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H2. Village Plaza Final Plat RequestPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner SUBJECT: Final plat request for Village Plaza MEETING DATE: January 22, 2019 Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning BACKGROUND: Jackola Engineering submitted a request, on behalf of Jerman Holdings, LLC, for final plat approval of Village Plaza, a 2-lot commercial subdivision. The subject property is located at 60 Village Loop Drive and a portion of the property has recently been developed with one medical office building. The property can be legally described as Lot 1 of the Plat of Village Plaza, a subdivision in the SW4, SW4 in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The City Council approved the preliminary plat for Village Plaza with 10 conditions at their meeting on April 2, 2018, with Resolution No. 5862. All of the conditions have been met or adequately addressed. RECOMMENDATION: It is recommended that the City Council approve the final plat for Village Plaza. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: January 14, 2019 c: Aimee Brunckhorst, Kalispell City Clerk MONT"A January 14, 2019 Doug Russell, City Manager City of Kalispell 201 1" Ave E Kalispell, MT 59901 Re: Final plat request for Village Plaza Dear Doug: Planning Department 201 151 Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Jackola Engineering submitted a request, on behalf of Jerman Holdings, LLC, for final plat approval of Village Plaza, a 2-lot commercial subdivision. The subject property is located at 60 Village Loop Drive and a portion of the property has recently been developed with one medical office building. The property can be legally described as Lot 1 of the Plat of Village Plaza, a subdivision in the SW4 SW4 in Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The City Council approved the preliminary plat for Village Plaza with 10 conditions at their meeting on April 2, 2018, with Resolution No. 5862. All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. COMPLIANCE WITH CONDITIONS OF APPROVAL 1. That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Staff Response: This condition has been met. The final plat is in compliance with the approved preliminary plat. 2. 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 application for the final plat was submitted prior to the expiration of the preliminary plat approval, which was approved on April 2, 2018. 3. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Staff Response: This condition has been met. The applicant submitted construction drawings and a Drainage Report to the City of Kalispell and received approval from Kalispell Public Work Department. See attached letter from Tom Tabler, Kalispell Public Works, dated September 12, 2018. 4. The developer shall submit to the Kalispell Public Works Department, prior to construction, an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. Staff Response: This condition has been met. The applicant received a General Construction Stormwater Permit from the Montana Department of Environmental Quality. The applicant also received a Stormwater Management Permit from Kalispell Public Works. The Public Works letter, dated February 20, 2018 and Montana Department of Environmental Quality letter, dated October 1, 2018, are attached hereto for reference. 5. 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. Public Works has accepted all applicable city infrastructure. See attached letter from Keith Haskins, Kalispell Public Works, dated December 4, 2018. 6. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within Village Loop. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. Trees and landscaping were installed within the Village Loop right-of-way with the construction of the new medical office building. See attached letter from Chad Fincher, Kalispell Parks and Recreation, dated July 31, 2018. 7. All existing and proposed easements shall be indicated on the face of the final plat. 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. All easements are shown on the final plat. See attached letter from Keith 1 iaskins, Kalispell Public Works, dated December 4, 2018. 8. 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 above statement has been included on the final plat. 9. All utilities shall be installed underground. Staff Response: This condition has been adequately addressed. Utilities have been constructed underground and further verified via filed inspection by Public Works. 10. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been adequately addressed. The site has been revegetated and further verified via field inspection by Public Works. COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat approved by the Kalispell City Council on April 2, 2018. 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 13-1 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. The staff recommends that the Kalispell City Council approve the final plat for Village Plaza. Attachments: - Two mylars of final plat - 11" x 17" copy of plat - Applicant responses and final plat application dated 12/12/2018 - First American Title Insurance Company guarantee 5010500-709892-FT, dated 12/ 17/2018 - Flathead County tax certification, dated 12/14/2018 - Letter from Kalispell Public Works (utility easements/utility acceptance), dated 12/4/2018 - Letter from Kalispell Public Works (stormwater engineering approval), dated 9/ 12/2018 - Letter from Kalispell Public Works (stormwater management permit), dated 2/20/2018 - Montana Department of Environmental Quality letter dated, 10/1/2018 - Letter from Kalispell Parks and Recreation, dated 7/31/2018 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Jackola Engineering 2250 11WY 93 South Kalispell, MT 59901 Jerman Holdings, LLC 22 2"d Avenue West Kalispell, MT 59901 PLANT► ING FOR THE FUTURE Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.lcalis ells CD FINAL PLAT APPLICATION ncr 1 l 1019 Project /Subdivision Name: __ Amended Lot 1 of Village Plaza Contact Person: Name: Jackola Engineering & Architecture, PC Address: 2250 Hwy 93_South Kalispell, MT 59901 Phone No.: 755.3208 Date of Preliminary Plat Approval: Type of Subdivision: Residential Total Number of Lots in Subdivision Land in Project (acres) 0.432 Parkland (acres) No. of Lots by Type: Single Family Duplex Commercial 2 Condominium Industrial N Cash -in -Lieu $ Townhouse Apartment Industrial Multi -Family KMSPELL PLANNING UtNARWENT Owner & Mailing Address: Jerman Holdings LLC 22 2nd Ave. West, Ste 1000 Kalispell, MT 59901 752.4375 Commercial X PUD Other Exempt X Mobile Home Park Recreational Vehicle Park Planned Unit Development _ Other Legal Description of the Property _ Lot 1 of Village Plaza Subdivision in SW 1/4, SW 1/4 Section 32, T 29 N, R 21 W, Flathead County, Montana FILING FEE ATTACHED $ 1,050 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot Subdivisions with Waiver of Preliminary Plat $800 + $125/lot Subdivision Improvements Agreement $50 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) n/a Consent(s) to Plat (Originals and notarized) n/a Subdivision Improvements Agreement (Attach collateral) n/a Parkland Cash -in -Lieu (Check attached) n/a 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 appications be accompanied with a digital copy. . r Owner(s) �v 1-6 Date **A digital cWv oe final plat in a Drawing Interchange File (DXF) format or an AutoCAD file ' format, cons n f the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system RESOLUTION NO.5862 A RESOLUTION CONDITIONALLY APPROVING THE PRELINIINARY PLAT OF VILLAGE PLAZA, DESCRIBED AS LOT 1 OF THE PLAT OF VILLAGE PLAZA, A SUBDIVISION IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER IN SECTION 32, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. WHEREAS, Jerman Holdings, LLC, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Comnussion held a public hearing on March 13, 2018 on the proposal and reviewed Subdivision Report #KPP-18-03 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Village Plaza subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of April 2, 2018, reviewed the Kalispell Planning Department Report #KPP- 18-03, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-18-03 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Jerman Holdings, LLC for approval of the Preliminary Plat of Village Plaza, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: That the development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. The preliminary plat approval shall be valid for a period of three years from the date of approval. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. The developer shall submit to the Kalispell Public Works Department, prior to construction, an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. S. 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. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within Village Loop. 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. 7. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 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 9. All utilities shall be installed underground. 10. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County of and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED B Y THE MAYOR OF THE CITY OF KALISPELL THIS 2ND DAY OF APRIL, 2018. - ATTEST: Mark Johnson Mayor � r1, Aimee Brunckhorst, CMC City Clerk �-f .,rr�Fh,� Amended Plat of Lott, Village Plaza Preliminary Plat Conditions Compliance Review 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, ►naterials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. The subdivision has been developed in compliance with the approved Preliminary Plat. A copy of the approved Preliminary Plat is included in (attachment B) for comparison with the Final Plat (attachment H) and showing compliance with this condition. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Per attachment A, The Preliminary Plat was approved by the City of Kalispell on the 2nd of April 2018. The Final Plat application is being made within the three year approval. 3. 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. The plans for the resubdivison of Lot 1, Village Plaza have been approved by the City per attachment E & F, letters from the Kalispell Public Works Department. 4. 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 Enviromnental Quality for the General Permit for Stone Water Discharge Associated with Construction Activities. A letter from the Kalispell Public Works Department notifying the contractor of approval for Permit Number SW18-042 is included as attachment C. 5. 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. We have attached copies of the approvals received from the Montana Department of Environmental Quality (attachment D) and the Kalispell Public Works Department (attachment F) showing compliance with this condition. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within Village Loop. 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. The plans for the resubdivision of Lot 1, Village Plaza have been approved by the City per attachment G, a letter from the Kalispell Parks & Recreation Department. 7. All existing and proposed easements shall be indicated on the face of the final plat. A letter trom the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. All existing and proposed easements are indicated on the final plat (attachment h) per letter from the Public Works Department (attachment F). 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." The statement appears on the final plat (attachment G). 9. All utilities shall be installed underground. All utilities required to serve the subdivision have been installed underground. 10. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. All areas disturbed by construction have been revegetated. Attachments: A. Resolution 5862 approving the Preliminary Plat of Lot 1 Village Plaza. B. Approved Preliminary Plat. C. SWPPP approval from Martel Construction D. Montana DEQ Approval E. City of Kalispell Public Works — Storm Water Letter F. City of Kalispell Public Works - Easements G. City of Kalispell Parks Dept Approval H. Final Plat 2250 Hwy 93 South P.O. Box 1134 Kalispell, MT 59903 Ph: (406)755-3208 Fax: (406) 755-3218 aaUT. $urvg4n9• To: City of Kalispell Planning Department 201 1st Ave. E Kalispell, MT LETTER OF TRANSMITTAL DATE 12/21 /2018 108 NO 171202 ATTENTION Planner RE: Resubdivions of Lot 1 Village Plaza Jerman Holdings, LLC WE ARE SENDING YOU: attached ❑ under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑x the following items: = Samples ❑ Specifications Title Guarantee COPIES DATE NO. DESCRIPTION 1 6010500-709892-FT Insured Title Guarantee THESE ARE TRANSMITTED as checked below: ❑ For approval ® For your use As requested For review and comment FOR BIDS DUE REMARKS ❑ Approved as submitted Q Resubmit ❑ Approved as noted Submit ❑ Returned for corrections Return COPY TO: #c rL6 SIGNED copies for approval copies for distribution corrected prints O PRINTS RETURNED AFTER LOAN TO US 11 enclosures are not as noted kridl y notify us at once ON I / I - ' -.�R W A Issued by Insured Titles 44 4th Street West/P.O. Box 188, Kalispell MT 59901 Title Officer; Lisa S. Jones Phone: (406)755-5028 FAX.• (406)755-3299 Form 5010500 (7-1-14) Page 1 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 (7-1-14) Guarantee Face Page -Exclusions, Conditions and Stipulations •MER,C? Guarantee Face Page y First American ITtle ISSUED BY L First American Title Insurance Company GUARANTEE NUMBER Guarantee 5010500-709892-FT C: First American Title Insurance Company Denrns J Gdntore President A yn JeMrey S Robmson Secretary A M E.k c Form 5010500 (7-1-14) Page 2 of 9 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 Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (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. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion 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, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of Form 5010500 (7-1-14) Page 3 of 9 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 (90) 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 9 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 indude 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 SUIUSUU (7-1-14) Page 5 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations A. M E R, C Subdivision Guarantee First American Vitle ISSUED BY L[ First American Title Insurance Company GUARANTEE NUMBER Guarantee 5010500-709892-FT Subdivision or Proposed Subdivision: Order No.: 709892-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: Bob Erickson, PLS, Jackola Engineering 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: LOT 1 OF VILLAGE PLAZA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA TO BE KNOWN AS THE AMENDED PLAT OF LOT 1 OF VILLAGE PLAZA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA (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: Jerman Holdings, LLC (B) Parties holding liens or encumbrances on the title to said lands are: Form 5010500 (7-1-14) Page 6 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations 2018 taxes and special assessments are a lien; amounts are determined and 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 2018 $2076.03 paid $2076.02 paid 0002837 2. Deed of Trust dated February 21, 2018, to secure an original indebtedness of $1,062,500.00, and any other amounts and/or obligations secured thereby Recorded: March 15, 2018, as Instrument No. 2018-000-05051 Grantor: Jerman Holdings, LLC Trustee: Insured Titles Beneficiary: First Interstate Bank 3. Notice of Right to Claim a Lien. Claimant: Probuild Company, LLC 445 (Kalispell) Recorded May 29, 2018 as Doc. No. 2018-000-10464 (C) Easements, claims of easements and restriction agreements of record are: 4. 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. 5. Water System Agreement upon the terms, conditions and provisions contained therein: Parties: Julius Bruyer, George W. Hyde, Walter L. McPheeters and James W. McPheeters Recorded: July 14, 1906, in Book 54, Page 635 AND modified on March 6, 1915 in Book 112, Page 332 6. Easement for right of way granted to Pacificorp, dba Pacific Power & Light Company, recorded November 18, 1998 as Instrument No. 1998-322-09040. 7. Resolution No. 4488, executed by the City of Kalispell for annexation and zoning recorded July 21, 1999, as Instrument No. 1999-202-08040. 8. Easement for right of way granted to Flathead County and Flathead County Sewer & Water District #1-Evergreen, recorded October 29, 1999 as Instrument No. 1999-302-14360. 9. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the recorded plat of Village Plaza, recorded November 9, 2000, as Instrument No. 2000-314-09400, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 10. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services, recorded November 9, 2000, as Instrument No. 2000-314-09400. Form 5010500 (7-1-14) Page 7 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations 11. Easement and Parking Agreement upon the terms, conditions and provisions contained therein: Parties: TRS, LLC, Thomas E. Sands and Reta D. Sands and Village Plaza Incorporated Recorded: February 10, 2010, as Instrument No. 2010-000-03504 12. Easement and Parking Agreement upon the terms, conditions and provisions contained therein: Parties: Thomas E. Sands and Reta D. Sands and Village Plaza Incorporated, and B & V WSI, LLC, and Flathead Valley Bridge Center Recorded: May 16, 2014, as Instrument No. 2014-000-08320 13. Easement and Parking Agreement upon the terms, conditions and provisions contained therein: Parties: Village Plaza Incorporated and Flathead Hospital Development Company, LLC Recorded: August 12, 2015, as Doc. No. 2015-000-18596 14. Easement & Parking Agreement upon the terms, conditions and provisions contained therein: Parties: Village Plaza Incorporate and James A. Jerman DDS, PLLC Recorded: February 1, 2017, as Doc. No. 2017-000-02392 15. Easement for electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded May 30, 2018 as Doc. No. 2018-000-10537. Within Kalispell City Fire District. Date of Guarantee: December 17, 2018 at 7:30 A.M. Insured Titles By: I Authorized Countersignature Form 5010500 (7-1-14) Page 8 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations First American 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 your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us 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 of 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 parties 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 collect, 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 Polity will continue to apply to you. Confidentiality and Security We will 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 best efforts to tram 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 American 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 time Internet. in general, you can visit First American or its affiliates Web sites on the World 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(profnle nformation. 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 Financial 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 personal tastes. A cookie is an element of data that a Web site can send to your browser, which may then store the cookie on 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 pnvacy 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 on the responsible collection and use of data. We will encourage others in our industry to collect and use nformation 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-PRIVACY (9-1-10) Page 1 of I I Privacy Information ( 2001.2010 First American Financial Corporation) Form 5010500 (7-1-14) Page 9 of 9 Guarantee Face Page - Exclusions, Conditions and Stipulations IIIIIIIIIIIIIIHIIIIII�fIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIII�IlIR1IIIIIIIIIIIIIIIIIIIlIR1l Page: sI of 294 Debbie Pierson, Flathead County MT by DD 8/23/2017 Si111DAM AND WHEN RECORDED MAIL TO: Je��nnan�riolcjin95, LLC ,C �(�ve IN Sy S tie / DOD Filed for Redbird at Request of: Space Above This Une for Recorders Use Only Insured Titles cy Order No.: 618372-FT 10 Parcel No.: 0002837 *CORRECTIVE QUITCLAIM DEED *Correcting notary block in Quitclaim Deed recorded under Doc. No. For Value Received 201700014712* James A. Jerman, DDS, PLLC n do(es) hereby convey, release, remise and forever quit claim unto 0 a Jerman Holdings, LLC a Q whose address is: gid �r�1�TC loe W, CJ l000 the following described premises situated in Flathead County, Montana to -wit: LOT 1 OF VILLAGE PLAZA, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. together with its appurtenances. Dated g t 11, 2017 James an, Sole Member Page 1 of 2 miuimiiu1MiuH Page:000207 294 Few: $14.00 8/25/2027 11:11 AM STATE OF Montana ) SS. COUNTY OF Flathead This instrument was acknowledged before me on / ,Igjr /& 2017, by lames A. Jerman, known to me to be the Sole Member of the ]amen man, DDS, PLLC . Signature of Notarial Officer JACk TANYA JACKSON gyp•' _o1'• . 0 NOTARY PUBLIC for the SEAL,, state of Montana Residing at Kalispell. Montana J.. ' ,r My Commission Expires December 15.2018 Page 2 of 2 Notary Public for the State of Montana �a I i'5t 11 Residing at: Commission Expires: BY. SANDS SURVEYING INC. 1995 MIRD AVENUE EAST KALISPELL, mr 5990I PH.- (406) 755-6481 JOB NO. 27515 DWG. 10315 DECEWER 17, 1999 FOP GEORGE SCHULZE OWN£R.• KAI. -•MONT FAIRY FARM LEGEND ---tjp-- SECTION CORNER MS NOTED) 114 CORNER MS NOTED) 0 FOUND (AS NOTED) PRELIMINARY PLAT OF rM.AA�� tAorou lacnrtuwo a Aramtrn•c rc 1 »wY4ruswm rn quw LG T 1 o f VILLAGE PLAZA s s»oJ JW VAJW VI fJ(}glJL In •. J 11 W,A{ARMTrADQy4rt,M0•rANA YAIL t'•!0' /OR YMIJIlrVA4 Owrrlrm •�4rr.✓y l•rL raMA4lf�kOrYGI YC b b !1[•]ro4OAi11Y:11A101a IGlDNYr • rAoranroA411 y J4b0Arlo4 Sr4lwlA 1rDTAAolgmT /rW itYt/PlA(N!: m1nurl""4 A KAlTOr 1A4D4NAKDq MJOIfOMQTMIAATIapM 00jurm• •• IDDf1Al1fT0DMr1ADI JKlrr1 JJ. TOWlmar l,agfK fYrR[Jl WRr. R1liM.MMADOdIMKYWf/Y.INNYOAF O KUn04J 70[Jf4 —t'�"�i�.i+� ODitAloptVllADrOWo1 IYr11lrAAKT OIfQ4lDy tOl4TK OANJIlOFJTAI iwafou I O161WG M(Aaga Ooo 1 g64A446At M/plVwpr[OI4140r grlM YAIAfA r1AlA Ir1lOI10AA4 MrAITDD•yT1vrL A DOTAr1Q0t uTumm V0 IrplJ ®!1lfI114µ AVO10W(4 —IM----------- (>aKq IpDDK1104rA rrrdR — -m�� ODfDN01M0[C7VhO WU r]JiDHM, M/LJ iCDO1pXA OrTAMl1 V JW.MA[R, t1Yg0! wTi A 06tlN(,ry IaVTKJO4 MKIO Y40U4r0u4p /YL 011 rrton M407AIpDINA1; AOIRAIR•O/bI.JOKIr TOM llOa4 DIAW I4Yt lrauvrAWomm PDTWOMAKr MAW rYrarDu+wo�Dutxi■m�r4�Aw�or°riwvrr�Drwm GYMIVrl Or ml ollraawlrAcromow alfA40 lYDrMIIlWl41n44p! M O r10rOADiwIYrf[W!A 109 JNdr G414q WrglYAlgrt 10 to MOr'OflDRWM iDil.Tlr rJmmou'Or fYYAro4 — —MOr011O7W41[cTrraitAc 1 y _ .---_ �W • rWpmodu V �� MOr01lD D40fKg1AN rpA,A I � I CIT d:f Astsr.t� I.or•: aA a •:r. �^ —K N raoom: ADl4GJOV4D I4DA1 >r--...D.ouJl44o<4�.D44�Gw VILLAGE HEIGHT` • I l ' `1 i r r4DrvunwA.. mol lw IDv aco ft M II r - I I l�li6idoustic BUFFALO tow it r L - I laJ I MDfM01R I •( AOJDWAr•!Y� _ r�f10•M•'Afl• 1 .•� I W!a•!4T I N I Ia � I I LOT IA • �, l � ,Ttls sart _ I r• �] :n � OJll A010 I _, y I I fIWl4IIrNp WAm—liQ • �• w I �� 1 llRitW y 4.81 r1OrORDNd1gW0u19 1O1N,lYOM lGY1 }�J I _- I Y t �■ 41 dell g = a I�MAKr rwogYDlnllr! OR]NOOr1AaG � , ,1 I S — I w.rui ocind !I l 1 i I LOT is l I fl/af,art 9 aa°!AcW _•______ • I I l �' `Z� .J � *---- C I ; Amoco!• I I YM1lsm+a I I MIN Itl Ywtr December 4, 2018 Bob Erickson, PLS Land Surveyor Jackola Engineering PO Box 1134 Kalispell, MT 59903 Re: Amended Lot 1 of Village Plaza Dear Mr. Erickson: The purpose of this letter is to indicate all public utilities (except water main) for Lot 1 of Village Plaza have been previously installed and accepted by the City. The water main sewing this property is owned, operated, and maintained by Evergreen Water and Sewer, and is therefore outside of the purview of the City of Kalispell. Water and sewer services will be installed at time of building construction. Additionally, this letter is intended to serve as review and acceptance of required easements for the lot, including a 10-foot road reserve, a 10-foot sewer easement, and an 8-foot storrnwater easement. Sincerely, ZithHas ins, PE City Engineer cc: Jarod Nygren — Senior Planner 201 P'Aventre East, P.O. Box 199, Kalispell, :VIT 59903 -Phone (406)'58--'20 - Far (406) "58-7831 wtviv.kalispell.cotn September 12, 2018 Emily Gillespie, PE Montana DEQ — Kalispell Office 655 Timberwolf, Suite 3 Kalispell, MT 59901 RE: Lot 1 of Village Plaza — Storm Sewer Waiver EQ# 18-2251 Dear Ms. Gillespie, The purpose of this letter is to certify that the above referenced property has been reviewed and approved by the City of Kalispell to ensure adequate storm drainage. I further certify that I am authorized to sign this letter on behalf of the City of Kalispell. Storm drainage was reviewed as required in the City of Kalispell Standards for Design and Construction, current at the time of submittal. All new development shall be completed as reviewed and approved in compliance with City Standards and approved drawings. Sincerely, Tom Tabler, PE Civil Engineer 201 1' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831 w►m. kalispell. com 20111 Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fax (406) 758-7831, www.kalispell.com February 20, 2018 Jeremy Peterson Martel Construction, Inc. 305 Hwy 83 Bigfork, MT 59911 Re: Approval letter for City Stormwater Management Permit Number SW18-042 for project site: 60 Village Loop (Lot 1) Dear Permittee: As of July 17th, 2017, all stormwater permits must be reviewed and approved before the commencement of any land disturbing activity. 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. Please review and follow the City Stormwater Management Ordinance 1600 (www.kalispell.com) and the Erosion and Sediment Control Best Management Practices Reference Manual (www.mdt.mt.gov/research/projects/env/erosion.shtml). 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 406-758-5705 or email clewis@kalispell.com. Sincerely, Casey Lewis Environmental Specialist Public Works Department City of Kalispell Parks and Recreation Dept July 31, 2018 Kalispell Planning Department Attn: Jarod Nygren P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7942 Re: Lot 1 Village Commons Dear Jarod: This letter is to serve as approval on the proposed landscaping plans for Lot 1 Village Commons 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 Lot 1 Village Commons. 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 '/" 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 306 P Avenue East, P.O. Box 1997, Kalispell, SLIT 59903 —Phone (406) 758-7718— Fax (406) 758-7719 www. kalispell. com DEQ,MM- Montana Departmunt of Environmental Quality October 1, 2018 TOBY MCINTOSH, PE JACKOLA ENGINEERING 8, ARCHITECTURE P.O. BOX 1134 KALISPELL, MT 59903 RE Lot 1 of Village Plaza Subdivision Flathead County E.Q.#18-2251 Dear Mr. McIntosh: The plans and supplemental information relating to the water supply, sewage, solid waste disposal, and storm drainage (if any) for the above referenced division of land have been reviewed as required by ARM Title 17 Chapter 36(101-805) and have been found to be in compliance with those rules. Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed at the office of the county clerk and recorder. The duplicate is for your personal records. Development of the approved subdivision may require coverage under the Department's General Permit for Storm Water Discharges Associated with Construction Activity, if your development has construction -related disturbance of one or more acre. If so, please contact the Storm Water Program at (406) 444-3080 for more information or visit the Department's storm water construction website at htt ://deg,mt..goy/wginfo/WaterDischarge/Index.asn. Failure to obtain this permit (if required) prior to development can result in significant penalties. Your copy is to inform you of the conditions of the approval. Please note that you have specific responsibilities according to the plat approval statement primarily with regard to informing any new owner as to any conditions that have been imposed. If you wish to challenge the conditions of this Certificate of Subdivision Plat Approval, you may request a hearing before the Board of Environmental Review or the Department, pursuant to Section 76-4-126, MCA and the Montana Administrative Procedures Act. If you have any questions, please contact this office. Sinc rely, Rachel Cla Supervisor Engineerin reau Water Quality Division RC/EG cc: File County Sanitarian County Planning Board Steve Bullock, Governor I Tom Livers, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell. MT 59901-1215 1 (406) 755.8985 1 www.deq.mt.gov STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATE OF SUBDIVISION PLAT APPROVAL (Section 76-4-101 et seg., MCA) TO: County Clerk and Recorder EQ # 18-2251 Flathead County Kalispell, Montana THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision known as Lot 1 of Village Plaza Subdivision A tract of land located in the southwest'/4 of Section 32, Township 29 North, Range 21 West, PMM, Flathead County, Montana Located on two lots, Lot 1A and 1 B, have been reviewed by personnel of the Water Quality Division, and, THAT the documents and data required by ARM Title 17, Chapter 36 have been submitted and found to be in compliance therewith, and, THAT the approval of the application is made with the understanding that the following conditions shall be met: THAT the lot sizes as indicated on the plat filed with the county clerk and recorder will not be further altered without approval, and, THAT each lot shall be used for one commercial structure, and, THAT water distribution will be provided by service connection to the Flathead County Water & Sewer District #1 (Evergreen) Public Water Supply #MT0001744 as shown on the lot layout. herein approved, and, THAT wastewater collection will be provided by extension of and service connection to the City of Kalispell Sanitary Sewer collection & wastewater treatment as shown on the lot layout, herein approved, and, THAT a waiver has been approved by the Department from the requirements of storm water review and approval under the condition that the City of Kalispell will review and approve the storm water facilities for the lots during the local approval process. City approval of the storm water components proposed for the site was received on September 17, 2018, and, THAT water supply systems, sewage collection and treatment systems and storm drainage systems will be located as shown on the lot layout, and, THAT all sanitary facilities must be located as shown on the approved lot layout and THAT the developer and/or owner of record shall provide the purchaser of property with a copy of the plat, approved location of water supply and sewage treatment system as shown on the attached lot layout, and a copy of this document and Page 2 of 2 Lot 1 of Village Plaza Subdivision Flathead County EQ # 18-2251 THAT instruments of transfer for this property shall contain reference to these conditions, and, THAT departure from any criteria set forth in the approved plans and specifications and ARM Title 17, Chapter 36, Subchapters 1, 3, and 6 when erecting a structure and appurtenant facilities in said subdivision without Department approval, is grounds for injunction by the Department of Environmental Quality. THAT pursuant to Section 76-4-122 (2)(a), MCA, a person must obtain the approval of both the reviewing authority under Title 76, Chapter 4, MCA, and local health officer having jurisdiction, before filing a subdivision plat with the county clerk and recorder. YOU ARE REQUESTED to record this certificate by attaching it to the plat filed in your office as required by law. DATED this 1st day of October, 2018. George Mathieus Acting Director By: _ Rachel C PE, -6 or Engineeri Bureau Water Quality Division. 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Z o �§ + (§ , ` 0 : §.7z 2 CL@ � § §[ �§ f§/) � \ � � ] , « k£ Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: JACKOLA��-��/ FOR: JERMAN HOLDINGS LLC DATE: 11/6/18 DESCP : VILLAGE PLAZA AMD L1 PURPOSE: RESUB (32-29-21) YEARS ASSESSOR # 2014 THRU 2017 0002837 101 5? cnivno� 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. 51 Deputy easurer DEC 14 2018 (seal) &| ts� � |. ||■��■ $� � � , ■ , � . .�|. | 0 \ 06 ■ � 2 � � § ;;� � • � 2�} g cc c)� � ---- . . _ .. � | � . || | @ }| . . .. �- --------------------! £--- ------------ ---- ---- — z--------- zzzzzzz , � • _� � I'll I| . .�------------------------ HIM| . . \ | / | 2 ;