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I01. Final Plat Village Heights, Lot 1CITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Development Services Department 201 lst Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine SUBJECT: Final Plat request for the Amended Plat of Lot 1 of Village Heights Professional Center Subdivision MEETING DATE: August 16, 2021 BACKGROUND: Our office has received an application for final plat approval from WGM Group, on behalf of PTA Development, LLC, for a 2-lot subdivision on approximately 1.43 acres of land zoned RA-2 (Residential Apartment/Office). The subject property is located at 105 Village Loop. The property can be described as Lot 1 of the Plat of Village Heights Professional Subdivision, on file and of record in Flathead County, Montana, located in the southwest quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved the preliminary plat with 11 conditions on April 2, 2018 (Resolution 5861). A two-year extension was granted on March 15, 2021 (Resolution 6016). All of the conditions have been met or otherwise adequately addressed. The attached report summarizes the applicant's compliance with the conditions of approval. RECOMMENDATION: It is recommended that the City Council approve the final plat for the Amended Plat of Lot 1 of Village Heights Professional Center Subdivision. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: August 5, 2021 c: Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL August 5, 2021 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 for the Amended Plat of Lot 1 of Village Heights Professional Center Subdivision Dear Doug: Our office has received an application for final plat approval from WGM Group, on behalf of PTA Development, LLC, for a 2-lot subdivision on approximately 1.43 acres of land zoned RA-2 (Residential Apartment/Office). The subject property is located at 105 Village Loop. The property can be described as Lot 1 of the Plat of Village Heights Professional Subdivision, on file and of record in Flathead County, Montana, located in the southwest quarter of Section 32, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana. The Kalispell City Council approved the preliminary plat with 11 conditions on April 2, 2018 (Resolution 5861). A two-year extension was granted on March 15, 2021 (Resolution 6016). All of the conditions have been met or otherwise adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted, and a subdivision improvement agreement is not required. 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. Staff Response: This condition has been met. The final plat is in substantial compliance with the application and the conditions of the preliminary plat. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat was approved April 2, 2018, and was extended on March 15, 2021. It is valid until March 15, 2023. 3. The developer shall submit to the Kalispell Public Works Department for review and approval a stormwater report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Staff Response: There is existing development on Lot IA and no development or design has been submitted for Lot 1B. The drainage plan will be reviewed in conjunction with the building permit and site review for the future project. This condition has been adequately addressed. 4. The developer shall submit to the Kalispell Public Works Department, prior to construction, an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Stormwater Discharge Associated with Construction Activities. Staff Response: There is existing development on Lot IA and no development or design has been submitted for Lot 1B. The drainage plan will be reviewed in conjunction with the building permit and site review for the future project. This condition has been adequately addressed. 5. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. A letter from the Kalispell Public Works Department dated August 9, 2021, is attached. 6. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within Village Loop. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. A letter from the Kalispell Parks and Recreation Department dated July 29, 2021, is attached which approves the landscaping plan. 7. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. A letter from the Kalispell Public Works Department dated August 9, 2021, is attached accepting the required easements. 8. The developer shall comply with all recommendations of the geological investigation report completed by Alpine Geotechnical. Staff Response: At the time of development of Lot 1B, the developer shall comply with all recommendations of the Geotech report completed by Alpine Geotechnical that was included with the preliminary plat. The report did not affect any improvements associated with this amended plat and the condition is met. 9. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The note appears on the final plat. 10. All utilities shall be installed underground. Staff Response: This condition has been met. All utilities are underground. 11. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition is met, and disturbed areas during the development of Lot 113 will be revegetated with a weed free mix. 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 RA-2 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 for the Amended Plat of Lot 1 of Village Heights Professional Center Subdivision. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat - Applicant letter responding to conditions dated 2/9/21 - Final plat application - DEQ Approval EQ921-1112 dated 1/14/21 - Kalispell Public Works acceptance and easement letter dated 8/9/21 - Kalispell Parks Dept letter dated 7/29/21 - First American Title Report 5010500-930833-CT - Consent to Plat from First Interstate Bank dated 9/25/20 - Flathead County tax certification dated 3/4/21 c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: WGM Group, 431 1st Avenue W, Kalispell, MT 59901 OWNER LOT 1 OF VILLAGE HEIGHTS PROFESSIONAL CENTER SUBDIVISION A SUBDIVISION IN THE CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA LOCATED IN THE SW 114 OF SECTION 32, T. 29 N., R. 21 W. PRINCIPAL MERIDIAN, MONTANA WGMGROUP u NOTES woEoaa 11o='I ,wo I,'—VoM mZ21 Kwo or M<,IXILI Is R > MEo. snwo o, Preo�o,o �o reo,wa �.n o,. or kw��ao oreow,w11 1- re(si of A- PLAT OF LOT 1 OF VILLAGE HEIGHTS PROFESSIONAL CENTER SUBDIVISION A SUBDIVISION IN THE CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA LOCATED IN THE SW 114 OF SECTION 32, T. 29 N., R. 21 W. PRINCIPAL MERIDIAN, MONTANA LEGEND 1-1 ore Fn,a, 5n Gl �wcu aaow v�u s,nns� � Q�T32 6 s,.00 — �0 sa Ta' rtu� zA,+wT+ • Fourvo S/e T,. recaur � �t, ,s$ SOS .,. 55e•� � szas' as e+------__ rourvo , �/, �� vEuow a�urie em � e " ----- � � zP a)s i c Ta,s m� 11 , T of Lms,n x,e. iu —F—.— N [ noc,ns saEFT rooaEss a E111—A 11 — — Faana are s<T. BUFFALO STAGE ROAD BASIS OF BEARINGS o„TFrery<TE— FlEll 1E oryo�n�om Q Q O � � _____________ sa s3,'os'c ^i � z F +Ts,a+ ______________________________ �a �o _ =Fw<re vacuewr - are -------------------,,,,,- saa,. rea F —` . a.O 7 , M1 \GNP TON E w e� _ 6 LOT , ne anTs i eo�nsoH o ssszr�e Fo DIFT—El e o„ T_______________ Meg s+'oo'W 5rez) VT. ss _ fNF Foa Easr urvE VILLAGE LOOP a..�.Po. s � i -------------- ESN 1� TI I I w I Gee WGM GROUP ' AREAS mass ,wcn - i.0 �mcs ��. SHEET 2 of z 4 &WGMGROUP' Community Values. Inspired Futures. July 27, 2021 Jarod Nygren, Director Kalispell Planning Department 201 1" Avenue East Kalispell, MT 59901 Re: Final Plat Approval for Village Heights Dear Jarod: As surveyor of record for the Amended Plat of Lot 1 of Village Heights Professional Center, I hereby certify that all of the conditions stated in Resolution No. 5861 have been addressed to the best of my knowledge. Enclosed is the Final Plat application Amended Plat of Lot 1 of Village Heights Professional Center. The conditions of approval have been met as follows: 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. The development of the site is in substantial compliance with the application submitted as approved by the city council. Lot 1A has been fully developed under previously approved City of Kalispell plans. Lot 1B has no planned development at this time. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. The preliminary plat was approved April 2nd, 2018 and was valid for three years expiring on April 2nd, 2021. An extension was granted on March 15, 2021 and will be valid for two additional years. 3. The developer shall submit to the Kalispell Public Works Department for review and approval, a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. A storm water report and a drainage plan was submitted to the Kalispell Public Works Department for review and has been approved for the existing development on Lot 1A only. Please see enclosed Public Works Engineering Approval Letter. There is no development or design currently planned for Lot 1B. A sanitary sewer service line has been installed for Lot 1B and was inspected and approved by the City 431 1s`Avenue West, Kalispell, MT 59901 1 OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Kalispell Planning Department 7/27/2021 Page 2 of 3 of Kalispell on May 21, 2021. A note has been included on the final plat that restricts development of Lot 1B until an onsite drainage plan and storm water report has been submitted and approved by the Public Works Engineering Department. 4. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. There is no development or design currently planned for Lot 113. An erosion control plan will be submitted and coordinated with the Kalispell Public Works Department and MDEQ at the time of Lot 1B development. 5. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. A letter from the Kalispell Public Works Department has been submitted stating that all new infrastructure on Lot IA has been accepted by the City of Kalispell. Please see enclosed Public Works Engineering Approval Letter. There is no development or design currently planned for Lot 113. A Certificate of Subdivision Approval (COSA) has been issued (MCA 76-4-114) and is enclosed. The sewer service line to Lot 1B has been installed and approved by City of Kalispell on May 21, 2021 6. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within Village Loop. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. The Village Loop frontage along both lots have established trees that were planted as part of the previous subdivision. No additional landscape plan is required at this time. Letter from Kalispell Department of Parks and Recreation attached. 7. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. All existing and proposed easement are shown on the face of the enclosed final plat. A letter from the Kalispell Public Works Department is included. Kalispell Planning Department 7/27/2021 Page 3 of 3 8. The developer shall comply with all recommendations of the geological investigation report completed by Alpine Geotechnical. At the time of development of Lot 1B, the future lot owner/developer shall comply with all recommendations of the geological investigation report completed by Alpine Geotechnical. 9. 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 The above note is included on the final plat. 10. All utilities shall be installed underground. All utilities supporting Lot 1A and Lot 1B have been installed underground; no overhead or above ground utilities are proposed for the development. 11. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. At the time of development of Lot 1B, all disturbed areas will be re -vegetated with a weed -free mix. Sincerely, WGM Group, Inc. Kristine McMahon, PLS Project Surveyor Planning Department 201 V Avenue East CITY OF Kalispell, MT 59901 Phone: (406) 758-7940 Fax:39]K,ALISPEwww.kalispell.com/planning FINAL PLAT APPLICATION Project /Subdivision Name: RE -SUBDIVISION OF LOT 1 OF VILLAGE HEIGHTS PROFESSIONAL CENTER SUBDIVISION Contact Person: Owner & Mailing Address: Name: KRISTINE MCMAHON PTA DEVELOPMENT, LLC Address: 431 1ST AVE W 690 N. MERIDIAN DRIVE KALISPELL, MT 59904 KALISPELL, MT 59901 Phone No.: 406-756-4848 Date of Preliminary Plat Approval: APRIL 2, 2018 Type of Subdivision: Residential Industrial Commercial X PUD Other Total Number of Lots in Subdivision 2 Land in Project (acres) 1.43 Parkland (acres) Cash -in -Lieu $ Exempt X No. of Lots by Type: Single Family Townhouse Mobile Home Park Duplex Apartment Recreational Vehicle Park Commercial 2 Industrial Planned Unit Development Condominium Multi -Family Other Legal Description of the Property LOT 1 OF VILLAGE HEIGHTS PROFESSIONAL CENTER SUBDIVISION IN SW 1/4 OF SEC. 32, T. 29 N., R. 21 W, P.M.,M., CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA FILING FEE ATTACHED $ 1,050.00 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 1 Attached Not Applicable (MUST CHECK ONE) X Health Department Certification (Original) X Title Report (Original, not more than 90 days old) X Tax Certification (Property taxes must be paid) X Consent(s) to Plat (Originals and notarized) X Subdivision Improvements Agreement (Attach collateral) X Parkland Cash -in -Lieu (Check attached) X Maintenance Agreement X Plats: 2 mylars 1 11X17 Copy 1 full size copy 1 Electronic Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. "NOTE: Please be advised that the County Clerk & Recorder requests that all subdivision final plat applications be accompanied with a digital copy. Owner(s) Signature 02/12/2021 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 PA MoDPEQ W Environmental Quality January 14, 2021 Benjamin Rankin PE WGM Group 1111 East Broadway Missoula MT 59808 RE: Village Heights Professional Center Lots IA and IB Flathead County E.Q.#21-1112 Dear Mr. Rankin: The plans and supplemental information relating to the water supply, sewage, solid waste disposal, and storm drainage (if any) for the above referenced division of land have been reviewed as required by ARM Title 17 Chapter 36(101-805) and have been found to be in compliance with those rules. Two copies ofthe Certificate of Subdivision Plat Approval are enclosed. The original is to be filed at the office of the county clerk and recorder. The duplicate is for you personal records. Development of the approved subdivision may require coverage under the Department's General Permit for Storm Water Discharges Associated with Construction Activity, if your development has construction -related disturbance of one or moreacre. If so, please contact the Storm Water Program at (406) 444-3080 for more information or visit the Departments storm water construction website at httpi/w deg state mt us/wainfo/MPDES/StormwaterConstruction M. Failure to obtain this permit (if required) prior to development can result in significant penalties. In addition, vow project maybe subject to Federal regulations relating to Class V injection wells Please contactthe United States Environmental Protection Agency regarding specific mles that may apply. You copy is to inform you of the conditions of the approval. Please note that you have specific responsibilities according to the plat approval statement primarily with regard to informing any new owner as to any conditions that have been imposed. If you have Buy questions, please contact this office. Sincerely, 4" Ashley KroopAripervisor Subdivision Review Section AK/le co: County Sanitarian County Planning Board (e-mail) Owner Steve Bullock, Governor I Shaun McGrath, Director 1 P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATE OF SUBDIVISION APPROVAL (Section 76-4-101 cl vgq., MCA) TO: County Clerk and Recorder E.Q. #21-1112 Flathead County Kalispell, Montana THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision known as Village Heights Professional Center— Lots 1A and 1B A resubdivision of Lot 1 of Village heights Professional Center Subdivision in the SW 1A SW '/s Section 32, T29N., R21W., P.M.,M., Flathead County, Montana, consisting of two lots, have been reviewed by personnel of the Water Quality Division, and, THAT the documents and data required by ARM Chapter 17 Section 36 have been submitted and found to be in compliance therewith, and, THAT the approval of the Plat is made with the understanding that the following conditions shall be met: THAT the lot sizes as indicated on the Plat to be filed with the county clerk and recorder will not be further altered without approval, and, THAT Lot IA shall be used for one existing commercial building, and, THAT Lot 1B shall be used for one proposed commercial building, and, THAT the public water supply system will be provided through connections to the Evergreen Water and Sewer District, and, THAT the public sewage treatment system will be provided through connections to the City of Kalispell Advanced Wastewater Treatment and Biological Nutrient Removal Facility, and, THAT the stonnwater plan was exemptfrom review, for subdivisions located entirely within a Municipal Separate Storm Sewer System (MS4) general permit area, and, THAT the operation and maintenance of the water supply, sewage treatment system, and stormwater facilities shall be the responsibility of the Evergreen Water and Sewer District and the City of Kalispell, and, THAT no sewage treatment system shall be constructed within 100 feet of the maximum highwater level of a 100 year flood of any steam, lake, watercourse, or irrigation ditch, —within 100 feet of any domestic water supply source, and, Page 2 Village Heights Professional Center —Lot 1B Flathead County E.Q. #21-1112 THAT the water supply systems, sewage treatment systems and storm drainage systems will be located as shown on the approved plans, and, THAT all sanitary facilities m t be located as shown on the attached lot layout. an THAT the developer and/ r owner of record hall provide die purchaser ofpwpeM with a copy of th Plat approved location of waters pply and se+ treatment 5ystem as shown on the attached lot la„ ut, and a copy of this document and THAT instruments of transfer for this property shall contain reference to these conditions, and, THAT plans and specifications for any proposed sewage meatmcnt systems will be reviewed and approved by the county health department and will comply with local regulations and ARM, Title 17, Chapter 36, Subchapters 3 and 9, before construction is started. THAT deparnue from any uituia set forth in the approved plans and specifications and Title 17, Chapter 36, Sub -Chapters 1, 3, and 6 ARM when erecting a structure and appurtenant facilities in said subdivision without Department approval, is grounds for injunction by the Department of Environmental Quality. THAT pursuant to Section 764122 (2)(a), MCA, a person must obtain the approval of both the reviewing authority under Title 76, Chapter 4, MCA, and local board of health officer having jurisdiction, before filing a subdivision plat with the county clerk and recorder. YOU ARE REQUESTED to record this certificate by attaching it to the Plat fled in your office m required by law. DATED this W day of January, 2021 CHRISTOPHER DORRINGTON DIRECTOR Bp. Ashley Loon, PE Supervisor Engineering Bureau Water Quality Division Department of Envionmental Quality Owner's Name: Ryan Robinson/PTA Development, LLC LEGEND PR�Egtt a°° --------------- ----------- -loom, BMW - - - - - - - .9 i �° � E / K,c°.Dv BlILDi11 0 ED of .s —1 / a� D�s�95AR.DSEwER M.II. I I 1 i l � v';r OF— I wErea I I; l i i Eus9xc .\ I r---------- � ® S-1 DR,N 11111L, E I p I I mun„�rr m'au6r�aon I I li I J I LI=IJ_Ll �� LEGAL DESCRIPTION: SEC110N 32 T. 29 K. mr r.M �I I P.. JI -- _w HLLAC+ LO=p r— �I\ T----------- I I � I I I I AMU FOR REVIEW WGM'G,ROUP 9/22D ---------{------------------ I I � I I I I 01 PLO aRmBa���� PP Oei a� �orta�n e�` � �Oate e� L 0 o J e 0 C I \ N I \ 5 I � �JANUARY14,2021 OF 1 CITY OF KALISPELL August 9, 2021 Kristine McMahon, PLS Land Surveyor W GM Group 431 1st Ave West Kalispell, MT 59901 Re: Lot 1 of Village Heights Professional Center Subdivision Dear Ms. McMahon, All public infrastructure constructed for Lot 1 of Village Heights Professional Center Subdivision and proposed to be transferred to the City of Kalispell has been designed and constructed in accordance with MDEQ and City Design and Construction Standards, has been tested and certified by a Montana licensed Professional Engineer. Condition 5 of the Preliminary Plat conditions is hereby deemed satisfied. The Final Plat for Lot 1 of Village Heights Professional Center Subdivision has been reviewed by the Department of Public Works to ensure conformance with the City of Kalispell Design and Construction Standards for required easements and right-of-ways. All required easements and right-of-ways have been determined to be acceptable. Condition 7 of the Preliminary Plat conditions is hereby deemed satisfied. Sincerely, Keith H"ins, City Engineer 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 CITY OF KALISPELL July 29, 2021 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 Re: Lots IA & 1B of Village Heights Professional Center Subdivision Dear PJ: This letter is to serve as approval on the proposed landscaping plans for Lots IA & 1B of Village Heights Professional Center Subdivision, per plans submitted by WGM Group on July 22, 2021. It is agreed that Kalispell Parks and Recreation will review further development of the site through the Site Review process and may require boulevard trees as part of the approval. Rock in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized by Kalispell Parks and Recreation prior to installation. Prior to any future construction, a detailed landscape and irrigation plan will need to be submitted to Kalispell Parks and Recreation for approval. Landscape plans will need to include the following: detailed irrigation plan including zones and coverage, seed or sod to be used, proposed mulch, trees (locations and species), and other planting materials. If you have any concerns or questions, please give me a call. Sincerely, ld� �— Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation GUARANTEE Issued by First American Title Company 219 East Center Street/PO Box 1310, Kalispell MT 59901 Title Officer.- Ted Gigrich Phone: (406)752-5388 FAX (714)852-4242 File No. 930833-CT Cover Page FS� PMERIfF FirstAmerican Title" Form 5010500 (7-1-14) Guarantee Number: 501055- Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY ram- sir - FirstAmeriean Title T`, First American Title Insurance Company 1 oenris I Gi nwre. NeskWM Greg L Srtrth. Secretary This jacket was created electronically and constitutes an original document File No. 930833-CT Page 2 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 2. 2. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the parry or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of File No. 930833-CT Page 3 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. 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 File No. 930833-CT Page 4 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. PAYMENT OF LOSS. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. SUBROGATION UPON PAYMENT OR SETTLEMENT. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. ARBITRATION. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at First American Title Insurance Company, Attn: Claims National Intake Center, 1 First American Way, Santa Ana, California 92707. Phone:888-632-1642. File No. 930833-CT Page 5 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 tea' 'r v ` First American Utle Guarantee Subdivision Guarantee 1st Revision ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-930833-CT Subdivision or Proposed Subdivision: LOTS 1A & 1B OF VILLAGE HEIGHTS PROFESSIONAL CENTER SUBDIVISION Order No.: 930833-CT Reference No.: Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: PTA Development, LIC FOR THE PURPOSES OF AIDING ITS COMPLIANCE WITH FLATHEAD COUNTY SUBDIVISION REGULATIONS, in a sum not exceeding $5,000.00. THAT according to those public records which, under the recording laws of the State of Montana, impart constructive notice of matters affecting the title to the lands described on the attached legal description: LOT 1 OF VILLAGE HEIGHTS PROFESSIONAL CENTER SUBDIVISION, AS PER MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: PTA Development, LLC and First Interstate Bank (B) Parties holding liens or encumbrances on the title to said lands are: 2021 taxes and special assessments are a lien; amounts not yet determined or payable. The first one-half becomes delinquent after November 30th of the current year, the second one-half becomes delinquent after May 31st of the following year. General taxes as set forth below. Any amounts not paid when due will accrue penalties and interest in addition to the amount stated herein: Year 1st Half 2nd Half Parcel Number 2020 $10,050.25 $10,050.23 75-0502791 (PAID) (NOT PAID) File No. 930833-CT Page 6 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Deed of Trust dated November 9, 2017, to secure an original indebtedness of $1,331,689.00, and any other amounts and/or obligations secured thereby Recorded: December 8, 2017, as Instrument No. 2017-00030128 Grantor: PTA Development, LLC Trustee: First American Title Co. Beneficiary: First Interstate Bank Modification Agreement recorded September 18, 2018, Instrument No. 2018-00022947. (C) Easements, claims of easements and restriction agreements of record are: 3. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. 4. Agreement upon the terms, conditions and provisions contained therein: Parties: Julius Bruyer, George W. Hyde and Walter L. McPheeters and James W. McPheeters Recorded: July 14, 1906, in Book 54, Page 635 Said agreement was modified by document recorded March 6, 1915, in Book 112, Page 332, as Instrument No. 697. Easement for electric transmission and distribution line ... ingress and egress granted to Pacific Power & Light company, recorded December 2, 1985 as Instrument No. 85-336-14170. 6. Certificate of Inclusion into the Flathead County Water District #1 - Evergreen, recorded March 26, 1986, as Instrument No. 86-085-13410. 7. Easement for electric transmission and distribution line granted to Pacificorp, a corporation, dba Pacific Power & Light Company, recorded November 18, 1998 as Instrument No. 1998-322-09040. 8. Water Well Easement and Agreement upon the terms, conditions and provisions contained therein: Parties: Valley Venture, LLC and Village Plaza Incorporated Recorded: September 9, 2005, as Instrument No. 2005-252-13220 9. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the recorded plat of Village Heights and the Amended Plat of Lots 4A and 4B Village Heights, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). 10. Terms and conditions of document executed by Montana Department of Environmental Quality, recorded December 1, 2006, Instrument No. 2006-335-15340. 11. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the pending plat of LOTS 1A & 113 OF VILLAGE HEIGHTS PROFESSIONAL CENTER SUBDIVISION , but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin to the extent such covenants, conditions or restrictions violate 42 USC 3604(c). Date of Guarantee: February 16, 2021 at 7:30 A.M. File No. 930833-CT Page 7 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 First American Title Company By: Authorized Countersignature File No. 930833-CT Page 8 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 FirstAi-ncrican 771tic'°' Privacy Notice Effective: November 1, 2019 Notice Last Updated: November 1, 2019 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates (together referred to as "First American," "we," "us," or "our' collect, use, store, and share your information. This Privacy Notice applies to information we receive from you offline only, as well as from third parties. For more information about our privacy practices, please visit https://www.firstam.com/privacy-policy/index.html. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Tvne of Information Do We Collect About You? We collect both personal and non -personal information about and from you. Personal Information is non -pubic information that can be used to directly or indirectly identify or contact you. Non -personal information is any other type of information. How Do We Collect Your Information? We collect your personal and non -personal information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We Use Your Information? We may use your personal information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. We may use your non -personal information for any purpose. How Do we Share Your Personal Information? We do not sell your personal information to nonaffiliated third parties. We will only share your personal information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. If you have any questions about how First American shares your personal information, you may contact us at dataprivacy@firstam.com or toll free at 1-866-718-0097. How Do We Secure Your Personal Information? The security of your personal information is important to us. That is why we take commercially reasonable steps to make sure your personal information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your personal information. How Lona Do We Keep Your Personal Information? We keep your personal information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your personal information. In accordance with applicable law, your controls and choices. You can learn more about your choices, and exercise these controls and choices, by sending an email to dataprivacy@firstam.com or toll free at 1-866-718-0097. International Jurisdictions: Our Products are hosted and offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your personal information to us in the US, and you consent to that transfer and use of your personal information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact us dataprivacy@firstam.com or toll free at 1-866-718-0097. © 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF FirstArnerican -rt1c:- For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 ("CCPA'. All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Riaht to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure of your personal information; (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097 and submitting written proof of such authorization to dataprivacy@firstam.com. Riaht of Deletion. You also have a right to request that we delete the personal information we have collected from you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097 and submitting written proof of such authorization to dataprivacy@firstam.com. Verification Process. For either a request to know or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the personal information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Riaht to Opt -Out. We do not sell your personal information to third parties, and do not plan to do so in the future. Riaht of Non -Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, First American will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Collection Notice. The following is a list of the categories of personal information we may have collected about California residents in the twelve months preceding the date this Privacy Notice was last updated, including the business or commercial purpose for said collection, the categories of sources from which we may have collected the personal information, and the categories of third parties with whom we may have shared the personal information: Categories of The categories of personal information we have collected include, but may not be limited to: real name; signature; Personal alias; SSN; physical characteristics or description, including protected characteristics under federal or state law; Information address; telephone number; passport number; driver's license number; state identification card number; IP address; Collected policy number; file number; employment history; bank account number; credit card number; debit card number; financial account numbers; commercial information; internet or other electronic network activity; geolocation data; audio and visual information; professional or employment information; and inferences drawn from the above categories to create a profile about a consumer. Categories of Categories of sources from which we've collected personal information include, but may not be limited to: the Sources consumer directly; public records; governmental entities; non-affiliated third parties; social medial networks; affiliated third parties. Business The business purposes for which we've collected personal information include, but may not be limited to: Purpose for completing a transaction for our Products; verifying eligibility for employment; facilitating employment; performing Collection services on behalf of affiliated and non-affiliated third parties; debugging to identify and repair errors that impair existing intended functionality on our Websites, Applications, or Products; protecting against malicious, deceptive, fraudulent or illegal activity. Categories of The categories of third parties with whom we've shared personal information include, but may not be limited to: Third Parties advertising networks; internet service providers; data analytics providers; service providers; government entities; Shared operating systems andplatforms; social media networks; non-affiliated thirdparties; affiliated third parties. © 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF FrrstAinerrcarn Title — Categories of Personal Information we have Sold In the Past Year. We have not sold any personal information of California residents to any third party in the twelve months preceding the date this Privacy Notice was last updated. Categories of Personal Information Disclosed for Business Purpose In The Past Year. The following is a list of the categories of personal information of California residents we may have disclosed for a business purpose in the 12 months preceding the date this Privacy Notice was last updated: The categories of personal information we have collected include, but may not be limited to: real name; signature; alias; SSN; physical characteristics or description, including protected characteristics under federal or state law; address; telephone number; passport number; driver's license number; state identification card number; IP address; policy number; file number; employment history; bank account number; credit card number; debit card number; financial account numbers; commercial information; internet or other electronic network activity; geolocation data; audio and visual information; professional or employment information; and inferences drawn from the above categories to create a profile about a consumer. © 2019 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Consent to Platting and Dedication: Pursuant to 76-3-612, M.C.A, the undersigned First Interstate Bank, Lender under that certain Deed of Trust and Modification of Deed of Trust identified as follows: Date: Grantor/Borrower: Document Number December 8, 2017 PTA Development, LLC # 201700030128 Date: September 18, 2018 Grantor/Borrower: PTA Development, LLC Document Number: # 201800022947 '0'0Wtstl�"'� �` f r,cla>�rviv��n�� Signature nd Title Printed Name and Date Does hereby join in and consent to the platting of the following described lands located in Flathead County, Montana, which lands are subject to the lien of the above referenced Lendor: HOLLY R RYAN Acknowledgement * * * * O�`o R,Ryy NOTARY PUBLIC for the a� 2 State of Montana * SEAL * Residing at Kalispell, Montana State of Montana ) N9lFOFMO�PaQ My Commission Expires )ss March 14, 2021 County of Flathead ) This instrument was acknowledged before me on this ZS day of 2020 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: PTA Developement DATE: 02/18/21 DESCP : Lot 1 of Village Heights Professional PURPOSE : Final Plat Center Sub YEARS ASSESSOR # 2018 thru 2020 0502791 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. AN 04 t Deputy Tre rer (seal)