant flow for 2 hours within this residential phase. Wastewater collection capacity measured at the Grandview lift station was detailed in the City of Kalispell December 15, 2017 letter. Further, the City of Kalispell applied for and was granted a deviation request on January 14, 2015, regarding "Sewer Line A" sanitary sewer collection capacity further downstream, which allowed for additional proposed connections, conditioned upon an implementation schedule for the Westside Sewer Interceptor. Water Main improvements include: „ approximately 1900 feet of 8-inch diameter C-900 PVC, eight gate valves, five fire hydrant assemblies, one connection to existing water main near the intersection of Treeline Road and one dead end cap. Fire hydrant locations were approved by the Kalispell Fire Marshall. Water modeling illustrated that the water main extensions can provide over 2000 gpm at 20 psi for fire flow. Steve Bullock, Governor I Tom Livers, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 50901-1215 1 (405) 755-8985 1 www.deq.mt.gov Bloomstone Phase 2, City of Kalispell, MT Water and Sanitary Sewer Extensions — Approva[ EQ#18-1334 January 2, 2018 Page 2of2 SanitaEy Sewer Main improvements include: approximately 2900 feet of 8-inch diameter PVC SDR 35 gravity sewer and 13 manholes. 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 or egillespie(a-�mt.gov Sincerely, Emily J. ji�spie, P.E. Public Water Supply and Subdivisions Bureau C. Kalispell National Investment Company, 124 Swan Ridge Court, Kalispell, MT 59901 Keith Haskins, City of Kalispell Public Works Wendee Jacobs, Flathead County Environmental Health MDEQ Plan Review File alor7Sand D-1E QAA�- Of G�fSVilQAltf7]i C�e11 S'1 April 11, 2018 KALISPELL NATIONAL INVESTMENT CO LLC 124 SWAN RIDGE CT KALISPELL MT 59901 RE. Confirmation Letter, Notice of Intent (N01) Number MTR107111, BLOOMSTONE DEVELOPMENT Dear JAMES DAVIS: The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application package (NOI and SWPPP) to discharge under the January 1, 2018, General Permit for Storm Water Discharges Associated with Construction Activity (SW-C GP) on 12/21/2017. Your authorization number under the SWC-GP is MTR107111. Please include this number on any correspondence with DEQ regarding this site. This letter confirms only that a complete N01 has been received. DEQ does not assess the validity of the information you provided other than project location as it relates to sage grouse habitat. Your signature on the NOI certifies that you have read, understand, and are implementing all applicable requirements. Specifically, the SWC-GP: • Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP), • Defines the inspection process, and • Defines record keeping requirements (refer to Part 2.5 of the General Permit). The SWC-GP and additional guidance materials can be viewed and downloaded at http://deq.mt.gov/Water/WPB/mpdes/stormwaterportal. Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a complete NOT is received. Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. If you have questions regarding SWC-GP requirements, please contact the Water Protection Bureau at (406) 444-3080. Sincerely, Deanna Tarum Data Control Specialist S wve Bullcck, Go%ernor 1 T om U-4ers. Director I P.O. Box 200901 1 Helena I`,IT 59620-0901 i (40"0} 444-2544 1 wvr,i.degv.gov Works Department "0jV TI 201 1' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fax (406) 758-7831 rr",mkalispeli con: July 24, 2018 Augusta Kickbusch Big Sky Surveying P.O. BOX 170 Sidney, MT 59270 RE: Bloomstone, Phase 2— Utility Easement Review Dear Ms. Kickbusch: 1n accordance with General Condition number 9 of Resolution No. 5840, the purpose of this letter is to acknowledge proper easements for City of Kalispell utilities are shown on the Final Plat titled, "BEOOMSTONE, PHASE 2". This approval of easements shown on the Final Plat is only for Phase 2 and only for utilities to be completed in this phase. Any changes to approved plans requiring modification to easement locations as shown on the plat nullifies this approval and may require modification to the plat. Sincerely 144�i Patrick Jentz, PE Engineer 2 406-758-7859 Cc: City of Kalispell Planning Department, Jarod Nygren Senior Planner Jim Davis, via email Rob Smith . »,...,. .......v a t,...........� 201 PAvenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fur (406) 758-7831. www.kalispelf.canr November 17th 2017 A2Z Engineering 138 E Center Street Kalispell, MT 59901 Re: Approval letter for City Stormwater Management Permit Number SW17-168 for the Bloomstone Development Phase 2 project. Dear Permittee: Over the course of the review a few items of note were identified: • Checklist Item #8 dealing with the stabilization of soil stockpiles was answered by referencing the MDEQ SWPPP, but 1 did not see any mention of specific stockpile stabilization. • Checklist Item #15 dealing with solid waste was answered by referencing the MDEQ SWPPP. I could not find any discussion on solid waste handling in the SWPPP. In future applications, please ensure the references in the checklist match what is being discussed in the City Stormwater Permit. Despite these discrepancies, it is likely the stormwater plan you are proposing will be in line with the City of Kalispell's requirements. This letter serves as an approval letter to begin land disturbance for the above referenced project site. You are required to: (1) implement the City Stormwater Management Plan prior to any land disturbance, (2) develop and maintain best management practices, and (3) terminate the permit once the site is properly stabilized. Note: This permit is separate from any permit required by other governmental agencies and does not waive any obligation by you to obtain other permits or approvals that may be required. If you have any questions, please call 406-758-7859. Sincerely, lam C704 Patrick Jentz City of Kalispell Public Works Department July 31, 2018 Kalispell Planning Department Attn: Jarod Nygren P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7942 Re: Bloomstone Phase 11 Dear Jarod: This letter is to serve as approval on the proposed landscaping plans for Bloomstone Phase II per the plans submitted. 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 Bloomstone Phase II. 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. They will need to coordinate with Public Works for any pen-nits/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, tree plantings and exercise equipment at which time any bonding that has been submitted will be released. It should be noted that the trees and landscaping are under a 2 year 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, 0� �— Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation 3061" Aveywe East, P.O. Box 1997, Kalispell, MT 59903—Plione (406) 758-7718— FrLe (406) 758-7719 www.kalispell.cont KA.LISPELL FIRE DEPARTMENT Dave Dedman — Fire Chief PO Box 1997 Jon Campbell — Assistant Fire Chief' 312 First Avenue East Cec Lee —Executive Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 Thursday, May 31, 2018 Rob Smith, Project Engineer A2Z Engineering 138 East Center St., Ste A Kalispell, MT 59901 Re: Bloomstone Phase 2 final plat approval After review of plans and water flows for the Bloomstone Phase 2 project I find that all conditions required for final plat and Resolution #5840, Oct 2nd, 2017 requirements specific to fire department have been met. Please find this as notice of fire department certification in writing as required. Sincerely, Dave Dedman, Fire Chief City of Kalispell "Pratecting Our conrrratrnity with the highest level of professionalism. " Rob Smith From: Dave Dedman [ddedman@kalispell.com] Sent: Monday, June 18, 2018 1:34 PM To: Rob Smith Subject: RE: Bloomstone Phase 11- All Weather Access at Treeline & 4 Mile Rob, I did a site visit today and it looks satisfactory. From: Rob Smith [mailto:rsrnith@a2z-engineering .com] Sent: Monday, June 18, 2018 10:26 AM To: ❑ave Dedman <ddedman@kalispell.com> Subject: Bloomstone Phase 11 -All Weather Access atTreeline & 4 Mile Chief Dedman - A few weeks ago you wrote an approval letter for some conditions in the Bloomstone Phase 2 project. There was one thing required by the city council conditions that we did not have completed at that time. Condition # 10 reads "Treeline Road shall be extended to Four Mile Drive with an al] weather surface prior to final plat of Phase 2". Knife River construction has just completed this connector road with an all weather surface. We would like to have you take a look at it and let us know if you approve of it for emergency services access. Thanks, Robert Smith, PE, PTOE Project Engineer A2Z Engineering, PLLC 138 East Center St., Ste A Kalispell, MT 59901 406.755.7888 Website: AW-Enaineering.com Jarod Nygren From: Rob Smith <rsmith@a2z-engineering.com> Sent: Tuesday, July 10, 2018 3:22 PM To: Jarod Nygren Cc: skyviewjd@yahoo.com Subject: Bloomstone Subd Phase II - Mail Delivery Plan Jarod - In the email below is the post office approval of the Bloomstone II Thanks, Robert Smith, PE A2Z Engineering 406.755.7888 From: Carter, Susii - Kalispell, MT[mailto:CarroLS.Carter@usps.gov] Sent: Tuesday, July 10, 2018 2:57 PM To: Rob Smith Cc: Schlecht, Josh W - Kalispell, MT Subject: RE: New Bloomstone Subd Phase - Mail Delivery Plan To whom it may concern, Mail delivery type and location has been reviewed and approved by the US Postal Service for final plat approval. Thanks, Susii Carter 350 N Meridian Rd Kalispell MT 59901-9998 (406)755-6450 From: Rob Smith [mailto:rsmith@a2z-engineering.com] Sent: Tuesday, July 10, 2018 2:43 PM To: Carter, Susii - Kalispell, MT <Carrol.S.Carter@usps.gov> Subject: [EXTERNAL] FW: New Bloomstone Subd Phase - Mail Delivery Plan Ms. Carter - I wanted to check with you again on the planned mailbox pullout for the second phase of Bloomstone subdivision. Have you had a chance to review the plan and consider the design? Thanks. Robert Smith, PE A2Z Engineering 406.755.7888 From: Rob Smith Sent: Tuesday, May 29, 2018 2:24 PM To: 'carrol.s.carter@usps.gov' Subject: New Bloomstone Subd Phase - Mail Delivery Plan USPS Attn: Delivery Director 350 N Meridian Rd Kalispell, MT 59901-9998 406.257.9796 Re: Bloomstone Development, Phase 2 Cluster Box Unit Location and Pullout In 2015 - 2016 the Bloomstone Development near KidSports developed their first phase with 25 homes and 96 apartments. The developer is now preparing to start construction on Phase 2. For Phase 2, 1 have designed a new mailbox pullout location to serve 46 homes in this phase and later expand to serve 40 homes in future Phase 4. The City of Kalispell's Planning office requires that the USPS approve the subdivision for the following condition: 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 designed in accordance with section 3.22 of the Kalispell Subdivision Regulations and installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall 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. Please review the attached plan and contact me if you have any questions or concerns. My phone number is 755-7888 office or 871-1340 mobile. Sincerely, Robert Smith, PE Project Engineer A2Z Engineering, PLLC 138 East Center St., Ste A Kalispell, MT 59901 406,755.7888 Website: A2Z-Engineerin _gcom