Loading...
Final Plat - Southside EstatesPLANNING FOR THE FUTURE REPORT TO: Doug Russell, City Manager FROM: Jarod Nygren, Senior Planner SUBJECT: Final Plat request for Southside Estates MEETING DATE: August 21, 2017 Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plaiining BACKGROUND: Our office has received an application for final plat approval from Jackola Engineering, on behalf of Team Development, LLC, for a 29-lot residential subdivision on an 8.8 acre tract of land. The lots are broken up into 16 single-family lots and 13 townhouse lots creating 16 single-family and 26 townhouse units for a total of 42 housing units. The proposed subdivision is located approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The property can be described as a portion of Tract 4 in the SW4 of the SE4 of Section 19. Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved the preliminary plat with 25 conditions on February 6, 2017. All 25 conditions of the preliminary plat have been met or otherwise adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5802. In addition, a Subdivision Improvement Agreement in the amount of $692,400.00 is included for City Council action. RECOMMENDATION: It is recommended that the City Council approve the final plat for Southside Estates and approve the related Subdivision Improvement Agreement. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: July 20, 2017 c: Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE August 15, 2017 Doug Russell, City Manager City of Kalispell 201 1" Ave E Kalispell, MT 59901 Re: Final Plat request for Southside Estates Dear Doug: Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Our office has received an application for final plat approval from Jackola Engineering, on behalf of Team Development, LLC, for a 29-lot residential subdivision on an 8.8 acre tract of land. The lots are broken up into 16 single-family lots and 13 townhouse lots creating 16 single-family and 26 townhouse units for a total of 42 housing units. The subject property is located approximately 100 feet south of the intersection of Pintail Drive and Merganser Drive. The property can be described as a portion of Tract 4 in the SW4 of the SE4 of Section 19. Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved the preliminary plat with 25 conditions on February 6, 2017. All 25 conditions of the preliminary plat have been met or otherwise adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval contained within Resolution No. 5802. In addition, a Subdivision Improvement Agreement in the amount of $692,400.00 is included for City Council action. 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 compliance with the preliminary plat application documents. 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. Resolution 5802 approving the preliminary plat for Southside Estates was approved on February 6, 2017, and is still valid. 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. 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 issued a letter approving the storm water plan on May 18, 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. 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 (DEQ) for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. DEQ issued a letter on May 25, 2017 for General Permit for Storm Water Discharge Associated with Construction Activities. 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 (DEQ) for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. Public Works issued a letter approving the water and sewer plan on May 18, 2017 and DEQ on May 31, 2017. 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 (water and sewer in this case) required, is installed to city standards for design and construction. 6. 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 issued a letter approving the street design on May 18, 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 (streets in this case) required, is installed to city standards for design and construction. 7. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. Staff Response: This condition has been met. Public Works issued a letter approving the infrastructure design, including the improvements to the existing infrastructure onsite on May 18, 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 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. The subdivision improvement agreement, which encompasses a detailed cost of infrastructure improvements for Southside Estates, is attached hereto for reference. 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 issued a letter approving the utility easements on August 15, 2017. The letter is attached hereto for reference. 10. 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 on the final plat. 11. Prior to filing the final plat, a letter from the U.S. 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. Staff Response: This condition has been met. U.S. Postal Service issued a letter on June 30, 2017 showing compliance with this section. The letter is attached hereto for reference. The provision for the mailbox turnout is included in the subdivision improvement agreement and the design does not impact sidewalk or proposed boulevard areas. 12. A temporary turnaround shall be required at the east terminus of Destiny Lane to the satisfaction of the Public Works Director. Staff Response: This condition has been met. A temporary turnaround was omitted and replaced with a cul-de-sac. This change was approved by Public Works Department and forms part of the approved plans. 13. An 8-foot sound barrier shall be constructed along the west property boundary. The sound barrier shall extend from the southernmost property line point northerly to a point a minimum of 75 feet past the existing MDT barrier (As shown in FIGURE 3 of the sound study). The materials and construction of the sound barrier shall conform with the recommendations as provided in the sound study completed by Big Sky Acoustics, dated November 7, 2016 and approved by the Architectural Review Committee for aesthetics and neighborhood conformity. Staff Response: This condition has been met. The developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure the sound barrier is constructed. Additionally, the proposed sound barrier has been reviewed and approved by the Architectural Review Committee. 14. Two Kalispell Bypass bike path access points shall be provided and installed. One shall be located at the western most point of Destiny Lane and the 2nd at the southwestern most point of Kismet Court. The access points to the bypass shall be 5 feet in width as they penetrate the sound wall system to limit the amount of noise intrusion. The bike path shall connect the existing street with the bike path providing for flared ends at the bike path connection point. Staff Response: This condition has been met. The developer has entered into a subdivision improvement agreement with the City of Kalispell that can be used by the city as collateral to assure the two connections are constructed. 15. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. The HOA should include provisions for the maintenance of all common areas including the storm water ponds, sound wall and wastewater lift station. Staff Response: This condition has been met. Provision for the establishment of an HOA is included in the CC&R's for the subdivision and will be recorded with the final plat. 16. The developer shall comply with all recommendations of the geological investigation report completed by CMG Engineering, dated November 10, 2016. A geotechnical or construction materials engineer should certify the recommendations are being properly implemented. Staff Response: This condition has been met. A letter from Josh Smith from Slopeside Engineering (formally CMG Engineering), submitted a letter on July 5, 2017 certifying the recommendations of the geology report are being properly implemented. The letter is attached hereto for reference. 17. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. Parks and Recreation issued a letter approving the landscaping plan on August 16, 2017. The letter is attached hereto for reference. 18. Landscaping shall be installed in addition to the fencing that will be surrounding the lift stations. The landscaping should be of such intensity as to shield the lift stations and consist of shrubs and bushes which reach a height of 6 feet or higher. The plan and actual installation shall be approved by the Kalispell Parks and Recreation Director and Public Works Director. Staff Response: This condition has been met. Parks and Recreation issued a letter approving the landscaping plan on August 16, 2017. The letter is attached hereto for reference. 19. A cash in lieu of parkland in the amount of .03 acres per dwelling unit shall be provided. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. Staff Response: This condition has been met. A cash in lieu of parkland payment has been made in the amount of $13,135.00 for the subdivision. 20. 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. A engineer's cost estimate has been submitted indicating that more than two-thirds of the necessary infrastructure has been installed. A subdivision improvements agreement has been submitted for the remaining infrastructure for the subdivision. 21. All utilities shall be installed underground. Staff Response: This condition has been met. All utilities have been designed to be installed underground. 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. Per the approved plans all areas disturbed during construction shall be revegetated with a weed -free mix. A letter from Mountain Reign Construction confirming the weed -free mix is attached hereto for reference. 23. All residences should be constructed with fire sprinkler systems. Staff Response: This condition has been met. The developer has obtained the adjacent property to the east which gives them a secondary fire apparatus access to the site from Airport Road. Accordingly, the fire sprinklers will not be required provided the road is installed per the fire apparatus access agreement, attached hereto for reference. 25. Foundation drains and emergency sump pumps shall be installed at all residences that contain a crawl space. Staff Response: This condition has been met. A letter from Mountain Reign Construction confirming emergency sump pumps will be installed in the houses with crawl spaces. COMPLIANCE WITH THE SUBDIVISION REGULATIONS: This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the R-4 zoning for the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Southside Estates. Please schedule this matter for the regular city council meeting on August 21, 2017. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat - Applicant responses and final plat application dated 7/5/2017 - Chicago Title Company Report 7195-36-359666, dated 6/5/2017 - Subdivision Improvement Agreement and bond - Engineer's Cost Estimate - Fire Apparatus Access Road Agreement - Declarations and Covenants - Flathead County tax certification dated 6/27/2017 - Consent to plat dated 6/22/2017 - Letter from Kalispell Public Works Department (engineering approval) dated 5/18/2017 - Letter from Kalispell Public Works Department (Utility Easements) dated 8/ 15/2017 - Montana Department of Environmental Quality approval letters dated 6/9/2017, 5/31/2017 and 5/25/2017 - Letter from USPS dated 6/30/2017 - Parks and Recreation letter dated August 16, 2017 - Cashier's check for cash in lieu of parkland received (not attached) - Letter from Mountain Reign Construction c w/ Att: Aimee Brunckhorst, Kalispell City Clerk PLANNING FOR THE FUTURE Project /Subdivision N Contact Person: Name: Rory Young Address: 2250 Hwy 93 South Kalispell, MT 59901 Phone No.: 406-755-3208 FINAL PLAT APPLICATION Southside Estates Date of Preliminary Plat Approval: February 6, 2017 Type of Subdivision: Residential x Industrial Total Number of Lots in Subdivision 28 Land in Project (acres) 8.816 Parkland (acres) Cash -in -Lieu $ No. of Lots by Type: 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 w ww.kal!Egt .2 lola� Owner &Flailing Address: Team Development LLC PO Box 1642 Brush Prarie, WA 98606 Commercial PUD Exempt Single Family 14 Townhouse 14 Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Planned Unit Development Condominium Multi -Family Other Other Legal Description of the Property The SW 1/4 of the SE 1/4 lying East of the Easterly Boundary of the Kalispell Bypass of Section 19, T. 28 N., R. 21 W., P.M., M., Flathead Coin«t , -�-tana. FILING FEE ATTACHED 8 4,300.00 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 l�' Improvements Agreement p C1 . Kw 5PPUANNING 0EPANT,,',SENT 1 Attached Not Applicable (MUST CFI ZCM, OWE) X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X 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 (50 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 ad�iised that the County Clerk & Recorder requests that all subdivision final plat applications, be accompanied with a digital copy. F' Owner -Ks) ,Signature Date digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 Southside Estates Subdivision Preliminary Plat Conditions Compliance Review 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. The Southside Estate Subdivision has been developed in compliance with the approved Preliminary Plat. A copy of the approved Preliminary Plat is included in attachment A along with the preliminary site plan in attachment B for comparison with the requested Final Plat (attachment G) and approved site plans (attachment 1) 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 6th of February 2017. The Final Plat application is being made as of the 5th July 2017 with approval by City council expected at the August 7th City Council meeting, well within the three years allowed. 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. 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. The plans and specifications for the Southside Estates subdivision have been approved by the City per attachment C, a letter from the Kalispell Public Works Department. A Subdivision Improvements Agreement (SIA) is being submitted with the Final Plat to guarantee completion of the outstanding storm water drainage installation. A copy of the SIA can be found in attachment D along with a letter confirming that a bond will be provided. 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 Storm Water Discharge Associated with Construction Activities. The Confirmation Letter from DEQ notifying the contractor of DEQ acceptance under the General Permit is included as attachment E. 5. 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. We have attached copies of the approvals received from the Montana Department of Environmental Quality (attachment F) and the Kalispell Public Works Department (attachment C) showing compliance with this condition. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. The plans and specifications for the Southside Estates subdivision have been approved by the City per attachment C, a letter from the Kalispell Public Works Department. 7. Existing onsite infrastructure shall be improved to meet the minimum City of Kalispell Standards for Design and Construction. The plans and specifications for the Southside Estates subdivision have been approved by the City per attachment C, a letter from the Kalispell Public Works Department. 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. A Subdivision Improvements Agreement (SIA) is being submitted with the Final Plat to guarantee completion of the outstanding storm water drainage installation. A copy of the SIA can be found in attachment D. 9. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sever 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. Need to get this letter from Keith? (Attachment G) 10. 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." A copy of the Final Plat document which includes this statement is included as attachment H as evidence of compliance with this condition. 11. 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. A copy of the approval letter received from the USPS has been included in attachment I showing compliance with this condition. The provision of the mail box turn out is included in the SIA and the mail delivery site does not impact sidewalk or proposed boulevard areas. 12. A temporary turnaround shall be required at the east terminus of Destiny Lane to the satisfaction of the Public Works Director. The temporary turnaround was omitted and replaced with a Cul-de-sac. This change was approved by the Kalispell Public Works Department and forms part of the approved plans. A copy of the approved site plans is included in attachment J. 13. An 8- foot sound barrier shall be constructed along the west property boundary. The sound barrier shall extend from the southernmost property line point northerly to a point a minimum of 75 feet past the existing MDT barrier (As shown in FIGURE 3 of the sound study). The materials and construction of the sound barrier shall conform with the recommendations as provided in the sound study completed by Big Sky Acoustics, dated November 7, 2016 and approved by the Architectural Review Committee for aesthetics and neighborhood conformity. The 8 foot sound barrier as described in the sound study provided by Big Sky Acoustics was approved by the Kalispell Public Works Department and forms part of the approved plans. A copy of the approved site plans is included in attachment J. 14. Two Kalispell Bypass bike path access points shall be provided and installed. One shall be located at the western most point of Destiny Lane and the 2nd at the southwestern most point of Kismet Court. The access points to the bypass shall be 5 feet in width as they penetrate the sound wall system to limit the amount of noise intrusion. The bike path shall connect the existing street with the bike path providing for flared ends at the bike path connection point. The Kalispell Bike Path connections as described in the condition were approved by the Kalispell Public Works Department and forms part of the approved plans. A copy of the approved site plans is included in attachment J. 15. A homeowner' s association( HOA) shall be formed and established for the common areas prior to final plat. The HOA should include provisions for the maintenance of all common areas including the storm water ponds, sound wall and wastewater lift station. Provision for the establishment of a HOA is included in the CC&R's for the Southside Estates Subdivision, a copy of which is included as attachment K. Does Brian have an update? 16. The developer shall comply with all recommendations of the geological investigation report completed by CMG Engineering, dated November 10, 2016. A geotechnical or construction materials engineer should certify the recommendations are being properly implemented. A letter from Josh Smith of Slopeside Engineering (formerly of CMG Engineering) is included in attachment L. 17. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Need this from Chad along with his agreement to the Parks proposal. Attachment M 18. Landscaping shall be installed in addition to the fencing that will be surrounding the lift stations. The landscaping should be of such intensity as to shield the lift stations and consist of shrubs and bushes which reach a height of 6 feet or higher. The plan and actual installation shall be approved by the Kalispell Parks and Recreation Director and Public Works Director. Need this from Chad along with his agreement to the Parks proposal. 19. A cash in lieu of parkland in the amount of. 03 acres per dwelling unit shall be provided. The cash payment will be based off of the fair market value of undivided, unimproved land prior to final plat approval. Need this from Chad along with his agreement to the Parks proposal. 20. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. We have provided as attachment N an engineer's estimate of the current progress on site. When compared against the contracted sum it can be seen that more than two-thirds of the necessary infrastructure has been completed prior to final plat. (Currently a blank EE is included, this will be updated on 07/31/17) 21. All utilities shall be installed underground. By referencing the approved site plans contained in attachment J it can be seen that all utilities have been designed to be installed underground. 22. All areas disturbed during development shall be re- vegetated with a weed -free mix immediately after development. By referencing the approved site plans contained in attachment J it can be seen that all disturbed areas within the Right of Way will be re -vegetated with a weed free mix. We have attached a letter from Mountain Reign Construction confirming that the yards around the houses will be re -vegetated on completion of the house construction. See attachment O 23. All residences should be constructed with fire sprinkler systems. Needs a letter from Dave. Attachment P 24. Basements are prohibited within the subdivision due to high groundwater. Included as Attachment Q we have provided the floor plans for both single family and town house showing that no basements are being included. 25. Foundation drains and emergency sump pumps shall be installed at all residences that contain a crawl space. We have attached a letter from Mountain Reign Construction confirming that the emergency sump pumps will be installed in the houses with crawl spaces. See attachment 0. The floor plans included in attachment Q show foundations drains as required to meet this condition. Attachments: A. Resolution 5802 Approving the Preliminary Plat of Southside Estates. B. Site plans attached to the Preliminary Plat Approval. C. Public Work Department Approval Letter D. Subdivision Improvement Agreement E. SWPPP approval from Leighty F. DEQ Approval and MFE Approval G. Letter from Public Works - Easements H. Final Plat I. USPS Approval Letter J. Approved Site Plans K. Southside Estates CC&R's L. Letter from Slopeside Engineering M. City of Kalispell Parks Dept Approval N. Engineers Estimate 0. Letter from Mountain Reign Construction P. Letter from the Fire Chief Q. Proposed House Plans CHICAGO TITLE INSURANCE COMI ANY Policy No.: 7195-36-359666-2017.74156-211594741 CHICAGO TITLE INSURANCE COMPANY GUARANTEE CHICAGO TITLE INSURANCE COMPANY, a Florida Corporation, herein called the Company, guarantees the Assured against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. PLEASE NOTE CAREFULLY THE LIABILITY EXCLUSIONS AND LIMITATIONS AND THE SPECIFIC ASSURANCES AFFORDED BY THIS GUARANTEE. IF YOU WISH ADDITIONAL LIABILITY, OR ASSURANCES OTHER THAN AS CONTAINED HEREIN, PLEASE CONTACT THE COMPANY FOR FURTHER INFORMATION AS TO THE AVAILABILITY AND COST. CHICAGO TITLE INSURANCE COMPANY Countersigned: y By:i3>?}.'3ficf.1�e'CX/c.yZ:, By. �^ KgsuN'ti, Authorized icer or Agent Alliance Tit & crow Corporation l <;>::::. Ss: br 380 E Parkce er Blvd Ste 100 v �` President Boise, ID 83706-3963 Tel: 208-388-8881 +, . r,• Fax:208-388-8934 �� Attest: Secretary Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory. 74156 Miscellaneous Guarantee Face Page for MT & WA 2000_156 Page 1 of 1 SCHEDULE A Subdivision Guarantee Order No.: 359666 Guarantee No.: 74156-211594741 Liability: $10,000.00 Fee: $150.00 Dated: June 15, 2017 Name of Assured: Team Development, LLC 2. Title to said estate or interest at the date hereof is vested in Team Development, LLC 3. The estate or interest in the land hereinafter described or referred to covered by this Guarantee is FEE SIMPLE 4. The land referred to in this Guarantee is situated in the State of MT, County of Flathead and is described as follows: The Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) lying East of the Easterly boundary of the Kalispell By Pass, formerly known as the Great Northern Railroad Company right of way of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. 5. The assurances referred to on the face page hereof are: According to the public records the title to the herein described estate or interest was vested in the vestee named in paragraph 2 subject to the matters shown in Exceptions in Schedule B, which Exceptions are not necessarily shown in the order of their priority. Subdivision Guarantee — ID and MT Schedule A — Form 1023-6 Schedule B — Form 1023-7 SCHEDULE S Subdivision Guarantee Guarantee No.: 74156-211594741 EXCEPTIONS: Encroachments or questions of location, boundary and area, which an accurate survey may disclose; public or private easements, streets, roads, alleys or highways, unless disclosed of record by recorded Plat or conveyance, or decree of a Court of record; rights or claims of persons in possession, or claiming to be in possession, not disclosed by the public records; material or labor liens or liens under the Workmen's Compensation Act not disclosed by the public records; any service, installation or construction charges for sewer, water, electricity, or garbage collection and disposal. 2. Reservations and exceptions in United States Patents or in Acts authorizing the issuance thereof; right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any portion of the land which is now or may formerly have been covered by water, water rights or matters relating thereto. 3. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding the same becoming a lien. 4. County road rights -of -way not shown by the Public Records, including, but riot 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. All minerals in or under said land including but not limited to metals, oil, gas, coal, stone and mineral rights, mining rights and easement rights or other matters relating thereto, whether expressed or implied. 6. Taxes, including any assessments collected therewith, for the year 2017 which are a lien not yet due and payable. 7. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution No. 678G - proposed change in zoning Recorded: July 22, 1994 Instrument No.: 94-203-09030 8. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution No. 678E - Proposed change in zoning Recorded: July 22, 1994 instrument No.: 94-203-09040 Subdivision Guarantee — iD and MT Schedule A — Form 1023-6 Schedule B — Form 1023-7 9. i"erms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: proposed change in zoning and annexation to the City of Kalispell Recorded: August 26, 2003 Instrument No.: 2003-238-08001 10. Easements, restrictions, reservations, notes and/or dedications, as shown on Certificate of Survey No. 11699. 11. Easements reservations and dedications, as shown on Certificate of Survey No. 11826 12. Easements, existing Lift Station Easement, restrictions, reservations, notes and/or dedications as shown on the official plats of Ashley Park Phases 4, 5 and I. 13. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Resolution No. 5206 - Altering the boundaries of the City of Kalispell to include annexed portions Recorded: June 12, 2007 Instrument No.: 2007-163-08020 14.1-erms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Petition to Annex and Notice of Withdrawal from rural fire district Recorded: June 12, 2007 Instrument No.: 2007-163-08100 15. Terms, provisions, covenants, conditions, definitions, options, obligations and restrictions, contained in a document Purpose: Amended Resolution Designation of Controlled Access Highway and Facility Recorded: February 11, 2010 Instrument No.: 2010-00003450 16. A Trust Indenture to secure an indebtedness in the amount shown below. Amount: $1,444,017.00 Trustor/Grantor: Team Development, LLC Trustee: Alliance Title & Escrow Beneficiary: TrailWest Bank Dated: May 9, 2017 Recorded: May 9, 2017 Instrument No.: 201700009242 Subdivision Guarantee — iD and UT Schedule A — Form 1023-6 Schedule B — Form 1023-7 110 - Appendix F - Subdivision Improvement Agreement Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 SUBDIVISION IMPROVEMENT AGREEMENT SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 1 T day of August , 20 17 by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and hereinafter referred to as the CITY, and Team Development, LLC (Name of Developer) a Limited Liability Corporation (Individual, Company or Corporation) located at PO Box 1642 Brush Prairie, WA 98606 (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Southside Estates Subdivision (Name of Subdivision) located at NHN Pintail Dr --SW 1/4 SE 1/4, S19, T28N, R21 W (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Southside Estates Subdivision , 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 111 — Appendix F — Subdivision Improvement Agreement NOTIV THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 692,400.00 Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 692,400.00 the estimated cost of completing the required improvements in Southside Estates Subdivision (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by September 30th , 20 17 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. 2 - Appendix F - Subdivision Improvement Agreement it Y I S ALSC) B}1 FvHD E1 `AEAEN TEE , PA,C�T1ES IiERETO AS 1-4GLLG-VVS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Southside Estates Subdivislon/Tea� Development, LLC r (N4melofS divisi(n/Dev loper/Firm) f by ��-'r '�.� BrIatt Wells, Manager (Title) STATE OF ibl9NzF-AA cob- NTY OF Mu-A-pom,,;,, On this 1 L1' day of Nui�kSfi 20 i 1 before me, a Notary Public for the State of lfet� personally appeared �?� t�+liQ\\S known to me to be the `' �e�i `R i�ls�lr�a��_�r of t-ccLm ik\te \op ky\'ek1-t, whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. mm �Muk mwyyp- Notary Public for the State ofta :ac i)t oFFICIAL SEAL MIST# MARIE WEBB Printed Name M k s o'n c Vl t 00 ii. NOTARY PUBLIC-OREGON Residing at 'br- ° 2 ; d wCorltigNENh1Ei�111R1,�4fl My Commission Expires ,�dpe MAYOR, CITY OF KALISPELL ATTEST: MAYOR CITY CLERK 113 —Appendix F — Subdivision Improvement Agreement I W14 I, t I: Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B See Attached Engineer's Estimate 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 114 —Appendix F —Subdivision Improvement Agreement Landscaping/ Boulevard trees Other ( CHECK CONSTRUCTION . ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE RAPROVEMENTS DATE COSTS SUBTOTAL $ 553,920.00 FEES TOTALS COSTS TOTAL COLLATERAL (TOTALS COSTS X 125%) Inc Above $ 553,920.00 $ 692,400.00 ®PHILADELPHIA INSURANCE COMPANIFIS Subdivision Bond Faithful Performance KNOW ALL MEN BY THESE PRESENTS Bond No. PB00499800025 Premium $17,310 That Team Development, LLC as Principal, and Philadelphia Indemnity Insurance Company., a corporation organized and existing under the laws of the State of Pennsylvania and authorized to transact surety business in the State of Montana, as Surety are held and firmly bound unto City of Kalispell in the sum of Six Hundred Ninety Two Thousand Four Hundred and 00/100 Dollars ($692,400.00), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS the above Named Principal has entered into an agreement, dated 1 ��v7; with the City of Kalispell to do and perform the following work, to wit: Southside Estates NOW, THEREFORE, if the above -bounden Principal shall well and truly perform the work referred to in such agreement, then this obligation shall be void; otherwise to remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized ,attorney in Fact at Tacoma, Washington this 11th day of August, 2017. Team Develo (Prin Philadelphia Indemnity Insurance Compan (Seal) (Sur�tp� (Seal) Tamara,R ngeis in, ,Ptorney In 181 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company), a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Carley Espiritu, Christopher Kinvon, Cynthia L. Jay, Eric A. Zimmerman, James B. Binder, Jamie Diemer, Julie R. Truitt, Karen C. Swanson, Kyle Joseph Howat, Aliceon A. Keltner, Tamara A. Ringeisen, Annelies M. Richie, Heather L. Allen, Mary S. Norrell, Taylor Renae Kornell and Brandon K, Bush of Bratrud Middleton Insurance Brokers, Inc. dba Propel Insurance, its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $25,000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14'h of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attomey(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney -in -Fact and revoke the authority given. And, be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 14"{ DAY OF NOVEMBER, 2016. (Seal) Robert D. O'Leary Jr., President & CEO Philadelphia Indemnity Insurance Company On this 14'h day of November, 2016, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal axed to said instrument is the Corporate seal of said Company, that the said Corporate Seal and his signature were duly affixed. COMMO" TM Qf`EM MotarU+ seal Nora MowarE, Nohry Public lower Martin Twp., Mpntaomary C"r&y My Commission Eon" An. a, 20l! ru.ut nenn+•.;. ...�.�exa,cu:n Notary Public: (Notary Seal) residing at: Bala C, nMd, PA My commission expires: January 8, 2018 I, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto on this 14`h day of November, 2016 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this day of 201-1. Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Southside Estates Final Plat Engineer Estimate As At s 14 2017 Description Unit Qty Total % Complete Total to Date Total Remaining Mobilization LS 1 $4,500.00 100% $4,500.00 $0.00 Survey Staking LS 1 $20,000.00 50% $10,000.00 $10,000.00 SWPPP LS 1 $8,500.00 90% $7,650.00 $850.00 Permits LS 1 $400.00 100% $400.00 $0.00 Compaction Testing LS 1 $4,500.00 50% $2,250.00 $2,250.00 Subtotal $37,900.00 $24,800.00 $13,100.00 Excavate/Recompact Existing Uncontrolled Fill LS 1 $67,200.00 100% $67,200.00 $0.00 Subtotal $67,200.00 $67,200.00 $0.00 8" Sewer Main LF 1350 $64,800.00 100% $64,800.00 $0.00 Sanitary Sewer Manholes EA 9 $25,650.00 100% $25,650.00 $0.00 4" Sanitary Sewer Services EA 42 $50,400.00 100% $50,400.00 $0.00 Sewer Pipe Bedding and Trench Replacement Gravel LS 1 $44,487.00 100% $44,487.00 $0.00 72" Lift Station Replacement, Tie-in to Existing LS 1 $12,300.00 80% $9,840.00 $2,460.00 Subtotal $197,637.00 $195,177.00 $2,460.00 8" Water main LF 1360 $65,280.00 95% $62,016.00 $3,264.00 8" Fittings EA 9 $4,500.00 95% $4,275.00 $225.00 8" Gate Valves EA 3 $6,000.00 95% $5,700.00 $300.00 Fire Hydrants EA 4 $19,200.00 100% $19,200.00 $0.00 3/4" Water Services EA 42 $92,400.00 90% $83,160.00 $9,240.00 Reducers EA 2 $1,000.00 100% $1,000.00 $0.00 Water Pipe Bedding and Trench Replacement Gravel LS 1 $45,566.00 95% $43,287.70 $2,278.30 Subtotal $233,946.00 $218,638.70 $15,307.30 12" Storm Drain LF 770 $27,720.00 70% $19,404.00 $8,316.00 15" Storm Drain LF 150 $5,700.00 66% $3,762.00 $1,938.00 30" Diameter Catch Basins EA 8 $21,200.00 70% $14,840.00 $6,360.00 48" Diameter Storm Drain Manholes EA 7 $19,950.00 70% $13,965.00 $5,985.00 48" Diameter Outfall Structures EA 2 $4,780.00 66% $3,154.80 $1,625.20 CDS Storm Treatment Units EA 2 $25,100.00 100% $25,100.00 $0.00 Underground Storm Retention Areas LS 1 $159,800.00 45% $71,111.00 $88,689.00 3/4" Crush Gravel for Retention Pipe Bedding LS 1 $31,747.00 66% $20,953.02 $10,793.98 Bedding and Replacement Gravel for Solid Pipe LS 1 $16,668.00 66% $11,000.88 $5,667.12 Subtotal $312,665.00 $183,290.70 $129,374.30 Common Utility Trench w/ Bedding LF 3740 $20,570.00 0% $0.00 $20,570.00 3" Secondary Power w/ Pull Rope and Sweeps LF 3740 $9,350.00 95% $8,882.50 $467.50 Power - Sweeps EA 41 $1,722.00 95% $1,635.90 $86.10 Single Phase Electric Vaults EA 8 $7,816.00 95% $7,425.20 $390.80 Street Light Foundations EA 9 $10,800.00 95% $10,260.00 $540.00 Light Pole - 1" Conduit LF 500 $500.00 95% $475.00 $25.00 Light Pole - Sweeps EA 18 $144.00 95% $136.80 $7.20 Subtotal $50,902.00 $28,815.40 $22,086.60 Drive -over Curb and Gutter LF 1 $37,958.00 0% $0.00 $37,958.00 Equipment and Labor with Materials to Prep LS 1 $34,972.00 0% $0.00 $34,972.00 4" Concrete Sidewalk with Gravel SF 14815 $44,445.00 20% $8,889.00 $35,556.00 Dome Tiles EA 9 $1,620.00 0% $0.00 $1,620.00 Inlet Aprons EA 10 $2,200.00 66% $1,452.00 $748.00 Valve Box Squares EA 5 $450.00 66% $297.00 $153.00 Manhole and Catch Basin Aprons EA 12 $2,640.00 66% $1,742.40 $897.60 Mobilize LS 1 $500.00 20% $100.00 $400.00 Subtotal $124,785.00 $12,480.40 $112,304.60 8" Concrete Mailbox Cluster Base with Gravel SF 150 $975.00 0% $0.00 $975.00 Place 12" of 3" minus Pit Run LS 1 $51,120.00 10% $5,112.00 $46,008.00 Place 3" of 3/4" Crush LS 1 $40,399.00 0% $0.00 $40,399.00 Place 4" of Asphalt - 2 lifts LS 1 $91,700.00 0% $0.00 $91,700.00 Access Roads to Retention Cleanouts LS 1 $17,465.00 0% $0.00 $17,465.00 Subtotal $201,659.00 $5,112.00 $196,547.00 Phone/Data - 2" Conduit LF 3740 $6,732.00 95% $6,395.40 $336.60 Phone/Data - Sweeps EA 42 $1,428.00 95% $1,356.60 $71.40 Subtotal $8,160.00 $7,752.00 $408.00 Landscaping LS 1 $41,478.00 22% $9,125.16 $32,352.84 Electrical Underground LS 1 $92,928.00 100% $92,928.00 $0.00 Natural Gas LS 1 $28,090.00 100% $28,090.00 $0.00 Sound Wall and Fencing at Utility Lot 1 LS 1 $60,335.00 50% $30,167.50 $30,167.50 Subtotal $222,831.00 $160,310.66 $62,520.34 TOTAL $1,457,685.001 62% $903,576.86 $553,700.14 Return to: Aimee Brunckhorst Kalispell City Clerk 2010 Avenue East Kalispell, MT 59901 FIRE APPARATUS ACCESS ROAD AGREEMENT THIS AGREEMENT, made and entered into this day of �� �S T , 2017-, by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and hereinafter referred to as the CITY, and Team Development, LLC a Limited Liability Corporation located at P.O. Box 1642 Brush Prairie, WA 98606, Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision within the City of Kalispell, known as Southside Estates, a 42-lot subdivision located at NHN Pintail Drive — A portion of Tract 4 in the SW4 SE4, S19, T28N, R21W; and WHEREAS, among the conditions of approval for the preliminary plat was condition number twenty three (23), which states that all residences shall be constructed with fire sprinkler systems due to the fact that there is only a single access road into the subdivision; and WHEREAS, the maximum number of dwelling units permitted on a single access road into the subdivision is limited to thirty (30) without fire sprinklers being installed; and WHEREAS, the Developer has purchased adjacent property to the east that will allow for the construction of a second fire apparatus access road; and WHEREAS, the Developer desires to construct a second fire apparatus access road into the subdivision, negating the need for fire sprinklers; and WHEREAS, the City of Kalispell Fire Chief has reviewed the plans for the second fire apparatus access road and determined that it meets the requirements as a second fire apparatus access road capable of supporting a vehicle of at least 75,000 pounds. NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1) That the second fire apparatus road is to be located as shown on the attached plan. 2) That the second fire apparatus road will be minimum 20' in width. 3) That the second fire apparatus road will be constructed by removing existing top soil to a point approved by Public Works, installing an improved silt fabric base with 18" of 3" minus rock and then topped with 6" of 3/4" minus rock. 4) That the second fire apparatus road will be maintained so as to not fall into disarray and shall provide access by a fire truck at all times (including winter snow events). 5) That the second fire apparatus road shall be constructed and approved prior to building permit issuance of the 31' dwelling unit within the subdivision. 6) That if the second fire apparatus road is not installed prior the building permit issuance of the 31St dwelling unit, no additional building permits for residential dwelling units will be issued for the subdivision, unless the Developer receives approval from the fire chief for an alternate solution. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer, and is subject to this agreement until which time a permanent secondary fire apparatus access road is constructed and approved by applicable city departments. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein Team lelonment, LLC /A, j�°//' fey/jJ' / ia / , din �I "i e. (Name) (Title) STATE OF MONTANA COUNTY OF V 64 � -\6 On this _ `� h day of ,i,t, 20 f r 1 before me, a Notary Public for the State of Montana, personally appeare !�,4 i c'i i 1 1. [t S , known to me to be the yy_'­Piya�024 of-T a,).-) c,, - n., whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. 0 C.. ti. ,>7; �NONt4, SHANNON L VOJTA " ' a -��QaoJARiq� �9 NOTARY PUBLIC for the otary Public for the State of M tana *SEAL State of Montana / Residing at Kalispell, Montana Printed Name _� 1C{ /) / ) C J i L �. N9r PeQ My Commission Expires Residing at I ( FOFMOI� April 27, 2021 My Commission Expires H02 i i I, a Li,Ai MAYOR, CITY OF KALISPELL ATTEST: MAYOR CITY CLERK After recording mail to: TEAM Development, LLC P.O. Box 1642 Brush Prairie, WA 98606 (360) 907-3865 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SOUTHSIDE ESTATES THIS DECLARATION is made this A day of , 2017 by the undersigned, Team Development LLC, of Brush Prairie, Washington (hereinafter "Declarant"). WITNESSETH: Whereas, Declarant is the Owner of certain real Property in Flathead County, Montana, known as Southside Estates Subdivision, for which a plat or map whereof is on file and of record in the office of the County Clerk and Recorder of Flathead County, Montana; and, Whereas, Declarant desires to subject said real Property to the covenants, conditions and restrictions hereinafter set forth, each and all of which is and are for the benefit of said Property and for each Owner thereof, and shall inure to the benefit of and pass with said Property, and each and every parcel thereof, and shall apply to and bind the successors in interest, and any Owner thereof: Now, Therefore, for the purpose of providing a uniform plan for the development of the Property and protecting the value and desirability of the Property, Declarant hereby declares that the real Property described above and in Article 1 is and shall be held, transferred, sold and conveyed subject to the covenants, conditions and restrictions hereinafter set forth. These covenants are in addition to the requirements of the underlying zoning which is R-4 (Residential). ARTICLE I DEFINITIONS Section 1.1— Association: `Association' means the Southside Estates Homeowners Association, and its successors and assigns. Section 1.2 - Board of Directors: `Board of Directors' means the Board of Directors of the Association. CC&Rs for Southside Estates Subdivision Page 1 Section 1.3 — Bylaws: `Bylaws' means the Bylaws of the Association as the same may be amended from time to time. Section 1.4 - Common Area: `Common Area' means the Property which is subject to this Declaration, but excluding individual Lots within the Property and property dedicated to the City of Kalispell, Montana for public use including streets, public utilities, and related improvements. Thus, the Common Area includes real Property maintained by the Association for the common benefit of the Owners and such other persons as may be permitted to use the Common Area under the terms of this Declaration or any contract with the Association. Initially, the Common Area includes two storm -water retention systems, and a sound wall along the West Property boundary. The initial Common Area may also include landscaping improvements and a playground area with playground equipment. Section 1.5 - Common Expenses: `Common Expenses' means (a) the expenses of maintaining, managing, and operating the Common Area; (b) premiums for liability insurance carried by the Association; (c) all other expenses incurred by the Association in administering, servicing, conserving, managing, paying Property taxes upon, maintaining, repairing, or replacing the Common Area and any improvements located on it; (d) all expenses incurred by the Association in administering and managing the Association and this Declaration; (e) all expenses incurred by the Association in any other activities undertaken for the common benefit of all or some of the Owners; and (f) all expenses lawfully determined to be Common Expenses by the Board of Directors of the Association, as provided in this Declaration and in the Articles and Bylaws of the Association. Section 1.6 — Declarant: `Declarant' means Team Development LLC. Declarant may assign some or all of its rights under this Declaration to a third party by a written instrument specifically referring to such rights recorded in the records of Flathead County, Montana. Such instrument may specify the extent and portion of the rights or interests of Declarant which are being assigned, in which case the initial Declarant shall retain all other rights as Declarant. Section 1.7 — Declaration: `Declaration' means this Declaration of Covenants, Conditions and Restrictions of Southside Estates, as it may be amended from time to time. Section 1.8 — Lot: `Lot' means each parcel within the Property described below, which is designated as a Lot on a plat of the Property, including any such parcel owned by Declarant and excluding any Common Area. Section 1.9 — Owner: `Owner' means any person or entity owning a fee simple interest in a Lot or a contract purchaser, whether one or more persons or entities, owning or purchasing a Lot, but excluding those having a mortgage or an interest merely as security for the performance of an obligation, provided, however, that prior to the first conveyance of a Lot for value, the term "Owner" shall mean "Declarant" or its successors or assigns. CC&Rs for Southside Estates Subdivision Page 2 Section 1.10 - Period of Declarant Control: `Period of Declarant Control' means the period beginning on the date this Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana, and ending on the earlier of. (a) the date which is 10 years later, or (b) the date on which the Declarant has sold ninety percent (90%) of the Lots within Southside Estates and has notified the Association in writing that Declarant has determined that no additional Properly shall be added to Southside Estates. The Period of Declarant Control may be reinstated or extended by agreement between Declarant and the Association upon such terms and conditions as the parties may agree. After the termination of the Period of Declarant Control, Declarant, if still an Owner, will continue to have all the rights and duties ordinarily given to Owners under this Declaration. Section 1.11— Property: `Property' means the real Property which is and shall be held, transferred, sold and conveyed subject to the covenants, conditions, and restrictions herein set forth and more particularly described as follows: THAT PORTION OF THE SOUTHWEST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 19, TOWNSHIP 28 NORTH, RANGE 21 WEST, PRINCIPAL MERIDIAN, MONTANA, FLATHEAD COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 19; THENCE S00°2925"E ON AND ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, A DISTANCE OF 1022.22 FEET TO A POINT ON THE NORTHEASTERLY RIGHT-OF-WAY OF U.S. HWY No. 93 ALTERNATE ROUTE; THENCE N36044'56"W ON AND ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 1260.44 FEET TO A POINT ON THE NORTHERLY LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 19; THENCE N89°03'52"E ON AND ALONG SAID NORTHERLY LINE, A DISTANCE OF 751.44 FEET TO THE POINT OF BEGINNING. THIS TRACT CONTAINS 8.816 ACRES, SUBJECT TO AND TOGETHER WITH ALL APPURTENANT EASEMENTS AND ENCUMBRANCES APPARENT AND OF RECORD. Section 1.12 — Southside Estates: Southside Estates shall mean all of the real property located in Flathead County, Montana, described in Section 1.11, above, as well as all real property which in the future becomes part of the Southside Estates Homeowners Association. Additional real property within Flathead County, Montana, may become part of the Southside Estates Homeowners Association in the future, as provided in Section 6.4, below, and in such event shall be deemed to be within Southside Estates and subject to all of the provisions contained in this Declaration. CC&Rs for Southside Estates Subdivision Page 3 Section 1.13 - Other Definitions: Other definitions may be found throughout this Declaration. Any term not specifically defined shall be deemed to have its common and ordinary meaning. ARTICLE II HOMEOWNERS ASSOCIATION Section 2.1 - Establishment of Association and Adoption of Bylaws: An Association is hereby established known as "Southside Estates Homeowners Association." Said Association may be incorporated under a different name as may be determined by the Association and approved by the Montana Secretary of State. The Association shall be formed prior to the close of sale of any Lot within the Property. The Bylaws of the Association will be adopted by the Association prior to the close of sale of any Lot within the Property. Section 2.2 — Powers: The Association shall have all such powers as permitted by the laws of the State of Montana, provided that the Association shall be subject to and abide by the provisions of this Declaration, as the same may be amended from time to time. Section 2.3 — Membership: All Owners of the Lots within Southside Estates shall be members of the Association. The Owners of any Lot shall automatically become members of the Association and shall remain members until such time as the Ownership of such Lot ceases for any reason, at which time the corresponding membership in the Association shall cease. For the purpose of determining membership at any meeting, a person or entity shall be deemed to be a member upon the recording of a duly executed deed to that Owner, or upon the recording of a notice of a purchaser's interest or an abstract of a contract for deed showing a contract purchase by an Owner. The legal title retained by the vendor selling under contract shall not qualify such vendor for membership. Foreclosure of a mortgage, trust indenture or the termination or foreclosure of a contract for deed wherein title is vested in the mortgagee, beneficiary or original seller on a contract, or repossession for any reason of a Lot sold under a contract shall terminate the vendee's membership, whereupon all rights to such membership shall vest in the legal Owner. Members shall participate in the manner prescribed by the Articles and Bylaws of the Association, and resolutions of the Association's Board of Directors. Section 2.4 - Owners' Address: Upon acquiring a Lot, the Owners of the Lot shall immediately inform the Association of their names and of one address to which notices from the Association should be sent. The Owners shall be responsible for informing the Association of any change of address. CC&Rs for Southside Estates Subdivision Page 4 Section 2.5 — Voting: There shall be one vote for each Lot. If a person or entity owns more than one Lot, that person or entity shall have as many votes as the number of Lots owned by that person or entity. If more than one person or entity has an Ownership interest in a single Lot, such persons or entities must decide among themselves how the vote for that Lot shall be cast. Section 2.6 - Management During Period of Declarant Control: During the Period of Declarant Control, Declarant may appoint, remove and replace from time to time any or all of the directors and officers of the Association. If Declarant so elects, Declarant may from time to time relinquish, either on a temporary or permanent basis, the right to appoint all or a portion of the directors and officers of the Association. Any such relinquishment shall be expressed in writing to the Association. Section 2.7 - Association Meetings: Annual and Special meetings of the Association shall occur as set forth in the Association's Bylaws. Section 2.8 - Turnover Meeting: The Declarant reserves the right, at any time before the expiration of the Period of Declarant Control, to call a special meeting of the Association for the purpose of transferring control of the Association to the members. Should the Declarant call such a meeting, it shall present to the members its plan for the orderly transfer of control of the Association to the members, and the members will be obligated to accept control of the Association in accordance With such plan. ARTICLE III COMMON AREA Section 3.1 - Control and Management: The Association shall have the exclusive right and obligation to manage, control, improve and maintain the Common Area within Southside Estates. The Association shall be responsible for liability insurance, state and local taxes payable by the Association, and maintenance of facilities and improvements in the Common Area. The Board of Directors, among its other duties, shall establish and levy assessments to pay for the taxes payable by the Association, insurance, maintenance and other expenses associated with the Common Area under the control and authority of the Association. The Board of Directors may, in its discretion, adjust the assessments to meet the changing needs of the Southside Estates community and the areas serving the community. Section 3.2 - Property Taxes: It is acknowledged that, for property tax purposes, Flathead County and the State of Montana may allocate to each Lot a fractional, proportional portion of the value attributable to the Common Area. By accepting a deed to a Lot, the Owner agrees to this mechanism for property taxation and agrees to pay a proportional share (as allocated by Flathead County and the State of Montana) of the taxes attributable to the value of the Common Area, while at the same time allowing the Association to administer and control the Common Area. CC&Rs for Southside Estates Subdivision Page 5 Section 3.3 - Easements Over All Common Area: The Owners shall have an easement for the use and enjoyment of all of the Common Area, subject to such rules and regulations as the Association may develop from time to time, and also subject to the rights reserved to Declarant and the reserved rights of any third parries with respect to the Common Area. Declarant reserves and shall have an easement over all of the Common Area for ingress, egress and utilities. Declarant may grant further easements to others for such use of the Common Area. Section 3.4 - No Dedication to the Public: Nothing in this Declaration will be construed as a dedication to public use, or a grant to any public municipal or quasi -municipal authority or utility, or an assumption of responsibility for the maintenance of any Common Area by such authority or utility, absent an express written agreement to that effect. However, the Association has the right to dedicate or transfer all or part of the Common Area to any public agency, authority or utility for such purpose and subject to such conditions as may be agreed to. Section 3.5 - Approval of Declarant: During the Period of Declarant Control, no construction of improvements shall take place within the Common Area nor shall any other changes or alterations be made to the Common Area or the uses within the Common Area without the prior written consent of the Declarant. ARTICLE IV ASSESSMENTS Section 4.1— Assessments: Each Owner, whether or not it shall be so expressed in any deed or contract, is deemed to have agreed to this Declaration, and to pay to the Association assessments for Common Expenses as provided herein, including annual assessments or charges, and special assessments for capital improvements and other expenses, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on each Lot, and shall be a continuing lien upon the property against which each such assessment is made. Each assessment, together with any accruing interest, costs and attorney's fees, shall be the joint and several personal obligation of the Owner(s) of such Lot at the time when the assessment is due. Section 4.2 - Purpose of Assessments: The assessments levied by the Association shall be used to promote the health, safety, convenience, and welfare of the Owners; for the improvement, repair and maintenance of easements, trails, and the Common Area; and for any other purposes, expressed or implied in this Declaration. Section 4.3 - Annual Assessments: The maximum annual assessment per Lot which may be made by the Association in any calendar year shall not substantially exceed the projected and CC&Rs for Southside Estates Subdivision Page 6 budgeted actual and reasonable costs to be incurred by the Association during the coming year in carrying out its functions, and may include a reasonable reserve for contingencies. The annual assessment shall be equal for each Lot. Payment of the annual assessment shall be due and payable on a date or dates established by the Board of Directors, in an annual, monthly, quarterly, or other periodic installment as the Board of Directors may provide. The initial annual assessment shall be $180.00 per Lot. The amount of the annual assessments shall be fixed by the Board of Directors in the following manner: At each annual meeting of the members, the Board of Directors shall present a proposed budget of the estimated expenses for the Association for the coming year to the members for review, discussion, amendment, comment and approval. Estimated expenses for the Association shall include, without limitation, the cost of maintenance, repair, and operation of the Common Area; expenses of management; premiums for insurance coverage as deemed desirable or necessary by the Association; common water and utility charges for the Common Area; legal and accounting fees; management fees; expenses and liabilities incurred by the Association under or by reason of this Declaration; payment of any deficit remaining from a previous assessment period; and the creation or supplementing of a reserve fund for general, routine maintenance, repairs and replacement of improvements within the Common Area on a periodic basis, as needed. The Members shall approve or amend the proposed budget by a majority vote of the members present or voting by proxy. After the annual meeting, the Board of Directors shall set the amount of the assessments and the date(s) upon which they are due for the coming year to cover the budget approved in the manner herein set forth. Section 4.4 - Special Assessments: The Board of Directors may, from time to time, levy upon and subsequently collect from each Owner a special assessment for each Lot. Special assessments may be levied for capital improvements or acquisitions, extraordinary expenses or for such other purposes as the Board of Directors may determine. Any special assessment shall be equal for each Lot. Payment of any special assessment shall be due and payable as the Board of Directors may provide. Section 4.5 - Priority of Lien for Assessments: The lien of any assessments will be superior to and prior to any homestead exemption provided now or in the future by the laws of the State of Montana, and to all other liens and encumbrances except the following: (a) Liens and encumbrances recorded before the date of the recording of this Declaration, (b) Liens for real estate taxes and other governmental assessments or charges duly imposed against the Lot by a Montana governmental or political subdivision or special taxing district, or any other liens made superior by statute; and (c) The lien for all sums unpaid on a first mortgage taken in good faith and for value and perfected by recording in the office of the Clerk and Recorder of Flathead County, Montana, prior to the time of recording in said office of an instrument describing the Lot affected and listing the name or names of the Owner or CC&Rs for Southside Estates Subdivision Page 7 Owners and giving notice of such violation, breach or failure to comply, (with such superiority to include any and all advances made by the first mortgagee, even though some or all of such advances may have been made subsequent to the date of filing of a written lien statement for delinquent assessments). Any first mortgagee who acquires title to a Lot by foreclosing the first mortgage or by receiving a deed or assignment in lieu of such a foreclosure, or any purchaser at a foreclosure sale of the first mortgage, will take the Lot free of any claims for unpaid assessments, interest, late charges, costs, expenses, and attorney's fees against the Lot which accrue prior to the time such first mortgagee or purchaser acquires title to the Lot. All other persons who hold a lien or encumbrance of any type not described in subsection (a), (b) or (c), above, will be deemed to consent that their lien or encumbrance will be subordinate to the Association's future liens for assessments, interest, late charges, costs, expenses and attorney's fees, as provided in this Article and in this Declaration, whether or not such consent is specifically set forth in the instrument creating any such lien or encumbrance. Section 4.6 - Failure to Pay Assessments - Re miedies of the Association: No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area, or by abandonment of their Lot. Any assessment or installment of an assessment not paid within thirty (30) days after its due date will be delinquent. In the event of such delinquency, the Association may take any or all of the following actions: (a) Assess a late charge for each delinquency at uniform rates set by the Board of Directors from time to time; (b) Charge interest from the date of delinquency at uniform rates set by the Board of Directors from time to time, but not to exceed the maximum rate of interest allowed by applicable law; (c) Suspend the voting rights of the Owner during any period of delinquency; (d) Bring an action against any Owner personally obligated to pay the delinquent assessments; (e) Record a notice of lien with the Clerk and Recorder of Flathead County, Montana. Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien upon the Owner's Lot until paid. If the assessment is not paid within thirty (30) days after the recording of the notice of lien, the Association may foreclose the lien in the manner set forth under Montana law for the foreclosure of liens against real property; (f) The Association shall be entitled to recover from the Owner any and all reasonable attorney's fees and costs incurred in the collection of any delinquent assessments; CC&Rs for Southside Estates Subdivision Page 8 (g) The remedies provided under this Declaration shall not be exclusive, and the Association may enforce any other remedies to collect delinquent assessments as may be provided by law. Section 4.7 - Sale or Transfer of a Lot: The sale, transfer, or encumbrance of any Lot shall not affect the personal liability of the Owner responsible for the assessment or the assessment lien if a lien is recorded in the records of Flathead County, Montana. No sale or transfer to a third party with actual or constructive knowledge of an assessment shall relieve such new Owner from the liability for any outstanding assessments, or from any assessments thereafter becoming due, or from the recorded lien thereof. A person or entity purchasing a Lot shall be responsible for checking with the Association for any outstanding assessments against said Lot before closing the transaction. Section 4.8 - Statement of Status of Assessments: On written request, the Association will furnish to an Owner or his designee or to any mortgagee a statement setting forth the amount of unpaid assessments then levied against the Lot in which the Owner, designee or mortgagee has an interest. The information contained in such statement, when signed by an officer, director or agent of the Association, will be conclusive upon the Association, the Board, and every Owner as to the person or persons to whom such statement is issued and who rely on it in good faith. Section 4.9 - Declarant's Responsibility for Assessments: Notwithstanding the foregoing, the Declarant, although a member of the Association, shall not be responsible at any time for payment of the annual assessments for Lots owned by Declarant, unless and until Declarant constructs a home on such Lot. The Declarant, however, shall pay a proportionate share of all current expenses of administration actually incurred by the Association from time to time for routine maintenance of the Common Area. For purposes of the foregoing sentence, the Declarant's proportionate share of such expenses shall be based upon the ratio of all Lots which are listed for sale owned by the Declarant at the time the expense is incurred (i.e., the number of Lots which are for sale) to the total number of such Lots plus Lots owned by third parties (i.e., the total number of sold Lots plus Lots which are for sale). So long as Declarant owns any Lots, any increase in the annual assessment and any special assessment shall require the Declarant's written consent. Further, the Declarant shall in no event be liable for any assessment levied in whole or in part to purchase any property from the Declarant or to finance any litigation or other claim against the Declarant, any cost of investigating and preparing such litigation or claim, or similar related costs. ARTICLE V PROTECTIVE COVENANTS Section 5.1 - Conditions from Subdivision Approval: The conditions imposed upon the approval of the Southside Estates Subdivision are incorporated herein as part of this Declaration to the extent they apply to the use of the Property. CC&Rs for Southside Estates Subdivision Page 9 Section 5.2 - Zoning Regulations: The zoning of the Property at the time of the filing of this Declaration is R-4 and all uses must comply with that zoning unless the zoning has been changed prior to the attempted use. If the zoning has been changed, the use shall comply with the then existing zoning. In addition, if as at the present time there is a need for a zoning compliance permit from the local planning authority, (presently known as the Flathead Regional Development Office, or City of Kalispell), such permit shall also be required under this Declaration. Section 5.3 - Land Use: No Lot shall be used except for one single-family residence not to exceed two stories in height. Basements are prohibited. Section 5.4 - Sewage Disposal: No individual sewage disposal system shall be permitted. A11 sewage disposal shall be by connection to the City of Kalispell's sewer system. Section 5.5 - Water Supply: No individual water supply system or systems shall be permitted. All water service must be furnished by public water connections. Section 5.6 - Building Location: All structures shall be constructed within the setback requirements established by the City of Kalispell, Montana. Section 5.7 - Dwelling Design Guidelines: Residential improvements shall be no higher than two (2) stories above finished grade level with a maximum of a thirty-four foot (34') ridgeline above the highest finished grade at the home foundation. Minimum square footage of heated living area for a single-family residence, excluding garage, enclosed patios or decks, attics and unheated storage areas, shall be as follows: (a) one story: 1,000 square feet, (b) two story: 1,200 square feet with a minimum of 600 square feet on the primary level. Maximum square footage of heated living area for a single-family residence, excluding garage, enclosed patios or decks, attics and unheated storage areas, shall be 2,500 square feet. All construction shall be complete within one year from the date construction begins. Section 5.7.1 - Exterior Finish: The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping in the Property. Exterior colors must be subdued earth tones. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. Section 5.7.2 - Exterior Materials: Roofing materials shall be minimum 25-year architectural laminated composition or equivalent composite material as may be further limited or described in the rules and regulations of the Association. Roofing colors must be earth tones, gray tones, or shades of black. No manufactured wood roofs or metal roofs are permitted. Window trim, if any, must be wood or vinyl wrap, or shutters. Exterior siding shall be cedar, L.P., Lap, Hardee Plank or other cementitious products. Minimum roof pitch is to be no less than five -twelve, (5:12). CC&Rs for Southside Estates Subdivision Page 10 Section 5.8 — Landscaping: The front yard landscaping of each Lot and the side yard landscaping of each corner Lot must be completed within three (3) months from the date of occupancy of the home constructed on the Lot. In the event of undue hardship due to weather conditions, this provision may be extended upon written request to the Association, (or Declarant during the Period of Declarant Control). Landscaping of all rear yard areas must be completed within six (6) months from the date of occupancy of the home on the Lot. All front and rear yard areas shall be planted with any of the following: trees and shrubs, ground cover, conifer trees, deciduous shrubs and trees, and lawn areas. Each Lot must plant a minimum of three (3) trees with a base height of not less than six (6) feet. All other yard areas shall, at a minimum, be covered with bark mulch or similar material. Extensive areas of sparsely planted shrub beds covered with bark dust or similar materials is not permitted. Mounding of planting beds and lawn areas will be permitted if graded so as to blend with adjacent property and/or landscaping. Special care shall be taken to ensure proper surface drainage to eliminate casual water pockets, and so as not to infringe on neighboring property. Each Owner shall maintain the landscaping and yard area in an attractive appearance and free from insects and diseases and noxious weeds. Each Owner shall provide for the timely replacement of lost plant life and bark dust, and trimming and pruning of plant material to prevent an overgrown look. Hedges must be kept trimmed and neat and not exceed six (6) feet in height. No hedge, shrubs or other plantings or any fence shall be permitted which unreasonably obstructs the view of an Owner or motor vehicle driver. Section 5.9 - Landscaping of Boulevards: All Lots shall be landscaped to the paved street. Boulevards shall be grass only except plantings approved by the City of Kalispell. Section 5.10 — Fences: Fences shall not exceed six (6) feet in height, except a front yard fence, which shall not exceed three (3) feet in height. In no event shall side yard fences project beyond the front walls of any residence or any garage. For fencing along streets or open spaces, the `board finished side' of any fence constructed of wood shall face away from the home. Electrical fences and barbed wire fences are prohibited. Fences shall be setback from the sidewalk three (3) feet. Section 5.11 - Owners' Obligation to Repair: Each Owner, at the Owner's sole cost and expense, shall repair the Owner's residence, keeping the same in a condition comparable to the condition of the residence at the time of its initial construction, excepting only normal wear and tear. Section 5.12 - Owners' Obligations to Rebuild: If all or any portion of a residence is damaged or destroyed by fire or other casualty, it shall be the duty of the Owner or Owners, with all due diligence, to rebuild, repair, or reconstruct the residence in a manner that will substantially restore it to its appearance and condition immediately prior to the casualty. CC&Rs for Southside Estates Subdivision Page 11 Reconstruction shall be undertaken within six (3) months after the damage occurs, unless prevented by causes beyond the control of the Owner or Owners. Section 5.13 - Mobile Homes and Trailers for Residential Purposes: No house trailer, mobile home, doublewide or any other prefabricated structure designed to be hauled or moved on wheels, shall be used for residential purposes. No structures of a temporary character, trailer, tent, shack, garage, or other outbuilding shall be used on any Lot at any time as a residence, whether temporarily or permanently. Section 5.14 - Commercial Activities: No Lot or any part of the herein described Property shall be used at any time for any manufacturing or other commercial purpose that would cause any significant increase in traffic. Lawful home occupation businesses shall comply with the requirements of the City of Kalispell, including, without limitation, Municipal Code Section 27.20.060, as amended. Section 5.15 — Vehicles: No truck (except pickups of 3/4 ton hauling weight or less), house trailer, motor home, camper, boat, motorcycles, motor -scooters, or trailer of any type shall be stored or parked on any Lot or street other than temporarily (in no case in excess of 24 hours) and then solely for the purpose of loading or unloading or a service call; provided, however, that each vehicle may be kept within an Owner's enclosed garage or screened behind the residence's front elevation. No vehicles of any kind shall be parked on any portion of the Property while such vehicles are in a state of disrepair or while being repaired. Section 5.16 — Signs: No signs, advertising, billboards or advertising structures of any kind shall be erected, used or maintained on the Property except for the purpose of advertising for sale or rent the Property upon which it is erected, except as provided in section 6.1(d). This Section shall not be construed to limit a Member's right to place and display a sign advocating the election, appointment, or defeat of a candidate for public office or the passage or defeat of a ballot issue, as permitted by MCA 70-1-522, as amended, and as regulated by such rules and regulations that the Association may hereafter lawfully adopt. Section 5.17 — Garbage: No rubbish, trash, garbage, or other waste material shall be kept or permitted on any Lot or on any Common Area. All waste shall be removed as often as reasonably necessary. Equipment for the disposal of such material shall be concealed except for the day of garbage pickup and must be removed from the street within one day of the day of garbage pickup. No part of the Property shall be used or maintained as a dumping or storage ground for rubbish, trash, garbage, old automobiles or other wastes. Section 5.18 - Common Area: No Owner shall deposit debris such as lawn clippings, limbs, shrub trimmings, or garbage of any nature in the Common Area. The Common Area is to be left in its natural state, other than as reasonably required by the Association, a governing municipality, or the Declarant to access, repair, replace, or update current conditions and improvements. CC&Rs for Southside Estates Subdivision Page 12 Section 5.19 — Animals: No animals of any kind shall be raised, bred, or kept on any Lot, except that dogs, cats, and other domestic animals may be kept and raised, but not for commercial purposes. Permitted animals must be confined to the Lot of their Owner and not permitted to run at large. Section 5.20 — Nuisances: No noxious or offensive activity shall be carried on or permitted upon any Lot, nor shall anything be done thereon which is or may become an annoyance or nuisance to the neighborhood. Section 5.21 - Rules and Regulations: The Board of Directors may from time to time adopt, amend or terminate rules and regulations concerning the Common Area and/or actions or activities within Southside Estates that have an impact on other Owners. A copy of any such rules and regulations shall be sent to all Owners. All Owners and their family, guests and invitees shall abide by any such rules and regulations. ARTICLE VI DECLARANT RIGHTS Section 6.1 - Completion of Work and Establishment of Subdivision: Declarant or the transferees of Declarant shall undertake the work of developing all Lots included within the Southside Estates Subdivision. The completion of that work, and the sale, rental, or other disposal of residential units is essential to the establishment and welfare of the Property as an ongoing residential community. In order that such work may be completed and the Property established as a fully -occupied residential community as soon as possible, nothing in this Declaration shall be understood or construed to: (a) prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's transferees from doing on any part or parts of the Property owned or controlled by Declarant or Declarant's transferees or their representatives, whatever they determine may be reasonably necessary or advisable in connection with the completion of such work; (b) prevent Declarant, Declarant's transferees, or the employees, contractors or subcontractors of Declarant or Declarant's transferees from constructing and maintaining on any part or parts of the Property owned or controlled by Declarant, Declarant's transferees, or their representatives, such structures as may be reasonably necessary for the completion of such work, the establishment of the Property as a residential community, and the disposition of Lots by sale, lease, or otherwise; (c) prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's transferees from conducting on any part or parts of the Property owned or controlled by Declarant or Declarant's transferees or their representatives the business of completing such work, of CC&Rs for Southside Estates Subdivision Page 13 establishing the Property as a residential community, and of disposing of Lots by sale, lease, or otherwise; or (d) prevent Declarant, Declarant's transferees, or the employees, contractors, or subcontractors of Declarant or Declarant's transferees from maintaining such sign or signs on any of the Lots owned or controlled by any of them as may be necessary in connection with the sale, lease, or otherwise of such Lots. As used in this section, the words "Declarant's transferees" specifically exclude purchasers of Lots improved with completed residences. Section 6.2 - Sales Office and Model Unit: Declarant shall have the right to maintain a sales office and model unit in one or more of the Lots or living units which the Declarant owns. The Declarant and prospective purchasers and their agents shall have the right to use and occupy the sales office and model during reasonable hours any day of the week. Declarant may assign these rights to other developers of Lots or living units on the Property. Section 6.3 - Unilateral Amendment by Declarant: At any time, before or after the Period of Declarant Control, so long as Declarant owns a Lot, Declarant my unilaterally amend this Declaration (1) if such amendment is solely to comply with applicable law or correct a technical or typographical error, (2) if such amendment does not adversely alter any substantial rights of any Owner or mortgagee, or (3) in order to meet the guidelines or regulations of a mortgagor or insurer including, but not limited to, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, the Federal Housing Administration, or the Veterans Administration or any similar agency. Such amendments shall not require approval of any Owners. Section 6.4 — Expansion. - Section 6.4.1 - Declarant May Expand: Declarant reserves the right, but will not be obligated to expand the effect of this Declaration to include additional property. The consent of the existing Owners, the Association or the Board of Directors of the Association will not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. Section 6.4.2 - Declaration of Annexation: Any expansion may be accomplished by recording a Declaration of Annexation and one or more supplemental plats in the records of the Clerk and Recorder of Flathead County, Montana. The Declaration of Annexation will describe the real property to be annexed, submitting it to this Declaration. Upon such annexation, each lot in the annexed property will be allocated one vote and liability for the Common Expenses equal to the liability allocated to each of the other Lots, and the proportionate voting interest and allocation of Common Expenses for the other Lots will be adjusted accordingly. Upon such annexation, each owner of a lot in the annexed property shall automatically become a member of the Association. Such Declaration of Annexation CC&Rs for Southside Estates Subdivision Page 14 will not require the consent of Owners, the Association, or the Board of Directors of the Association. Any such expansion will be effective upon the filing for record of such Declaration of Annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion. Upon the recordation of any such Declaration of Annexation, the definitions used in this Declaration will be expanded automatically to encompass the annexed property. Such Declaration of Annexation may add supplemental covenants peculiar to the annexed property, or delete or modify provisions of this Declaration as it applies to the annexed property. However, this Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided below for amendment. ARTICLE VII DURATION AND AMENDMENT Section 7.1 - Duration of Declaration: These covenants, conditions, and restrictions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of fifteen (15) years from the date these covenants, conditions, and restrictions are recorded, after which time said covenants, conditions, and restrictions shall be automatically extended for successive periods of ten (10) years, unless the written consent of Owners holding sixty percent (60%) or more of the votes in the Association has been recorded, agreeing to change said covenants, conditions and restrictions in whole or in part. Section 7.2 — Amendment: Subject to the limitations of Section 6.3 and Section 6.4, this Declaration of covenants, conditions, and restrictions, or any provision of it, may be terminated, extended, amended, or revoked as to the whole or any portion of the Property as follows: Section 7.2.1 - Prior to Sale of Lots: Prior to the sale of any Lot (excluding any sale to a person or entity affiliated with Declarant), Declarant may terminate, extend, amend, or revoke this Declaration as to the whole or any portion of the Properly by recording in the records of Flathead County, Montana, a document signed by the Declarant stating the action taken. Section 7.2.2 - After Sale of Lots but During Period of Declarant Control: After the sale of a Lot (excluding any sale to a person or entity affiliated with Declarant) but before expiration of the Period of Declarant Control, Declarant may terminate, extend, amend, or revoke this Declaration as to the whole or any portion of the Property. A copy of the document stating the action intended to be taken by the Declarant and a notice of the Owner rights under this Section shall be mailed to each Owner by first class mail, postage prepaid, to the address of the Owner in the records of the Association. Unless written objection is received by Declarant from the Owners holding seventy-five percent (75%) or more of the votes within thirty (30) days of the mailing of the notice to the Owners, the action proposed to be taken by the CC&Rs for Southside Estates Subdivision Page 15 Declarant shall be considered approved and shall become final. The Declarant shall then record in the records of Flathead County, Montana, a document stating the action taken, together with a certificate certifying that notice was given to the Owners as required herein and that fewer than seventy-five percent of the Owners objected to the action. Section 7.2.3 - After the Period of Declarant Control: After the Period of Declarant Control, this Declaration, or any provision of it, may be terminated, extended, amended, or revoked as to the whole or any portion of the Property by the Declarant, unilaterally, pursuant to the provisions of Section 6.3. In addition, after the Period of Declarant Control, this Declaration, or any provision of it, may be terminated, extended, amended, or revoked as to the whole or any portion of the Property upon the written consent of Owners holding sixty percent (60%) or more of the votes in the Association. The amendment will be immediately effective upon the recording in the records of Flathead County, Montana, of a copy of the document together with a certificate signed by an officer of the Association stating that the required number of consents of Owners were obtained. Section 7.2.4 - Declarant Approval: No termination, extension, or amendment of this Declaration will be effective in any event during the Period of Declarant Control unless the written approval of Declarant is first obtained. Nothing in this section should be construed to permit the abandonment of the Association's responsibility for the maintenance of Common Area identified herein. ARTICLE VIII MISCELLANEOUS Section 8.1 - Effect of Provisions of Declaration: Each provision contained in this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision contained in this Declaration, and any necessary exception or reservation or grant of title, estate, right or interest to effectuate any provision contained in this Declaration: (a) shall be deemed incorporated in each deed or other instrument by which any right, title or interest in any real property within Southside Estates Subdivision is granted, devised or conveyed. whether or not set forth or referred to in such deed or other instrument: (b) shall, by virtue of acceptance of any right, title or interest in any real property within Southside Estates Subdivision by an Owner or the Association, be deemed accepted, ratified, adopted and declared as a personal covenant of such Owner or Association, as the case may be, and as a personal covenant, shall be binding on such Owner or Association and such Owner's or Association's respective heirs, personal representatives, successors and assigns; (c) shall be deemed a real covenant by Declarant, for itself, its successors and assigns, and also an equitable servitude, running, in each case, as a burden with and upon the title to each parcel of real property within Southside Estates Subdivision, including property that may hereafter become part of Southside Estates Subdivision; and (d) shall be deemed a covenant, obligation CC&Rs for Southside Estates Subdivision Page 16 and restriction secured by a lien, binding, burdening and encumbering the title to each parcel of real property within Southside Estates Subdivision, which lien with respect to any Lot shall be deemed a lien in favor of Declarant and/or the Association. Section 8.2 — Enforcement and Remedies: The Declarant, the Association, and/or any Owner or Owners of Lots shall have the right to enforce all covenants, conditions, and restrictions now or hereafter imposed by the provisions of this Declaration. Any enforcement action may be by a proceeding for such relief as may be provided at law or in equity, including but not limited to a temporary or permanent injunction and/or a suit or action to recover damages. Each provision contained in this Declaration shall be enforceable by the Association or by any Owner who has first made written demand on the Association to enforce such provision and 30 days have lapsed without appropriate action having been taken by the Association. Any enforcement action may be by a proceeding for such relief as may be provided at law or in equity, including but not limited to a temporary or permanent injunction and/or a suit or action to recover damages. Section 8.3 - Limited Liability: Neither the Declarant, the Association, or their respective officers, directors, employees or agents shall be liable to any party for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. Section 8.4 — Headings: The headings are included only for purposes of convenient reference, and they will not affect the meaning or interpretation of this Declaration. Section 8.5 - No Waiver: Failure to enforce any provision contained in this Declaration shall not operate as a waiver of any such provision or of any other provision of this Declaration. Section 8.6 - Attorney's Fees: In the event of a dispute arising under any provision contained in this Declaration, the prevailing parry shall be entitled to its reasonable costs and attorney's fees incurred. It is expressly understood by any person purchasing a Lot in this Property, that if an action is successfully brought against an Owner for a violation of the terms of this Declaration, that a reasonable attorney's fee shall be assessed against the Owner in addition to costs and any other damages. Section 8.7 — Severability: Invalidity or unenforceability of any provision contained in this Declaration in whole or in part shall not affect the validity or enforceability of any other provision or any valid and enforceable part of a provision of this Declaration. Section 8.8 - Limited Liability: Neither the Declarant, the Association, or their respective officers, directors, employees, or agents shall be liable to any parry for any action or for any failure to act with respect to any matter if the action taken or failure to act was in good faith and without malice. CC&Rs for Southside Estates Subdivision Page 17 Section 8.9 - Agricultural Ad'Mties: Lot owners are advised that agricultural activities are conducted in the immediate vicinity which may produce odors, noise, dust, and involve the utilization of herbicides and pesticides, which can have an affect on the Property. Adjacent farms will not be liable for odors, noise, herbicide and pesticide sprays that are necessary in good agricultural operations, provided such sprays are applied in conformance with approved standards by licensed applicators. Adjacent farms will not be liable for adverse ground water conditions caused by agricultural practices, including normal irrigation. The acquisition of Property in the Southside Estate Subdivision is a waiver of any claims for normal agricultural activities conducted on adjacent or nearby properties. Any Owner of a Lot within the Southside Estate Subdivision recognizes that there are agricultural activities on adjoining or nearby land and relinquishes all rights for relief from such activity. Each Owner specifically reserves his or her right to seek compensation or injunctive relief for injuries to person or property caused by any dangerous instrumentality or toxic waste or for negligent or intentional actions by those using the agricultural property. A DATED this day of A 4 W m 2017. (Signature of Declarant) TEAM Development, By, B;;i6,Nells, its Managing Member STATE OF MONTANA ) ) ss County of FLATHEAD ) On this dayof 2017, before me, the undersigned, a Notary Public for the State of MontaiY , personally appeared BRIAN WELLS, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year in this certificate last above written. SHANNON L VOJTA ON L �o NOTARY PUBLIC for the P ZA-R y a° q<1 v State of Montana * SEAL * Residing at Kalispell, Montana �r9TFOFM��P2e My Commission Expires April 27, 2021 Notary Public for the State of M tana Residing at: Ha- /j-3 My commission expires: C ) CC&Rs for Southside Estates Subdivision Page 18 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: JACKOLA FOR: TEAM DEVELOPMENT LLC DATE: 6/20/17 DESCP : SOUTHSIDE ESTATES PURPOSE: SUB jr. 4 in 19-28-21) YEARS 2012 THRU 2016 ASSESSOR # 0012475 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. 2- 7 017 /Deputy Treasurer (seal) ' 1 �J CONSENT TO PLAT This is in regard to the Southside Estates Subdivision of the Southwest Quarter of the Southeast Quarter (SW1/4SE1/4) lying East of the Easterly boundary of the Kalispell By Pass, formerly known as they Great Northern Railroad Company right of way of Section 19, Township 28 North, Range 21 West, P.M.M., Flathead County, Montana. TrailWest Bank, of Kalispell, Montana, does hereby consent to the filing of said subdivision. i� Dated this 2°Z- day of June 2017. Rod Leese, Branch Presi ent STATE OF MONTANA) :ss COUNTY OF FLATHEAD) On this day of June 2017, before me, a Notary Public of the State of Montana, personally, appeared Rod Leese, Branch President of TrailWest Bank, personally known to me to be the person whose name is subscribed to this instrument, and acknowledged that he executed the same. In witness thereof, I have hereunto set my hand and affixed my notarial seal the day and year in the certificate first above written. LEY K/N (A0E i 4C�INKEL � I Aaiyq�R` NOTARY PUBLIC for the otary Pu lic of 9tate of Montana. SEAL. * State of Montana Residing'�j� � 01T m Q Residing at Somers, Montana g7FOFA0«�Pa My Commission Expires My Commision expires: Lc • i q . aOQC tune 19, zozo May 18, 2017 Mr. Rory Young, PE Jackola Engineering and Architecture PO Box 1134 Kalispell, MT 59903 RE: Southside Estates Subdivision — Conditional Approval Dear Mr. Young, The revised construction drawings received May 5, 2017 are hereby approved contingent upon the following items: 1. Modify the parcel on sheet C1.00 currently named "Common Area 1" to a Utility Parcel which is to be dedicated to the City of Kalispell. This change shall also be reflected on the Final Plat. 2. Modify driveway approaches to maintenance roads from asphalt to concrete in accordance with City Standards. 3. On Sheet C1.20, modify note 2 of detail 2. The contractor shall abandon the existing lift station structures by pumping out the existing structures; removing and disposing of the frame, lid, piping, appurtenances, and top concrete section of the structures; and then filling with pea gravel. 4. On Sheet C 1.20, provide a new steel frame, pitched roof, and concrete pad for the existing transfer switch and controls. 5. Sound attenuation is required for generators according to Section 3.3.12.1) of the Standards. Please verify the existing generator meets this requirement or provide means to make the generator comply. 6. Extend the concrete driveway approach for the lift station at least 2 feet beyond the right- of-way line to meet the Landscape Ordinance. 7. Modify the title of Detail 3 on Sheet C2.20 from Blowoff Valve to Temporary Blowoff Valve. Add a note to the detail stating that the temporary blowoff shall be removed after testing by shutting off and capping the corporation stop. 8. Verify or note on plans that City of Kalispell manhole lids are only used within proposed right-of-way. 20111 Avenue East, P.O. Box 1997, Kalispell, MT 59903 Phone (406)758-7720 — Fax (406)758-7831 www.kalispell.com Additional Conditions: • This approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the standards currently in effect. • No deviations from Standards other than item 12 specifically addressed above, have been approved for this project. • 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 completing construction, plans and specifications must be resubmitted and approved before construction continues. 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 or easement until a right-of- way permit has been approved for each contractor or subcontractor working within the right-of-way or easement. We look forward to working with you on this project. Sincerely, - €!/� Keith Haskins, PE City Engineer CC: Mark Crowley — Construction Manager Emily Gillespie, PE — MDEQ Page 3 of 3 Public Works Department 20111 Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7720 — Fax (406) 758-7831 mm.kalispell.conz August 15, 2017 Team Development, LLC PO Box 1642 Brush Prairie, WA 98606 RE: Southside Estates — Subdivision Plat Easements The Subdivision Plat of Southside Estates received July 5, 2017 has been reviewed to confirm proper easements for City of Kalispell utilities are shown on the Subdivision Plat titled "SOUTHSIDE ESTATES" and is approved as submitted. This approval of easements shown on the Subdivision Plat is only for utilities to be completed with the approved construction plans. Construction of the utilities is not yet complete. Therefore, 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, Tom Tabler, PE Senior Civil Engineer Montana Department Q�'M' of Environmental Quality June 9, 2017 Rory Young, PE Jackola Engineering & Architecture P.O. Box 1134 Kalispell, MT 59903 Re: City of Kalispell — PWSID#MT000259 Southside Estates Water & Sewer Main Extensions & Lift Station Relocation EQ#17-1733 Approval Dear Mr. Young: Thank you for the engineering report, water and sewer checklists and plans and specifications for water main, gravity sewer main and relocation of a sewage lift station proposed to serve Southside Estates adjacent to Ashley Park in Kalispell, which were received March 7, 2017 through June 8, 2017. The submittal was reviewed in accordance with Department Circular DEQ-1, 2014 edition and Department Circular DEQ-2 2012 Edition. City of Kalispell approval was received on May 18, 2017. The Southside Estates development received approval of the Municipal Facility Exclusion on May 31, 2017, referenced by EQ#17-2023. As such, the City of Kalispell is responsible for the on -site storm water runoff review within this development. The plans and specifications for the water and sewer mains and the relocation of the sewage lift station to serve Southside Estates within Kalispell, received June 8, 2017, are hereby approved One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained as Department Record. Southside Estates proposes 42 lots, comprised of 14 single family home lots and 28 townhouse lots. The water main extension includes installation of: approximately 1400 feet of 8-inch diameter water main (C900 PVC DR18), six gate valves, five fire hydrant assemblies, one connection to the existing water main in Pintail Court and end cap at the dead end in the northern cul-de-sac A fire flow requirement of 1000 gpm for 2 hours is required to serve the residential neighborhood. Fire hydrant flow testing and modeling in the vicinity indicated an equivalent flow exceeding 1500gpm at 20 psi available. The sanitary sewer collection improvements include: approximately 1300 feet of 8-inch diameter gravity sewer main (SDR 35 PVC), nine precast concrete manholes, connection to one existing manhole, abandonment of the existing lift station wet well by removing equipment and filling with pea gravel, installation of a new wet well and valve vault to house the relocated lift station equipment, installation of a new concrete pad for the relocated natural gas -fueled generator 50kW (GENERAC SG050 or equal) with auto -start switch and installation of approximately 40 feet of 4-inch diameter pressure force main (HDPE DR11) with outlet to existing force main in Pintail Court. 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 City of Kalispell — PWSID#MT000259 Southside Estates Water & Sewer Main Extensions & Lift Station Relocation EQ#17-1733 Approval June 9, 2017 Page 2 of 2 The lift station design capacity will adjust slightly due to the new head conditions of the relocated wet well. The 1085 N-Series Flygt sewage pumps will operate at approximately 162 gpm at 39 feet TDH (reduced from 178 gpm output at the previous location). The relocated lift station will continue to serve the Merganser Drive area along with Southside Estates. As a part of this project a deviation was requested and granted from Circular DEQ-2 Standard 42.33, allowing the Flygt N-Series impeller and clog -resistance submersible pumps which passes 3-inch diameter spheres to be used despite the fact that they do not have 4-inch diameter suction and discharge openings. Per this Deviation Request approval for three years from today, the City of Kalispell may choose to utilize the Flygt N-Series submersible wastewater pumps without redundant deviation requests. 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 meat (406) 755-8979 or egillespipQrnt.gov Sincerely, Emily J. pie, P.E Public Wa r Supply and Subdivisions Bureau Copies: Team Development LLC, P.O. Box 1642, Brush Prairie, WA 98606 Keith Haskins, City of Kalispell Public Works Wendee Jacobs, Flathead County Environmental Health MDEQ Plan Review File Montana Department of Environmental Quality/ May 31, 2017 Rory Young Jackola Engineering & Architecture 2250 Highway 93 South Kalispell MT 59901 Dear Mr. Young; RE: Southside Estates Municipal Facilities Exclusion EQ# 17-2023 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating tc this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(2)(d), MCA, this subdivision is no - subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water of disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Watei Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76 Chapter 4. Sincerely, Leata English Subdivision Section (406) 444-4224 email len lg ish@mt.gov cc: City Engineer County Sanitarian Owner file Steve Bullock, Governor I Tom Livers, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov May 25, 2017 LEIGHTY BROS CONSTRUCTION LLC 491 CRESTON ROAD KALISPELL MT 59901 RE:Confirmotion Letter, Notice of Intent (NOI) Number MTR106910, SOUTHSIDE ESTATES SUBDIVISION Dear MARK LEIGHTY: The Department of Environmental Quality (DEQ) is acknowledging receipt on 5/25/2017 of your complete Notice of Intent (NOI) for permit coverage under the January 1, 2013, General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). For administrative purposes, you have been assigned permit number MTR106910. Please include this permit number on any future correspondence with DEQ regarding this site. This letter acknowledges receipt of the complete NOI and does not provide a DEQ determination of the validity of the information you provided. Your eligibility for coverage under the General Permit is based on the validity of the certification you provided. Your signature on the NOI certifies that you have read, understood, and are implementing all of the applicable requirements. Me General Permit requires you to implement the Storm Water Pollution Prevention Plan (SWPPP) and defines inspection and record keeping requirements. Records defined in Part 2.5 are required to be maintained on -site with the designated SWPPP Administrator. An electronic copy of the Permit and additional guidance materials can be viewed and downloaded at http://deq.mt.gov/wginfo/mpdes/stormwaterconstruction.mcpx. Coverage under the General Permit remains effective 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. Failure to submit a complete NOT will result in the assessment of additional annual permit fees, which must be paid by the owner or operator. Coverage under this General Permit does not waive your obligation to obtain coverage under other applicable permits. If you have any questions regarding the requirements of the General Permit, please feel free to contact the Water Protection Bureau at (406) 444-3080. Sincerely, Deanna Tarum Data Control Technician Steve Bullock, Governor I Tom Livers, Director I P.O. Box 200901 1 Helena, MT 59620-0801 1 (406) 444 2544 I vrrr.v.tleq.mLgov GENERAL PERMIT FOR STORM WATER DISCHARGES ASSOCIATED WITH CONSTRUCTION ACTIVITY PERMIT NUMBER MTR100000 MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY AUTHORIZATION TO DISCHARGE UNDER THE MONTANA POLLUTANT DISCHARGE ELIMINATION SYSTEM In compliance with Section 75-5-101 et seq., Montana Codes Annotated (MCA), Administrative Rules of Montana (ARM) 17.30.1301 et seq., and ARM 17.30.1101 et seq., owners and operators (permittees) with authorization under this "General Permit for Storm Water Discharges Associated with Construction Activity" (permit) are authorized to discharge storm water in accordance with the conditions set forth in Parts 1, 2, 3, 4, and 5 of this permit. This permit shall become effective January 1, 2013. This permit and the authorization to discharge shall expire at midnight, December 31, 2017. FOR THE MONTANA DEPARTMENT OF ENVIRONMENTA UALITY Paul Skubinna, Program Manager Water Quality Discharge Permit Section Water Protection Bureau Permitting & Compliance Division Issuance date: 0C_ AUNITED STATES POSTAL SERVICE 350 N MERIDIAN RD KALISPELL, MT 59901-9998 June 30, 2017 Mountain Reign Construction Attn: Brian Wells RE: Final Plat Approval To Whom It May Concern: Delivery for Southside Estates subdivision has been approved for Cluster Box Unit (CBU) delivery in a turnout format. The developer will provide the Cluster Box Units and an approved cement pad at a mutally agreed upon location. Purchase of CBU's will be arranged one month prior to the first occupancy and arrangements made for deliverer to the Main Post Office on Meridian Rd. The Post Office will install the units and then be responsible for the lock changes. Upon approval of the final plat through Kalispell Planning, a copy (no larger than 11X17) showing addresses, will be provided to the Post Office. If you have any questions regarding this matter, you may contact me at 257-9796. Sincerely,` t c Susii Carter Supervisor Customer Service Parks and Recreation Dept August 16, 2017 Jackola Engineering Attn: Rory Young 2250 U.S. 93 South Kalispell, MT 59901 Phone: (406) 755-3208 Re: Southside Estates Dear Rory: MQN TA NA This letter is to serve as approval on the proposed landscaping plans for Southside Estates per the plans submitted by your office on 7/25/2017. 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 Southside Estates. 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 I/" 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. The common spaces are to be managed by a homeowners association and not Kalispell Parks and Recreation or dedicated to the city. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time any bonding that has been submitted will be released. It should be noted that the trees and landscaping are under a warranty period and should they die within this time frame, the developer will be responsible for replacement. If you have any concerns or questions please give me a call. Sincerely, Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation 3061'' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406) 758-7718— Fax (406)758-7719 www.kalispell.com PLAT OF SOUTHSIDE ESTATES SW 114 S 1/4-5—ON 19, T29 N, R 21 W, -,M. —H— —, MD- - ---- ----- ---- ----- ----- ORD LOT# ¢ LVT7 9 LOTfR gg LOT44 LOTH k L07M RL0749 Lay,aR QD --- ----- ----- -- --- I -- - - - - ------ �wrsaw 7l LOT 13 9 LOT LOF2 -aew --- ------ ----- ---------- 8 n LOT ff ­M5 or"94 WTIV .Q, (5D ------ I ------------- rTT LOT UA Qp) L07 ISO LOT 14 LOT24A LOT is � LOT23 LOT IRA V, OF l8p; LOT M i. �9D LOT Iw lls LOT ISO CERTIFWATE OF FML FLIT PPPRCYAL - CFTY ==. — LOT ®OUNTAIN DEIGN 4 ©ONSTRUCTION To whom it may concern: Brian Dale Wells MountainReignConstruction@gmail.com www.MountainReignConstruction.com PO Box 9770 Kalispell, MT 59904 (406)249-5795 Mountain Reign Construction will abide by the following items in commencement with the building of houses in the Southside Estates subdivision: Thank you, Brian D Wells 1. All areas disturbed by development will be re -vegetated with a weed -free mix immediately after development. 2. There will be no basements within the Southside Estates subdivision. 3. Foundation drains and sump pumps will be installed at all residences containing a crawl space in the Southside Estates subdivision. Brian Dale Wells MountainReignConstruction@gmail.com www.MountainReignConstruction.com PO Box 9770 Kalispell, MT 59904 (406)249-5795