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H4. Silverbrook Estates Phase 2B-B Final plat & AgreementCITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine SUBJECT: Final Plat request and Subdivision Improvement Agreement for Silverbrook Phase 213-13 Subdivision MEETING DATE: January4, 2021 BACKGROUND: Our office has received an application for final plat approval for Silverbrook Phase 213-13 from WGM Group, on behalf of Silvermont Properties, LLLP, for an 8-lot residential subdivision on 4.49 acres of land. The subject property is located along Silvertip Trail in Silverbrook Estates. 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 on the face of the final plat. 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, and further extended with the final plat approval for another phase on September 21, 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 $430,000.00 (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 213-13. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: December 11, 2020 c: Aimee Brunckhorst, Kalispell City Clerk CITY '�Gl� KALISPELL December 11, 2020 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 Development Services Department 201 1st 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 213-13 Subdivision Dear Doug: Our office has received an application for final plat approval from WGM Group, on behalf of Silvermont Properties, LLLP, for an 8-lot residential subdivision on 4.49 acres of land. The subject property is located along Silvertip Trail in Silverbrook Estates. 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 on the face of the final plat. 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, and further extended with the final plat approval for another phase on September 21, 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 $430,000.00 (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 is not applicable as it pertains to Phase 2A. 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 as there are no townhomes as part of 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 has been met. The note was placed on the final plat. 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. The referenced approaches were previously installed as part of an earlier phase. 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 is not applicable as it pertains to Phase 2A. 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 met. There is one intersection as part of the plat and it meets the referenced standards. 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. A letter from Public Works dated December 24, 2020 was submitted noting that public infrastructure serving this phase was reviewed and approved by Public Works, along with a review approval letter dated February 25, 2020. 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 December 24, 2020 was submitted noting that water and sewer infrastructure serving this phase was installed. 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 is not applicable to this phase 13. Prior to submitting a final plat application for each phase, the developer shall provide the Public Works Department with an analysis of possible deficiencies created in the existing conveyance system, from the respective phase to the treatment plant, by the addition of the phase. The analysis and possible mitigation plan, once reviewed and approved by the Public Works Department, shall be completed prior to final plat approval. Staff Response: This condition has been met. An approval letter from Public Works dated December 24, 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 February 25, 2020 for the design and December 24, 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 has been met. A Construction Stormwater Permit was applied for and approved for this phase, as noted in the December 24, 2020 letter from Public Works and the August 3, 2020 City Stormwater Management Permit (SW20-0169). 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 December 24, 2020 is attached accepting the infrastructure. Additionally, the developer has included a Subdivision Improvement Agreement and irrevocable letter of credit in the amount of $430,000.00 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 December 21, 2020 is included indicating satisfaction of this condition and the plat note was included on the final plat. 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 underthe Subdivision Improvement Agreement. The landscaping plan has been reviewed and approved by the Parks Department as indicated in the attached letter dated December 28, 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 has been addressed through the Stillwater Commons multi -family development, which provided for the open space central to the development. 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 has been addressed through the Stillwater Commons multi -family development, which provided for the open space central to the development. 25. Additional open space shall be provided either north or south of the one acre open space site required in condition 19 to provide a linear greenbelt from the intersection of Swift Creek Way and Diamond Peak Loop to Silvertip Trail. The open space shall be a minimum of 50 feet in width and include a walking path to be constructed per standards approved by the Parks and Recreation Department. The walking path shall be constructed prior to final plat approval. Staff Response: This condition is not applicable as it has been addressed through the Stillwater Commons multi -family development, which provided for the open space central to the development. 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 December 24, 2020 conditionally approves the landscape plan, including provisions for items covered by the Subdivision Improvement Agreement. 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 existing and proposed subdivision improvement agreements. 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 new 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. An approval letter from Kalispell Public Works dated December 24, 2020 determined the easements to be in compliance. 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 December 29, 2020 approving the location and design, and a letter from Public Works dated December 24, 2020 notes that it has been accepted by Public Works. 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 I 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 R-4 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 213-13. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat - Subdivision Improvement Agreement - Final plat application dated 12/3//20 - Applicant letter responding to conditions dated 12/7/20 - Old Republic Title Report SG-8011260 dated 11/2/20 - Consent to Plat from Glacier Bank dated 12/29/20 - Consent to Plat from Kirk's Tire dated 9/11/20 - CCRs - Flathead County tax certification dated 12/17/20 - Montana DEQ Water Main Extension approval dated 3/31/20 - Montana DEQ MFE Letter dated 3/19/20 - Letter from Kalispell Public Works Department dated 12/24/20 - Letter from Kalispell Public Works Department dated 2/25/20 - City of Kalispell Stormwater Management Permit SW20-0169 - Letter from Kalispell Fire Department dated 12/21/20 - Letter from WGM certifying soil mitigation dated 9/7/18 - Letter from Kalispell Parks Department dated 12/28/20 - Letter from USPS dated 12/29/20 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: WGM Group 431 1ST Ave. West Kalispell, MT 59901 fay;ra oOV $ z o �O �ddOJ \ n2 J \ KIK 6 \ a y l \ a a 99 et ♦ - � a I < oo ss� ory eos _ a 0Iv w U II F \ m �--- �r z n s - aj< u = h Prey\ anEv - o - - a a m w w co 0 o n LL WO a r iw rc LL a i� u) — — — — fa 1JN15 Stl3 a ti U F Oa _ III — zso�3asc �uj o� - - - W'Z - w LLa Boa J jR m Z z a m ryw m a mm Q w IE «wo< r �m o oiGJ o 3 a V 0�30 o2E3aw p sip 10 lw o - - I I �o o=- �ooa4 o wlt Z U - � � W 0 H W - - - U _—T w � cn a A\ \ I V � I \ I A I Y 5 °N .o°ollt 14. 61 n 0 \ \ s o °6eP /1 f� O Uj � 3 W 4 3.94.449 1 � y 3 Oz9s6 3.t 00 � oW os 0999 M9e£�.9 , i U � a o� J.VM A332Jo �i 131MS 1SV3 e-ers�.os Isue, �i o r ' � � o i i I o o - - �I Z W 0 W O d � [♦ 0 Return to: Aimee Brunckhorst Kalispell City Clerk 201 1"Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of 120 , 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) - WelMpro] (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 213-13 Silvertip Trail Cottage Lots (Name of Subdivision) located at NE 1/4 Section 13, T29N, R22W, P.M.M., Flathead County Montana (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Silverbrook Phase 213-13 , 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 $ 342,986.94 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 $ 428,733.68 . 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 $ 428,733.68 the estimated cost of completing the required improvements in Sllverbrook Phase 2B= B (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 November 5 , 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 (Name) (Title) STATE OF MONTANA COUNTY OF On this day of 20 , before me, a Notary Public for the State of Montana, personally appeared , known to me to be the of whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for the State of Montana Printed Name Residing at My Commission Expires MAYOR, CITY OF KALISPELL MAYOR ATTEST: CITY CLERK Project Name: Phase 2B43 SILVERMP TRAIL COTTAGE LOTS WGM Project Number: 19D912 EXHIBIT"B" ...' 0-1:sP CERTIFICATIONOF TO BE 4& WGMGROUP WWORK B.rdirg DeeemberzD2D2D Completed as of Bonding Date Total %Complete Final Conrtrto Construction Quantity Costs Quantities and Costs of Total Project %Complete of Original Items Line Kem Item Description Unit Quantity Unit Price Total Quantity Curren[T I Schedule l- Silvertip Infrastructure Private Road Eeenaion and Sewer Main Ettendon l.m Mobilization, Submittals&Permits(5%) IS 1 $1,500.00 $1,M0.00 1.0mo $1,500.00 100.0- .0.0. 1D2 Erosion Control Measures LS 1 $2,000.00 $2,000.00 1.0000 $2,000.00 100.0- lODo- 1oG Traffic Control LS 1 $2,500.00 $2,500.00 1.0000 $2,500.00 100.00% 100.0RM 1.04 Asphalt Pavement(4"Thick) SY 411 $18.41 $7,713.79 419.0000 $7,713.]9 100.0- 100.0- 1.05 3" Minus Sele¢ Subbase Material CY 131 $23.25 $3,045.75 131.0.0 $3,045.75 100.0- 100.00% 1.06 3/4" Minus Base Course Material CY 88 $29.65 $2,609.20 88.0000 $2,609.20 100.0- 100.00% 1.07 Sidewalks (4" Concrete, 5' width, 6" Base) SF .3 $5.01 $4,423.83 883.0000 $4,423.83 100.0- 100.OD% 1.08 Standard Dr Drive Over Curb and Gutter LF .5 $16.66 $4,]48.10 285.0000 $4,748.10 100.0- 100.OD% 1.09 Earthwork CY .0 SK. $2,MO.00 280.0000 $2,MO.00 100.00% 100.ORM 1.10 B" DIA PVC LF 126 $66.36 58,361.36 126.0.0 58,361.36 100.00% 100.OR% Ltt Inrta1148"DIA MH/Cover&Apron EA 1 $3,535.00 $3,535.00 1.0000 $3,535.00 100.00% 100.OR% LA2 C... --fling Sewer Stub EA 1 $1,M0.00 $1,M0.00 1.0000 $1,M0.00 100.OD% 100.OR% LA3 4"Sewer Service EA 2 $3,500.00 $7,000.00 2.0000 $7,000.00 100.00% 100.OR% 1.14 Extend 4"Sewer Service EA 6 $900.00 $5,400.00 6.0000 $5,400.00 100- 100.OR% 1.15 Extend 3/4"Water Service(with new curb rtop and meter pit) EA 8 $1,M0.00 $12,000.00 B-0 $12,000.00 100.0- 100.OD% 1.16 Dr, Utility Trench LF .0 S8.30 $4,897.00 .0.0.0 $4,897.00 100.0- 100.OD% 1.1] 2" Fiber Optic for Mountain Max LF .0 $4.00 $2,360.00 .0.0.0 $2,360.00 100.0- 100.OD% 1.18 3" Conduit for FlaMead Electric LF .0 $5.00 $2,950.00 .0.0.0 $2,950.00 100.0- 100.OD% L. 3" CDnduitfor Flad,ead Electric EA 1 $1,015.00 $1,015.00 1.0000 $1,015.00 100.00% 100.OR% L. Electric Pedertal for Mountain Max EA 1 $500.00 $500.00 1.0000 $500.00 100.00% 100.OR% 1.21 Street I -, (Private Boulevard) EA 6 $550.00 $3,300.00 0.0000 Sam 0.00% Dmos L22 Boulevard Seeding(Private Boulevard) SF 2100 $0.10 $210.00 2100.0000 $210.00 100.00% 100.OR% L. As -built Drawings L$ 1 $1,200.00 $1,M0.00 00000 Sam 0.00% Dmos 1.24 Manhole Channel R.-ut LS 1 $200.00 $200.00 00000 $0.00 0.00% O.OU% 1.25 Water Main Concrete Collar EA 2 $16C.00 $320.00 00000 Sam 0.00% O.- SCHEDULE I TOTAL SB5,529- $6QS09.03 94.13% 84.00% Schedule 2 - Eastern HOA Park (Landscape/Irrigation) - Phase 2A and Phase 2B 2.01 Mobilization LS 1 $11,975.00 $11,975.00 U-0 $9,580.00 80.00% 8D- 2.02 Stip &Stockpile O�gania/Duff (3"DepIN CY 1]62 $3.93 $6,924.66 1,762.0000 $6,924.66 100.00% 100.OR% 2.03 Excavate for Pad, LS 1 $20,600.00 $20,600.00 1.0000 $20,600.00 100.00% 100.OR% 2.04 Place Topsoil (4" Depth) CY 3000 $6.54 $19,6N1.00 1,000.0000 $6,540.00 33.33% 33.33% 2.05 Place B"Df 3/4"Crush SF 13315 $2.07 $27,562.05 13,315.0.0 $27,562.05 100.00% 100.OR% 2.06 Place 3"Df Asphalt SF 13315 $2.60 $34,619.00 00000 Sam 0- Dmos 2.0 Place Bench EA 3 $2,193.00 $6,579.00 00000 Sa.OD 0- Dmos 2.68 Landscaping LS 1 $36,100.00 $36,100.00 B-0 $3,610.00 10.00% 10.00% 2.09 Irrigation LS 1 $51,950.00 $51,950.00 B-0 $5,195.00 10.00% 10.00% 2.10 Seeding SF 178000 S0.. $17,800.00 00000 Sam 0.00% Dmos 2.11 Existing SWPPP Modification IS 1 $1,M0.00 $1,M0.00 1.0000 $1,M0.00 100.OD% -0 OM SCHEDULE 2 TOTAL $2M,929.71 $31,21131 34.57% 48.48% Schedule 3 - Remaining Wetland and Stillwater River Path System 2.M Mobilization IS 1 $11,975.00 $11,975.00 00000 Sam 0.00% Dmos 2.02 Strip& Stockpile Organics/Duff(3"Dept,) CY 1762 $3.93 $6,924.66 00000 Sam 0.00% Dmos 2.03 Excavate for Paved Pad, (Based on linear F-ge From LHC Bid) LF 4554 $15.47 $7Q450.38 00000 S0.00 0- Dmos 2.04 Place 1psoil(4" Depth, 2'eid,er side of paved trail) CY 225 $6.54 $1,471.50 00000 Sam 0.00% Dmos 2.05 Place B"Df 3/4" Crush(57. LF, 10 It wide) SF 5700 $2.07 $11%418.30 0.0000 $O.W 0.00% Dmos 2.06 Place 3"Df Asphalt(4554 LF, 10 ft wide) SF 45540 $2.60 $11K404.00 0.0000 $O.W 0.00% Dmos 2.11 -PPP Permitting LS 1 $2,000.00 $2,000.00 0.0000 $O.W 0.00% Dmos SCHEDULE 3 TOTAL S-S43.84 SOd10 0.00% Dmos CIVIL CONSTRUCTION BASE BID TOTAL i $651,102.581 161,720.74 0 0 TOTAL PROJECT BUDGET S651.102.58 1161.]20.]4 2-41 0 AMOUNT OF REMAINING WORK PRIOR TO BONDING $489,381.84 AMOUNT OF BOND (125%OF REMAINING WORK) $611,]2].30 $499,840.55 AS PROJECT ENGINEER FOR SILVERBROOK PHASE 2&11, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE LS ESTIMATED TO BE: $161,]20.]4 THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: S489,381.84 THE TOTAL VALUE OF WORK, SEBVICESAND FEES CURRENTLY BONDED IS ESTIMATED TO BE: $146,394.90 THE TOTAL VALUE OF WORK, SERVICES AND FEES REMAINING (TO BE BONDED): $342,986.94 SECURITY HELD AT 125% OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $428,733.68 MIKE BRODIE, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: November 5, 2021 PLANNING FOR THE FUTURE Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 wry w - kalis p ell. c o m/cla nning FINAL PLAT APPLICATION Project /subdivision Name: Silverbrook Estates Phase 213-13 Contact Person: Name: Mike Brodie, PE Address: 431 1st Avenue West Kalispell, MT 59901 Phone No.: (406) 756-4848 Owner & Mailing Address: Silvermont Properties, LLLP 315 Parkway Drive Kalispell, MT 59901 Date of Preliminary Plat Approval: Ja wary 4 2016; Extension approved August 17 2020. Type of Subdivision: Residential Industrial Commercial PUD X Other Total Number of Lots in Subdivision 8 Land in Project (acres) 4.49 Parkland (acres) 3.18 Cash -in -Lieu $ Exempt Refer to PUD No. of Lots by Type: Single Family $ Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial Industrial Condominium Multi -Family Planned Unit Development Other Legal Description of the Property A tract of land in the NE 1/4 of Sections 13 Township 29 North, Range 22 West, P.M.M FILING FEE ATTACHED $ 1,800.00 Minor Subdivision with approved preliminary plat $400 + $125/lot Major Subdivision with approved preliminary plat $800 + $125/lot Subdivisions with Waiver of Preliminary Plat $800 + $125/lot Subdivision Improvements Agreement $50 Attached Not Applicable (MUST CHECK ONE X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) XSubdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) ---X— Maintenance Agreement (CCRS) 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. Own Signatur 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 K WMA wGMGROUP CC7rnrnurnty Values Inspired Futures December 7, 2020 PJ Sorensen, Sr. Planner Kalispell Planning Department 201 15t Avenue East Kalispell, MT 59901 Re: Final Plat Approval for Silverbrook Phase 213-13 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 213-13. 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. These lots are 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. This is a Phase 2A condition and is not applicable to phase 2B. 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. Prior to final plat: 4. Prior to final plat approval of phase 2B the townhouse lots shall be renumbered with the A&B designations added to each lot (i.e. 305A and 305B) to further clarify the lots as townhouse lots. 431 1" Avenue West, Kalispell, MT 59901 1 OFFICE 406,756.4848 1 EMAIL vvgm@wgmgroup.com Kalispell Planning Department 12/3/2020 Page 2of11 Not applicable. The 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. The current plat is for single family home lots. 5. The following note shall be placed on the final plat for phase 2B: "Further subdivision of the lots in phase 2B is prohibited." This note is placed on the final plat. 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 2B, this will be addressed with and included on final plat documents associated with Phase 2C. 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 Commons (now called 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." Not applicable to Phase 2B. This was addressed previously with Phase 2A plats. 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. Kalispell Planning Department 12/3/2020 Page 3 of 11 There is a singular intersection that is affiliated with these lots and it is in compliance with this AASHTO policy. The referenced intersection and associated roads were previously dedicated to the City of Kalispell and were designed, approved and constructed in 2008-2009. 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. The original Silvertip Trail infrastructure was previously designed, approved and constructed in 2008-2009. The extension of the sewer main to the eastern two lots and the private section of Silvertip Trail were designed to City of Kalispell standards and approved February 25, 2020 by Kalispell Public Works. The approval letter and signed municipal facilities exclusion form has been included with this submittal. 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 original Silvertip Trail infrastructure was previously designed, approved and constructed in 2008-2009. The extension of the sewer main to the eastern two lots and the private section of Silvertip Trail were designed to City of Kalispell standards and approved February 25, 2020 by Kalispell Public Works. The design approval letter has been included with this submittal. A letter from Public Works has been included with this submittal. 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. Kalispell Planning Department 12/3/2020 Page 4 of 11 No deficiencies are presently known in the existing main which was assessed as a part of the design report for the sewer main extension for the eastern two lots. 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. The memorandum submitted with the private road and public sewer extension are included along with the Sewer Lift Station Memorandum submitted with Stillwater Square. 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. All stormwater drainage is connected to the original Silverbrook Regional pond. Per discussions with the City of Kalispell public works during the design process, no additional measures were required for the addition of the short section of private road being added and the system was found to have more than adequate capacity. The approval letter for the private road improvements is included with this submittal along with the technical memorandum submitted for City approval. 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. An erosion control plan was submitted to the city of Kalispell as a part of the design and LHC (the contractor installing the improvements) obtained a stormwater general permit for their construction activities. All catch basins in the vicinity of the project currently have "witches hats" installed to prevent sediment from entering the storm system. 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 includes a copy of the SIA of the current bonding for the Phase 2A-B (Lot 287) project to help cover this bonding. There is no public infrastructure being bonded for as a part of these lots; only parkland improvements. A letter has been requested from public works. 17. The following requirements shall be met per the Kalispell Fire Department and so certified in writing by the Fire Department: Kalispell Planning Department 12/3/2020 Page 5 of 11 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 has been requested from the Fire Chief. 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 noted on the plans and was submitted as a part of the construction of the public road portion of this development. The private road was constructed to these standards as well. The Certification Letter dated September 7, 2018 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. The letter from the Parks and recreation director has been requested. 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 it is not adjacent to Stillwater river and there are no slopes that have been reshaped as a part of these lots. 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. Kalispell Planning Department 12/3/2020 Page 6 of 11 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. Ai-tificial 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 115. 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. 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 this portion of Phase 2B. This is a portion of block 31 only. The block 29 and 30 referenced were modified as a part of Kalispell Ordinance 1813 which amended the PUD for the Stillwater Commons (now Stillwater Square) Development. This development does include a park in excess of 1 acre with pedestrian access open to the public. A copy of Ordinance 1813 is included with this submittal. 24. The one acre of open space shall be developed with the following: • Irrigation • Landscaping to consist of trees, grass and shrubs • Pedestrian paths • A focal feature such as a gazebo, art work or formal garden The development plan shall be submitted to the Parks and Recreation Department for review and approval and installed prior to final plat of phase 2B. This is not applicable to this portion of Phase 2B. This is a portion of block 31 only. The block 29 and 30 referenced were modified as a part of Kalispell Ordinance 1813 which amended the PUD for the Stillwater Commons (now Stillwater Square) Development. This development does include a park in excess of 1 acre with pedestrian access open to the public. A copy of Ordinance 1813 is included with this submittal. Kalispell Planning Department 12/3/2020 Page 7 of 11 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. The walking path has been partially constructed and the remainder will be bonded for as a part of this Final Plat; see the included SIA. Additional open space is planned to be included 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 2B; 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. This is currently under construction, the remainder of this path is included with the SIA for this project. 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. The paths shown on the preliminary plat have been included as a part of the SIA. All other remaining paths shall be installed prior to final plat approval of the respective phase they are located in. Kalispell Planning Department 12/3/2020 Page 8 of 11 The paths associated with Phase 2B (the Eastern HOA Path and Park) 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 note 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. 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 Kalispell Planning Department 12/3/2020 Page 9 of 11 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 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, Kalispell Planning Department 12/3/2020 Page 10of11 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 2B; 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 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 2B Plat; this lots are already serviced by the City of Kalispell's water system, per online records, it appears 250 gpm water rights have been dedicated to the City of Kalispell. Ongoing 42. All utilities shall be installed underground. All utilities are installed underground. Kalispell Planning Department 12/3/2020 Page 11 of 11 43. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. All areas will be topsoiled and seeded in accordance with City of Kalispell standards. 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@wgrngroup.com Sincerely, M Group, Inc. Mike Brodie, P.E. Project Engineer Guarantee SG-SG-8011260 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 EFFECTOR 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 set forth 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 NATIONALTITLE INSURANCE COMPANY A Stack Company 400 Second Avenue South, Minneapolis, Minnesota 55407 (612) 371-1111 BY President u �t m 'fm� /� # o-` Secreta Attest ' tt►'ti � ry IF4 if di 41 Issued through the Office of: Alliance Title & Escrow, LLC Authorized ignature 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. 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 titre to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, 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 against the 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 bythe 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 anyjudicial or non -judicial proceeding which is within the scope and pur- pose of assurances provided. 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 titre or interest which is adverse to the titre 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 notify 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, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obliga- tions to the Assured underthe 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 swom 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. 7. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim underthis 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 anycosts, attorneys' fees and expenses incurred bythe 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 bythis Guarantee. 9. Limitation of Liability. (a) If the Company establishes the titre, or removes the alleged defect, lien or encumbrance, or cures the anyother matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of anyappeals therefrom, it shall havefully 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 titre, as stated herein. (0) 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 pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim underthis 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 bythe 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 byapplicable 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 togetherwith 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 thislGuarantee. 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. 508651 LIABILITY $10,000.00 FEE: $200.00 GUARANTEE No. SG-8011260 1. Name of Assured: WGM Group 2. Date of Guarantee: 2nd day of November, 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 2B-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 5 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 north corner of Lot 272, Block 1, of the plat of Silverbrook Estates Phase IA, on file and of record in Flathead County, Montana, said north corner being a point on a non -tangent curve concave to the Northwest and having a radius of 440.00 feet, a radial from last said point bears N68°44'08"W; thence Southwesterly, along the Northwesterly line of said Lot 272 and said curve through a central angle of 19°39' 16", an arc distance of 150.94 feet to the west corner of Lot 272; thence N49004'51"W, 60.00 feet to the North Right -of -Way Line of Silvertip Trail (60.00 feet wide) and a point on a non -tangent curve concave to the Northwest and having a radius of 380.00 feet, a radial from last said point bears N49°04'51"W; thence, Southwesterly, along said North Right -of -Way Line and curve through a central angle of 48051'05", an arc distance of 323.99 feet; thence S89046' 14"W, along said North Right -of -Way Line, 76.65 feet; thence along the southerly boundary lines of Lot 3 8 1 B of the Amended Plat of Silverbrook Estates Phase 213-A Lot 381, on file and of record in Flathead County, Montana, the following (6) courses: 1) N00013'46"E, 101.23 feet; 2) N89046' 14"E, 104.77 feet; 3) N74023'42"E, 93.04 feet; 4) N53056'06"E, 105.88 feet; 5) N32048' 16"E, 106.27 feet; 6) S68044'08"E, 158.85 feet to the Point of Beginning; TOGETHER WITH: A tract of land being a portion of Tract 3 and Tract 5 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 north corner of Lot 272, Block 1, of said plat of Silverbrook Estates Phase IA, said corner being a point on a curve concave to the west and having a radius of 440.00 feet, a radial from last said point bears N68044'08"W; thence Northerly, along the easterly lines of Lot 381B of said Amended Plat of Silverbrook Estates Phase 213-A Lot 381 the following (3) courses: 1) Northerly, along said curve through a central angel of 21029' 10", an arc distance of 165.00 feet; 2) N00° 13' 17"W, 195.00 feet; 3) N15046'20"E, 297.40 feet; thence N89046' 14"E, 111.27 feet to the West Right -of -Way Line of U.S. Hwy 93 (Width Varies); thence along said West Right -of -Way Line the following (3) courses: 1) S00°17'01"E, 306.16 feet; 2) S13°16'46"E, 72.93 feet; 3) S00°17'01"E, 368.10 feet to the north line of said Plat of Silverbrook Estates Phase IA; thence S89°43'31"W, along said north line, 138.43 feet to the east corner of said Lot 272; thence N45°00'00"W, along the Northeasterly line of said Lot 272, 145.62 feet to the Point of Beginning. To be known and designated as Silverbrook Estates Phase 213-13 E. According to the public records, the following documents purport to affect the described land: 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. General Taxes for the year 2020 are paid Parcel No.: 75-0460013 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 5. 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. 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) 20. 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) 21. A Mortgage to secure an indebtedness as shown below secured thereby: Amount $2,000,000.00 Mortgagor: Silvermont Properties, LLLP Mortgagee: Kirks Tire (Lethbridge) Ltd. Dated: September 13, 2015 Recorded: October 13, 2015 Instrument No.: 201500023730 (Includes other property) Subordination Agreement referencing: Instrument No.: 201500023730 And: Instrument No.: 201600011699 Recorded: June 13, 2016 Instrument No: 201600011700 22. A Financing Statement filed in the Office of the County Recorder showing: Debtor: Silvermont Properties, LLLP Secured Party: Kirks Tire (Lethbridge) Ltd. Recorded: October 13, 2015 Instrument No.: 201500023731 (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: ,Jipk , �� ut onze icer or gent ORT Form 3797m Subdivision Guarantee Pursuant to 76-3-612, M.C.A, the undersigned Glacier National Bank, Mortgagee under that certain Mortgage identified as follows: Date: Mortgagor Document Number: 4Sinature and Title September 30, 2015 & June 6, 2016 Silvermont Properties, LLLP # 201500023729 & 201600011699 Jennifer wheeler, VP 12/29/2020 Printed Name and Date Does hereby join in and consent to the platting of the following described lands located in Flathead County, Montana, which lands are subject to the lien of the above referenced Mortgagee: LEGAL DESCRIPTION: FOR SILVERBROOK ESTATES PHASE 2B-B A TRACT OF LAND BEING A PORTION OF TRACT 5 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 NORTH CORNER OF LOT 272, BLOCK 1, OF THE PLAT OF SILVERBROOK ESTATES PHASE 1A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, SAID NORTH CORNER BEING A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 440.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68°44'08"W; THENCE SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 272 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 19°39'17", AN ARC DISTANCE OF 150.94 FEET TO THE WEST CORNER OF LOT 272; THENCE N49°04'51"W, 60.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SILVERTIP TRAIL (60.00 FEET WIDE) AND A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 380.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N49°04'51"W; THENCE SOUTHWESTERLY, ALONG SAID NORTH RIGHT-OF-WAY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 48°51'05", AN ARC DISTANCE OF 323.99 FEET; THENCE S89046'14"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, 76.65 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY LINES OF LOT 381B OF THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A LOT 381, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, THE FOLLOWING (6) COURSES: 1) N00°13'46"W, 101.23 FEET; 2) N89046'14"E, 104.77 FEET; 3) N74023'42"E, 93.04 FEET; 4) N53056'06"E, 105.88 FEET; 5) N32°48'16"E, 106.28 FEET; 6) S68044'08"E, 158.85 FEET TO THE POINT OF BEGINNING; CONTAINING 1.31 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND BEING A PORTION OF TRACT 3 AND TRACT 5 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 NORTH CORNER OF LOT 272, BLOCK 1, OF SAID PLAT OF SILVERBROOK ESTATES PHASE IA, SAID CORNER BEING A POINT ON A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 440.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68044'08"W THENCE NORTHERLY, ALONG THE EASTERLY LINES OF LOT 381B OF SAID AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A LOT 381 THE FOLLOWING (3) COURSES: 1) NORTHERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21029'09", AN ARC DISTANCE OF 165.00 FEET; 2) N00°13'17"W, 195.00 FEET; 3) N15046'20"E, 297.40 FEET; THENCE N89046'14"E, 111.27 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HWY 93 (WIDTH VARIES); THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING (3) COURSES: 1) S00016'59"E, 306.16 FEET; 2) S13°17'11"E, 72.93 FEET; 3) S00016'59"E, 368.10 FEET TO THE NORTH LINE OF SAID PLAT OF SILVERBROOK ESTATES PHASE 1A; THENCE S89043'31"W, ALONG SAID NORTH LINE, 138.42 FEET TO THE EAST CORNER OF SAID LOT 272; THENCE N45°00.00"W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 272, 145.62 FEET TO THE POINT OF BEGINNING; CONTAINING 3.18 ACRES MORE OR LESS. SILVERBROOK ESTATES PHASE 2B-B CONTAINS 4.49 ACRES, MORE OR LESS, ALL BEING SURVEYED AND MONUMENTED ACCORDING TO THIS PLAT. Acknowledgement * * * * * This instrument was acknowledged before me on this day of DC=Df V , 2020 Bf XAN' tg �W Q ER °ZEco MALIA OZEGOVICH y S- -RY PUBLIC for the N° Sfate of Montana * SEAL * Residing at Bigfork, Montana My Commission Expires °FP October 29, 2023 Residing at: ----------- My commission expires: DECLARATION OF ANNEXATION TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF SILVERBROOK ESTATES SUBDIVISION 0- This Declaration of Annexation is executed on this 30 day of November 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 recorded on March 26, 2008, under Document No. 200800008099 and First Amendment to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates recorded January 1, 2010 under Document No. 201000002264 and any amendments thereafter, recorded in the office of the Flathead County Clerk and Recorder (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 213-13, 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: I. 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 identities in Phase 2B-B shall be shown on the legal and plat attached herein referred to as exhibit "A" 3. Phase 213-13 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 213-13 are subject to the Covenants, Conditions and Restrictionsof Silverbrook Estates recorded on March 26, 2008 under Document No. 200800008099 and First Amendment to and Complete Restatement of Declaration of Covenants, Conditions, Restrictions and Reservations for Silverbrook Estates recorded January 1, 2010 under Document No. 201000002264 and any amendments thereafter, recorded in the office of the Flathead County Clerk and Recorder. IN WITNESS WHEREOF, the Developer has executed this Declaration of Annexation effective the date and year first above written, Developer: Silvermont Properties LLLP { B Printed Name and Title -��DA State of Montana Flathead County This instrument was acknowledged before me this W day of November, 2020 by fey\ i 44a of Silvermont Properties LLLP Lt��(A, J4�ff�- Notary Public for the State df Montana EXHIBIT "A" LEGAL DESCRIPTION: PERIMETER A TRACT OF LAND BEING A PORTION OF TRACT 5 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 NORTH CORNER OF LOT 272, BLOCK 1, OF THE PLAT OF SILVERBROOK ESTATES PHASE 1A, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, SAID NORTH CORNER BEING A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 440.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68044'08"W; THENCE SOUTHWESTERLY, ALONG THE NORTHWESTERLY LINE OF SAID LOT 272 AND SAID CURVE THROUGH A CENTRAL ANGLE OF 19°39' 17", AN ARC DISTANCE OF 150.94 FEET TO THE WEST CORNER OF LOT 272; THENCE N49004'51"W, 60.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SILVERTIP TRAIL (60.00 FEET WIDE) AND A POINT ON A NON -TANGENT CURVE CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 380.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N49°04'51"W; THENCE SOUTHWESTERLY, ALONG SAID NORTH RIGHT-OF-WAY LINE AND CURVE THROUGH A CENTRAL ANGLE OF 48°51'05", AN ARC DISTANCE OF 323.99 FEET; THENCE S89046'14"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, 76.65 FEET; THENCE ALONG THE SOUTHERLY BOUNDARY LINES OF LOT 381B OF THE AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A LOT 381, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, THE FOLLOWING (6) COURSES: 1) N00013'46"W, 101.23 FEET; 2) N89046'14"E, 104.77 FEET; 3) N74323'42"E, 93.04 FEET; 4) N53°56'06"E, 105.88 FEET; 5) N32048'16"E, 106.28 FEET; 6) S68044'08"E, 158.85 FEET TO THE POINT OF BEGINNING; CONTAINING 1.31 ACRES MORE OR LESS. TOGETHER WITH: A TRACT OF LAND BEING A PORTION OF TRACT 3 AND TRACT 5 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 NORTH CORNER OF LOT 272, BLOCK 1, OF SAID PLAT OF SILVERBROOK ESTATES PHASE IA, SAID CORNER BEING A POINT ON A CURVE CONCAVE TO THE WEST AND HAVING A RADIUS OF 440.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68044'08"W; THENCE NORTHERLY, ALONG THE EASTERLY LINES OF LOT 381B OF SAID AMENDED PLAT OF SILVERBROOK ESTATES PHASE 2B-A LOT 381 THE FOLLOWING (3) COURSES: 1) NORTHERLY, ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21029'09", AN ARC DISTANCE OF 165.00 FEET; 2) N00013'17"W, 195.00 FEET; 3) N15046'20"E, 297.40 FEET; THENCE N89046'14"E, 111.27 FEET TO THE WEST RIGHT-OF-WAY LINE OF U.S. HWY 93 (WIDTH VARIES); THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING (3) COURSES: 1) S00016'59"E, 306.16 FEET; 2) S13017'11"E, 72.93 FEET; 3) S00°16'59"E, 368.10 FEET TO THE NORTH LINE OF SAID PLAT OF SILVERBROOK ESTATES PHASE IA; THENCE S89043'31"W, ALONG SAID NORTH LINE, 138.42 FEET TO THE EAST CORNER OF SAID LOT 272; THENCE N45000.00"W, ALONG THE NORTHEASTERLY LINE OF SAID LOT 272, 145.62 FEET TO THE POINT OF BEGINNING; CONTAINING 3.18 ACRES MORE OR LESS. SILVERBROOK ESTATES PHASE 2B-B CONTAINS 4.49 ACRES, MORE OR LESS Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: WGM Group FOR: Silvermont Properties DATE., 12/17/2020 DESCP . Silverbrook Est Ph 26-B in PURPOSE : SUB 13-29-22 YEARS ASSESSOR # 2018-2020 0460013 l 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. -DEC 17 A Deputy Treasurer (seal) `;CIGG�;�Ty 1� D EQ.A�, Montana Department of Environmental Quality March 31, 2020 Mike Brodie, PE WGM Group 431 1" Ave West Kalispell, MT 59901 Re: City of Kalispell (PWSID#MT0000259) Silverbrook Estates Phase 2B-B Sewer Main Extension - Approval EQ# 20-1499 Dear Mr. Brodie: The plans and specifications, engineering report and deviation requests for the Silverbrook Estates Phase 2B-B sewer main extension within Silver Tip Trail, submitted under the seal of Michael J. Brodie, PE#28348, were received on November 14, 2019 — March 9, 2020. The City of Kalispell approval was provided on February 25, 2020. The submittal was reviewed in accordance with Department Circular DEQ-1, 2014 Edition and Circular DEQ-2, 2016 Edition. The Silverbrook Estates Phase 2B-B development received approval of the Municipal Facility Exclusion on March 20, 2020. As such, the City of Kalispell is responsible for the on -site storm water runoff review within this development. The Silverbrook Estates Phase 2B-B sewer main extension plans ands ecifications received March 9, 2020, 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. The sewer main improvements consist of: approximately 125 feet of 8-inch diameter gravity sewer main (SDR 35 PVC) and one precast manhole. 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. 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) 5ilverbrook Estates Phase 28-13 Sewer Main Extension - Approval EQ# 20-1499 March 31, 2020 Page 2 of 2 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 me at (406) 755-8979 or egillespie(@rrt.gov Sincerely, Emily J. I spie, P. Enginee Bureau' If you have any further questions, please contact cc: Patrick Jentz, City of Kalispell Public Works Wendee Jacobs, Flathead County Environmental Health Plan Review File b33 9-8Z 3SVHd :S3lViS3 AM]9i 13A IIS A o o3e T i zW i- N G J =<F _ _ o NOISN31X3 NIVIN �J3M3S (INV GVO0 J � �f � o HDAOO LU a� W" O o § w W LU �,� v, o Z 00 O OLV W W x W W � F— ry W F— W CO 0o 4 co w aJ �zn- � 1.b'AA a a dij 4 I c 3€w p�W HsQF C P-4 � s�F Eg =�oa oWQ000� x _-R m�Omzpswoo a Montana Department of Environmental Quality March 19, 2020 Mike Brodie WGM Group 1111 East Broadway Missoula MT 59802 RE: Silverbrook Estates Phase 2B-B Municipal Facilities Exclusion EQ# 20-1500 City of Kalispell Flathead County Dear Mr. Brodie; This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the Declaration can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Silverbrook Estates Phase 2B-B Municipal Facilities Exclusion will consist of 8 lots, number 363 - 370. Sincerely, Rachel Clark Department of Environmental Quality Engineering Bureau Public Water & Subdivision Review (406) 444-6722 email rclark(a�mt. o� cc: City Engineer County Sanitarian Owner file Steve Bullock, Governor I Shaun McGrath, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov CITY OF KALISPELL December 24, 2020 Mike Brodie, PE WGM Group 431 1st Ave West Kalispell, MT 59901 Re: Final Plat of Silverbrook Subdivision Phase 2B-B Dear Mr. Brodie: The purpose of this letter is to address the conditions of Preliminary Plat for the above referenced subdivision. The following conditions appear to be applicable to the Final Plat of this phase and are addressed below: Condition 10: New infrastructure required to serve the subdivision shall be designed and constructed in accordance with current City ofKalispell'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 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. This phase of the subdivision has been designed in accordance with the City of Kalispell Design and Construction Standards (Standards) and the Montana Public Works Standard Specifications (MPWSS). Additionally, this phase was reviewed and approved by the Public Works department. Therefore, Condition 10 of the conditions of preliminary plat is hereby satisfied for this phase. 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 Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 www.kalispell.com This phase of the subdivision has been designed in accordance with the City of Kalispell Design and Construction Standards (Standards) and the Montana Public Works Standard Specifications (MPWSS). Additionally, this phase was reviewed and approved by the Public Works department. Further, you have certified the construction of the public infrastructure and the City has accepted new public infrastructure. Therefore, Condition 11 of the conditions of preliminary plat is hereby satisfied for this phase. Condition 13: Prior to submitting a final plat application for each phase, the developer shall provide the Public Works Department with an analysis ofpossible 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 for this phase. Condition 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. A Construction Stormwater Permit was applied for and approved for this phase (SW20-0169) which provided an acceptable erosion and sediment control plan. Therefore, Condition 15 of the conditions of preliminary plat is hereby satisfied for this phase. 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. Because a sufficient bond has been provided to cover the unfinished work, this condition is hereby considered satisfied for this phase. Condition 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. The roads within this phase of construction were existing and no naming or additional signage was required. Therefore, Condition 35 of the conditions of preliminary plat is hereby satisfied for this phase. Page 2 of 3 Condition 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. The final plat has been review by this department and has been determined to be in compliance with City Standards. Therefore, Condition 36 of the conditions of preliminary plat is hereby satisfied for this phase. 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. The mail delivery site serving this phase was previously constructed and accepted. Therefore, Condition 37 of the conditions of preliminary plat is hereby satisfied for this phase. Please let me know if you have any questions or require additional clarification. Sincerely, Keith Haskins, PE City Engineer CC: PJ Sorensen — Senior Planner Page 3 of 3 CITY OF KALISPELL February 25, 2020 Michael Brodie, PE WGM Group 431 1" Ave West Kalispell, MT 59901 RE: Silverbrook Estates: Phase 213-13 Engineering Approval Dear Mr. Brodie: The drawings submitted on February 24t1i for the above project are hereby approved. One review was done at a cost of $180. Please submit the review fee of $180 to the Public Works front desk. 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. Please contact the Public Works Department at (406)758-7720 to set up a pre -construction meeting prior to beginning construction. A Right -of -Way and Stormwater permit must be obtained by the prime contractor for this project. At project completion, please provide the City with hard copy and electronic record drawings. We look forward to working with you on this project. Sincerely, fJ_W1_V;A159 Patrick Jentz, PE Engineer 2 cc: Keith Haskins PE, City Engineer Emily Gillespie PE, MDEQ August 03, 2020 Mike Mineau LHC, Inc. PO Box 7338 Kalispell, MT 59904 Re: Approval letter for City Stormwater Management Permit Number SW20-0169 for project site: 175 SILVERTIP TRL, 59901 Dear Permittee: As of July 17th, 2017, all stormwater permits must be reviewed and approved before the commencement of any land disturbing activity. This letter serves as an approval letter to begin land disturbance for the above -referenced project site. You are required to: (1) Implement the City Stormwater Management Plan prior to any land disturbance (2) Develop and maintain best management practices (3) Terminate the permit once the site is properly stabilized To keep track of current projects, yearly renewal is required. If your project will continue past December 31 st of the current year, permit renewal is required. Failure to renew your permit before January 1 st of next year may incur a late fee. Please review and follow the City Stormwater Management Ordinance 1600 (www.kalispell.com) and the Erosion and Sediment Control Best Management Practices Reference Manual (www.mdt.mt.gov/research/projects/env/erosion.shtml). Note: This permit is separate from any permit required by other governmental agencies and does not waive any obligation by you to obtain other permits or approvals that may be required. If you have any questions, please call 406-758-5705 or email clewis(a)kalispell.com. Sincerely, /n Casey Lewis Environmental Specialist Public Works Department City of Kalispell 201 1st 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 ,. 312 First Avenue East Cec Lee —Executive Secretary KALISPELL Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 Monday, December 21, 2020 Mike Brodie, P.E. W GM Group 431 lst Avenue West Kalispell MT, 59901 Re: Final plat Silverbrook Phase 213-13 Dear Mike, In reviewing conditions found in Section 17 of the Silverbrook Phase 2B-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 2B-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 ofprofessionalism." 1Af WGMGROUP Co nln i unity V a I Ir, o-i-ed FLit ire 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-Block25 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 YV minus backfill S. Soil proctor/gradation for 3" minus backfill cc: 431 V Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Parks and Recreation Dept December 28, 2020 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Silverbrook Phase 213-13 Dear PJ: M"NTA NA This letter is to serve as approval on the proposed landscaping plans for Silverbrook Phase 213-13 per the plans submitted on 12/4/20. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for Silverbrook Phase 2B-B. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 1/4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Any landscape revisions or substitutions need to be authorized prior to installation. You will need to coordinate with Public Works for any permits/approvals of working in the right of ways prior to working in the right of way. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, at which time any bonding that has been submitted will 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 306 J'Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719 www.kalispelfcom UNITED STATES J POSTAL SERVICE Mike Brodie Project Engineer WGN Group 431 1"Ave W. Kalispell, MT 59901 December 29, 2020 Mike - I have reviewed the plat for the new lots included in the Silverbrook Phase 2B-B plat. The Central Box Unit (CBU), planned for installation along the west side of East Monture Ridge would be an acceptable location for these new lots. This location was discussed and agreed upon on 8/11/2020 and also referenced in the letter of the same date. This approval is given 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 Larry A. Golie Postmaster 350 N. Meridian RD Kalispell, MT 59901-9998 406-257-9796 E Lawrence.A.Golie@USPS.GOV FCA Flathead Station UNITED STATES A POSTAL SERVICE "Efficiency is doing things right; Effectiveness is doing the right things. "— Peter Drucker CC. File FCA GIS FCA Planning Division