I1. Silverbrook Estates Phase 2A-B Final plat and AgreementCITY OF
KALISPELL
REPORT TO: Doug Russell, City Manager
FROM: PJ Sorensen, Senior Planner
Development Services Department
201 Ist Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/plannin2
SUBJECT: Final Plat request and Subdivision Improvement Agreement for Silverbrook
Phase 2A-13 Subdivision
MEETING DATE: September 21, 2020
BACKGROUND: Our office has received an application for final plat approval from WGM
Group, on behalf of Silvermont Properties, LLLP, for a 1-lot commercial subdivision on 2.72
acres of land. The subject property is located at the north end of Silverbrook and abuts Church
Drive. The property is generally located in the NE4 of Section 13, Township 29 North, Range 22
West, P.M.M., Flathead County, Montana and is more specifically described in Exhibit A
(attached).
The Kalispell City Council approved the preliminary plat with 43 conditions on January 4, 2016 and
amended on February 21, 2017 (Resolutions 5749 and 5806). The plat was recently extended on
August 19, 2020. All of the conditions have been met or otherwise adequately addressed. In
addition, a Subdivision Improvement Agreement in the amount of $228,758.50 (125% of
remaining cost) is included for City Council action.
RECOMMENDATION: It is recommended that the City Council approve the final plat and
Subdivision Improvement Agreement for Silverbrook Phase 2A-13.
FISCAL EFFECTS: Positive impacts once developed.
ALTERNATIVES: Deny the request.
ATTACHMENTS: Final plat compliance letter and associated attachments.
Report compiled: September 15, 2020
c: Aimee Brunckhorst, Kalispell City Clerk
EXHIBIT A
LEGAL DESCRIPTION ; PERIMETER
A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CORRECTED CERTIFICATE OF SURVEY NO. 15896, ON FILE AND OF RECORD IN FLATHEAD
COUNTY, MDNTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN,
MDNTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MDNTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 238, BLOCK 24, OF THE PLAT OF SILVERBROOK ESTATES PHASE 2A-A, ON FILE AND OF
RECORD IN FLATHEAD COUNTY, MDNTANA; THENCE ALONG THE EAST BOUNDARY LINES OF SAID LOT 2513 THE FOLLOWING COURSES; 1)
NOO`13'46"W, 149.00 FEET; 2) 589'46'14"W, 54.00 FEET; 3) N00'13'413"W, 190.63 FEET TD THE NORTH LINE OF SAID SECTION 13;
THENCE N89'20'49"E. ALONG SAID SECTION LINE 230.03 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93; THENCE SOUTHERLY,
ALONG SAID WEST RIGHT-OF-WAY LINES THE FOLLOWING COURSES: 1) SOO"17'10"E, 297.40 FEET; 2) S58'48'39"E, 201.09 FEET; 3)
N89'42'59"E, 114.83 FEET; 4) SOO-17'10"E, 477.10 FEET;
THENCE S89'46'16"W, 111.27 FEET TO THE NORTHEAST CORNER OF LOT 381A OF THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 29-A,
LOT 381, ON FLE AND OF RECORD IN FLATHEAD COUNTY, MDNTANA; THENCE N1546'35"E, 62.42 FEET: THENCE N0017'10"W, 386.67 FEET;
THENCE N5848'39"w, 213.36 FEET; THENCE S89-46'14"W, 45-61 FEET; THENCE SOO'13'46"E, 20.00 FEET; THENCE 589-46'14'W, 141.09 FEET
TO THE POINT OF BEGINNING; CONTAINING 2-72 ACRES, MORE OR LESS, ALL BEING SURVEYED ANO MONUMENTEO ACCORDING TO THIS PLAT.
CITY '�Gl�
KALISPELL
September 15, 2020
Doug Russell, City Manager
City of Kalispell
201 1st Ave E
Kalispell, MT 59901
Development Services Department
201 1" Avenue East
Kalispell, MT 59901
Phone: (406) 758-7940
Fax: (406) 758-7739
www.kalispell.com/planning
Re: Final Plat request and Subdivision Improvement Agreement for Silverbrook Estates Phase 2A-B
Subdivision
Dear Doug:
Our office has received an application for final plat approval from WGM Group, on behalf of
Silvermont Properties, LLLP, for a 1-lot commercial subdivision on 2.72 acres of land. The subject
property is located at the north end of Silverbrook and abuts Church Drive. The property is generally
located in the NE4 of Section 13, Township 29 North, Range 22 West, P.M.M., Flathead County,
Montana and is more specifically described in Exhibit A (attached).
The Kalispell City Council approved the preliminary plat with 43 conditions on January 4, 2016 and
amended on February 21, 2017 (Resolutions 5749 and 5806). The plat was recently extended on August
19, 2020. All of the conditions have been met or otherwise adequately addressed. The following report
summarizes the applicant's compliance with the conditions of approval. In addition, a Subdivision
Improvement Agreement in the amount of $228,758.50 (125% of remaining cost) is included for City
Council action.
COMPLIANCE WITH CONDITIONS OF APPROVAL
That the development of the site shall be in substantial compliance with the application
submitted, the site plan, materials and other specifications as well as any additional conditions
associated with the preliminary plat as approved by the city council. Note: Implementing the
conditions of approval may reduce the number of lots shown on the approved preliminary plat.
Staff Response: This condition has been met. The submitted final plat is in substantial
compliance with the preliminary plat application documents.
2. The total footprint square footage for all buildings on the 13 commercial lots in phase 2A shall
not exceed 120,000 square feet. The largest building shall not exceed 25,000 gross square feet.
Staff Response: This condition has been met. The lot is currently vacant and building and
planning staff is aware of the condition.
3. The preliminary plat approval for phase 2 shall be valid for a period of three years from the date
of approval.
Staff Response: This condition has been met. The preliminary plat was recently extended and
expires in August 2022.
4. Prior to final plat approval of phase 2B the townhouse lots shall be renumbered with the A&B
designations added to each lot (i.e. 305A and 305B) to further clarify the lots as townhouse lots.
Staff Response: This condition is not applicable to this phase.
5. The following note shall be placed on the final plat for phase 213: "Further subdivision of the lots
in phase 2B is prohibited."
Staff Response: This condition is not applicable to this phase.
6. Prior to submitting a final plat application for phase 2C a zone change application for blocks 33
and 40 to change the zoning from R-4 to R-2 shall be approved by the Kalispell City Council.
Staff Response: This condition is not applicable to this phase.
7. The existing Traffic Impact Study shall be amended to include an analysis of the approaches
intersecting Church Drive and mitigated improvements that may be necessary to Church Drive
with the increase in traffic. Proposed improvements that may result from the analysis shall be
approved by the Public Works Department prior to engineering design.
Staff Response: This condition has been met. This project only consists of one lot and Public
Works determined that no additional improvements or analysis are required at this time. An
amended Traffic Impact Study will be submitted with the larger future phases of Phase 2.
8. The streets serving the neighborhood commercial portion of the project will be constructed to a
minimum of collector street standards. The following note shall be placed on the final plat for
phase 2A: "Along roadways with on street parking, the eight (8) feet adjacent to the curb shall
be used for snow storage. Pedestrian facilities must be provided outside of the aforementioned
eight (8) feet."
Staff Response: This condition has been met. No additional streets were constructed as part of
this phase and the note was included on the plat.
9. All intersections shall be designed in accordance with the most recent version of AASHTO's A
POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS. Streets shall intersect
at ninety (90) degree angles, if topography permits, but in no case shall the angle of intersection
be less than seventy-five (75) degrees for a minimum distance of sixty (60) feet as measured
along the centerline, from right-of-way line at the intersecting street.
Staff Response: This condition is not applicable to this phase as there are no intersections as part
of this development phase.
10. New infrastructure required to serve the subdivision shall be designed and constructed in
accordance with current City of Kalispell's Standards for Design and Construction and Montana
Public Works Standards. The design shall be certified in writing by a professional engineer
licensed in the State of Montana. All design work shall be reviewed and approved in writing by
the Kalispell Public Works Department prior to construction. This infrastructure shall include
but not be limited to water main, sewer main, storm sewer facilities, streets, street lighting, street
signage, curb, gutter, boulevard and sidewalks.
Staff Response: This condition has been met. An approval letter from Public Works dated
September 11, 2020 was submitted noting that public infrastructure serving this lot was installed
with prior phases and that a bond is in place for the mailbox facility.
11. Water and sewer main extensions shall be designed and constructed in accordance with the City
of Kalispell's Standards for Design and Construction and Montana Public Works Standards. The
water and sewer main extension plans shall be reviewed and approved by the Kalispell Public
Works Department. Prior to final plat, a certification stamped by a Professional Engineer shall
be submitted to the Public Works Department stating that the water and sewer mains have been
built as designed and approved.
Staff Response: This condition has been met. An approval letter from Public Works dated
September 11, 2020 was submitted noting that public infrastructure serving this lot was installed
with prior phases.
12. Private irrigation water mains shall be designed and placed within the ten (10) foot utility
easement adjacent to and outside of the public right-of-way.
Staff Response: This condition has been met. Per the applicant, all private irrigation mains
adjacent to a public right-of-way have been placed within an easement outside of the public right-
of-way.
13. Prior to submitting a final plat application for each phase, the developer shall provide the Public
Works Department with an analysis of possible deficiencies created in the existing conveyance
system, from the respective phase to the treatment plant, by the addition of the phase. The
analysis and possible mitigation plan, once reviewed and approved by the Public Works
Department, shall be completed prior to final plat approval.
Staff Response: This condition has been met. An approval letter from Public Works dated
September 11, 2020 notes that a recent analysis was completed indicating that the original design
of the downstream infrastructure is adequate to serve this phase.
14. The developer shall submit to the Kalispell Public Works Department for review and approval a
stormwater report and an engineered drainage plan that meets the requirements of the current
City standards for design and construction. Prior to final plat, a certification shall be submitted
to the Public Works Department stating that the drainage plan for the subdivision has been
installed as designed and approved.
Staff Response: This condition has been met. Approval letters from Kalispell Public Works
dated November 19, 2018 for the design and September 11, 2020 for acceptance of the
infrastructure have been submitted.
15. The developer shall submit to the Kalispell Public Works Department prior to construction an
erosion/sediment control plan for review and approval and a copy of all documents submitted to
Montana Department of Environmental Quality for the General Permit for Stormwater Discharge
Associated with Construction Activities.
Staff Response: This condition is not directly applicable. Permitting was not required for
construction as part of this final plat, and remaining work subject to the subdivision improvement
agreement will require the appropriate construction stormwater permit prior to beginning
construction.
16. A letter from the Kalispell Public Works Department shall be submitted stating that all new
infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for
unfinished work.
Staff Response: This condition has been met. A letter from Public Works dated September 11,
2020 is attached accepting the infrastructure. Additionally, the developer has included a
Subdivision Improvement Agreement and cashiers' checks for $228,758.50 for remaining
improvements.
17. The following requirements shall be met per the Kalispell Fire Department and so certified in
writing by the Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per City specifications
at approved locations. Minimum fire flows shall be in accordance with International Fire
Code currently adopted by the City of Kalispell at the time of construction.
b. Fire hydrants shall be provided per City specifications at locations approved by this
department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International Fire Code
currently adopted by the City of Kalispell.
d. It shall be noted on the face of the plat that hazardous weed abatement shall be provided in
accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
Staff Response: This condition has been met. An approval letter from Kalispell Fire
Department dated September 10, 2020 is included indicating satisfaction of this condition.
18. The developer shall submit to the Kalispell Public Works Department, for review and approval,
documentation that the proposed bedding, haunching, initial backfill and subbase backfill
materials for utility trenches, as required in the City of Kalispell Standards for Design and
Construction, meets the requirements for Class 1 Materials as defined in ASTM D 2321 and the
mitigation requirements (Section X1.8) of the same standard. The documentation shall be
certified by an engineer licensed in the State of Montana.
Staff Response: This condition has been met. WGM provided a copy of their soil mitigation
certification provided to Public Works dated September 7, 2018.
19. A 12-foot meandering berm shall be constructed within the buffer along Highway 93. The berm
shall be landscaped with the landscaping plan reviewed and approved by the Parks and
Recreation Department.
Staff Response: This condition is met subject to completion under the Subdivision Improvement
Agreement. The landscaping plan has been reviewed and approved by the Parks Department as
indicated in the attached letter dated September 11, 2020.
20. A letter shall be submitted from an engineer licensed in the state of Montana approving the
reshaped slopes along the Stillwater River and adjacent drainage way for stability purposes in
accordance with CMG Engineering's slope stability assessment.
Staff Response: This condition is not applicable as no construction is occurring along the
Stillwater River with this phase.
21. A note shall be shown on the face of the final plat identifying those lots closest to the crest of the
reshaped slope mentioned in condition 20 and require a minimum 20 foot building setback from
the crest of the reshaped slope.
Staff Response: This condition is not applicable as no construction is occurring along the
Stillwater River with this phase.
22. The Silverbrook Estates covenants, conditions, restrictions and reservations shall be amended to
include the 9 recommendations from the Montana Department of Fish, Wildlife and Parks letter
to minimize the problems that future homeowners could have with wildlife, as well as helping
them protect themselves, their property, and the wildlife.
Staff Response: This condition has been met. The recommendations were considered.
23. Phase 2B shall be amended to include a minimum one acre of open space. The open space shall
be located centrally in either block 29 or block 30. Prior to final plat approve the open space
location shall be approved by the Kalispell Site Review Committee.
Staff Response: This condition is not applicable as it refers to a different phase.
24. The one acre of open space shall be developed with the following:
• Irrigation
• Landscaping to consist of trees, grass and shrubs
• Pedestrian paths
• A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation Department for review and
approval and installed prior to final plat of phase 2B.
Staff Response: This condition is not applicable as it refers to a different phase.
25. Additional open space shall be provided either north or south of the one acre open space site
required in condition 19 to provide a linear greenbelt from the intersection of Swift Creek Way
and Diamond Peak Loop to Silvertip Trail. The open space shall be a minimum of 50 feet in
width and include a walking path to be constructed per standards approved by the Parks and
Recreation Department. The walking path shall be constructed prior to final plat approval.
Staff Response: This condition is not applicable as it refers to a different phase.
26. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape
plan for the placement of trees and landscaping materials within the landscape boulevards of the
streets serving the subdivision. The approved landscape plan shall be implemented or a cash in
lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks
and Recreation Department.
Staff Response: This condition has been met. The attached letter from the Parks Department
dated September 11, 2020 notes that boulevards are not included in this phase, but there is an
approved landscape plan for this general phase of the subdivision.
27. The 2.19 acre area designated on the preliminary plat as open space in block 46 of phase 2D will
meet the parkland dedication requirements provided that it is developed to create a recreational
amenity within the subdivision. A letter from the Kalispell Parks and Recreation Department
shall be provided at the time of final plat that outlines the improvements and confirms those
improvements have been made.
Staff Response: This condition is not applicable as it refers to a different phase.
28. The approved pedestrian/bike path plan shall be installed as follows:
• Paths within the open space along Highway 93 shall be installed prior to final plat approval
of phase 2A.
• Paths within the open space along the Stillwater River, wetland and drainage shall be installed
prior to final plat approval of phase 2b of the subdivision.
• All other remaining paths shall be installed prior to final plat approval of the respective phase
they are located in.
Staff Response: This condition has been met to the extent that it applies to this phase and
that it is subject to the proposed subdivision improvement agreement.
29. The following note shall be placed on the final plat: "Property owner(s) are responsible for the
boulevard strip for the length of their property boundaries. Responsibilities include watering and
mowing of the grass within the boulevard. Removal of grass or trees within the boulevard and
placement of any other kind of materials is prohibited unless approved by the Kalispell
Department of Parks and Recreation."
Staff Response: This condition has been met per note on the face of the final plat.
30. The following note shall be placed on the final plat: "This subdivision is located in an agricultural
area and potential nuisances such as noise, dust, odors, and irregular hours of operation are to be
expected. As such, the right to farm on adjoining properties shall not be restricted as a result of
the development or occupancy of this subdivision."
Staff Response: This condition has been met per note on the face of the final plat.
31. The following note shall be placed on the final plat: "Be aware that an existing arena and race
track are located to the north of the subdivision. Noise generated by the arena and race track may
be heard from your property."
Staff Response: This condition has been met per note on the face of the final plat.
32. The rear property boundaries of lots 574-579 of Block 53 shall be amended to provide a
minimum distance of 170 feet from the bank of the Stillwater River to the rear property boundary.
Staff Response: This condition is not applicable as it refers to a different phase.
33. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409
of Block 34 shall be amended to provide for a minimum distance of 50-feet from the top of the
bank along the drainage to the rear property boundary. The contour line designating the top of
bank shall be determined by City staff and the developer's consultants.
Staff Response: This condition is not applicable as it refers to a different phase.
34. A 30-foot rear yard setback shall be required for all structures on lots adjacent to the Stillwater
River Hillside and its tributaries. This would include lots 574-579 of Block 53, lots 569-572 of
Block 53, lots 561-568 of Block 52 and lot 409 of Block 34.
Staff Response: This condition is not applicable as it refers to a different phase.
35. The roads within the subdivision shall be named and signed in accordance with the policies of
the Kalispell Public Works Department and the Manual of Uniform Traffic Control Devices and
be subject to review and approval prior to final platting of each respective phase. A letter shall
be obtained from the Kalispell Public Works Department stating the naming and addressing on
the final plat have been reviewed and approved.
Staff Response: This condition is not applicable. There are no roads within this phase that would
require naming or signage.
36. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements
for City water and sewer shall be provided to allow for the logical extension of utilities from this
subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be
obtained stating that the required easements are being shown on the final plat.
Staff Response: This condition has been met. See approval letter from Kalispell Public Works
dated September 11, 2020.
37. Prior to filing the final plat a letter from the US Postal Service shall be included stating the
Service has reviewed and approved of the design and location of the mail delivery site. The mail
delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site
and improvements shall also be included in the preliminary and final engineering plans to be
reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area. The mail delivery site shall provide ADA accessibility from the public
pedestrian facilities.
Staff Response: This condition has been met. The applicant submitted a letter from the USPS
dated August 11, 2020 approving the location and design, and a letter from Public Works notes
that, while no design has been reviewed by Public Works, it is subject to the subdivision
improvement agreement and is considered satisfied.
38. The following statement shall appear on the final plat: "The undersigned hereby grants unto each
and every person, firm or corporation, whether public or private, providing or offering to provide
telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the
right to the joint use of an easement for the construction, maintenance, repair, and removal of their
lines and other facilities, in, over, under, and across each area designated on this plat as "Utility
Easement" to have and to hold forever."
Developer's Signature
Staff Response: This condition has been met per note on face of the final plat.
39. That a minimum of two-thirds of the necessary infrastructure for each phase of this subdivision
shall be completed prior to final plat submittal. The minimum of two-thirds of the necessary
infrastructure shall include the extension of water and sewer mains from the city to the site and
necessary lift stations to transport effluent back to the city.
Staff Response: This condition has been met. Two-thirds of the necessary infrastructure for the
phase is in place. Additionally, the developer has entered into a Subdivision Improvement
Agreement with the City of Kalispell that can be used by the city as collateral to assure all
infrastructure required is installed to city standards for design and construction.
40. A 60 foot public road and utility right-of-way projecting along the Great Northern Trial alignment
to Tract 1D shall be dedicated to the City of Kalispell within Block 54 to provide road and utility
connections to the property immediately west. The dedication shall be done prior to final plat of
phase 2d. Final location of the right-of-way shall be approved by the Public Works Department.
Development of the right-of-way will be required by the developer of Tract 1D.
Staff Response: This condition is not applicable as it refers to a different phase.
41. The original design report prepared by Pioneer Technical Services indicated two wells would be
installed for the subdivision which were projected to provide the required fire flow of 1,500 gpm.
Due to the presence of Manganese in Well No. 1, Well No. 2 was the only public water supply
well installed to serve the Silverbrook subdivision. The completed Well No. 2 has a permitted
pumping rate of 250 gpm and lies approximately 2.5 miles north of any redundant supply lines.
Water modeling shall be completed to determine the water production and water right
improvements necessary to provide maximum daily demand for full build out of Phases 1 and 2.
Required improvements shall be completed at no cost to the City of Kalispell.
Staff Response: This condition has been met for this phase. Additional phases may require
improvements related to provision of adequate water pursuant to this condition.
42. All utilities shall be installed underground.
Staff Response: This condition is adequately addressed. The utilities are installed underground
and verified by the Public Works Department.
43. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately
after development.
Staff Response: This condition is adequately addressed. All disturbed areas will be re -vegetated
and inspected by the Public Works Construction Manager.
COMPLIANCE WITH THE SUBDIVISION REGULATIONS:
This subdivision plat has been found to be in compliance with the State and City subdivision regulations.
COMPLIANCE WITH THE ZONING REGULATIONS
This subdivision complies with the Kalispell Zoning Ordinance and the B-1 PUD zoning on the property.
RECOMMENDATION:
It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately
addressed. It is recommended that the Kalispell City Council approve the final plat and Subdivision
Improvement Agreement for Silverbrook Estates Phase 2A-B.
Attachments: - Two mylars of final plat
- 11 x 17 copy of final plat
- Subdivision Improvement Agreement
- Final plat application dated 8/25/20
- Applicant letter responding to conditions dated 9/11/20
- Old Republic Title Report SG-8011259 dated 8/6/20
- Consent to Plat from Glacier Bank dated 9/8/20
- Consent to Plat from Kirk's Tire dated 9/8/20
- CCRs
- Montana DEQ Water Main Extension approval dated 9/22/2017
- Flathead County tax certification dated 8/11/20
- Letter from Kalispell Public Works Department dated 9/11/2020
- Letter from Kalispell Public Works Department dated 11/19/18
- Letter from Kalispell Fire Department dated 9/10/20
- Letter from WGM certifying soil mitigation dated 9/7/18
- Letter from Kalispell Parks Department dated 9/11/20
- Letter from USPS dated 8/11/20
Letter from Kalispell Public Works Department dated 8/14/2007
c w/ Att: Aimee Brunckhorst, Kalispell City Clerk
c w/o Att: WGM Group
431 1ST Ave. West
Kalispell, MT 59901
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Return to:
Aimee Brunckhorst
Kalispell City Clerk
201 1st Avenue East
Kalispell, MT 59901
APPENDIX E
SUBDIVISION IMPROVEMENT AGREEMENT
THIS AGREEMENT, made and entered into this day of , 20 , by and
between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and
hereinafter referred to as the CITY, and
Silvermont Properties LLLP (Name of
Developer)
a Company
(Individual, Company or Corporation)
located at 315 Parkland Drive #4 Kalispell, MT 59937
(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
Silverbrook Phase 2A, Lot 287 (Name of
Subdivision)
located at NW 1/4 Section 1, T28N, R22W, P.M.M., Flathead County Montana
(Location of Subdivision)
and,
WHEREAS, the City has conditioned it's approval of the final plat of
Silverbrook Phase 2A, Lot 287 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
$ $183,006.80
NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City,
the Developer hereby agrees as follows:
1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral
as determined by the City Council, in the amount of $ $ 2 2 8 , 7 5 8.5 0 . 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 $ $ 2 2 8 , 7 5 8.5 0 the estimated cost of
completing the required improvements in SiIverbrook Phase 2A, Lot 287
(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 August 11 ) 20 21
3. That upon completion of the required improvements, the Developer shall cause to be filed with the
City a statement certifying that:
a. All required improvements are complete;
b. That the improvements are in compliance with the minimum standards specified by the City for
their construction and that the Developer warrants said improvements against any and all defects
for a period of two (2) years from the date of acceptance of the completion of those improvements
by the City;
c. That the Developer knows of no defects in those improvements;
d. That these improvements are free and clear of any encumbrances or liens;
e. That a schedule of actual construction costs has been filed with the City; and,
f All applicable fees and surcharges have been paid.
4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and
specifications of said improvements, with the certification of the registered professional engineer
responsible for their preparation that all required improvements have been installed in
conformance with said specifications.
IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT:
That the Developer shall provide for inspection of all required improvements by a registered professional
engineer before the Developer shall be released from the Subdivision Improvement Agreement.
That if the City determines that any improvements are not constructed in compliance with the
specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral
sufficient to insure such compliance. If the City determines that the Developer will not construct any or all
of the improvements in accordance with the specifications, or within the required time limits, it may
withdraw the collateral and employ such funds as may be necessary to construct the improvement or
improvements in accordance with the specifications. The unused portions of the collateral shall be returned
to the Developer or the crediting institution, as is appropriate.
IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein
before written.
Silvermont Properties, LLLP
(Name of Subdivision/Developer/Firm
by Cr
(Name) (Title)
STATE OF MONTANA
COUNTY OF J-- J g&
On this 'ZV day , 20OLD , before me, a Notary Public for the State
of Montana, personally appeared i? `ts known to me to be the
of g�-, L ptl'e_Le 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
first above written. COoy MINDY COCHRAN
NOTARY PUBLIC for the
State of Montana
Notary Public �forthe State of Montana SEAL z Residing at Kalispell, MT
Printed Name (A'r,JL-k a�—� ��� .sMy Commission Expires
May 17, 2023.
Residing at ift ^ a 6V✓h -�
My Commission Expires 3117 1
MAYOR, CITY OF KALISPELL ATTEST:
MAYOR
CITY CLERK
Project Name: SILVERBROOK LOT 287
WGM Project Number: 200219
Owner: Silvermont Properties, LLLP
Bonding Date: SEPTEMBER 14, 2020
EXHIBIT "B"
CERTIFICATION OF WORK TO BE 4& W G M G R O U P
COMPLETED
Completed as of Bonding Date Total
Final Construction
Construction Quantity
Costs
Quantities and Costs
Line Item
Item Description
Unit
Quantity
Unit Price
Total
Quantity
Current Total
Schedule 1 - Site Work
HOA PARK (LANDSCAPE/IRRIGATION)
1.1
Mobilization, Submittals& Permits
LS
1
$2,000.00
$2,000.00
0.0000
$0.00
1.2
Erosion Control Measures
LS
1
$1,200.00
$1,200.00
0.0000
$0.00
1.3
Irrigation heads
EA
47
$15.00
$705.00
0.0000
$0.00
1.1
Irrigation sleeve (Ph 2A-B)
LF
60
$12.00
$720.00
0.0000
$0.00
1.2
Irrigation line IV) (Ph 2A-B)
LF
500
$3.00
$1,500.00
0.0000
$0.00
1.3
Irrigation main extension (3") (Ph 2A-B)
LF
600
$31.00
$18,600.00
0.0000
$0.00
1.4
Topsoil Respread IV Depth) (Ph 2A-B)
CY
275
$5.50
$1,512.50
0.0000
$0.00
1.5
Park Area Seeding (Ph 2A-B)
SY
1500
$1.35
$2,025.00
0.0000
$0.00
1.6
Asphalt Path (3"Asphalt, 10' width, 8" Base) (Ph 2A-B)
SF
2980
$5.25
$15,645.00
0.0000
$0.00
1.7
Trees
EA
12
$550.00
$6,600.00
0.0000
$0.00
1.8
Irrigation line IV) (Ph 2A-C)
LF
820
$3.00
$2,460.00
0.0000
$0.00
1.9
Irrigation Heads (Ph 2A-C)
EA
20
$25.00
$500.00
0.0000
$0.00
1.1
Irrigation main extension (4") (Ph 2A-C)
LF
410
$35.00
$14,350.00
0.0000
$0.00
1.11
Irrigation valves (PH2A-C)
EA
4
$180.00
$720.00
0.0000
$0.00
1.12
Topsoil Respread IV Depth)(Ph 2A-C)
CY
716
$5.50
$3,938.00
0.0000
$0.00
1.13
Park Area Seeding(Ph 2A-C)
SY
4294
$1.35
$5,796.90
0.0000
$0.00
1.14
Asphalt Path (3"Asphalt, 10' width, 8" Base) (Ph 2A-C)
SF
6850
$5.25
$35,962.50
0.0000
$0.00
1.15
Trees (Ph 2A-C)
EA
56
$550.00
$30,800.00
0.0000
$0.00
1.16
Park benches
EA
2
$680.00
$1,360.00
0.0000
$0.00
SCHEDULE 1TOTAL
$146,394.90
$0.00
Schedule 2 - Regional Pond Seeding Regional Pond Seeding
2.1
Emerged Zone Wetland Seeding
SY
820
$1.94
$1,590.80
0.0000
$0.00
2.2
Wet Meadow Zone Vegetation Seeding
SY
1650
$1.96
$3,234.00
0.0000
$0.00
2.3
Floodplain Zone Vegetation Seeding
SY
1430
$6.72
$9,609.60
0.0000
$0.00
2.4
Upland Zone Vegetation Seeding
SY
6740
$1.95
$13,143.00
0.0000
$0.00
SCHEDULE 2 TOTAL
$27,577.40
$0.00
Schedule 3 - Mail Box Facility
ADA Compliant Mailbox Facilityto Serve PH2A Commercial Properties
3.1
Concrete pad, vehicle pullout, and access
SF
737
$6.00
$4,422.00
0.0000
$0.00
3.2
Curb and Gutter(ADA Compliant)
LF
155
$17.50
$2,712.50
0.0000
$0.00
3.3
16 Unit Cluster Box
EA
1
$1,900.00
$1,900.00
0.0000
$0.00
SCHEDULE 3 TOTAL
$9,034.50
$0.00
CIVIL CONSTRUCTION BASE BID TOTAL
$183,006.80
$0.00
TOTAL PROJECT BUDGET
$183,006.801
$0.00
TOTAL ESTIMATED COST OF CONSTRUCTION
$183,006.80
AMOUNT COMPLETED PRIOR TO BONDING
$0.00
AMOUNT OF REMAINING WORK PRIOR TO BONDING
$183,006.80
AMOUNT OF BOND (125% OF REMAINING WORK)
$228,758.50
AS PROJECT ENGINEER FOR SILVERBROOK LOT 287,1 CERTIFYTHAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT
THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK.
THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATEDTO BE:
THE TOTAL VALUE OF REMAINING WORK, SERVICESAND FEES IS ESTIMATED TO BE:
SECURITY HELD AT 125%OFTHE REMAINING COSTS SHOULD BE IN THE AMOUNT OF:
$0.00
$183,006.80
$228,758.50
MIKE BRODIE, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: August 11, 2021
Planning Deaartment
201 1" Avenue East
C__ VF Y CI Kalispell, MT 59901
P
Phone: 0
Fax: (406)7-773911<:ALI www.kalispell.com/plannin�
Project /Subdivision N
Contact Person:
FINAL PLAT APPLICATION
Silverbrook Phase 2A: Lot 287
Name: Mike Brodie, PE
Address: 431 1st avenue West Kalispell, MT 59901
Owner & Mailing Address:
Silvermont Properties LLLP Attn: Marvin Galts
315 Parkway Dr # 4, Kalispell, MT 59901
Phone No.: 406-756-4848
Date of Preliminary Plat Approval: February 17, 2009
Type of Subdivision: Residential Industrial Commercial X PUD X Other
Total Number of Lots in Subdivision 1
Land in Project (acres) 1.59 acres (1 lot +0.31 Parkland + 0.28 Streets)
Parkland (acres) 0.31 Cash -in -Lieu $ Exempt 1.13
(included in plat for future
No. of Lots by Type: phases)
Single Family Townhouse Mobile Home Park
Duplex Apartment Recreational Vehicle Park
Commercial 1 Industrial Planned Unit Development
Condominium Multi -Family Other
Legal Description of the Property See attached.
FILING FEE ATTACHED $ $925
Minor Subdivision with approved preliminary plat
Major Subdivision with approved preliminary plat
Subdivisions with Waiver of Preliminary Plat
Subdivision Improvements Agreement
$400 + 5 lot
800 + $125/12ot
$8 of
$50
1
Attached Not Applicable (MUST CHECK ONE)
X Health Department Certification (Original)
X Title Report (Original, not more than 90 days old)
X Tax Certification (Property taxes must be paid)
X Consent(s) to Plat (Originals and notarized)
X Subdivision Improvements Agreement (Attach collateral)
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 60 days prior to expiration date of
the preliminary plat.
When all application materials are submitted to the Kalispell Planning Department, and the staff
finds the application is complete, the staff will submit a report to the governing body. The
governing body must act within 30 days of receipt of the revised preliminary plat application and
staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing
body for approval. Changes to the approved preliminary plat may necessitate reconsideration by
the planning board.
I certify that all information submitted is true, accurate and complete. I understand that
incomplete information will not be accepted and that false information will delay the application and
may invalidate any approval. The signing of this application signifies approval for Kalispell
Planning staff to be present on the property for routine monitoring and inspection during the
approval and development process.
"NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision
final plat applications be accompanied with a digital copy.
Owne Signature
Date
**A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file
format, consisting of the following layers:
1. Exterior boundary of subdivision
2. Lot or park boundaries
3. Easements
4. Roads or rights -of -way
5. A tie to either an existing subdivision corner or a corner of the public land survey system
2
WVWGMGROUP
Community Values. Inspired Futures.
September 11, 2020
PJ Sorensen, Sr. Planner
Kalispell Planning Department
201 1" Avenue East
Kalispell, MT 59901
Re: Final Plat Approval for Silverbrook Phase 2A-B, Lot 287
Dear PJ:
As the Engineer representative for the owner of Silverbrook Phase 2, 1 hereby certify that
all of the conditions stated in Resolution No. 5806 and the PUD Amendment Resolution
No. 1785 have been addressed to the best of my knowledge. Enclosed is the Final Plat
application for Silverbrook Phase 2A-B, Lot 287. The conditions of approval have been
met as follows:
General Conditions:
1. That the development of the site shall be in substantial compliance with the
application submitted, the site plan, materials and other specifications as well as
any additional conditions associated with the preliminary plat as approved by
the city council. Note: Implementing the conditions of approval may reduce the
number of lots shown on the approved preliminary plat.
This lot is in substantial compliance with the original preliminary plat application.
2. The total gross square footage for all buildings on the 13 commercial lots in
phase 2A shall not exceed 120,000 square feet. The largest building shall not
exceed 25,000 gross square feet.
Not applicable to this plat. No buildings are proposed as a part of this final plat.
Currently there is only one building in phase 2A (World Gym) at approximately
15,000 sf. These requirements will be applicable to the development of this lot once
platted. This condition will be met per requirements given in the attached
documents: Resolution 5806 Amending the Preliminary Plat of Silverbrook Estates
Subdivision, Phase 2, and Ordinance 1785 Amending the PUD.
3. The preliminary plat approval for phase 2 shall be valid for a period of three
years from the date of approval.
The Preliminary Plat is still valid. A preliminary plat extension was filed with the City
of Kalispell in August 2020.
431 1 " Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
Kalispell Planning Department
9/10/2020
Page 2 of 11
Prior to final plat:
4. Prior to final plat approval of phase 213 the townhouse lots shall be renumbered
with the A&B designations added to each lot (i.e. 305A and 30513) to further
clarify the lots as townhouse lots.
Not applicable to this portion of Phase 2A. It should be noted that townhome lots are
no longer a part of phase 2B per the adjustment made with ordinance a PUD/Zone
change as a part of Ordinance 1813 - Silverbrook Estates PUD Amendment (now
Stillwater Square) on September 17, 2018.
5. The following note shall be placed on the final plat for phase 213: "Further
subdivision of the lots in phase 213 is prohibited."
Not applicable to Phase 2A, this will be addressed with and included on final plat
documents associated with Phase 2B.
6. Prior to submitting a final plat application for phase 2C a zone change
application for blocks 33 and 40 to change the zoning from R-4 to R-2 shall be
approved by the Kalispell City Council.
Not applicable to Phase 2A, this will be addressed with and included on final plat
documents associated with Phase 2B.
7. The existing Traffic Impact Study shall be amended to include an analysis of the
approaches intersecting Church Drive and mitigated improvements that may be
necessary to Church Drive with the increase in traffic. Proposed improvements
that may result from the analysis shall be approved by the Public Works
Department prior to engineering design.
The approaches referenced were previously installed as a part of Phase 2A-A and the
Silverbrook Road Improvements project. These plans were reviewed and approved
by public works and no upgrades were required for the intersections associated with
Phase 2A or Phase 2B accesses along Church Drive. See attached Approval Letter for
Block 25 (Phase 2A-A) dated September 17, 2017). A traffic impact study was
performed by WGM in 2018 and submitted to public works and was updated with the
Stillwater square apartment's submittal in 2020. This report has been included with
this submittal.
8. The streets serving the neighborhood commercial portion of the project will be
constructed to a minimum of collector street standards. The following note shall
be placed on the final plat for phase 2A: "Along roadways with on street parking,
the eight (8) feet adjacent to the curb shall be used for snow storage. Pedestrian
facilities must be provided outside of the aforementioned eight (8) feet."
The neighborhood commercial portion of this lot is served via East Swift Creek way
(constructed to City Collector Standards as mentioned above). This includes city
Kalispell Planning Department
9/10/2020
Page 3 of 11
standard boulevards and but is directly accessed via private roads; it is only adjacent
to Church Drive in the north buffered by the HOA openspace.
9. All intersections shall be designed in accordance with the most recent version of
AASHTO's A POLICY ON GEOMETRIC DESIGN OF HIGHWAYS AND STREETS.
Streets shall intersect at ninety (90) degree angles, if topography permits, but in
no case shall the angle of intersection be less than seventy-five (75) degrees for
a minimum distance of sixty (60) feet as measured along the centerline, from
right-of-way line at the intersecting street.
This condition is applicable to the development, but not specifically to the lot as there
are no city street intersections associated with this lot. This lot is accessed via a
private road and there are no intersections associated with it aside from parking lot
accesses. The closest supporting public intersection (East Swift Creek Way and Great
Northern Trail) was previously constructed and was approved and accepted by City
of Kalispell Public Works. It is in compliance with this standard. The associated
approval letter for Block 25 (Phase 2A-A) is attached.
10. New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with current City of Kalispell's Standards for Design
and Construction and Montana Public Works Standards. The design shall be
certified in writing by a professional engineer licensed in the State of Montana.
All design work shall be reviewed and approved in writing by the Kalispell Public
Works Department prior to construction. This infrastructure shall include but not
be limited to water main, sewer main, storm sewer facilities, streets, street
lighting, street signage, curb, gutter, boulevard and sidewalks.
Not applicable, all existing infrastructure is sufficient to serve this lot. Any new
infrastructure required as a part of this final plat is included in the SIA, this includes
the associated HOA park and path system, and the mailbox facility (discussed in later
conditions). All public infrastructure supporting this lot was previously installed and
accepted by the city of Kalispell and items in the SIA will be reviewed and accepted
by the City of Kalispell Prior to release of the SIA bond.
11. Water and sewer main extensions shall be designed and constructed in
accordance with the City of Kalispell's Standards for Design and Construction
and Montana Public Works Standards. The water and sewer main extension
plans shall be reviewed and approved by the Kalispell Public Works Department.
Prior to final plat, a certification stamped by a Professional Engineer shall be
submitted to the Public Works Department stating that the water and sewer
mains have been built as designed and approved.
The water and sewer main that serve the Lot 287 were installed as a part of the
original development construction in 2008/2009. These water and sewer main
extensions are owned, operated, and maintained by City of Kalispell. As-builts and
project close out documents for water and sewer installed in 2008/2009 should be
on file at the City of Kalispell. The approvals we have on file are included, and these
Kalispell Planning Department
9/10/2020
Page 4 of 11
items should be on file with the City of Kalispell (if they exist). All future water and
sewer main extensions will continue to adhere to this condition.
12. Private irrigation water mains shall be designed and placed within the ten (10)
foot utility easement adjacent to and outside of the public right-of-way.
All private irrigation mains adjacent to public right of way have been placed within
the 10-foot utility easement and/or are located outside of the public right of way.
13. Prior to submitting a final plat application for each phase, the developer shall
provide the Public Works Department with an analysis of possible deficiencies
created in the existing conveyance system, from the respective phase to the
treatment plant, by the addition of the phase. The analysis and possible
mitigation plan, once reviewed and approved by the Public Works Department,
shall be completed prior to final plat approval.
No new sewer conveyance is proposed as a part of this lot. There is a 12" main that
was designed/approved/installed in 2009 to service the Phase 2A/21B phases of
Silverbrook. The existing 12" main that will service the lot has only one other active
service line on it; the line that serves World Gym.
No deficiencies are presently known in the existing main, but the subsequent
development of lot 287 will be reviewed by public works who may request additional
information as a part of the design approval. Additionally, a lift station capacity
analysis was provided to public works as a part of the Stillwater Square Apartments
Engineering design (a separate silverbrook development) that showed the lift station
had more than enough capacity for the entirety of the Phase 2A and 2B development.
No mitigation is currently required.
This condition would remain active for latter parts of the development and future
final plats.
14. The developer shall submit to the Kalispell Public Works Department for review
and approval a stormwater report and an engineered drainage plan that meets
the requirements of the current City standards for design and construction. Prior
to final plat, a certification shall be submitted to the Public Works Department
stating that the drainage plan for the subdivision has been installed as designed
and approved.
A regional stormwater pond was designed and approved in 2018 by City of Kalispell
Public works. The letter is included in this submittal. Since the pond is not fully
stabilized, public works has agreed to allow for the bond of the seeding to ensure this
will be established in the spring. The cost for this seeding is included in the SIA and
bonding provided as a part of this project.
is. 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
Kalispell Planning Department
9/10/2020
Page 5 of 11
Quality for the General Permit for Stormwater Discharge Associated with
Construction Activities.
Not applicable at this point of the plat, no construction is proposed or associated
with this Final Plat. All construction of supporting infrastructure has adhered to this
requirement and all future construction will continue to meet this requirement.
16. A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a proper
bond has been accepted for unfinished work.
An SIA has been included with this submittal that accounts for the mail facility
requirement (condition 37) and for the seeding of the regional pond to ensure
establishment of vegetation. This is the only remaining public infrastructure
supporting this lot. A letter is included with this submittal.
17. The following requirements shall be met per the Kalispell Fire Department and
so certified in writing by the Fire Department:
a. Water mains designed to provide minimum fire flows shall be installed per
City specifications at approved locations. Minimum fire flows shall be in
accordance with International Fire Code currently adopted by the City of
Kalispell at the time of construction.
b. Fire hydrants shall be provided per City specifications at locations approved
by this department, prior to combustible construction.
c. Fire Department access shall be provided in accordance with International
Fire Code currently adopted by the City of Kalispell.
d. It shall be noted on the face of the plat that hazardous weed abatement shall
be provided in accordance with City of Kalispell Ordinance 10-8.
e. Street naming shall be approved by the fire department.
The letter is included with this submittal.
18. The developer shall submit to the Kalispell Public Works Department, for review
and approval, documentation that the proposed bedding, haunching, initial
backfill and subbase backfill materials for utility trenches, as required in the City
of Kalispell Standards for Design and Construction, meets the requirements for
Class 1 Materials as defined in ASTM D 2321 and the mitigation requirements
(Section X1.8) of the same standard. The documentation shall be certified by an
engineer licensed in the State of Montana.
This documentation was included in plans and was submitted as a part of the
construction of the public road portion of this development. The Certification
Letter is included with this submittal.
19. A 12-foot meandering berm shall be constructed within the buffer along
Highway 93. The berm shall be landscaped with the landscaping plan reviewed
and approved by the Parks and Recreation Department.
Kalispell Planning Department
9/10/2020
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The letter from the Parks and recreation director has been included with this
submittal.
20. A letter shall be submitted from an engineer licensed in the state of Montana
approving the reshaped slopes along the Stillwater River and adjacent drainage
way for stability purposes in accordance with CMG Engineering's slope stability
assessment.
Not applicable to this phase as there are no slopes that have been reshaped as a part
of this lot. The regional stormwater pond is near this area, but no slopes were
"reshaped" as a part of this construction.
21. A note shall be shown on the face of the final plat identifying those lots closest
to the crest of the reshaped slope mentioned in condition 16 and require a
minimum 20 foot building setback from the crest of the reshaped slope.
Not applicable. The referenced lots are not included in this plat.
22. The Silverbrook Estates covenants, conditions, restrictions and reservations shall
be amended to include the 9 recommendations from the Montana Department
of Fish, Wildlife and Parks letter to minimize the problems that future
homeowners could have with wildlife, as well as helping them protect
themselves, their property, and the wildlife.
WGM does not have a copy of the referenced letter from FWP regarding the nine
requested recommendations, but the Amendment 1 to the CCRs states the following
which seems to address the intent of this condition:
Section 11.3. Artificial Feeding: The artificial feeding of any big game animal is prohibited.
Section 11A. Animal Proof Containers: All garbage must be stored in animal -proof
containers. Foodstuffs, including garden, pet and other sources may not be stored out of doors unless kept
secure in animal -proof containers.
Section 11.5. Acceptance of Wildlife Damage. Lot Owners acknowledge that wildlife damage
to landscaping will occur. Lot Owners accept that risk and shall not file claims against adjacent Lot
Owners, the Association, or any other governing body for such damage unless it is establishes] that a
violation of these Covenants led to such damage.
23. Phase 2B shall be amended to include a minimum one acre of open space. The
open space shall be located centrally in either block 29 or block 30. Prior to final
plat approve the open space location shall be approved by the Kalispell Site
Review Committee.
This is not applicable to Phase 2A; this is a phase 2B condition.
24. The one acre of open space shall be developed with the following:
• Irrigation
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• Landscaping to consist of trees, grass and shrubs
• Pedestrian paths
• A focal feature such as a gazebo, art work or formal garden
The development plan shall be submitted to the Parks and Recreation
Department for review and approval and installed prior to final plat of
phase 2B.
This is not applicable to Phase 2A, this is a Phase 2B condition
25. Additional open space shall be provided either north or south of the one acre
open space site required in condition 19 to provide a linear greenbelt from the
intersection of Swift Creek Way and Diamond Peak Loop to Silvertip Trail. The
open space shall be a minimum of 50 feet in width and include a walking path to
be constructed per standards approved by the
Parks and Recreation Department. The walking path shall be constructed prior
to final plat approval.
This is not applicable to this plat, the referenced area is located within Phase 2B. This
open space is included as a part of the Stillwater Square Apartment development,
and additional open space may be required as a part of the preliminary plat for the
second half of Phase 2A commercial lots. This preliminary plat/Amendment to the
preliminary plat was required by the planning director (Jarod Nygren) due to the
changes in layout of the commercial portion of the development and is in progress.
26. A letter shall be obtained from the Kalispell Parks and Recreation Director
approving a landscape plan for the placement of trees and landscaping materials
within the landscape boulevards of the streets serving the subdivision. The
approved landscape plan shall be implemented or a cash in lieu payment for
installation of the street trees and groundcover be provided to the Kalispell
Parks and Recreation Department.
The letter is included with this submittal.
27. The 2.19 acre area designated on the preliminary plat as open space in block 46
of phase 2D will meet the parkland dedication requirements provided that it is
developed to create a recreational amenity within the subdivision. A letter from
the Kalispell Parks and Recreation Department shall be provided at the time of
final plat that outlines the improvements and confirms those improvements have
been made.
This is not applicable to Phase 2A; this is a Phase 2D condition.
28. The approved pedestrian/bike path plan shall be installed as follows:
• Paths within the open space along Highway 93 shall be installed prior to final plat
approval of phase 2A.
The paths associated with Phase 2A-B, Lot 287 (adjacent to the lot) have been
bonded for as a part of this final plat application and are included with the SIA. The
Kalispell Planning Department
9/10/2020
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future commercial pieces adjacent to the park space will require completion of the
path to the extents of their property or subsequent bonding prior to final plat; per the
following bullet point.
Paths within the open space along the Stillwater River, wetland and drainage shall
be installed prior to final plat approval of phase 2b of the subdivision.
This is not applicable to Phase 2A; the subject lot is not near the river and is not a
part of phase 2B.
All other remaining paths shall be installed prior to final plat approval of the
respective phase they are located in.
The paths associated with Phase 2A-B (adjacent to the lot) have been bonded for as a
part of this final plat approval and the included SIA.
29. The following note shall be placed on the final plat: "Property owner(s) are
responsible for the boulevard strip for the length of their property boundaries.
Responsibilities include watering and mowing of the grass within the boulevard.
Removal of grass or trees within the boulevard and placement of any other kind
of materials is prohibited unless approved by the Kalispell Department of Parks
and Recreation."
This not has been placed on the final plat document.
30. The following note shall be placed on the final plat: "This subdivision is located in
an agricultural area and potential nuisances such as noise, dust, odors, and
irregular hours of operation are to be expected. As such, the right to farm on
adjoining properties shall not be restricted as a result of the development or
occupancy of this subdivision."
This note has been placed on the final plat document.
31. The following note shall be placed on the final plat: "Be aware that an existing
arena and race track are located to the north of the subdivision. Noise generated
by the arena and race track may be heard from your property."
This note is included on the final plat document. It should be noted that this racetrack
has been permanently closed and the note is irrelevant.
32. The rear property boundaries of lots 574-579 of Block 53 shall be amended to
provide a minimum distance of 170 feet from the bank of the Stillwater River to
the rear property boundary.
No lots are included that abut the Stillwater River Bank in this plat, the condition
does not apply.
Kalispell Planning Department
9/10/2020
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33. The rear property boundaries of lots 569-572 of Block 53, lots 561-568 of Block
52 and lot 409 of Block 34 shall be amended to provide for a minimum distance
of 50-feet from the top of the bank along the drainage to the rear property
boundary. The contour line designating the top of bank shall be determined by
City staff and the developer's consultants.
No lots are included that abut the Stillwater River Bank in this plat, the condition
does not apply.
34. A 30-foot rear yard setback shall be required for all structures on lots adjacent
to the Stillwater River Hillside and its tributaries. This would include lots 574-579
of Block 53, lots 569-572 of Block 53, lots 561-568 of Block 52 and lot 409 of
Block 34.
No lots are included that abut the Stillwater River Bank in this plat, the condition
does not apply.
35. The roads within the subdivision shall be named and signed in accordance with
the policies of the Kalispell Public Works Department and the Manual of Uniform
Traffic Control Devices and be subject to review and approval prior to final
platting of each respective phase. A letter shall be obtained from the Kalispell
Public Works Department stating the naming and addressing on the final plat
have been reviewed and approved.
No public roads are proposed as a part of this plat. The existing public roads that are
utilized to access this lot have been designed in accordance with the City of Kalispell
Design and Construction standards and MUTCD. They have been dedicated and
accepted by the City of Kalispell. These roads are portions of East Swift Creek Way,
Great Northern Trail, and East Monture Ridge adjacent to World Gym and surrounding
Block 25 (final platted in 2018).
36. All existing and proposed easements shall be indicated on the face of the final
plat. Utility easements for City water and sewer shall be provided to allow for
the logical extension of utilities from this subdivision to adjoining properties. A
letter from the Kalispell Public Works Department shall be obtained stating that
the required easements are being shown on the final plat.
All easements are shown on the final plat document. The water and sewer main north
of the subject property have been placed in anticipation of future connections
allowing for logical extensions of these utilities to adjoining properties to the north
and potentially east via the under pass at the junior interchange at Church Drive.
37. Prior to filing the final plat a letter from the US Postal Service shall be included
stating the Service has reviewed and approved of the design and location of the
mail delivery site. The mail delivery site shall be installed or bonded for prior to
final plat. In addition, the mail delivery site and improvements shall also be
included in the preliminary and final engineering plans to be reviewed by the
Kalispell Planning Department
9/10/2020
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Public Works Department. The mail delivery site shall not impact a sidewalk or
proposed boulevard area. The mail delivery site shall provide ADA accessibility
from the public pedestrian facilities.
This item has been reviewed by USPS and an approval letter has been provided.
WGM has discussed this with public works, have priced out a facility that meets these
standards, and have included costs in the SIA agreement included with this
application.
38. The following statement shall appear on the final plat: "The undersigned hereby
grants unto each and every person, firm or corporation, whether public or
private, providing or offering to provide telephone, telegraph, electric power,
gas, cable television, water or sewer service to the public, the right to the joint
use of an easement for the construction, maintenance, repair, and removal of
their lines and other facilities, in, over, under, and across each area designated
on this plat as "Utility Easement" to have and to hold forever."
Developer's Signature
This is included on the Final Plat document.
39. That a minimum of two-thirds of the necessary infrastructure for each phase of
this subdivision shall be completed prior to final plat submittal. The minimum of
two-thirds of the necessary infrastructure shall include the extension of water
and sewer mains from the city to the site and necessary lift stations to transport
effluent back to the city.
All infrastructure associated with this lot has been either completed or included in the
attached SIA and in the associated bond.
40. A 60 foot public road and utility right-of-way projecting along the Great
Northern Trial alignment to Tract 1D shall be dedicated to the City of Kalispell
within Block 54 to provide road and utility connections to the property
immediately west. The dedication shall be done prior to final plat of phase 2d.
Final location of the right-of-way shall be approved by the Public Works
Department. Development of the right-of-way will be required by the developer
of Tract 1D.
This is not applicable to Phase 2A; it pertains to Phase 2D.
41. The original design report prepared by Pioneer Technical Services indicated two
wells would be installed for the subdivision which were projected to provide the
required fire flow of 1,500 gpm. Due to the presence of Manganese in Well No. 1,
Well No. 2 was the only public water supply well installed to serve the
Silverbrook subdivision. The completed Well No. 2 has a permitted pumping rate
of 250 gpm and lies approximately 2.5 miles north of any redundant supply lines.
Water modeling shall be completed to determine the water production and
water right improvements necessary to provide maximum daily demand for full
Kalispell Planning Department
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build out of Phases 1 and 2. Required improvements shall be completed at no
cost to the City of Kalispell.
Based on discussions with the City Engineer, this is not applicable to the Phase 2A
Plat; this lot is already serviced by the City of Kalispell's water system, but future
water rights will be dedicated at a point when a new city well is proposed for
installation or deemed necessary by future phases of the Silverbrook development
and other adjacent properties. This should be done in a manner to allow Silverbrook
to retain their irrigation water rights to ensure their landscaped areas can be irrigated
and maintained.
Ongoing conditions:
42. All utilities shall be installed underground.
All utilities are installed underground.
43. All areas disturbed during development shall be re -vegetated with a weed -free
mix immediately after development.
Not applicable, but will adhere to as a part of future lot development.
If there are any concerns or questions regarding the above conditions or if further
clarification is required, please contact me directly at (360) 689-7535 or
mbrodie@wgmgroup.com
Sincerely,
WGM Group, Inc.
Mike Brodie, P.E.
Project Engineer
Guarantee
SG-SG-8011259
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT 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.
Old Republic National Title Insurance Company, a Florida corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A, against actual monetary loss or damage not exceeding the liability amount of stated in Schedule A which the
Assured shall sustain by reason of any incorrectness in the assurances setforth in Schedule A.
IN WITNESS WHEREOF, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its
duly authorized officers, the Guarantee to become valid when countersigned on Schedule A by an authorized officer or agent of the Company.
OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
A Stack Company
400 Second Avenue South, Minneapolis, Minnesota 55401
(612) 371-7117
e
6y President
�u
Attest Secretary
Issued through the Office of:
Alliance Title & Escrow Corp.
Authorized Signature
GUARANTEE CONDITIONS AND STIPULATIONS
Definition of Terms.
The following terms when used in the Guarantee mean:
a. the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the
Company.
b. "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law consti-
tute real property. The term "land" does not include any property beyond the lines of the area described or referred to in
Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes,
ways or waterways.
C. "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
d. "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice
of matters relating to real property to purchasers for value and without knowledge.
e. "date": the effective date.
2. Exclusions from Coverage of this Guarantee.
The Company assumes no liability for loss or damage by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assess-
ments on real property or by the public records.
(b) (1) Unpatented mining claims, (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (3) water rights,
claims ortitle to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records.
(c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C)
or in Part 2 of this Guarantee, ortitle to streets, roads, avenues, alleys, lanes, ways or waterways in which such land abuts, or
the right to maintain therein vaults, tunnels, ramps or any other structure or improvement, or any rights or easements therein
unless such property, rights or easements are expressly and specifically set forth in said description.
(d) (1) Defects, liens, encumbrances, or adverse claims againstthe title, if assurances are provided as to such title, and as limited by
such assurances.
(2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are
created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured, or (c) which
do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and pur-
pose of assurances provided.
3. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case any knowledge shall come to an Assured hereunder of any claim of title or
interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the
Company may be liable byvirtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company
shall terminate with regard to the matter or matters for which such prompt notice is required, provided, however, that failure to notity the
Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by such failure
and then only to the extent of the prejudice.
4. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the
nature of any allegation in such action or proceeding.
5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a
defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the
estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the
Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable here-
under, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights
under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the rights to select counsel of
its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable
for and will not pay the fees of any other counsel, norwill the Company pay any fees, costs or expenses incurred by an Assured
in the defense of those causes of action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee,
the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the
right, in its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, the
Assured hereunder shall secure to the Company the right to prosecute or provide defense of any action or proceeding, and all
appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested
by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding,
securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company
may be necessary or desirable to establish the title to the estate or interest as stated herein, orto establish the lien rights of the
Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obliga-
tions to the Assured under the Guarantee shall terminate.
6. Proof of Loss or Damage.
In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a
proof of loss or damage signed and sworn to by the Assured shall be furnished to the Companywithin 90 days after the Assured shall
ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee
which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or dam-
age. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation
to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under
oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized representative of the company, all records, books, ledgers, checks, correspondence
and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized represen-
tative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided
to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is neces-
sary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless
prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that
claim.
Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result
in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is
issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness
secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and
expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company
hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase the
indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security,
to the Company upon payment of the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this
Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including
any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under
Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this
Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by
the Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligations to the Assured under
this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options
under Paragraph 5.
8. Determination and Extent of Liability.
This Guarantee is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has
suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and
subject to the exclusions stated in Paragraph 2.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A,
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under
Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time
the loss or damage assured against by this Guarantee occurs, together with interest thereon, or
(c) the difference between the value of the estate or interest covered hereby as stated herein and the
value of the estate or interest
subject to the defect, lien or encumbrance assured against by this Guarantee.
9. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures
the any other matter assured
against by this Guarantee in a reasonably diligent manner by any method, including litigation and
the completion of any appeals
therefrom, it shall have fully performed its obligations with respect to that matter and shall not
be liable for any loss or damage
caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall
have no liability for loss or dam-
age until there has been a final determination by a court of competent jurisdiction, and disposition
of all appeals therefrom,
adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily
assumed by the Assured in settling any
claim or suit without the prior written consent of the Company.
10. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses
pursuantto Paragraph 5 shall reduce
the amount of liability pro tanto.
11. Payment of Loss.
(a) No payment shall be madewithout producing this Guarantee for endorsement of the payment
unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction
shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with
these Conditions and Stipulations,
the loss or damage shall be payable within 30 days thereafter.
13. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation
shall vest in the Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had
against any person or property in respect to the claim had this Guarantee not been issued. If requested by the
Company, the insured claimant shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue,
compromise or settle in the name of the Assured and to use the name of the Asured in any transaction or litigation
involving these rights or remedies.
If a payment on account of a claim does not fully coverthe loss of the Assured the Company shall be
subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal,
interest, and costs of collection.
13. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to
the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include,
but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating
to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee
provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be
arbitrated at the option of either the Company or the Assured. All arbitrable matters when the Amount of
Liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include
attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys'
fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof.
14. Liability Limited to this Guarantee; Guarantee Entire Contract.
This Guarantee togetherWth all endorsements, if any, attached hereto by the Company is the
entire Guarantee and contract between the Assured and the Company. In interpreting any
provision of this Guarantee, this Guarantee shall be construed as a whole.
Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim,
shall be restricted to this&arantee.
No amendment of or endorsement to this Guarantee can be made except by a writing endorsed
hereon or attached hereto signed by either the President, a Vice President, the Secretary, an
Assistant Secretary, or validating officer or authorized signatory of the Company.
15. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to be furnished the
Company shall include the number of this Guarantee and shall be addressed to: Old Republic National Title
Insurance Company, 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371-1111.
* OLD REPUBLIC
***** Subdivision Guarantee
SCHEDULE A
ORDERNO. 506828 LIABILITY $10,000.00
FEE: $200.00 GUARANTEE No. SG-8011259
1. Name of Assured: WGM Group
2. Date of Guarantee: 6th day of August, 2020
The assurances referred to on the face page hereof are:
That, according to the Company's property records relative to the following described land
(but without examination of those Company records maintained and indexed by name):
A. Name of Proposed Subdivision Plat or Condominium Map:
Silverbrook Estates Phase 2A-B
B. The public records purport that only the hereafter named parties appear to have an
interest affecting the land necessitating their execution of the named proposed plat or
map:
Silvermont Properties LLLP
C. The estate or interest in the land hereinafter described or referred to covered by this
Guarantee is: FEE SIMPLE
D. The Land referred to in the Guarantee is situated in the State of MT, County of
Flathead and is described as follows:
A tract of land being a portion of Tract 3 of Corrected Certificate of Survey No.
15896, on file and of record in Flathead County, Montana, located in the Northeast
Quarter of Section 13, Township 29 North, Range 22 West, Principal Meridian,
Montana, City of Kalispell, County of Flathead, Montana; more particularly described
as follows:
Beginning at the Southeast Corner of Lot 288, Block 24, of the Plat of Silverbrook
Estates, Phase 2A-A, on file and of record in Flathead County, Montana; thence along
the East boundary lines of said Lot 288 the following courses:
1) N00° 13'46"W, 149.00 feet;
2) S89°46' 14"W, 54.00 feet;
3) N00° 13'46"W, 190.63 feet to the North line of said Section 13; thence
N89°20'49"E, along said Section Line 230.03 feet to the West Right -of -Way Line of
U.S. Highway 93; thence
Southerly along said West Right -of -Way Lines the following courses:
1) S00° 17' 10"E, 297.40 feet;
2) S58°48'39"E, 201.09 feet;
3) N89°42'59"E, 114.83 feet;
4) S00° 17-10", 477.10 feet; thence
S89°46' 16"W, 111.27 feet to the Northeast Corner of Lot 381A of the Amended Plat
of Silverbrook Estates Phase 2B-A, Lot 381, on file and of record in Flathead County,
Montana; thence
N15046'35"E, 62.42 feet; thence
N00017' 10"W, 386.67 feet; thence
N58048'39"W, 213.36 feet; thence
S89046' 14"W, 45.61 feet; thence
S00013'46"E, 20.00 feet; thence
S89046' 14"W, 141.09 feet to the point of beginning.
To be known and designated as Silverbrook Estates Phase 2A-B
E. According to the public records, the following documents purport to affect the
described land:
1. County road rights -of -way not shown by the Public Records, including, but not
limited to any right of the Public and the County of Flathead to use and occupy
those certain roads and trails as depicted on County Surveyor's maps on file in
the office of the County Surveyor of Flathead County.
2. 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.
3. Taxes, including any assessments collected therewith, for the year 2020 which
are a lien not yet due and payable.
4. An easement for the purpose shown below and rights incidental thereto as set
forth in document:
Granted To: Mountain States Power Company
Purpose: Public Utilities
Recorded: May 30, 1952
Book: 317, Page: 584
Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Designation of Limited Access Highway by the State of Montana
Highway Commission
Recorded: December 7, 1989
Instrument No.: 89-340-0915-0
6. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Resolution No. 837-A Creation of the Highway 93 North Zoning
District
Recorded: April 27, 1992
Instrument No.: 92-118-1202-0
7. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Agreement of Private Aproach and access control
Recorded: July 21, 1992
Instrument No.: 92-203-1126-0
8. An easement for the purpose shown below and rights incidental thereto as set
forth in document:
Granted To: Flathead Power Co.
Purpose: Public Utilities
Recorded: May 22, 2002
Instrument No.: 2002-142-0830-0
9. An easement for the purpose shown below and rights incidental thereto as set
forth in a document:
Granted To: H & V Koenig Limited Partnership
Purpose: Easement for ingress and egress for the purposes of exploration,
development, production, storage and removal of reserved minerals
Recorded: September 20, 2005
Instrument No.: 2005-263-1504-0 AND Recorded November 11, 2005 as
Instrument No. 2005-320-1634-0 And Recorded December 4, 2012 as
Instrument No. 2012-00028922 And Recorded December 7, 2012 as
Instrument No. 2012-00029322
10. An easement for the purpose shown below and rights incidental thereto as set
forth in document:
Granted To: Flathead Power Co.
Purpose: Public Utilities
Recorded: March 2, 2006
Instrument No.: 2006-061-0818-0
11. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Resolution NO. 5129B Highway 93 North Growth Policy
Amendment
Recorded: August 11, 2006
Instrument No.: 2006-223-0832-0
12. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Resolution NO. 5168 for alteration ofcity boundaries by the City of
Kalispell
Recorded: December 18, 2006
Instrument No.: 2006-352-1545-0
13. Covenants, conditions and restrictions, but omitting any covenant or restriction
based on race, color, religion, sex, sexual orientation, disability, handicap,
familial status, marital status, ancestry, national origin or source of income, as
set forth in applicable state or federal laws, except to the extent that said
covenant or restriction is permitted by applicable law.
Recorded: March 5, 2008
Instrument No.: 2008-00006090
Modification(s) of said covenants, conditions and restrictions
Recorded: July 13, 2019
Instrument No: 2019-00015539
14. Covenants, conditions and restrictions, but omitting any covenant or restriction
based on race, color, religion, sex, sexual orientation, disability, handicap,
familial status, marital status, ancestry, national origin or source of income, as
set forth in applicable state or federal laws, except to the extent that said
covenant or restriction is permitted by applicable law.
Recorded: March 26, 2008
Instrument No.: 2008-00008099
Modification(s) of said covenants, conditions and restrictions
Recorded: January 13, 2010
Instrument No: 2010-00002264
Further modifications of said covenants, conditions and restrictions
Recorded: January 21, 2011
Instrument No.: 2011-00001589
Further modifications of said covenants, conditions and restrictions
Recorded: January 12, 2015
Instrument No.: 201500000659
Further modifications of said covenants, conditions and restrictions
Recorded: May 20, 2015
Instrument No.: 201500009666
Further modifications of said covenants, conditions and restrictions
Recorded: January 18, 2017
Instrument No.: 201700001126
15. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Assignment of Declarant Rights to Silvermont Properties, LLLP
Recorded: October 13, 2015
Instrument No.: 2015-00023732
16. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Ordinance No. 1597 Kalispell Zoning Ordiance
Recorded: April 10, 2009
Instrument No.: 2009-00009936
17. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Latecomers Agreement for Reimbursement for Municipal Water and
Sewer System Extension
Recorded: April 29, 2009
Instrument No.: 2009-00011958
18. Terms, provisions, covenants, conditions, definitions, options, obligations and
restrictions, contained in a document
Purpose: Ordinance No. 1785
Recorded: March 24, 2017
Instrument No.: 201700006020
19. An easement for the purpose shown below and rights incidental thereto as set
forth in a document:
Granted To: ARIM Silverbrook, LLC
Purpose: Easement for access, utilities and drainage
Recorded: April 14, 2020
Instrument No.: 202000009453
20. A Mortgage to secure an indebtedness as shown below secured thereby:
Amount $5,000,000.00
Mortgagor: Silvermont Properties, LLLP
Mortgagee: Glacier Bank
Dated: September 30, 2015
Recorded: October 8, 2015
Instrument No.: 201500023729 (Includes other property)
21. A Mortgage to secure an indebtedness as shown below secured thereby:
Amount $650,000.00
Mortgagor: Silvermont Properties, LLLP, w.a.t.a Silvermont Properties LLLP
Mortgagee: Glacier Bank
Dated: June 13, 2016
Recorded: June 13, 2016
Instrument No.: 201600011699 (Includes other property)
22. A Mortgage to secure an indebtedness as shown below secured thereby:
Amount $2,000,000.00
Mortgagor: Silvermont Properties, LLLP
Mortgagee: Kirk's Tire (Lethbridge) Ltd
Dated: September 13, 2015
Recorded: October 13, 2015
Instrument No.: 2015 00023 73 0 (Includes other property)
Subordination Agreement referencing: Instrument No.: 201500023730
And: Instrument No.: 201600011699
Recorded: June 13, 2016
Instrument No: 201600011700
23. A Financing Statement filed in the Office of the County Recorder showing:
Debtor: Silvermont Properties, LLLP
Secured Party: Kirk's Tire (Lethbridge) Ltd.
Recorded: October 13, 2015
Instrument No.: 2015 00023 73 1 (Includes other property)
Subordination Agreement referencing: Instrument No.: 201500023731
And: Instrument No.: 201600011699
Recorded: June 13, 2016
Instrument No: 201600011701
No guarantee is made regarding any liens, claims of liens, defects or encumbrances other than
those specifically provided for above, and, if information was requested by reference to a
street address, no guarantee is made that said land is the same as said address.
Countersigned:
-*k A;,- 4)� —
Authorized icer or Agent
ORT Form 3797m
Subdivision Guarantee
Consent to Platting and Dedication:
Pursuant to 76-3-612, M.C.A, the undersigned Glacier Bank, Lender under that
certain Mortgage(s) identified as follows:
Date: September 30, 2015
Grantor/Borrower: Silvermont Properties, LLLP
Document Number: # 201500023729
Date:
Grantor/Borrower:
Document Number:
K A-
Signature-14J'A*-k and Title
June 06, 2016
Silvermont Properties, LLLP
# 201600011699
Printed Name and Date
Does hereby join in and consent to the platting of the following described
lands located in Flathead County, Montana, which lands are subject to the lien
of the above referenced Lendor; --
Acknowledgement * * * * *
State of Montana )
)ss
County of Flathead )
ozeco MALIA OZEGOVICN
NOTARY PUBLIC for the
State of Montana
* SEAL * Residing at Bigfork, Montana
My Commission Expires
o� October 29, 2023
This instrument was acknowledged before me on this
day •• i
i y_ V
LEGAL DESCRIPTION: PERIMETER
A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CORRECTED CERTIFICATE
OF SURVEY NO. 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY,
MONTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP
29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF
KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 288, BLOCK 24, OF THE PLAT
OF SILVERBROOK ESTATES PHASE 2A-A, ON FILE AND OF RECORD IN FLATHEAD
COUNTY, MONTANA; THENCE ALONG THE EAST BOUNDARY LINES OF SAID LOT
288 THE FOLLOWING COURSES: 1) N00°13'46"W, 149.00 FEET; 2) S89146'14"W,
54.00 FEET; 3) N0001346"W, 190,63 FEET TO THE NORTH LINE OF SAID SECTION
13;
THENCE N89020'49"E, ALONG SAID SECTION LINE 230.03 FEET TO THE WEST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93; THENCE SOUTHERLY, ALONG SAID
WEST RIGHT-OF-WAY LINES THE FOLLOWING COURSES: 1) S00017'10"E, 297.40
FEET; 2) S58°48'39"E, 201.09 FEET; 3) N89°42'S9"E, 114.83 FEET; 4) S00°17'10"E,
477.10 FEET;
THENCE S89046'16"W, 111.27 FEET TO THE NORTHEAST CORNER OF LOT 381A OF
THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A, LOT 381, ON FILE
AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE N15°46'35"E, 62.42
FEET; THENCE N00°17'10"W, 386.67 FEET; THENCE N58048'39"W, 213.36 FEET;
THENCE S89046'14"W, 45.61 FEET; THENCE SOO°13'46"E, 20.00 FEET; THENCE
S89046'14"W, 141.09 FEET TO THE POINT OF BEGINNING; CONTAINING 2.72 ACRES,
MORE OR LESS, ALL BEING SURVEYED AND MONUMENTED ACCORDING TO THIS
PLAT.
THE ABOVE TRACT IS TO BE KNOWN AND DESIGNATED AS SILVERBROOK
ESTATES PHASE 2A-B.
Consent to Platting and Dedication:
Pursuant to 76-3-612, M.C.A, the undersigned Kirk's Tire (Lethbridge) LTD,
Lender under that certain Mortgage identified as follows:
Date:
Grantor/Borrower:
./' Sanature dnd Title
September 30, 2015
Silvermont Properties, LLLP
# 201500023730
Printed Name and Dat
Does "breby join in and coKsent to the platting of the following described
tarn, (s located-Jn-F-1atl ead County, Montana, which lands are subject to the lien
of the above referenced Lendor:
g * * * * *
Acknowled ement
%ATU CYNTHIATUDHOPE
tH o H Notary Public for the
State of Montana
arial
x NSea!
State of Montana )
)55
Residing at KALISPELL, MT
� My Commission Expires
February 13, 2023
County of Flathead )
This instrument was acknowledged before me on this
kk
day of _�f71 _ 2020
By
LEGAL DESCRIPTION: PERIMETER
A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CORRECTED CERTIFICATE
OF SURVEY NO. 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY,
MONTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP
29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF
KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 288, BLOCK 24, OF THE PLAT
OF SILVERBROOK ESTATES PHASE 2A-A, ON FILE AND OF RECORD IN FLATHEAD
COUNTY, MONTANA; THENCE ALONG THE EAST BOUNDARY LINES OF SAID LOT
288 THE FOLLOWING COURSES: 1) N00013'46"W, 149.00 FEET; 2) S89046'14"W,
54.00 FEET; 3) N00°13'46"W, 190.63 FEET TO THE NORTH LINE OF SAID SECTION
13;
THENCE N89020'49"E, ALONG SAID SECTION LINE 230.03 FEET TO THE WEST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93; THENCE SOUTHERLY, ALONG SAID
WEST RIGHT-OF-WAY LINES THE FOLLOWING COURSES: 1) S00017'10"E, 297.40
FEET; 2) S58048'39"E, 201.09 FEET; 3) N89042'59"E, 114.83 FEET; 4) S00017'10"E,
477.10 FEET;
THENCE S89046'16"W, 111.27 FEET TO THE NORTHEAST CORNER OF LOT 381A OF
THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A, LOT 381, ON FILE
AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THENCE N15°46'35"E, 62.42
FEET; THENCE N00017'10"W, 386.67 FEET; THENCE N58048'39"W, 213.36 FEET;
THENCE S89046'14"W, 45.61 FEET; THENCE S00013'46"E, 20.00 FEET; THENCE
S89046'14"W, 141.09 FEET TO THE POINT OF BEGINNING; CONTAINING 2.72 ACRES,
MORE OR LESS, ALL BEING SURVEYED AND MONUMENTED ACCORDING TO THIS
PLAT.
THE ABOVE TRACT IS TO BE KNOWN AND DESIGNATED AS SILVERBROOK
ESTATES PHASE 2A-B.
DECLARATION OF ANNEXATION
TO DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS OF SILVERBROOK ESTATES SUBDIVISION
X�
This Declaration of Annexation is executed on this � day of September 2020, by
Silvermont Properties, LLLP, a Montana Company (hereinafter referred to as the
"Developer")
RECITALS:
Developer has executed and recorded a written declaration of covenants, conditions
and restrictions of Silverbrook Estates Dated April 1, 2008 and recorded on March 26,
2008 With the office of the Flathead County Clerk and Recorder, Document
Reception No. 200800008099 (hereinafter referred to as the "Declaration"); and
Pursuant to the terms and conditions of the Declaration, specifically Article XVIII
thereof, the Developer retains the right to expand the effect of this Declaration to
include all or part of the Expansion Property which is defined in Article XVIII, Section
18.1; and
The Developer has opted to expand and include Silverbrook Estates Phase 2A-B (Lot
287), all of which is shown on the legal and plat attached here to as Exhibit "A"
ACCORDINGLY, the undersigned Developer Hereby Annexes into the Declaration as
follows:
1. All of the above and foregoing Recitals form a part of the operative and
substantive provision of this Annexation.
2. The addition of real property now owned or owned in the future by Declarant
identifies in Phase 2A-B (Lot 287) shall be shown on the legal and plat
attached herein referred to as exhibit "A"
3. Phase 2A-B (Lot 287) shall be effective upon the date that this document is
recorded in the office of the Flathead County Clerk and Recorder.
4. Except as annexes by this Declaration shall be and remain the same and in full
force and effect.
5. Let this document serve as a notice to all future purchasers that all lots in
Phase 2A-B (Lot 287) are subject to the Covenants, Conditions and
Restrictions of Silverbrook Estates Dated April 1, 2008 and recorded on March
26, 2008 With the office of the Flathead County Clerk and Recorder,
Document Reception No. 200800008099
IN WITNESS WHEREOF, the Developer has executed this Declaration of Annexation
effective the date and year first above written.
Developer:
Silvermont Properties LLLP
Printed Name and Title�� lt/iL1 Iys, r 1V'T -
State of Montana
Flathead County
This instrument was acknowledged before me this `day of September, 2020 by
5Yf,hdG-- of Silvermont Properties LLLP
Ftlpy CYNTHIATUDHOPE
Notary Public for the
State of Montana
*, Notarial Seal Residing at KALISPELL, MT
rr �� My Commission Expires
February 13, 2023
Notary gublic for the State of M ntana
Exhibit "A"
A TRACT OF LAND BEING A PORTION OF TRACT 3 OF CORRECTED CERTIFICATE
OF SURVEY NO. 15896, ON FILE AND OF RECORD IN FLATHEAD COUNTY,
MONTANA, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP
29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF
KALISPELL, COUNTY OF FLATHEAD, MONTANA; MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 288, BLOCK 24, OF THE PLAT
OF SILVERBROOK ESTATES PHASE 2A-A, ON FILE AND OF RECORD IN FLATHEAD
COUNTY, MONTANA; THENCE ALONG THE EAST BOUNDARY LINES OF SAID LOT
288 THE FOLLOWING COURSES: 1) N00°13'46"W, 149.00 FEET; 2) S89046'14"W,
54.00 FEET; 3) N00013'46"W, 190.63 FEET TO THE NORTH LINE OF SAID SECTION
13;
THENCE N89020'49"E, ALONG SAID SECTION LINE 230.03 FEET TO THE WEST
RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93; THENCE SOUTHERLY, ALONG SAID
WEST RIGHT-OF-WAY LINES THE FOLLOWING COURSES: 1) S00017'10"E, 297.40
FEET; 2) S58048'39"E, 201.09 FEET; 3) N89°42'59"E, 114.83 FEET; 4) S00017'10"E,
477.10 FEET;
THENCE S89046'16"W, 111.27 FEET TO THE NORTHEAST CORNER OF LOT 381A OF
THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A, LOT 381, ON FILE
AND OF RECORD IN FLATHEAD COUNTY, MONTANA; THFNCI= N15046'35"F, 62 42
FEET; THENCE N00017'10"W, 386.67 FEET; THENCE N58°48'39"W, 213.36 FEET;
THENCE S89046'14"W, 45.61 FEET; THENCE S00013'46"E, 20.00 FEET; THENCE
S89046'14"W, 141.09 FEET TO THE POINT OF BEGINNING; CONTAINING 2.72 ACRES,
MORE OR LESS, ALL BEING SURVEYED AND MONUMENTED ACCORDING TO THIS
PLAT.
THE ABOVE TRACT IS TO BE KNOWN AND DESIGNATED AS SILVERBROOK
ESTATES PHASE 2A-B.
I...—:y
CI6aJ
Upon recording, please re[urn to:
Colleen P. Donohue
Johnson, ncrg, McEvay & r3osru04 PLLV
PO Box 3039
Kalispell, Montana 59903.3039
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r-q FIRST AMENDMENT TO AND COMPLCTV. RESTATEMENT OF
o DECLARATION OF COVENANTS, CONDITIONS,
w RESTRICTIONS AND RESERVATIONS f OIL SILVERBROOK ESTATES
LHC A RESIDENTIAL MM COMMERCIAL DEVELOPMENT IN IC&LISPELL, MONTANA
a)
r-
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o LU w TRTS FIRST AMENDMENT TO AND COMPLETE RESTATEMENT OF TEMI
DECLARATION of Covenant Conditions, Restrictions and Reservations for Silverhrook Estates is
It ¢ executed this day of L , 2010 by 93 and Church, LLC, a Montana limited
� �
liability company, hereinafter referred to h ein as the "Declarant."
00
LnLn
C o WHEREAS, Declarant caused to be filed the Declaration of Covenants, Conditions, Restrictions
oa 00 and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No.
N r200800008099, hereinafter sometimes "Original Declaration" or "Declaration"; and
r-I Ln
G O WHEREAS, pursuant to the Original Declaration, Declarant specifically reserved unto itself the
aLn
p right to amend said Declaration during the period of Declarant Control; and
NLD WHEREAS, Declarant is the owner of more than seventy-five percent (75%) of the tots
r- c* comprising Silverbrvok Estates; and
00
Ln to WHEREAS, NOTICE HAS SEEN PROVIDED TO Owners pursuant to Section 16.8.2 of the
or a Declaration and Declarant certifies that fewer than 75% of Owners objected to this action 5y virtue of
10 r-1 Declarant's ownership of greator than 75% of the lots; and
(14 Ln
N 00
Ln 19t W l tR.EA5, Declarant desires to amend and completely restate said Declaration to change or add
o a the following: (1) requirements goveming the Assoe.iation contained in Ariele IV; (2) Declarant's right
0 o to waivc assessments in Article V; (3) construction commencement and completion in Article X; (4)
,17 m driveway location and installation in Article XI; (5) parking requirements contained in Article XI; (6) size
r,4 � and configuration of structures contained in Article XVE; and to otherwise correct internal discrepancies,
LNOD discrepancies between the Declaration and the Bylaws of Silverbrvok Estates and/or design fuidetines;
00 and
>_n Ln
0r WHEREAS, Declarant continues to reserve the right to further amend said Declaration as
OQ contcmplated within the Declaration referenced hereinabove.
N 00
L01 lqt NOW, TEFEREFORE, in consideration of the foregoing recitals and the amendment powers
v Ln o rescrved unto Deehxant as set forth in the Declaration, Declarant hereby amends and completes restates
0 said Declaration as follows:
O �
a rn THE DECLARANT is the owner and/or developer of certain real property situated in Flathead
t County, Montane, which is more particularly described an Exhibit A attached to thus Declaration and by
d O this reference made a part hereof. This property is the site of a mixed residential and commercial
pa development to be known as "Silverbrook Estates," sonietimos referred to herein as the "Property;" and
r'I rn THE DECLARANT desires to subject [lie Property, together with all the buildings and other
in Lo � improvements now or hereafter constructed thereon, as well as all appurtenances to the Property, to this
d"r Declaration; and
<n un
oa
1'rrx! rlrttendraent to and Complete Restalemew of Deelar ation of Comirauo - Silverbrvok Mtarer / Page - 1 -
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THE DECLARANT further desires to establish for its own benefit and for the mutual benefit of
all future owners of the Property, or any part thereat; certain covenants, conditions, restrictions,
easentents, rights, privileges, assessments and liens as set forth herein which shall encumber and run with
the Property and shall apply to all buildings and other improvements now or hereafter constructed
thereon; and
THE DECLARANT intends that the future owners, and all other persons who may acquire an
interest in the Property shall at all times hold their interest subject to the burdens of, and enjoy the
benefits of, the provisions of this Declaration which is made and recorded in furtherance of establishing
an outstanding and environmentally sensitive residential and commercial community governed by this
Declaration and its rules for the use, occupancy, management and enjoyment of the Property, which rules
are designed to protect and enhance the value, desirability and attractiveness of the Property and all
buildings and other improvements constructed thereon, while minimizing any negative impacts the
development may have on the natural environment
ARTICLE I
DECLARATION AND Ii"OSITION OF COVENANTS AND STATEMENT
OF DEVELOP1VtENT PFIILOSOPHY
Section 1.1 Statement of Purpose. The purpose of the Declarant in making this. Declaration
and subjecting the Property to it is to crcatc an outstanding aid carefully planned mixed residential and
commercial community to be known as Silverbrook Estates (the "Project" or "Silverbrook Estates").
The purpose of this document is to assist Owners in Silverbrook Estates by providing a framework for the
design, construction, maintenance and use of their individual property within the subdivision. This will
allow each individual project to contribute to the long-term goal of creating a development that
compliments and enhances the surrounding natural environment. This document also explains the miles
and restrictions that are intended to protect the landscape, wildlife, and use of property for the protection
and enjoyment of all Owners in Silverbrook Estates. This document, together with the Silverbrook
Estates Design Guidelines, also outlines appropriate architectural elements that reflect the specific context
and environment of Silverbrook Estates.
Specific Objectives of this Declaration are:
■ To protect and enhance the natural environment, wildlife and individual property values;
■ To respect environmental conditions as well as neighbors;
• To impose architectural criteria for buildings which allow for individual expression but
also establish clearly delineated pararrlcters;
■ To address all types of development and property use, including buildings, landscaping,
maintertancc, water usage, fences, signs, driveways, utility installation, parking, lighting
and maintenance.
Section 1.2 Rlghl to Expand: The Declarant may acquire in the future additional real estate
which it may desire to incorporate into 5ilverbrook Estates (the "Expansion Property"), and the Declarant
has tcservcd thr, right, but will not be obligated, to incorporate the Expansion Property in whole or in part
in accordance with the annexation procedures set forth in Article XVIII below, so that the Expansion
Property, if and when annexed and developed, will be treated as an integral part of the planned
community of Silverbrook Estates.
Section 1.3 Imposilion of Covenants: To accomplish the purposes outlined above, the
Declarant hereby declares that from the date of the first recording of the original Declaration forward, the
Property will constitute a planned community known as Silverbrook Estates, and will be held, sold and
conveyed subject to the covenants, conditions, restrictions, easements and other reservations set forth
herein (collectively, the "Covenants"), The Covenants will run with the land and will he hinding upon all
persons and entities having any right, title, or interest in all or any part of the Property (including
Declarant) and their heirs, successors and assigns, as well as their tenants, employees, guests and
invitees. These Covenants will inure to the benefit of each Owner of the Property.
First Amendhre rt as and Complain Restatement of Declarlaliwr of Covenants — Silverhraak fwafes I Page - 2 -
IIIIIIII �I IIIII IIIII IIIII IIII IIGI 111111111101111111 IN111111111111111 ` °°°°° 7 a°
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ARTICLE U
D EFFMTTONS
The following terms are given the definitions act forth below, and when used in this Declaration
the defined terms are capitalized.
Section 2.1 Association and P.O.A. shall mean the Silverbrook Estates Property Owners
Association. The Association may be incorporated as a Montana nonprofit corporation, with its Members
as the residential Lot Owners. The Declarant reserves the right to create associations of the commercial
property owners and/or the R-4 Residential Lot owners, as well as a master association with over-arcbing
jurisdiction over the other associations. Declarant reserves the right to structure these associations of the
Silverbrook property owners in the manner Declarant believes best serves the interests of Silverbrook
Estates.
Section 2.2 Contract Purchaser shall mean a person buying a Lot pursuant to a contract for
deed, Montana Trust Indenture or mortgage.
Section 2.3 Covenants and CCRs shall refer to the Declaration of Covenants, Conditions,
Restrictions and ReservationsforSilverbrook Estates (this document).
Section 2.4 Deckira►rt shall mean and refer to 93 and Church, LLC, and its successors and
assigns.
Section 15 Directors shall mean the Board of Directors of the Association who shall be elcctcd
attire annual meedngpursuant to the Bylaws.
Section 2.6 Design Guidelines shall mean the guidelines and rules adopted and incorporated
herein by this reference. The Design Guidelines may be amended and supplemented from time to time
pursuant to the requirements set forth in the Design Guidelines.
Section 2.7 Ineprovente►tt(s) small mean all buildings, parking areas, loading areas, fences,
walls, hedges, plantings, lighting, poles, driveways, roads, ponds, lakes, trails, gates, signs, changes in any
exterior color or shape, excavation and all other site work, including, without limitation, grading, road
coastruction, utility improvements, removal of trees or plantings, and any new exterior construction or
exterior improvement which may not be included in the foregoing. Ttnprnue►cent{sJ does not include turf,
s rob, or tree repair or replacement or changes to existing buildings which do not change exterior colors
or exterior appearances. haprovement(s) does include both original improvements and all later changes
to improvements.
Section 2.8 Lot(s) shall mean all of the real property herein described and subsequently
surveyed and platted into lots as Silverbrook Estates development, according to the official plats thcreof
filed of record in the office of the CIerk and Recorder of Flathead County, Montana. 'There will be lots
for individual residences, townhome lots and commercial lots.
Section 2.9 Majorb)? shall mean fifty-one percent (51%) or more of cast votes in reference to
ilre Association and its Members.
Section 2.10 Member shall mean any Owner or Lot Owner of a residential Lot; Each Member
or Owner agrees to abide and be bound by these Covenants, the Articles of Incorporation, the Design
Guidelines, and the Bylaws and the Resolutions of the Property Owners Association.
Section 2.11 Open Space or Carnato►t Area shall mean all of the property conveyed to the
Association for use by the Association and its Members and Owners in common including roads, trails,
parks and waterways. Common Area also includes those areas not conveyer/ to the Association, but with
respect to which the Association has responsibility, such as boulevards, sidewalks and landscaped areas
within road rights -of -way owned by the City of Kalispell.
Sectlou 2.12 Owner or Lot Owner shall mean 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
Fist Amendorent to and Co❑rplcte Restaterneert of Declaratton of Cavenants— Silverbrook Rvaias 1 Pogo - 3 -
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i10E.uo
Paula Rabincon, Floth—d County 111 by tin 01tli11010 ti!ss AN
"Ceclarant" or its successors or assigns. The term "person" hereinafter shall include any person, persons
or entities.
Section 2.13 Period of Declarant Control shall mean the period beginning on the date the
original Declaration is first recorded in the office of the Clerk and Recorder of Flathead County, Montana,
and ending on the earlier of: (i) the date which is seven (7) years later, or (ii) the date on which the
Declarant has sold seventy-five percent (75%) of the Lots in Silverbroolc Estates, including any
annexations or additions to the subdivision,
The Period of Declarant Control may be reinstated or extended by agreement between Declarant
and the Association, subject to whatever terms, conditions, and limitations the Board of Directors may
impose, 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 2.14 Properfjr means and includes fire property described on Exhibit A and initially
subjected to this Declaration, and also refers to any additional real property that may be incorporated in
the Project from time to time and made subject to tlicsc Covenants pursuant to the provisions of this
Declaration.
Seetiou 2.15 Oilier Definitions: Other definitions may be round throughout these Covenants.
Any term not specifically defined shall be deemed to have its common and ordinary meaning.
ARTICLE M
CONFIDENTIALITY
Section 3.1 Duty of Cot:fldetiziallry: 5ilverbrooit Estates and its P.O.A. shall maintain tale
confidentiality of information at nil times. This requirement recognizes that Owners have a reasonable
right to privacy and that an Owner could be harmed by an unjust or unfounded allegation of a violation of
a Covenant or rule relating to the Property. At the same time, Owners who report violations should be
,able to do so without fear of reprisal.
Section 3.2 Iarportauce of Conftdendality: In situations involving alleged violations of the
Covenants, confidentiality facilitates interaction between the Association and its Members.
Communication can be less guarded and more direct than it would be with a public process.
Confidentiality helps flit Association determine the facts in disputes involving neighbors. Complaints
and counter -complaints from neighbors somctimcs arise; sometimes these are legitimate, sometimes they
are exaggerated or fabricated. Confidentiality liclps in distinguishing facts from feelings in such cases.
Confidentiality also guards against adverse publicity and public misunderstanding for individual Owners
and for the Association.
Section 3.3 Disclosure In Reporting: Those who report covenant or rule violations to the
Association must disclose their identity, but the Association shall take care to protect the confidentiality
of such reports. Reports of violations shall be submitted in writing and signed. Gencrally, reports
submitted anonymously to the Association will not be investigated or pursued, There are several reasons
for this policy:
3.3.1 The requirement that reports of violations be signed and in writing allows tho
Association to contact the reporter when additional information is needed. An anonymous report
affords insufficient means fur fallow -up.
3.3.2 Requiring disclosure of a violation reporter's identity to the Association
significantly reduces the number of frivolous or unnecessary complaints. Anonymous complaints
are often less reliable than those in which the reporter's identity is disclosed.
3.3.3 The Association cannot initiate enforcement action without just cause. Written
complaints document that cause. This ]yelps internally within the Association; directors who must
act on a problem can be assured that a reliable rendition of the complaint exists. if the matter
results in legal action, written documentation is in tit bands of the Association.
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ARTICLE IV
SILVERBROOK ESTATES PROPERTY OWNERS ASSOCIATION
Section 4.1 t;stabAstune+it of Associadon: An association is hereby established known as
"Silverbrook Estates Property Owners Association" hereinafter referred to as the P.D.A. or the
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.
Section 4.2 Association Membership and Mating Rights: Every Owner or contract purchaser
of a residential Lot shall be a member of the Silverbrook Estates Property Owners Association.
Membership shall be appurtenant to and may not be separated from the ownership of any Lot_ Earb
Owner shall be responsible for notifying the Association of their acquisition of ownership, of their
mailing address, and of any subsequent changes of ownership or trailing address. The initial address of
the Association shall be 33 Hunter Circle, Suite 1, KalispeIl, Montana 59901. The address of the
Association may be changed by the Board of Directors upon notice to the Owners.
All members will be entitled to vote on Silverhrook Estates Property Owners Association matters on the
basis of one vote for each Lot awned. When more than one person holds an interest in a Lot, ail such
persons will be Members, but they may cast only one vote for each Lot with such vote to be cast in such
manner as those multiple owners may determine among themselves.
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 Cor drtd 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 tights to such
membership shall vest in the legal owner.
Section 4.3 Association Meetings: The annual meeting of the Association shall occur in May
of each year in accordance with the notice requirements set forth in the Association's Bylaws.
Special meetings may be called by the President of the Association or by a majority of the Board of
Directors, or upon written request of Members who are collectively entitled to vote at least twenty percent
(20%) of all of the vore.4 in the Association. Special meetings Shall require seven (7) days notice, in
writing. Notice of annual and special meetings shall be mailed to Owners at the address for each Owner
as maintained by the Association. The presence of Members, in person or by written proxy, representing
twenty percent (20%) of the total votes of the membership shall constitute a quorum.
At the annual meeting, the Members shall review and approve a budget for the next year, elect Directors
and conduct such other business as shall be reasonable or necessary to carry out the purposes of the
Association. The Board of Directors shall be comprised of not Iess than three (3) Directors or more than
seven (7) Directors.
The annual meeting of the Board of Directors shall be held immediately after the annual meeting of the
Members. At the annual meeting, the Directors shall elect a President, Vice -President, Secretary and a
Treasurer for the Association from among the Directors, except that the Secretary and Treasurer may be
Members who are not Directors.
This Section is subject to Declarant's rights set forth in Article XIX during the period of Declarant
control.
Section 4.4 Turnaver 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 the Association to the Members,
and the Members will be obligated to accept control of the Association in accordance with such plan,
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Section 4.5 Terms of Directors. The Directors shall serve for a term of three (3) years as set
forth in the Bylaws. Each Director shall serve until replaced by his or her successor. Any vacancy on the
Board of Directors occurring before the next annual meeting of the Members shall he filled by
appointment or special election as determined by the remaining Directors. This Section is subject to
Declarant's rights set forth in Article XIX during the period of Declarant control.
Section 4.5 Board Powers: The Board of Directors shall have the power and responsibility of
acting on behalf of the Association and its members as small be reasonably necessary to carry out the
purposes of the Association, including but not limited to taking such actions as shall be necessary or
reasonable to care for, protect and maintain the Open Space and Common Areas; to enforce these
Covenants and the Design Guidelines; to levy and collect assessments; to set annual and special meetings;
and to act in any other matters set forth herein or which may serve Siiverbrook Estates, including the
formation of special improvement districts, either public or private, for such improvements as the
Association shall approve.
The Directors shall act by simple majority vote. The officers of the Association shall follow the
directions of the majority vote of the Directors.
Section 4.7 Board Duties: The duties of each of the officers shall be as follows:
4.7.1 President: The President shall preside over all meetings of the P.O.A. Tbc
President shall call the membership together whenever necessary_ The President shall he the
general administrative and executive officer of the P.O.A., and shall perform such duties as may
he specified, and exercise such powers as may be delegated to the office of President by the Board
of Directors.
4.7.2 Vice -President: The Vice -President shall exercise the powers of the President in
the absence of the President.
4.7.3 Secretary: The Secretary shall give notice of all meetings of the P.O.A. and shall
keep a record of the proceedings of the meetings of the P.O.A. The Secretary shall be authorized
to sign on behalf of the P.D.A, all records, documents and instruments when such are authorized
to be signed by the P.O.A.
4.7A Treasurer: The Treasurer shall keep and maintain adequate and correct records of
the accounts, properties and business of the P.D.A., including accounts of its assets, liabilities,
receipts, disbursements, gains and losses. The Treasurer shall prepare and report such periodic
accountings as shall be Tequired by the P.O.A., but not Iess frequently than annually.
Section 4.8 Jurisdictfou of the Association: The Association shall have jurisdiction over all
areas of Silverbrook Estates which are designated as residential on the final plat of the subdivision Or by
City of Kalispell zoning nrdinanees_
Section 4.4 Additional Associations: The Declarant rescrves the right, to establish additional
associations of Silverbro❑k Estates property owners to 'ftuther the objectives of this Declaration and to
promote the interests Paid enhance the govmuance of Siiverbrook Estates. Such additional associations
may consist of an association of the commercial property owners, as association of the tovtmhorrie Lot
owners or a master association to oversee and coordinate the functions of all the sub -associations.
ARTICLE V
ANNUAL AND SPECIAL ASSESSMENTS
Section 5.1 Assesswents: Each owner, whether or not it shall be so expressed in any deed or
contract, is deemed to have agreed to these Covenants, and to pay to the Association:
a] Annual assessments or charges; and
b) Special assessments for capital improvements, such assessments to be established
and collected as hereinafter provided.
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'9" ";55 ANThe annual acid special assessments, together with interest, costs and reasonable attoniey's fees, shall lie a
charge on the Lot, and shall be a continuing lien upon the property against which each such assessment is
made. Bacb assessment, together with any accruing interest, costs and attorney's fees, shall he the
personal obligation of the Owner of such Lot at the time when the assessments are duo.
Section 5.2 Pnrpose afAssessmauts. The assessments levied by the Association shall be used
to promote the health, safety, convenience, recreational opportunities and welfare of the Owners; for the
improvement, repair and maintenance of easements, trails, water features, roads, Open Spaces, and
Common Areas; and for any other purposes, expressed or implied, in these Covenants.
Section 5.3 Annreal 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 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 amount of the annual assessments
shall be fixed by the Board of directors in the following manner:
At each annual matting of the Members, the 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. The Member& 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 corning year to cover the
budget approved in the manner herein set forth.
Norwithstanding the foregoing, the annual asscssmont per Lot during any twelve (12) month period shall
not increase more than tea percent (101K) from the immediately preceding 12-month period.
Section 5.4 Special Assessarerits for Capital Improvements. In addition to the annual
assessments authorized above, the Association may levy special assessments for the purpose of defraying,
in whole or in part, the cost of any construction, reconstruction, or other capital improvement, an the
Property, including fixtures and personal property related thereto, provided that any such assessment
shall have the approval of two-thirds (213) or more of all of the votes of the Members who are present, in
person or by proxy, at a meeting duly called for that purpose. Special assessments may be levied to be
paid over one or more years. Assessments for normal maintenance and repairs shall require only a simple
majority vote.
Section 5.5 Un(form Rate of Assessme;rrl: Annual assessments shall be fixed by the Directors
at a uniform rate for each of the following three (3) categories: Neighborhood Commercial, R-4
Residential and Residential Single Family. All commercial Lots will be included in the Silverbrook
ilstates parking district. Each of the commercial Lots is subject to additional assessments relative to their
parking obligation associated with that Lot.
Section 5.6 Brie .Date of Assessments. The annual assessments shall be payable in monthly
installments as directed by the Board of Directors. The Board of Directors shall make provision for
prepayment of the annual assessment such that the Members have the ability to prepay their assessments
quarterly or annually. Due dates for assessments shall be determined by the Hoard of Directors. The
B❑ard of Directors shall fix the amount of the annual assessments upon each Lot at Icast thirty (30) days
in advance of the due date of each annual assessment, and at least ninety (90) days in advance of special
assessments. Written notice of the annual and special assessments shall be mailed or personally delivered
to every Owner subject thereto, at the last known mailing address.
Section 5.7 Failure to Pay Assessments; Remedies of the Association: Any assessment not
paid within thirty (30) days after the due date shall bear interest from the due date at the rate of ten
percent (10%) per annum. The Association may bring an action against the Owner obligated to pay the
same or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the
assessments provided for herein by non-use of the Open Space or Common Areas, or by abandonment of
their Lot -
Upon delivery of the notice of assessment to the Owner, the assessment shall be a lien upon the Owner's
Lot until paid. The Association may record a notice of the lien with the Clerk and Recurder of Flathead
County, Montana. 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 iuw for the foreclosure
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of liens against real property. 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.
Section 5.8 Sale nr 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 the 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 Iiability for any
outstanding assessments, or from any assessments thereafter becoming due, or &am 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 5.9 Waiver. During the Period Dee] arant Control, declarant reserves the right to waive
any assessments it deems advisable, in its sole discretion.
ARTICLE VI
SUSTArKABILITY
Section 6.1 Commitment to SuVai►rahle Development: The preservation of the natural beauty
and quality of life found in the Flathead Val]ey — sustainability— is an important objective of Silverbrook
Estates. These Covenants are intended to promote and ensure a more environmentally conscious way of
living_ There are provisions throughout these Covenants and the Design Guidelines which emphasize and
foster the concept of sustainability. All such provisions must be met by any development project within
Silverbrook Estates, unless a waiver or variance is granted by the Design Review Committee.
ARTICLE VII
DESIGN GUIDELINES
Sectlon 7.1 Iirterrt of Design Crrldethies: The intent of the Design Guidelines, a separate
document adapted to goveni the building of any and all structures in Silverbrook Estates, is to define a
level of quality and consistency of building design which will maximize the overall quality of Silverbrook
Estates. The creativity of the Owners and their professional consultants will be respected. Individual
expression is encouraged, provided it is harmonious with the overall character established by the ]Design
Guidelines.
Section 7.2 Compliance With Design Guidelines: `Ilia Design Guidelines are incorporated
herein by reference and are enforceable as if they were a part of the Covenants. All Improvements shall
be in conformance with the Design Guidelines. Variances may be granted if a plan is of excellent
architectural design and meets the overall philosophy of the Resign Guido] ines.
Section 7.3 Design Review Coy►u►tittee: The Silverbrook Estates Design Review Committee
(DRC) is hereby established and shall carry out all duties bestowed upon it by the Association, these
Covenants, the Design Guidelines and any amendments to such documents.
The procedures for seeking DRC review and approval of any proposed Improvement are set forth in the
Design Guidelines.
No Improvement of any kind shall be commenced without the written approval of the DRC_ Each
structure must be constructed in compliance with the Design Guidelines, including but not limited to,
location, size, height, color, materials, design and all other requirements of the Design Guidelines.
All Iandscaping must be installed within the first growing scason foI lowing substantial completion of any
residential or commercial development.
ARTICLE VIU
SILVERI3ROOK ESTATES DESIGN REVIEW COMMITTEE (I)RC)
Section 8.1 Authority of DRC: The Silverbrook Estates Design Review Committee (b]zC)
shall act in addition to, and not in lieu of the City of Kalispell and its planning and zoning authority, to
which Silverbrook Estates is subject. Neither the City of Kalispell nor its Planning Board, however, is an
appeal hoard for the DRC. The DRC is given authority through Article VII above.
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Section 8.2 DRC Urgrsrrieatio►t ar+d Errforcetrreltt: The DRC will be organized by the P.io-k,
which is responsible for appointing DRC members and setting their terms of service. The DRC shall
consist of three members appointed by the P.Q.A,
Section 8.3 Purpose of the DRC: The DRC is established and given the authority to
coordinate, interpret, apply and assure fair and equitable implementation of the Covenants and Design
Guidelines. The objective of the DRC is to encourage a level of quality that will enhance both the natural
and built environments of Silverbrook Estates,
Section SA Dirties of the DRC: 'Me DRC is responsible for administering the Covenants and
Design Guidelines and performing the following duties:
8.4.1 Adopt Rules: To adapt such reasonable rules and procedures as it deems necessary
to carry out its functions.
8.4.2 Requhe Plans: To require any of the following it deems necessary for its review
of a proj cct:
a) Site plans
b) Landscape plans
c) Building plans, elevations, and associated drawings
d) Material and color samples
c) Other information deemed appropriate to individual proposals
8.4.3 Require Review o}'A11 Improvementy: To require that all proposed Improvements
be reviewed under the design review process (see Article DC, below) and that all plans are
reviewed and approvals granted before the commencement of any construction,
8.4,4 Enforce Rules: The DRC is given broad powers to apply and enforce all rules
relating to Improvements, and to. -
a) Determine the adequacy of plans submitted to it;
b) Enforce height requirements contained in the Covenants and Design Guidelines and
to impose such requirements where they are not specified;
c) Reject materials, design, and colors submitted with plans and the plans themselves,
if they are not compatible with or are inappropriate to the overall vision of
Silverbrook Estates or do not conform to the Design Guidelines;
d) Hear all testimony related to variances and grant variances to the Covenants and
Design Guidelines as it deems appropriate;
e) Interpret the Covenants and Design Guidelines as it deems appropriate and make
rulings tbereon;
t) Require that all improvements be constructed in substantial compliance with
approved plans and specifications;
g) Enforce the Covenants and Design Guidelines in a court of law;
11) Revoke or suspend approvals and order the suspension or Cessation of any
construction in violation of the Covenants or Design Guidelines or any approval
issued by the DRC; and
i) Require that a fee of $200 for residential projects or $1,040 for commercial projects
be paid to the P.C.A. for the review of iruiIding plans and specifications.
Section 8.5 Liability: Neither the DRC, the Association or the Declarant, or any member
thereof, shall be liable to any Owner or any other person or entity for any damage, loss or prejudice
suffered or claimed on account of the foflowing, so long as the DRC or member has acted in good faith;
a) Tile approval or rejection of any plans, drawings or specifications, whether or not
defective;
b) The construction or performance of any work, whether or not pursuant to approved
plans, drawings or specifications;
c) The devclopment or manner of development of any property within Silverbrook
Estates; and
d) Any other act carried out in the DRC's or member's official capacity.
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ARTICLE IX
DESIGN RE, VIE,W PROCESS
Section 9.1 Applicabdity of Design ReWmv Process: The design review process must be
followed for any of the following:
a) Construction of any building;
b) Renovation, expansion, or refinishing of the exterior of any building;
c) For commercial buildings, interior changes which affect the major function of a
building;
d) Site alterations, including roads, parking and driveways;
e) Major landscaping including fences and walls;
f) Exterior Iighting changes; and
g) Utility installation or modification.
In addition to meeting the requirements of this Declaration, an Owner must comply with the requirements
of all goveming agencies including the City of Kalispell and the State of Montana in order to obtain
required building permits, certificates of occupancy, temporary certificates of occupancy or similar
authorizations.
Section 9.2 Plan Requirements: All architectural and buildutg plans submitted to the DRC
shall be of architectural quality prepared by a licensed architect or architectural designer. All site,
landscape and irrigation plans shall be prepared by a certired irrigation designer, landscape architect or
landscape designer. The DRC slid] reject materials, designs and colors submitted with the plans, and the
plans themselves, if they do not comply with the Covenant,, and Design Guidelines, or are not compatible
with the overall plan for Silverbrook Estates.
Section 9.3 Plait Review anil Approval: The Silverbrook design review process consists of
two steps; initial Plan Review and Final Plan Review and Approval. It is recommended that Owners
folluw this two-step process for any major building project. Owners may, however, submit materials for
Final Plan Approval without an Initial Plan Review. Owners may appeal unfavorable DRC decisions to
the Silverbrook Estates Property Owners Association.
9.3.1 bridal Plan Review, The purpose of the .Initial Plan Review is to consider the
conceptual design of the pi-aposed project. The review will vonsider existing site conditions and
planted improvements, building floor plans and elevations, roof design, architectural ebaracter or
expression, exterior materials, grading, drainage and erosion control measures. Owners and their
representatives should consult the Initial Plan Review Checklists and Evaluation Criteria For
submission requirements.
The Initial Plan Review consists of the following steps:
1. The Owner/architect prepares and submits to the DRC two copies of the Initial Plan
which must include all information required by the Initial Plan Review Checklist.
2. The T)RC reviews the Initial Plan at a scheduled meeting and notifies the Owner in
writing of its fm&gs within ten (IQ) business days.
3. if necessary, the Owner may resubmit an initial Plan or appeal to the P.O.A. within
thirty (30) business days.
9.3.2 Knot Plan .Review and Approval: The Final Plan Review and Approval addresses
the final design details of the project. The review will consider planned improvements, building
elevations, building sections, roof design, architectural character or expression, exterior materials,
site conditions, grading, drainage and erosion control measures. The Final Plan Review Checklist
and Evaluation Criteria set forth the submission requirements.
The Final Plan Review and Approval consists of the following steps:
Upon approval of the Initial Plan the Owner/architect shall prepare and submit two
copies of the Final Plan which shall include all information required by [be Final
Plan Review Checklist.
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2. The DRC notifies the Owner in writing of the Final Plan Approval decision within
ten (10) business days.
3. Upon issuance of written approval, the Owner may apply for a building permit and
design approval from the governing authorities.
4. If necessary, the Owner may resubmit a revised Final Plan or appeal to the P.C.A.
within thirty (30) business days.
Chapter 3ff of the Design Guidelines contains the Checklist Forms, listing the required steps and
submittals needed for both the Tnitial Plan Review and the Final Plan Review. To make sure that
the Owner, the Owner's architect, builder or other representative files a complete submittal
package with the DRC at each stage of the review, it is recommended that these forms be used in
compiling the necessary materials prior to scheduling a review by the DRC,
ARTICLE x
CONSTRUCTION PROCEDURES
Section 10.1 Appnavals Regnired Prior to Coruruonee►neret of Constructor: No construction
may be commenced until Final Plan Approval has been received from the DRC and all required building
permits have been issued by the appropriate regulatory authorities. Building construction must strictly
conform to the approved Final Plan.
Section 10.2 Plan Modifeudons: All modifications to previously approved site, landscape or
building plans must be submitted to and approved by the DRC.
Section 10.3 Construction Cartes: All structures shall be constructed in compliance with
applicable state, local and federal codes for construction, including codes for seismic Zone 3 and National
Fire Protection Codes.
Section 10.4 Construction Regulations:
10.4.1 Noise Abatement mid Haurs of Work: Heavy equipment operation and other
loud noise from construction is prohibited between 7:30 p.m, and 6:30 a.m. No blasting is
permitted at any time.
10.4.2 Construction Staging and Material Storage: All construction staging, including
but not limited to, material storage, equipment storage, construction trailer placement, etc., must
take place within the Lot for which the building permit was issued unless an alternate staging area
is apprnvcd in writing by the ORC. All parking in connection with the construction shall be on
dedicated public streets or the lot on which construction is taking place.
10.4.3 Ti•asli Cwitaliiiiieiit raid Reisoval. Trash and construction debris shall be cleaned
up on a daily basis in containers which shall he emptied on a regular basis to insure rofficient
room to stare trash at the end of each working day. Owners roust ensure that their contractors
remove and dispose of, at an authorized county landfill, any excess trash and construction debris.
Burning of construction debris within 5ilverbrook Estates is prohibited.
IQ.d_d Tree and Property Protecdon., Constriction practices must include care during
grading and excavation to avoid damage to existing trees and slu-abs and their root structinvs.
All construction equipment and activity including vehicular movement, unloading or daily
parking, as well as stockpiling of materials and topsoil must be kept within the perimeter of the
Lot unless specific written authorization to do otherwise is obtained from the DRC. Any adjacent
property including roads or Common Areas damaged during constriction shall be restored and re -
vegetated within thirty (30) days of the occurrence to the satisfaction of the DRC. If such
restoration is not completed promptly, the DRC may contract for such restoration with all costs to
be charged to the Lot Owner or Person in whose name the Final Plan approval was issued.
10.4.5 Temporary Structures: A small job office or trailer may be located on the site
during the construction period. The job office must be romovcd from the site within hftecn (15)
days of completion of construction.
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P.O.rtohin.o�. nneheni e��ty Kr by e;.e viltn;olu 11:ss AN10.4.6 Construction Sertnence: No accessory structures, buildings, garages or sheds may
be constructed or maintained on any Lot prior to the construction of the main strucnure of the
residence. Provided, however, that the provisions of this sub -paragraph shall not preclude
temporary construction shelters (addressed in Section 10.4.5, above).
10.4.7 Erasion Confrol. All disturbed areas shall be protected from erosion during and
alter the construction period. Erosion control shall be implemented during construction to insure
soil stabilization and sediment control, and to foster timely re -vegetation, No Owner may change
the drainage pattern on any Lot without the specific approval of the DRC.
Section I0.5 Building Inspections. The DRC will not inspect projects for building code
conformance. Compliance with building codes and regulations is the responsibility of each Owner. The
DRC will, however, from time to time inspect construction sites for compliance with approved plans, the
Covenants and Design Guidelines.
It is the responsibility of the Owner or the Owner's representative to contact the appropriate state, local
and other authorities regarding electrical, plumbing and other required inspections for building code
conformance.
Section 10.6 Constnictlon Commencement and Complet on.- The construction of the primary
residential structure must be substantially completed within eighteen (19) months of the commencement
of construction.
Section 10.7 Cortstruedou Time Extensions and Pets attics. The POA may, in its discretion and
subject to appeal to and review by the Board, extend the construction time limits set forth in this Article
X, or impose appropriate penalties for failure to comply with such time Iimits. Such penalties may
include fines which will be treated in the same manner as assessments, which if not timely paid will
become a lien against the Owner's Lot.
ARTICLE XI
PROPERTY USE AND RESTRICTIVE COVENANTS
Section 11.1 Htrrrting. No hunting of, shooting at or harassing of birds, animals or other
wildlife is permitted. Skunks, gophers and rodents may be trapped; however, poison may not be used.
Section 11.2 Pets: No livestock, poultry or other animals, except domestic dogs and cats, or
small house pets and birds. are permitted. Excessive numbers of pets of any type are not allowed.
Numbers become excessive when the pets become uncontrollable from within the interior confines of the
structure on the property, thus becoming a nuisance to neighboring properties. All dogs, cats and other
pets shall be strictly controlled by their owners so as not to annoy or interfere with the use of the
properties by the other Owners and to prevent any interference or harassment of wild birds or animals in
the subdivision or on surrounding or adjacent properties. Dogs and cats shall be kept on the owner's
property and shall not be allowed to roam free. Dogs must be kept on a leash when not on the owner's
Lot and pet owners shall immediately pick up all pet feces from other Lots or Common Areas.
Section 11.3. Artificial Feeding: The artificial feeding of any big game animal is prohibited.
Section 11A. Animal Proof Containers: All garbage must be stored in animal -proof
containers. Foodstuffs, including garden, pet and other sources may not be stored out of doors finless kept
secure in animal -proof containers.
Section 11.5. Acceptance of Wildlife Damage. Lot Owners acknowledge that wildlife damage
to landscaping will occur. Lot Owners accept that risk and shall not file claims against adjacent Lot
Owners, the Association, or any other governing body for such damage unless it is established that a
violation of these Covenants led to such damage.
Section 11.6 Open Space and Trail Mairtienance: The Association shall be responsible for the
maintenance of all trails within Silverbrook Estates. The Association shall also be responsible for weed
control, mowing, irrigation, care and maintenance of all Common Areas and Open Spaccs as well as any
other corrunon amenities within Silverbrook Estates. The Association will use the assessment process to
collect funds to pay for such care and maintenance.
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Section 11.7 Noxious Weeds. In order to comply with the requirements of the Flathead County
Weed Control District and the Montana Noxious Weed Control Act, the following rules apply:
11.7.1 Resironsihility for Control; The P.O,A. is responsible for noxious weed mritrol in
all Open Spaces and Common Areas within the subdivision. Each Owner is responsible for the
Owner's LoL 71lie Y.O.A. will also act as the contact point for any noxious weed complaints
within the subdivision.
The control of noxious weeds by the P.O.A, on those areas for which the P.Q.A. is responsible and
the control of noxious weeds by individual Owners on their respective Lots shall be as provided in
the Montana Noxious Weed Control Act (Section 7-22-2101, el seq., MCA) and the rules and
regulations of the Flathead County Weed Control District.
11.7.2 Failure to Corneret; Authority of F.O.A.: Both improved and unimproved Lots
shall be managed for noxious weeds. In the event an Owner does not adequately control the
noxious weeds, after ten (10) days notice from the P.Q.A., the F.O.A. may cause the noxious
weeds to be controlled. Ilse cast and expense associated with such weed management shall be
assessed to the Lot and such assessment will become a lien if not paid within thirty (30) days of
the mailing of such assessment.
Section 11.8 Water Testing: Silverbrook Estates will be connected to City of Kalispell water
and sewer. Any and all testing shall be performed by the appropriate authorities appointed by the City of
Kalispell.
Seetiion l i.9 Road Maintenance: All roads within the Silverbrook Estates Subdivision are to be
owned and maintained by the City of Kalispell. however, within the road rights -of -way owned by the
City of Kalispell there may be medians, landscaping and other amenities which will be owned or
controlled and maintained by the F.O.A. These common amenities are considered part of the Silverbrook
Estates Common Area.
Section 11.10 Drimmy Location and Installation: Each driveway access point must be at
least fifty (50) feet from the nearest road intersection. Driveways and driveway location must he pre -
approved by the DRC. A four inch (4") sleeve for irrigation shall he installed under each driveway prior
to construction of any driveway or driveway apron. All casts of the installation of the driveway, driveway
apron and irrigation sleeve axe the responsibility of the L❑t Owner.
Section 11.11 Fencing: Fences projecting beyond the primary fagade of residences are
prohibited. A]I fences must be constructed with the finished facade to the exterior of the Lot upon which
the fence is being erected. The Declarant will install fencing along all residential rear lot lines along
SiIverbrook Drive and Church Drive.
Section 11.112 Exterior Lighting; All exterior lighting shall be reflected downward with full
cutoff illuminairies. No light spill outside of the property being illuminated is permitted. Exterior
lighting may contribute only minimally to light pollution.
Section 11.13 Storage of Equip►rreret; No Lot or adjacent street or road may be used for the
storage of any inoperable vehicle, machinery or equipment, No Lot may be used for storage of any
articles, vehicles, equipment or other personal property of any quantity in excess of the immediate needs
and personal use of the Owner of the Lot or the occupants and guests thereof as the case may be, and shall
not interfere with the use or enjoyment of neighboring Lots.
Section 11.14 Commercial Equipment. No Lot or adjacent street or road may be used for the
outside parking or storage of any commercial trucks (does not include 1-ton or smaller pickup trucks),
large commercial vehicles ar other heavy equipment, except as may be reasonably necessary during
periods of construction. Nothing herein shall prohibit the storage of such vehicles with -in the confines of a
garage approved by the DRC.
Section 11.15 Recrearlonal Equlpmetiv All campers, trailers, motor homes, boats and all other
recreational equipment shall only be parked on the owner's Lot. in no event shall such equipment be
parked on roads, nor shall any equipment be parked such that it is visible from the streets or adjacent Lots
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for a period exceeding seven (7) days in any thirty (30) day period. Storage or location of such equipment
and vehicles for periods longer than those pertnitted by this section is allowed only in an enriosed garage
or other screened area with such garage or screen having been approved by the DRC.
Section 11.16 Offensive Acdvity. No noxious odors or offensive activity shall take place upon
any portion of the Property, nor shall anything be done thereon which may be, or may become, an
annoyance to the neighborhood. Firearms may not be discharged anywhere on the Property,
Any violation of applicable city, county or state lirWS or ordinances or other applicable governmental
regulations constitutes a violation of these Covenants and may be enforced by the Association or
individual Lot Owners.
Section 11.17 Ditches, Ponds and Water Courses: Each Owner of property within Silverbrook
Estates acknowledges the presence of water features located in the Open Spaces and Common Areas of
the development. Each Owner of property within Silverbrook Estates, as individuals and as members of
the Association, acknowledges that water could pose a danger to humans, animals and property. By this
acknowledgement, each Owner of property within Silverbrook Estates, as individuals and as members of
the Association, assumes the normal and ordinary consequences of their actions when in, next to, or in the
vicinity of water features within Silverbrook Estates.
ARTICLE XII
OWNERS RESPONSIBILITIES FOR MAINTENANCE
Section 12.1 Owners Responsibility for Lot: Except as provided in this Declaration or by
written agreement with the Association, al maintenance of a Lot and the Improvements located on it will
be the sole responsibility of the Owner of the Lot, For purposes of allocating responsibility for landscape
maintenance between the Lat Owners and the Association, the Lots will be defined as the area from the
back of the curb to the rear lot line. Each Owner will maintain its Lot in accordance with the community -
wide standard of Silverbrook Estates. The Association will, in the discretion of the Board, assume the
maintenance: responsibilities of such Owner if, in the opinion of the Board, the level and quality of
maintenance being provided by such Owner does not satisfy such standard. Before assuming the
maintenance responsibilities, the Board will notify the Owner in writing of its intention to do so, and if
the Owner has not commenced and diligently pursued remedial action within thirty (30) days after the
mailing of such written notice, then the Association may proceed. The expenses of the maintenance by the
Association will be reimbursed to the Association by the Owner within thirty (30) days after the
Association notifies the Owner of the amount due, and any sure not reimbursed within that thirty (30) day
period will bear interest from the date of the expenditure until payment in tall. Such charges will be a lien
against the Lot.
Section 12.2 Owner's Negligence: If the need for maintenance, repair or replacement of any
portion of the Common Ards (including Improvements located on [hem) arises because of the negligent
or willful act or omission of an Owner or his family member, guest, invitee or tenant, then the expenses
incurred by the Association for the maintenance, repair or replacement will be a personal obligation of
that Owner. If the Owner fails to repay the expenses incurred by the Association within 34 days after the
notice to the Owner of the amount owed, then those expenses will bear interest fram the date incurred by
the Association until payment by the responsible Owner in full, and all such expenses and interest will
become a lien against the Owner's Lot.
ARTICLE KIH
EMERGENCY SERVICES
Section 13.1 Fire and Ambulance. Silverbrook Estates will he under the jurisdiction of the
Kalispell Fire Department_ Ambulance service will be provided by the Kalispell Fire Department.
ARTICLE XIV
OPEN SPACES
Section 14.1 Purpose and Public Access; The Open Space within the development shall be
accessihle for public use.
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Section 14.2 Ma►►dalaly Reguirernetels. The Open Space as designated oil the final plat shall
be preserved in perpetuity. The Board, among its other duties, shall establish and levy assessments to pay
for the taxes, insurance, maintenance and other expenses associated with the Open Space and Common
Areas under the control and authority of the Association.
The Association shall be responsible for liability insurance, local taxes and maintenance of recreation and
other facilities in designated Open Spaces and Common Areas. The Board may, in its discretion, adjust
the assessments to meet the changing needs of the Silverbrook Estates community and the areas serving
the community.
Section 14.3 Permissible uses. No unauthorized motorized travel or horseback travel will be
allowed within any of the Open Spaces or Common Areas, Signage in the Open Spaces and Common
Areas is also hereby prohibited.
Section 14A Nuisances. No Owner, guest or invilee. may use or occupy the Open Space, trails,
roads, Common Areas or any Lot in such a manner as to disturb or interfere with the peaceful use,
occupancy or enjoyment of any other Owner or guest of SiNcubrook Estates. Violations shall be enforced
as provided for in Article XVI of those Covenants.
Section 14.5 Control and Management: The Association shall have the exclusive right and
obligation to manage, control, improve and maintain the Open Space and Common Areas within
Si lverbrook Estates.
ARTICLE- XV
UTILITIES INSTALLATION AND MAINTENANCE
Section 15.1 tlfliitles Kasen►ei►ts: Easements for utilities such as electricity, gas, sewer, water,
icicvision, telephone and cable communications and other utility equipment shall be as designated on the
Silverhrook 'Estates Subdivision Plat. All utility installations shall he underground, All Owners shall
have the right to enter upon and excavate in such easements upon securing the approval of the DRC.
Basements for ingress and egress and for utilities shall not be moved, deleted or restricted without the
written approval of all affected Lot Owners and the Association. Utility companies and Owners mast
promptly restore disturbed areas to a condition as close as possible to the namral condition of the land
before work commenced.
Section 15.2 Uiilitles Installation and Mairrte►eance: Declarant or its designated
representative shall install and P.O.A. shall maintain utility services to the Lots or to points in close
proximity to the Lots. Owners shall bear all responsibility and costs for extending utilities horn such
points.
All utilities shall be installed and maintained underground. Piping and wiring shall be concealed. Each
owner shall be responsible for utility installation and maintenance in accordance with applicable state and
local regulations and the requirements of the DRC.
Section 15.3 Water and SEuer: All improvements or structures designed for occupancy or use
by humans shall be connected to domestic water and sewer service provided by the City of Kalispell. All
Lot Owners shall hook up to the city water and sewer systems when a structure is constructed an a Lot.
ARTICLE XVI
ENFORCE, MENT, TERM AND AMI2NDlVIENT
Section 16.1 Idtght to Enforce.- The Owner of each Lot shall be primarily liable, and the
occupant, if any, secondarily liable for the violation or breach of any covenant, condition or restriction
contained in this Declaration or in the Design Guidelines. Violation or breach of any suoh covenant,
condition, restriction or requirement shall give to Declarant, or the Association, following thirty (30) days
written notice to the Owner or occupant in question the right, privilege and license to enter upon the Lot
where said violation or breach exists and to abate or remove, at the expense of the Owner or occupant,
any improvement, structure, thing or condition present on soch Lot which is in violation of or contrary to
the intent attd meaning of these Covenants. T"he Declarant and the Association may also bring an action
at law or in equity against the person or persons who have violated or are attempting to violate any of
these Covenants, to enjoin or prevent a violation or to require that a violation which has already occurred
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be remediated. No such entry by Declarant, the Association or their agents shall be deemed a trespass,
and neither Declarant nor the Association or their agents shall be subject to liability to the Owner or
occupant of said Lot for such entry or any action taken to remediate a violation. The cost of any
abatement, removal or other remediation shall be a binding personal obligation on any Owner or occupant
in violation of any provision of this Declaration, as well as a lien (enforceable in the same manner as a
lien for delinquent assessments) upon the Lot in question. The lien provided for in this section shall not
be valid as against a bona fide purchaser or mortgagee for value of the Lot in question unless a suit to
enforce said lien shall have been filed in a court of retard in Flathead County, Montana, prior to the
recordation of the deed or mortgage conveying or encumbering the Lot to such purchaser or mortgagee.
Section 16.2 Right of Entry: During reasonable hours and upon reasonable advance notice (not
less than twenty-four (24) hours), and subject to reasonable security requirements, Declarant, the
Association or their agents, shall have the right to enter upon and inspect any Lot and the improvements
thereon for the purpose of ascertaining whether or not the provisions of this Declaration have been or are
being complied with, and neither 1)eel arant nor the Association or their agents shall be deemed to have
committed a trespass or wrongful act by reason of such entry or inspeotiarn,
Section 16.3 Enforcement. Enforcement of these Covenants may be by proceedings either at
law or in equity against any person or persons violating, or attempting to violate, any provision of this
Declaration. The legal proceedings may be to restrain the violation, to remediate a violation which has
already occurred, to recover damages, or any combination thereof. Should any laws-ait or other legal
proceeding be instituted by the Association or an Owner against an Owner alleged to have violated one or
more of the provisions of these Covenants, and should the Association or Owner enforcing the provisions
of the Covenants be wholly or partially successful in such proceedings, the offending Owner shall be
obligated to pay the costs of such proceeding, including reasonable attorney's fees for all time associated
with the action.
5ecdon 16.4 Failure to Enforce Not a Waiver: The failure of the Declarant, the Association or
an Owner, to enforce any covenant or restriction contained herein shall not be deemed a waiver nor shall
it in any way prejudice the right to later enforce that covenant or any other covenant thereafter, or to
collect damages for any subsequent violation.
The waiver, or granting of a variance of a covenant by the Board or non -action of the Association or
Declarant in the event of a violation of a covenant by an Owner, shall not be deemed to waive or nullify
the covenant or impair enforcement thereof as it pertains to other Owners or Lots.
Section 16.3 Covenants Run With Title: In any conveyance of a Lot or other portion of the
Property, it shall be sufficient to insert a provision in any deed or instrument of conveyance to the effect
that the property is subject to protective or restrictive covenants without setting forth such restrictions and
covenants verbatim or in substance in said deed and without referring to the recording data. All of the
Lots and other portions of the Property shall be subject to the restrictions of this Declaration whether or
not there is a specific reference to it in a deed or instrument of conveyance.
Section 16.6 Protection of Mforigagees: A breach of any restrictions or covenants contained in
this Declaration shall not defeat or render invalid the lion of any mortgage or deed of trust made in good
faith and for value upon any Lot or portion of the Property or any improvements thereon. However, this
Declaration shall be binding upon and shall inure to the benefit of any subsequent owner whose title
tlrerero was acquired by foreclosure, trustee sale or otherwise.
Seellou 16.7 Terns of Declaration: This Declaration and any amendments to it will remain in
effect until the 50th anniversary of the date this Declaration is first recorded in the office of the Clerk and
Recorder of Flathead County, Montana Thereafter this Declaration will be autocratically extended for
five successive periods of ten (10) years each, unless otherwise terminated or modified as provided below.
Section 16.8 Amendment. Subject to the limitations of Section 16.9, this Declaration, or any
provision of it, may be terminated, extended, amended or revoked as to the whole or any portion of the
Property as follows:
16.8.1 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 ternunate, extend, amend or revoke this
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Declaration as to the whole or any portion of the Property by recording in the records of Flathead
County, Montana, a document sigried by the Declarant stating the action taken.
16.8.2 After Sale of Lots But During Period of Declarant Control: After the sale of a
Lot (excluding any sale to a person nr 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 ill
Owners, the action proposed to be taken by the Declarant shall be considered approved and shall
become final. The Declarant shall then record in the records of FIathead 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 (751/6) of the Owners objected
to the action.
16.8.3 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 upon the written consent of Gwrlers holding seventy-five
percent (75%) or more of the votes in the Association. The amendment will be immediately
effective upon recording in the records of Flathead County, Montana, the document setting forth
the amendment executed and acknowledged by the necessary number of Owners, or alternatively,
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 16.9 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.
ARTICLE XVII
ZONING REGULATIONS AND CODES
Sectivn 17.1 General Information: 5ilverbrook Estates is located within the jurisdictional area
of the City of Kalispell. All improvements in Silverbrook Estates shall comply with the ordinances of the
City of Kalispell as wellas this Declaration and the Design Guidelines for the development. In addition
to the Design Guidelines, building design and construction will be regulated by city, county, state and
federal regulatory agencies having jurisdiction. The Owners and their agents shall be responsible to
ensure they are in compliance with all such regulations. Approval of a project by the DRC does not
ricucssarily mean that the project is in compliance with such codes and regulations. Owncrs must ensure
independently that their project is in compliance with all applicable local, state and federal codes and
regulations. Any impact fees or other charges or assessments imposed on an Owner's project or in
connection with the improvement of an Owner's Lot by the City of Kalispell or other regulatory authority
are the responsibility of the Lot Owner.
Lot Owners and residents of the subdivision are hereby notified that there are agricultural activities on
adjoining and nearby properties. Lot Owrners recognize and accept that standard agricuItural and farming
practices can result in dust, smoke, animal odors, flies and machinery noise. Standard agricultural
practices include the use of heavy equipment, chemical sprays, periodic burning and the use of machinery
early in the morning and sometimes late into the evening.
No construction or alteration of any Improvements, including any site work, whether temporary or
permanent, including but not necessarily Iimited to buildings, fences, walls, earthwork, paving,
vegetation, signs or secondary structures such as utility or trash enclosures may he commenced on any
Lot prior to receiving the written approval of the DRC.
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Section17.2 Game►rtlDeveloptne►elParanicters.
17.2.1 Density. Not more than one single family residence may be built on each single
fancily residential Lot. The foregoing does not prevent one single family residence from being
constructed an two or more residential lots.
17.2.2 Allowable Uses — Residential. The residential Lots shall be used exclusively for
residential purposes, and no more than one family (including its servants and transient guests)
shall occupy such residence, providers however, that nothing in this subparagraph shall be deemed
to prevent:
a) The construction of detached garages which shall be in accordance with the
Covenants and Design Guidelines.
b) An artist, artisan or craftsperson fiom pursuing his or her artistic calling upon the
Lot or dwelling unit owned by such artisan, if such artist, artisan, or craftsperson
uses such Lot or dwelling unit for residential purposes, is self-employed and has no
employees working an such Lot or in such dwelling unit, and does not advertise
any product or worst or art for sale to the public upon such Lot or in such dwelling
unit.
c) The leasing of any Lot by the Owner thereof, subject, however, to all of the
restrictions as may be adopted from time to time by the Association,
Among the uses which are prohibited are safe houses, group day care facilities, and day care
centers. (See Kalispell Zoning Ordinance 27.37.010 for deEnitions.)
17.23 Allowable Uses — Commercial: The purpose of the commercial district is to
provide goods and services primarily to the residents of Silverbrook Estates and their guests. It is
also intended to be a buffer zone between the residential zone and the intersection of U.S.
Highway 93 and Church Drive.
The base zoning for the commercial district shall conform to Kalispell's 13-1 zoning. Prohibited
uses include but are not limited to light manufacturing, nutomobile service centers, adult
novelty/bookstores and pawn shops.
17.2.4 Buildhig Eupdopes. Each Lot in Silverbrook Estates shall have a building
envelope surveyed and located an site. The building envelopes are established by the setbacks
which are set forth in Section 17.2.5, below. All dwellings, exterior parking spaces, garapas,
sheds, carports, porches and decks shall be contained within the building envelope. The DRC may
approve the location of swimming pools outside the building envelope, so long as adequate and
acceptable screening and fencing approved by the: DRC is provided.
17.2.5 Setbacks and fftti'lding Eupelopes. The following setback distances must be
ohsetved throughout Silverbrook Estates (setbacks shall be measured from the property line to the
furtbest projecting part of the structure):
a) RA Residential Lots must comply with applicable Kalispell Zoning Ordinance:
b) Single Family Residential Lots:
■ 10' side yard
K 25' front yard
■ 20' rear yard
■ 25' side corner yard
■ 30' rear yard where adjacent to Open Spaces along the Stillwater River and
its tiibutarics
c) Commercial Lots:
■ 5' front yard
■ 10' side yard
■ 5' rear yard
d) Tennis courts, swintnring pools and other areas of active use and noise shall be
buffered from adjacent properties.
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e) Additional setbacks from tree masses, native vegetation transition zones,
topography, drainage, view corridors, roads, paths and utility easements may be
required by the I]RC.
fj A minimum setback of 100 feet is required for all buildings adjacent to declared
wetlands and 50 feet to other declared waterways.
g) Any building envelope overlapping with front, rear or side yard setbacks shall be
restricted by the required setbacks.
17.2.6 Maximum Lot Coverage The maximum allowable coverage of any Lot subject to
the R-2 residential zone under the City of Kalispell zoning ordinance by any built surface
(driveway, garage, primary residence, auxiliary structure, decking, etc.) shall be no greater than
thirty --five percent (35%) of the Lai.
17.2.7 Mayinuuu B"Ilding Footprrats and Minimutn Floor Areas.
The minimum ground level floor area of any single family residence located east of Silverbrook
Drive shall not be less than 1200 square feet of living space. The rninirnum ground level floor
arca of any single family residence located west of Silverbrook Drive shall not be less than 1600
square feet of living space. These square footages are exclusive of exterior parking spaces and
decks. Each principal residential structure shall have at a minimum, an attached or detached two -
ear garage.
R-4 Residential residences shall comply with a I I applicable Kalispell Zoning ❑rdinances.
Commercial properties have no maximum footprint or lot coverage requirements except as limited
by the confines of the applicable setbacks.
All building size requirements are subject to the maximum lot coverage restrictions set forth in
Section 17.2.6. above and the applicable City of Kalispell zoning ordinance, which take
precedence over building size requirements and allowances_
17.2.8 BuEdixg Height. Maximum allowable building height is set at thirty-five (35) feet
from the lowest adjacent grade love] to the highest point on the roof or parapet wall for
commercial structures and thirty-five (35) feet from the lowest adjacent grade level to the highest
point of the roof or parapet wall for residential structures.
17.2.9 Applicable Coder. The Following codes, standards and regulations are applicable
to Silverbrook Estates and compliance with them is required:
a) Silverbrook Estates Desigu Guidelines
b) Declaration of Covenants, Conditions, Restrictions and Reservations, as same may
be amended
c) City of Kalispell Zoning Ordinance
d) Uniform Building Code (UBC)
e) National Electric Code
fJ Uniform Mechanical Code
g) Uniform Fire Code
h) National Fire Protection Association Code
i) State Fire Cade Standards
j) Montana Energy Code
k) All other applicable local, state, and federal regulations
ARTICLE XVIR
EXPANSION AND WITHDRAWAL
Section 1&1 Reservation of Right to Expand: Declarant reserves the right, but will not be
obligated, to expand the effect of this Declaration to include all or part of the Expansion Property. The
consent of the existing Lot Owners and Mortgagees will not be required for any such expansion, and
]Declarant may proceed with such expansion without iius tation at its sole option. Deularant will have the
unilateral right to transfer to any other person this right to expand by an instrument duly recorded.
Row rlruendntent to and Courplere Restare+nenr afDedaratlon of Cavenaxtx — StIverbroak &tares / page - 19 -
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Declarant will pay all taxes and other govemmental assessments relating to the Expansion Property as
long as Dcclarant is the owner of such property,
Section 18.2 Completion of Expansion: When Declarant has determined that no further
property shall be added to the Project, Declarant shall notify the Association in writing. Until such notice
is given, Declarant retains the right to designate additional property as Expansion Property.
Section 18.3 Declaration of Annexation: Any expansion of the Project may be accomplished
by recording a notice of such annexation and one or mare supplemental plats in the records of the Clerk
and Recorder of Flathead County, Montana. The declaration or notice of annexation will describe the real
property to be armcxcd, and subject it to these Covenants with a I I exceptions and additional restrictions or
reservations noted. Specifically, each new Lot in the annexed area will be allocated one vote and liability
for common expenses and assessments equal to the liability allocated to each of the existing Lots and the
proportionate voting interest and allocation of common expenses for the existing Lots will be adjusted
accordingly. Such annexation will not require the consent of Owners, the Association or the -Board of
Directors. Any such expansion will be effective upon the fling for record of such declaration or notice of
annexation, unless otherwise provided therein. The expansion may be accomplished in stages by
successive annexations or in a single expansion.
Upon the recordation of any such notice of annexation, the definitions used in this Declaration will
be expanded automatically to encompass and refer to Silverbrook Estates as expanded. Such notice of
annexation may add supplemental covenants specific to the Expansion Property in question, or delete or
modify provisions of this Declaration as it applies to the Expansion Property. However, this Declaration
may not be modified with respect to that portion of the Property already subject to this Declaration, except
as provided herein for amendment,
Section 18.4 Withdrenval of Property: Declarant reserves the right to withdraw from rite
jurisdiction and effect of this Declaration any parcel of the Property (including the Expansion Property),
provided, however, that no parcel may be withdrawn after it has been conveyed to a purchaser.
ARTICLE XXX
SPECIAL DECLARANT RIGHTS
AND ADDITIONA-L RESERVED RIGHTS AND EASENIEPITS
Section 19.1 Rights Reserved to Declarant: Until the expiration of the Period of Declarant
Control, Declarant will have d3c fallowing rights:
19.1.1 Completion of Improvements: The right to complete Iimprovements as indicated
on any plat filed with respect to the Property, including any Expansion Property.
19.11 Development Rights: The right to exercise all development rights in connection
with the development of the Silverbrook Estates Project (referred to here as "Development Rights",
including without limitation the right or combination of rights hereby reserved by Declarant, as follows:
(a) The right to annex all or part of the Expansion Property to the Project, in
accordance with Article XVifl.
(b) The right to create Lots and Common Area on the Property, including the
Expansion Property.
(e) The right to subdivide Lots and convert Lots into Common Area on any part of the
Property, including the Expansion Property.
(d) The right to withdraw real estate, whether contained within the Property initially
subject to this Declaration or within the Expansion Property, from Silverbrook
Estates, as provided in Article XVM-
19.1.3 Sales Activities: The right to maintain sales and management offices, signs
advertising the Project and model residences on the Common Area and an Lots owned by Declarant,
whether contained within the Property initially subject to this Declaration, or within the Expansion
Property.
Firsr,4rneadnrew to and Complete Restutenraar of Declaration of Covenants — Silverbrook Estates I Page - 20 -
Ilfllll[IIIlIIII Illl! II[l Illll IIIII Ilfll IN 111111111111111111111111111111111111111111111111 P-M- ZA F 24
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19.1.4 Easelltents: The right to use casements through the Common Areas on the
Property, including the Expansion Property. for the purpose of making improvements on the Property and
the Expansion Property.
19.1.5 Master Association.- The right to establish and make the Project subject to a
master association and to establish such other associations of property owners as Declarant determines is
appropriate.
19.1.6 Association Directors and Members of the DRC: The tight to appoint any officer
or director of the Association, and any member of the DRC.
Section 119.2 Reservation for Expansion and Construction: Declarant hereby reserves for itself
and its successors and assigns and for Owners in all future phases of Silverbrook Estates a perpetual
easement and right-of-way for access over, upon, and across the Property, including the Expansion
Property, for construction, utilities, drainage, ingress and egress, and for use of the Common Areas,
including Common Areas located within the Expansion Property. The location of these casements and
rights -of -way may be wade certain by Declarant or the Association by instruments recorded in Flathead
County, Montana,
Declarant further reserves the right to establish from time to time, by dedication or otherwise, utility,
ingress and egress, and other easements over and across the Common Areas, and to create other
reservations, exceptions, and exclusions convenient or necessary for the use and operations of any other
property of Declarant.
Section 19.3 Reservation of Easemetrts for Utilities, infrastructure and Access.- Declarant
reserves for itself and its successors and assigns and hereby grants to the Association, the concurrent right
to establish from time to time, by declaration or otherwise, utility and other easements, permits, or
licenses over the Common Areas, for purposes including but not limited to streets, paths, walkways,
drainage, recreation areas and parking areas, and to create other reservations, exceptions, and exclusions
in the interest of the Owners and the Association, in order to serve the Owners within Silverbrook Estates.
Declarant also reserves for itself and its successors and assigns and grants to the Association the
concurrent right to establish from time to time by an instrument recorded in Flathead County, Montana,
such casements, permits or licenses over the Compton Areas for access by certain persons (other than
Owners and Owners' families and guests) who may be permitted to use designated portions of the
Conunou Areas as contemplated under this Declaration.
Section 19A Maurtena► ee Easement: An easement is hereby reserved to Declarant for itself
and its successors and assigns and granted to the Association, and any member of the Board of Directors
or Manager, and their respective officers, agents, employees and assigns, upon, across, over, in and under
the Property and a right to make such use of the Property as may he necessary or appropriate to make
emergency repairs or to perform the duties and functions which the Association is obligated or permitted
to perform pursuant to this Declaration, including the right to enter upon any Lot for the purpose of
performing maintenance to the landscaping or the exterior of Improvements to suet Lot.
Section 19.5 Drainage Easement; An easement is hereby reserved to Declarant for itself and its
successors and assigns and granted to the Association, to enter upon any portion of the Property for the
purpose of changing, correcting, or otherwise modifying the grade or drainage channels of the Property so
as to improve the drainage of water. Reasonable efforts will be made to use this cascmnnt so as not to
disturb the uses of the Owners, the Association and Declarant, as applicable, to the extent possible; to
prosecute such drainage work promptly and expeditiously; and to restore any areas affected by such work
to a sightly and usable condition as soon as reasonably possible following such work. Declarant, or its
officers, agents, employees, successors and assigns must inform and obtain the approval of the Board of
Directors prior to undertaking such drainage wont, which approval will not be unreasonably withheld.
Section 19.6 Snow Storage Easement. An easement is hereby reserved to Declarant for itself
and its successors and assigns and granted to the Association, its officers, agents, employees, successors
and assigns upon any and all portions of the Property for the storage of snow is the course of dwring
snow accumulations from the Silverbrook Estates roads, trails, parking areas, Common Areas and other
areas within Silverbrook Estates. Reasonable efforts will be made to use this easement in a way that will
minimize the interfeaence with the Owners' use nod enjoyment of their Lots.
Fist Aviendment !o and Conrplere Restatenrew of Daclar ation of Covenams — Silverbrook &hues I Page - 21 -
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Section 19.7 Declarant Rights I►rciderri to Corrslr+ret+iolt: Dcclarant, for itself and its successors
and assigns, hereby retains a right and easement of ingress and egress over the Common Areas and the
right to store materials thereon and to make such other use thereof as may he reasonably necessary or
incident to the construction of the Improvements an the Property or other real property owned by
Declarant; provided, however, that no such rights will he exercised by Declarant in such a way as to
unreasonably interfere with the occupancy, use, cnjaytneart flr access to are Owner's Lot by that Owner.
Section 19.8 Easements Deemed Created. All conveyances of Lots licrca8er made, whether
by Declarant or otherwise, will be construed to grant and reserve the easements contained in this Article,
even though no specific reference to such easements or to this Article appears in the instrument for such
conveyance.
ARTICLE XX
MISCELLANEOUS PROVISIONS
Section 20.1 ,Lindrariran of liability. Neither the Declarant nor the Association, or their
successors or assigns, shall be liable to any Owner or occupant of the Property by reason ornery mistake
in judgment, negligence, nonfcasnnce, action or inaction, or for the enforccutent or failure to enforce any
provision of this Declaration. Every Owner or occupant by acquiring its interest in the Property agrees
Shot it will not bring any action or snit against the Declarant or tite Association to recover any snch
damages or to seek rlptitahle reiie'rllecausu orsinnu.
Section 20.2 Severabiliry: 'This Doolataliou. to the extent possible, will be construed or
reformed so as to give validity to all of its provisions. Any provision of this Declaration found to be
prohibited by law or unenforceable will be ineffective to the extent of such Prohibition or unenforceability
without invalidating any other part hereof.
Section 203 Consrraeriola. In interpreting words in this Declaration, unless the context will
otherwise provide or require, the singular will include the plural, the plural will include the singular, and
the use of any gender will include all genders.
Section 20.4 lleadings: The headings are included only for pwposes of convenient roformce,
and they will not affect the meaning or interpretation of thi& Declaration.
Section 20.5 Watper. No failure on the part of the Association or the Hoard to give notice of
default or to exercise or to delay in exercising, any right or remedy will openers; as a waiver, except as
slaeciftcal Iy provided above in the event the Board fails to respond to certain requests. No waiver will be
effective unless it is in writing and signed by the President or Vice President of the Board on behalf of the
Association..
Section: 20.6 Conylicrs Between IDocrruserrls: in case of conflict between this Declaration and
the Design Guidelines, this Declamation will control.
Section 20.7 Assigntneur: Declarant may assign all or airy part of the Special D"larant Rights
or nny of Declarant's other rights and reservations hereunder to any successor who takes title to all or
part of the Property in a bulk purchase for the purpose of development and sale. Such successor will be
identified, the particular rights being assigned will be specified, and, to the extent required, concomitant
obligations will be expressly assumed by such successor, all in a written instrument duly recorded in the
records of the Clerk and Recorder of F1atheod County, Montana.
! i 111 SIGNATURES NEXT PAGE I11 I 1
i il��rfi! iu i�i ufl� ui! iffy li��l i!i! uui If it IlII! ICI! I�il� f IIII IIlli I!i Hi!�°°°°°} _.°
Pavia kobinaon, 1luSIR„q WunLy NI by tfmu 0I/2St2010 1I:55 hK
IN WITNESS WSEREOF, the Declarant has executed this Declaration this day of
J--al 2010, to be effective 'ILO t Z�&F0 fo
93 and Church, LLC
a Montana Limited Liability Company
By-,
Howard T. Mann
Its Managing Member
STATE OF MONTANA )
:ss
County of Flathead f
On this,,�6 day of ---1 dt M « tLO'l 2010, before me, the undersigned, a Notary Public for
the State of Montana, personally appeared flOWARID T. MANN, known to me to be the Managing
Member of 93 and Church., LLC, a Montana limited liability company, the Declarant herein, and
aeknowlcdgcd to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto net my band and affixed arty Notarial Seal the day and
year in this certificate last above written.
_ [SignaturcafNe ++
r I�u��a _ 1..n�� T�
[Typed, stamped or printed Nome ofNotury]
Notary Public fo the State of Montana
Residing at Za ! r•s tx If
[City of Reaidencc]
My conunissiun expires: — 20 [7
}1Nondt Day Ycnrl
First Antendntene to and Coniplere Restclenwnt of Dectararion of Cowaaals - Sil erhraah Esrares I Page - 33 -
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EX MIT "A"
TO DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS AND RESERVATIONS
FOR SILVERBROOK ESTATES
(Legal Description of 5ilverbrouk Estates Property)
Tract 3 of Certificate of Survey No. I5896 in the NorL Half of the Northeast Quarter and in ihn Northeast Quarter
of the Northeast Quarter of the Northwest Quarter of Section 13 of Township 29 North, Range 22 West, P.M.M.,
Flathead County, Montana
AND
Tract 4 of Ccrtifcate. of Survey No. I5896 in the Southwest Quarter of the Northeast Quarter and in the South Half
ol'the Northwest Quarter of Seetion 13 of Township 29 North. Lange 22 West, P.M.M., Flathead County, Montana
AND
Tract 5 of Certificate of Survey No. 15896 in the Southeast Quarter of the Northeast Quarter and in the North Half
of the Southeast Quarter and in the Northeast Qurrter of the Southwest Quarter of Scetion 13 of Township 29
North, Range 22 West, P.M.M_, Flathead County, Montana.
Fr+s! �tu+end+r+enl to end Cnn+pfete Res7ulempnf afDrxla+r+lian a/Coue+lAnlr—Silucr6raak E'slnli:r I Page - ?� -
IIIIIIII III IIIII IIIII IIIII [ICI IIIII IIIII IIIII IIIII lull IIIII IIIII IIIII IIIIIIII Pageiauo�nss89
Fees. $21.00
Paula Robinson, Flathead County MT by sMrrys 01/2'1/2011 02;22 PM
Upon recording, please return to:
Colleen P. Donohoe
Johnson, Berg, McEvoy & Bostock, PLLP
PO Box 3038
KaliRpell, Montana 59903-3038
tT
00
r_1
SECOND AMENDMENT TO
rn oo O DECL-ARATION OF COVENANTS, CONDITIONS,
n n w
1;J_o RESTRICTIONS AND RESERVATIONS FOR SILVERBROOK ESTATES
oU)
Ln O O A Residential and Commercial Development in Kalispell, Montana
O I O�
I rl r-I
m o rl
to 00 0
Id, o LU o THIS SECOND AMENDMENT TO THE DECLARATION of Covenants, Conditions,
oO O Restrictions and Reservations for Silverbrook Estates is executed this I d day of i-
2011 by 93 and Church, LLC, a Montana limited liability company, hereinafter referred to hcrq'Z as the
1-I "Declarant."
Ln
t'V
>\ Ln WITEREAS, Declarant caused to be filed the Declaration of Covenants, Conditions, Restrictions
0 o and Reservations for Silverbrook Estates with the Flathead County Clerk and Recorder as Document No.
O O 200800008099; and
N WHEREAS, Declarant caused to be filed the First Amendment to and Complete Restatement of
Or r- the Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbreolc Estates with the
Ln p Flathead County Clerk and Recorder as Document No. 201000002264, hereinafter sometimes "First
OLn Amendment," or "Declaration;" and
O �
WHEREAS, pursuant to the Declaration, Declarant specifically reserved unto itself the right to
o amend said Declaration during the period of Declarant Control; and
O rn
n rV
Ln H WHEREAS, Declarant is the owner of more than seventy-five percent (75%) of the lots
On Op comprising Silverbrook Estates; and
p W
WHEREAS, notice has been provided to Owners pursuant to Section 16.8.2 of the Declaration
in 00 and Declarant certifies that fewer than 75Y. of Owners objected to this action by virtue of Declarant's
Ln . ownership of greater than 75% of the lots; and
Ln
Ln 0 WHEREAS, Declarant desires to amend said Declaration to change the time frame for installation
O Ln
0 of all landscaping (Section 7.3), and republish same as set forth hereinafter; and
I
NWHEREAS, Declarant desires to amend said Declaration to change the minimum single family
00 residence square footage (Section 17.2.7), and republish same as set forth hereinafter; and
lzr Ln
Ln OLn WHEREAS, Declarant continues to reserve the right to further amend said Declaration as
contemplated within the Declaration referenced hereinabove.
I
tin �d* NOW, THEREFORE, in consideration of the foregoing recitals and the amendment powers
�Lnreserved unto Declarant as set forth in the Declaration, Declarant hereby amends said Declaration as
0 ofollows:
En in
0 0
00
Ln
u in
0 0
z to
0
Secatd Antendtrtetrt to IJecfaratian afCovenants—Silverbrookl slates / Page - 1-
IIIIIIII III IIII IIIII IIIII IIIII IIIII I1�II IIIII IIIIIIIIIIIIIII IIIII IIIII IIII IIII pa93e1 2 f I
Fees: E21.00
Paula Robinson, Flathead County RT by she y, 01/21/2011 02:22 PR
Section 7.3 of Article VII (Design Guidelines) is hereby deleted in its entirety and
republished as follows:
Section 7.3 Devign Review Committee: The Silverbrook Estates
Design Review Committee (DRC) is hereby established and shall carry
out all duties bestowed upon it by the Association, these Covenants, the
Design Guidelines and any amendments to such documents.
The procedures for seeking DRC review and approval of any proposed
Improvement are set forth in the Design Guidelines.
No Improvement of any kind shall be commenced without the written
approval of the DRC. Each structure must be constructed in compliance
with the Design Guidelines, including but not limited to, location, size,
height, color, materials, design and all other requirements of the Design
Guidelines.
All fiont, rear and side landscaping must be installed within the first
growing season following occupancy of any residential or commercial
development.
Section 17 2 7 of Article XV11 (Zonint; Regulations and _Codes) is hereby deleted in its
entirety and republished as follows:
17.2.7 Maximum Building Footprints and Minimtan FloorAreas:
The minimum ground level floor area of any single family residence
located east of Silverbrook Drive shall not be less than 1200 square feet of
living space. The minimum ground level floor area of any single family
residence located west of Silverbrook Drive shall not be less than 2000
square feet of living space. These square footages are exclusive of exterior
parking spaces and decks. Each principal residential structure shall have
at a minimum, an attached or detached two -car garage.
R-4 Residential residences shall comply with all applicable I{alispell
Zoning Ordinances.
Commercial properties have no maximum footprint or lot coverage
requirements except as limited by the confines of the applicable setbacks.
All building size requirements are subject to the maximum lot coverage
restrictions set forth in Section 17.2.6, above and the applicable City of
Kalispell zoning ordinance, which take precedence over building size
requirements and allowances.
All terms and conditions set forth in the First Amendment to and Complete Restatement of
Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook shall remain in full
force and effect, subject, however, to the power of amend reserved unto Declarant, which power is
contained in said Declaration and reaffirmed hereby.
Second Arneiidmeu to Decfaratiotz of C:avetants - Siiverbrook Estates / Page - 2 -
i IIIIIIII III IIIII Hill IIIII IIIII IIIII IIIII Hill IIIII IIIII fill IIIII Hill IIII IIII P 11I 3 89
Fees: $21.00
Paula Robinson, Flathead county Mr by sherrys 01/21/2011 02:22 PM
U4 WITNESS WHEREOF, the Declarant has executed this Second Amendment to Declaration
of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates this day of
u r , 2011.
93 and Church, LLC
a Montana Limited Liability Company
By. "- z
Howard T, Mann, Managing Member
STATE OF MONTANA )
:ss
County of Flathead
This instrument was aclmowledged
before me on the `S day of -] a w�uct v t, 2011 by
HOWARD T. MANN, known to me to be the Managing Member of 93 and Churbh, LLC, a Montana
limited liability company, the Declarant herein, and acknowledged to me that he executed the same,
a ac r
S!!C
Notary Public for the Stye of Montana
fey ryOREMA
tor�ttle
wff stQ cimontow
MT
Residing at Kalispell
Commission Ex ires
ttesldtng at VaLquc
My
�'P Y'e.(nt.{ Ar
afla
Printed Name of Notary Public
Second Athendinent to Declaration of COvenaws — Sflverbrook Estates / Page - 3 -
Montana Department Q.Ass..'RM
of Environmental Quality
September 22, 2017
Mike Brodie, PE
WGM Group
431 1st Ave West
Kalispell, MT 59901
ECEI\fE
FSEP 2 5 2017
BY:_
Re: City of Kalispell (PWSID#MT0000259)
Silverbrook Estates Phase 2A, Block 25
Water Main Extension - Approval
EQ# 18-1070
Dear Mr. Brodie:
The plans and specifications, engineering report and deviation request for the Silverbrook
Estates Phase 2A Block 25 water main extension within Great Northern Trail, submitted under
the seal of Michael J. Brodie, PE#28348, were received on July 20 through September 15, 2017,
The City of Kalispell approval was provided on September 12, 2017. The submittal was
reviewed in accordance with Department Circular DEQ-1, 2014 Edition.
The Silverbrook Estates Phase 2A Block 25 water main extension plans and
specifications, received July 20 2017 with replacement sheets #8 #9 and #14 received
September 15 2017 are hereby approved. One copy of the plans and specifications bearing
the approval stamp of the Department of Environmental Quality Public Water Section is
enclosed. A second set will be retained as Department Record.
Please note that this water main extension is intended to provide looping to improve water
system flows and to complete the main prior to paving of this street. The design intent of the
system is to provide a minimum 1500 gpm fire flow. No service connections will be served by
this water extension. Therefore, neither subdivision review nor MFE process are necessary at
this time.
The water main improvements consist of: approximately 50 feet of 14-inch diameter water main
(C900 PVC), approximately 430 feet of 8-inch diameter water main (C900 PVC), one fire hydrant
assembly, six gate/butterfly valves, two connections to existing main in the Diamond Peak
intersection, three end caps for future extension and three temporary blow -off valves.
As a part of the project a deviation was requested and granted from Circular DEQ-1 Section 8.3.3,
allowing a vertical separation between water and sanitary sewer mains to be reduced from 18
inches, provided that a minimum of 6 inches of clearance is provided and flowable fill is installed
surrounding the water main for the lateral extents shown in the plans.
Fire hydrant flow testing and fire modeling in the area estimates approximately 1800gpm at 20 psi
equivalent will be available at the proposed fire hydrant.
Steve Bullock, Governor I Tom Livers, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov
City of Kalispell (PWSID#MT0000259)
$ilverbrook Estates Phase 2A Block 25
Water Main Extension - Approval
EQ# 18-1070
September 22, 2017
Page 2 of 2
Approval is given with the understanding that any deviation from the approved plans and
specifications will be submitted to the Department for reappraisal and approval. The project may
not be placed into service until the project engineer or designer certifies by letter to the
Department that the activated portion of the project was constructed in substantial accordance
with the plans and specifications approved by the Department and there are no deviations from
the design standards other than those previously approved by the department. Within 90 days
after the completion of construction, a complete set of certified "as -built" drawings must be
signed and submitted to the department.
It is further understood that construction will be completed within three years of this date. If more
than three years elapse before completing construction, plans and specifications must be
resubmitted and approved before construction begins. This three-year expiration period does not
extend any compliance schedule requirements pursuant to a Department enforcement action
against a public water or sewage system.
Department approval of this project covers only those portions of the plans and specifications
that are subject to the Department's review authority under the Public Water Supply Laws (MCA
75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does
not cover items found within the plans and specifications that are outside of the Department's
review authority, including but not limited to: electrical work, architecture, site grading or water
and sewer service connections.
Thank you for your efforts regarding this submittal. If you have any further questions, please contact
me at (406) 755-8979 ore illes ie mt. ov
Sincerely,
f
Emily J. Gil ie, P.E.
Public Wat Supply and Subdivisions Bureau
CC: Keith Haskins, City of Kalispell Public Works
Wendee Jacobs, Flathead County Environmental Health
Plan Review File
Plat Room
Flathead County, Montana
800 S. main St.
Kalispell, MT 59901
(406) 758-55iC
This Forrn is for Subdivisions Only
BY -- WGM Group
FOR ' Silvermont Properties DATE . 08/1'1/2020
DESCP : Silverbrook Est PH 2A_g in PURPOSE: Sub
13-29-22
YEARS ASSESSOR
2011 tnru 2010 0012146
I hereby certify that there are no outstanding taxes on the property
assigned the assessor numbers listed above, for the years indicated for
each assessor number.
eputy Treasurer
r `I
CITY OF
KALISPELL
September 11, 2020
Mike Brodie, PE
Project Engineer
WGM Group
431 1st Ave West
Kalispell, MT 59901
Re: Preliminary Plat Conditions for Lot 287 of Silverbrook Phase 2
Dear Mr. Brodie:
The purpose of this letter is to address the Public Works related conditions of Preliminary Plat
for Phase 2 of Silverbrook Subdivision as they pertain to Lot 287. Several conditions have been
addressed in your letter dated August 25, 2020 which do not pertain to this lot. The following
conditions appear to be applicable to the Final Plat of this lot and are addressed below:
Condition 10: New infrastructure required to serve the subdivision shall be designed and
constructed in accordance with current City of Kalispell's Standards for Design and
Construction andMontana Public Works Standards. The design shall be certified in writing by a
professional engineer licensed in the State ofMontana. All design works shall be reviewed and
approved in writing by the Kalispell Public Works Department prior to construction. This
infrastructure shall include but not be limited to water main, sewer main, storm water facilities,
streets, street lighting, street signage, curb, gutter, boulevard and sidewalks.
Public infrastructure to serve this lot has been constructed with previous phases and is currently
in place. Stormwater infrastructure required to serve this lot will be privately owned and
maintained and will be provided at the time of development. A bond has been issued to cover the
water quality requirements (plantings) for the area wetpond installed with previous construction
downstream of this site. Additionally, the bond covers the required mailbox facility which will
be designed, reviewed, approved and constructed with development of this lot. This condition is
hereby considered approved.
Condition 11: Water and sewer main extensions shall be designed and constructed in
accordance with the City ofKalispell's Standards for Design and Construction andMontana
Public Works Standards. The water and sewer main extension plans shall be reviewed and
approved by the Kalispell Public Works Department. Prior to Final Plat, a certification stamped
by a Professional Engineer shall be submitted to the Public Works Department state that the
water and sewer mains have been built as designed and approved.
201 1' Avenue E IPhone (406)758-7720
Po sox 1997 Public Works Department Fax (406)758-7831
Kalispell, MT 59903 1 1 www.kalispell.com
The water and sewer infrastructure required to serve Lot 287 was installed by previous phases
and is currently in place. Therefore, this condition is hereby considered satisfied.
Condition 13: Prior to submitting a final plat application for each phase, the developer shall
provide the Public Works Department with an analysis of possible deficiencies created in the
existing conveyance system from the respective phase to the treatment plant, by the addition of
the phase. The analysis and possible mitigation plan, once reviewed and approved by the Public
Works Department, shall be completed prior to final plat approval.
A recent analysis was completed and provided to Public Works which indicates the original
design of the downstream infrastructure is adequate to serve this phase. The analysis was based
off original design reports and pump data. Additionally, the Public Works Department provided
available flow data recorded for the Lift Station for WGM to review. Based on the review
completed by WGM and the summary provided to Public Works, this condition is hereby
considered satisfied.
Condition 16: A letter from the Kalispell Public Works Department shall be submitted stating
that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been
accepted for unfinished work.
An Engineer's Estimate was prepared for review by Public Works for unfinished work requiring
bonding. Part of the bond covers a mailbox facility which has not yet been designed or submitted
to Public Works for review and approval. The bond is considered satisfactory with the condition
that the design remains unapproved. Additionally, the bond covers seeding of the downstream
wetpond. Because a reasonable bond has been provided to cover the unfinished work, this
condition is hereby considered satisfied.
Condition 37: Prior to filing the final plat, a letter from the US Postal Service shall be included
stating the Service has reviewed and approved of the design and location of the mail delivery
site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the
mail delivery site and improvements shall also be included in the preliminary and final
engineering plans to be reviewed by the Public Works Department. The mail delivery site shall
not impact a sidewalk or proposed boulevard area. The mail delivery site shall provide ADA
accessibility from the public pedestrian facilities.
No design has been completed or submitted for review and approval by Public Works. However,
the mail facility has been bonded for. This condition is hereby considered satisfied with the
condition that plans shall be submitted for review and approval prior to installation of the mail
facility.
Sincerely,
4;11-
Keith HOins—City Engineer
Page 2 of 2
November 19, 2018
Stephanie Reynolds, PE
Project Engineer
WGM Group, Inc.
431 1st Ave West
Kalispell, MT 59901
RE: Regional Stormwater Management Plan Silverbrook Estates Phase 2 East — Engineering
Approval
Dear Ms. Reynolds,
The construction drawings and report received November 15th, 2018 for the above project are
hereby approved. Two reviews were completed during this process at a cost of $180 each. Please
send a check to the Building Department for $360.
Approval does not relieve you, nor the contractor from designing or constructing this project in
accordance with the City Standards currently in effect. If more than 18 months lapse before
completing construction, plans and specifications must be resubmitted and approved before
construction continues. Any modifications made to these approved plans shall be submitted for
review prior to construction.
This approval is for the Public Works Department only and not does necessitate full City
approval. If additional approvals from other City Departments are required, they should continue
to be pursued.
2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831
www.kalispell.com
Please contact Mark Crowley at (406)249-2485 to set up a pre -construction meeting prior to
beginning construction. Right -of -Way and Stormwater permits must be obtained by the
prime contractor for this project. At project completion, please provide the City with record
drawings per section 1.6 of the City of Kalispell's Design and Construction Standards.
We look forward to working with you on this project.
Sincerely,
fjwlk.�
Patrick Jentz, PE
Cc: Keith Haskins, PE — City Engineer
Mark Crowley, — Construction Manager
2011' Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7720 — Fax (406)758-7831
www.kalispell.com
KALISPELL FIRE DEPARTMENT
Dave Dedman — Fire Chief PO Box 1997
Jon Campbell —Assistant Fire Chief , i , ,i 312 First Avenue East
Cee Lee —Executive Secretary KALI S PELL Kalispell, Montana 59901
Phone: (406) 758-7760
FAX: (406) 758-7777
Thursday, September 10, 2020
Mike Brodie, P.E.
WGM Group
431 1st Avenue West
Kalispell MT, 59901
Re: Final plat Silverbrook Phase 2A-B
Dear Mike,
In reviewing conditions found in Section 17 of the Silverbrook Phase 2A-B final plat I find that the
conditions outline in Section 17 are acceptable. Please find this letter of acceptance for the
conditions required in Section 17 for the final plat of the Silverbrook Phase 2A-B project. If you
have any additional needs please contact me.
Sincerely,
Dave Dedman, Fire Chief
City of Kalispell
"Protecting our community with the highest level of professionalism. "
AM WWGMGROUP
i::ornnn,n��y vaivas insorra7 Fut,,ree
September 7, 2018
Keith Haskins, PE
City Engineer
City of Kalispell
201 1st Ave East
Kalispell, MT 59901
Re: Silverbrook Block 25 - ASTM 2321 Soil Migration Certification
Dear Keith -
This letter is to certify that LHC has utilized backfill in the construction of their trenches
that meets the ASTM D 2321 - X1.8.1 standard per the requirements of the conditional
approval for the Silverbrook: Phase 2A-Block2S project received on September 12, 2017.
This ASTM standard outlines methods for the prevention of soil migration, which the
backfill/trench replacement material used in construction meet. Enclosed with this letter
are supporting calculations and soil proctor/gradation documents which have been
provided by Alpine Geotechnical/LHC. If you have any questions or concerns with the
information provided herein, please do not hesitate to contact me at (406) 756-4848 or
MBrodie@WGMGroup.com.
Thank you.
Sincerely,
WGM Group, Inc.
Mike Brodie, PE
Project Engineer
Author's Initials MJB
Encl,
1. Particle size migration calculations
2. ASTM D 2321 - X1.8,1 standard
3. Soil proctor/gradation for native material
4. Soil proctor/gradation for 3/" minus backfill
S. Soil proctor/gradation for 3" minus backfill
cc:
431 1" Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com
CITY OF
KALISPELL
September 11, 2020
Kalispell Planning Department
Attn: PJ Sorenson
P.O. Box 1997
Kalispell, MT 59901
Phone: (406) 758-7932
Re: Silverbrook phase 2A-B Common Area
Dear PJ:
Kalispell Parks & Recreation
306 1st Ave E. P.O. Box 1997
Kalispell, Montana 59903-1997
(406) 758-7715 Fax (406) 758-7719
This letter is to serve as approval on the proposed landscaping plans for Silverbrook phase 2A-B
common area, per plans submitted by WGM Group on September 9 and September 11.
Boulevard trees along Church are not included in this review as the sidewalk and Church Drive
meet and provide no boulevard to plant in. Trees will be planted as part of the Great Indoors
project and within the common area to the north of the Great Indoors and south of the current
sidewalk. Tree plantings are required to meet the Street Tree Ordinance standards of 2 'A
caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting
standards. Rock in the boulevards and adjacent to the public way is not permitted. Any
landscape revisions or substitutions need to be authorized prior to installation. The common area
along the highway corridor outside of phase 2A-B, generally running south from phase 2A-B and
meeting phase 1 common area landscaping, will be completed with the next subsequent phase.
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 2-year warranty period and should they die
within this time frame, the developer will be responsible for replacement.
If you have any concerns or questions, please give me a call.
Sincerely,
Chad Fincher, Parks and Recreation Director
Kalispell Parks and Recreation
UNITED STATES
iU POSTAL SERVICE
Mike Brodie
Project Engineer
WGN Group
431 1" Ave W.
Kalispell, MT 59901
August 11, 2020
Mike -
I have reviewed the plat for the new property on Lot 287. This Central Box Unit (CBU) will service the
existing address of World Gym and any future projects in the Church Road Subdivision. The CBU will
be placed on the West Side of East Monture Ridge Street just off of Church Road at the agreed upon
location that we discussed on 8/11/2020.
This approval is give with the requirements that the City's ADA policy is adhered to.
Any future deliveries must have adequate space in the CBU that is established or new CBU's must be
put in place to handle any future deliveries in this subdivision.
Consider this letter as approval of the site for US Postal Service Delivery.
Respectfully,
110.11" A. V Vlll
etPostmaster
350 N. Meridian RD
Kalispell, MT 59901-9998
"406-257-9796
®Lawrence.A.Golie@USPS.GOV
FCA Flathead Station
UANTED/3L STATES
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"Efficiency is doing things right; Effectiveness is doing the right things. " — Peter Drucker
City of Kalispell Public Works Department
Post Office Box 1997, Kalispell, Montana 59903-1997 - Telephone (406)758-7720, Fax (406)758-7831
August 14, 2007
Department of Environmental Quality
Public Water Supply Section
Permitting and Compliance Division
109 Cooperative Way, Suite 105
Kalispell, Montana 59901-2389
Attention: Emily Gillespie, P.E.
Environmental Engineer
RE: Silverbrook Estates
U.S. 93 Utility Main Extension
Kalispell, Montana
Dear Emily,
This letter is to confirm that the City of Kalispell has reviewed and approved the
construction plans and specifications prepared by CTA Architects and Engineers, Inc.,
for the water main(s), sanitary sewer main(s), sewer force main(s), sewage pumping
station and appurtenant items.
The Kalispell water distribution system and sanitary sewer system has adequate
capacity to serve the project.
Please feel free to call if you have any questions.
5incer I ,
Fraii Castles, R.E.
Deputy Public Works Director/Assistant City Engineer
cc: Pat White, P.E.
CTA Architects and Engineers, Inc.
P.O. Box 1439
Billings, Montana 59101