Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
H5. Northland, Ph 2, Lot 52 Final Plat
-7w CITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalisuell.com/planning SUBJECT: Final plat request - Resubdivision of Lot 52 Northland Subdivision, Phase 2 MEETING DATE: September 7, 2021 BACKGROUND: Breckenridge Surveying and Mapping submitted a request, on behalf of Kalispell Public Schools Student Built Homes, for final plat approval of the Resubdivision of Lot 52 Northland Subdivision, Phase 2, which is a 2-lot residential subdivision on 0.42 acres. The property is located at 176 Parkridge Drive and can be described as Lot 52 of Northland Subdivision Phase 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The City Council approved the preliminary plat with 20 conditions on April 5, 2021 (Resolution 6017). All of the conditions have been met or adequately addressed. All infrastructure has been installed and accepted, and a subdivision improvement agreement is not required. RECOMMENDATION: It is recommended that the City Council make a motion to approve the final plat for the Resubdivision of Lot 52 Northland Subdivision, Phase 2. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: August 23, 2021 c: Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL August 23, 2021 Doug Russell, City Manager City of Kalispell 201 1st Ave E Kalispell, MT 59901 Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Re: Final Plat request for the Resubdivision of Lot 52 Northland Subdivision, Phase 2 Dear Doug: Breckenridge Surveying and Mapping submitted a request, on behalf of Kalispell Public Schools Student Built Homes, for final plat approval of the Resubdivision of Lot 52 Northland Subdivision, Phase 2, which is a 2-lot residential subdivision on 0.42 acres. The property is located at 176 Parkridge Drive and can be described as Lot 52 of Northland Subdivision Phase 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The City Council approved the preliminary plat with 20 conditions on April 5, 2021 (Resolution 6017). All of the conditions have been met or 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 General Conditions: 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 development is in compliance. 2. All applicable conditions within Ordinance 1495 (Northland PUD) shall apply. Staff Response: This condition has been met. The development is in compliance with the conditions of the Northland Planned Unit Development. 3. 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 on April 5, 2021. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. Staff Response: This condition has been met. The infrastructure associated with this project was installed this summer as part of a different phase of Northland and was reviewed and approved separately as part of that subdivision. 5. Sewer service will be provided by the City of Kalispell with an extension of an existing sanitary sewer main within Parkridge Drive or alternatively within Barron Way. Due to depth issues and the location of the terminus of the main, there may need to be a reconstruction of a segment of the existing line. Final plat of this subdivision shall not be granted until an appropriate extension is constructed and accepted by the City. Staff Response: This condition has been met. A letter from the Public Works Department dated July 27, 2021, is attached accepting the improvements. 6. The sewer main extension shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the sewer main has been built and tested as designed and approved. Staff Response: This condition has been met. A letter from the Public Works Department dated July 27, 2021, is attached accepting the improvements. 7. The developer shall submit sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. A letter from DEQ dated August 11, 2021, and the MFE dated July 13, 2021, are attached. 8. If necessary, 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. Staff Response: This condition has been met. Construction on the property will obtain a stormwater permit prior to the issuance of a building permit. 9. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. A letter from the Public Works Department dated July 27, 2021, is attached accepting the improvements. 10. All easements and/or rights -of -way 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. A letter from the Public Works Department dated August 24, 2021, is attached approving the easements. 11. A letter from the Kalispell Fire Department approving the access, placement of any fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. Staff Response: This condition has been met. A letter from the Kalispell Fire Department dated June 30, 2021, is attached approving the access, hydrants and fire flows. 12. 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. 13. 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. Staff Response: This condition has been met. A letter from the USPS dated August 24, 2021, is attached. 14. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the final plat. 15. The newly created lot shall be incorporated into the homeowner's association (HOA) in order to provide for access to the park and maintenance of the common areas. Staff Response: This condition has been met. The applicant has submitted covenants applicable to the property including the original covenants for Northland and the annexation document incorporating this property into the overall homeowners association. 16. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Staff Response: This condition has been met. All of the required infrastructure has been completed and accepted by the City. 17. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Staff Response: This condition has been met. Utilities were placed underground. 18. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. 19. The street name shall be corrected on the final plat. Staff Response: This condition has been met. The correct street name appears on the final plat. 20. No building permits shall be issued on the property until the final plat has been recorded. The sanitary sewer main must be installed and approved prior to final plat. A final plat application must be submitted at least thirty (30) days prior to the City Council meeting when it will be considered. Staff Response: This condition has been met. A building permit is pending and may be issued after the final plat is recorded. 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-3 zoning for the property, as well as the Northland Planned Unit Development overlay. RECOMMIJNDATION: 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 Resubdivision of Lot 52 Northland Subdivision, Phase 2. Attachments: - Two mylars of final plat - Copy of final plat - Applicant responses and final plat application dated 7/28/21 - Flathead County tax certification dated 8/11/21 - Fidelity Title Insurance Guarantee 5010500-987328-FT dated 7/2/21 - Consent to Plat from Glacier Bank dated 7/29/21 - Montana DEQ approval letter dated 8/11/21 - MFE dated 7/13/21 - Letter from Public Works accepting infrastructure dated 7/27/21 - Letter from Public Works approving easements dated 8/24/21 - Letter from USPS dated 8/24/21 - Letter from Kalispell Fire Department dated 6/30/21 - Letter from Homeowners Association dated 8/2/21 - CCRs and Declarations of Annexation c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Breckenridge Surveying and Mapping 2302 Hwy 2 E 96 Kalispell, MT 59901 BY BRcC,YEENR/OGESUR4cYfNGANJMAPP/Mx PLLG ( ur trsc r(EFINAL M...4TJF _ ���Er THERESUBD/(//SIOA/OFLOT52 NORP11-41VD Sl/BDIVISLON, PH.4SE2 TNESW 1/4OFTNENW t/40FSE7C7701V 7, 7-28N., R. 22Wy PR/NC/R4L Al/-ROMAI CITYO-K&ISPELL, FLATHEALl COUNTY, WON74NA �- 0 Lot 528 8566.1 ACRES.., Lat 52A 3" ssoo.b sgRaFaar � --------------------- `e LEGEND CERT/F/C,4TEOfSUR!/EYOR Development Services Department 2011st Avenue East el[, A I<AILIISPELIL Phone (46) 7W7940 FINAL PLAT Email: a i l Website: ww►n►.kalispell.com Project Name Northland Ph 2 Lot 52 Property Address 176 Parkrid a Drive NAME OF APPLICANT Kalispell Student Built Homes I Applicant Phone 406.890.0391 Applicant Address 233 1 st Ave East City, State, Zip Kalispell, MT 59901 Applicant Email Address andersonb sd5.k12.mt.us if not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Kalispell Student Built Homes Owner Phone 406.890.0391 Owner Address 233 1st Ave East City, Stets, Zip Kalispell, MT 59901 Owner Email Address andersonb@sd5.k1 2.mt.us CON SULTAN T (ARCHITECTlENGINEER) Breckenrid a406.261.7758 7honeRick Address 2302 Hwy2 East#fi City, State, Zip Kalis ell MT 59901 Email Address rbreck77@yahoo.com POINT OF CONTACT FOR REVIEW COMMENTS Phone Rick Breckenridge 406.261.7758 Address 2302 Hwy2 East #6 City, State, Zip Kalispell, MT 59901 Email Address rbreck77 ahoo.com List ALL owners (any individual or other entity with an ownership interest in the property) - Kalispell Student Built Homes, a domestic non profit Glacier Bank Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Lot 52 Northland Subdivision Ph 2 RB Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. q 11 KFP- 2t-0 C--) KALISPELL Development Services Department 20111it Avenue East Kalispell, MT 59901 Phone (406) 7W7940 t . Data of preliminary Plat Approval April 5 2021 2. Type of Subdivision: Resldemialz IndustrialD Commarcialo PUD[3 Other 3. Total number of lots in Subdivision: 2 4. Land In Project (acres) 0.72 tf. Cash -In -lieu $ 4. Parkland (acres) 7. Exempt x S. Number of lots by type: Single Family 2 Muttl-Family Commerclallindustrial Mobile Home RV Park Townhouse (sublets) Other INSTRUCTIONS FOR FINAL PLAT 1. Attach a letter, which fists 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 certifcabon, etc_ original letters shall be submitted- Blank statements stating for example "all improvements are in place" are not acceptable. 2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat 3 Please verify the final plat with staff and submit to the county 509 comrroflee prior to submitbrig mylars. REQUIRED SUBMITTALS Atta ed Cover letter addressing preliminary plat conditions Ydattachments Title Report (Original, not more than 90 days old) �^ Tax Certification (Property Taxes must be paid) Consent(s) to Plat (Originals and notarized) Subdivision Improvement Agreement (Attach signed original tip collateral) Parkland Gash -in -lieu (Check attached) Water rights transfer Copy of CCR's Plats (2 mylars & 1 electronic copy) - other attachments required per appendix D of subdivision regulations Not Applicable I hereby certify under penatty of perjury and the laws of the State of Montana that the Information submitted herein, on all other submitted forms, documents, plans or any other Information submitted as a part of this application, to be true, complete, and accurate to the best of my knovAedge. Should any information or representation submitted In connection with this application be Incorrect or untrue, I understand that arty approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff tc nt on the properl�10,lr utlrte monitoring and €nspecifan during the To ovaf and development process. '2, 2! Appll nt Signature Da Development Services .rT Department lCkluisp]LL �11�A,� �st vt�t+os} Asa-�v.o APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 30 days prior to the City Council Meeting) Application Contents: 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emaIled to planning@kallspell.com (Please note the maximum file size to email Is 20MB) 3. Electronic copy of the .dwg files of the final plat 4. Application fee based on the schedule below, made payable to the City of Kalispell: Minor Subdivision with approved preliminary plat $400 + $125 per lot Major Subdivision with approved preliminary plat $800 +$12b per lot Subdivisions with vmlver of preliminary plat $800 + $126 per lot Subdivision Improvement Agreement $60 Filing Fee Attached $ i 0I BRECKENRIDGE SURVEYING AND MAPPING, INC. OFFICE LOCATION & MAILING: 2302 Highway 2 East #6, Kalispell, MT 59901 Phone: (406) 871-2643 Email: montanasurveying@gmail.com SURVEYING • MAPPING • GEODETIC CONSULTING Discussion of the Standard and Specific Conditions for Resubdivision of Lot 52, Northland Phase 2 preliminary plat approved April 5, 2021. My reply is in italics. Standard Conditions 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials, and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Completed. See attached letter from City of Kalispell. 2. All applicable conditions within Ordinance 1495 (Northland PUD) shall apply. Completed. The development is in substantial compliance with the requirements the original development. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. Completed. The preliminary approval was granted on April 5, 2021. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. Completed. All plans and hookups were approved by Public Works. See attached MFE. 5. Sewer service will be provided by the City of Kalispell with an extension of an existing sanitary sewer main within Parkridge Drive or alternatively within Barron Way. Due to depth issues and the location of the terminus of the main, there may need to be a reconstruction of a segment of the existing line. Final plat of this subdivision shall not be granted until an appropriate extension is constructed and accepted by the City. Completed. See attached letter from Mark Crowley. 6. The sewer main extension shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to final plat, a certification shall be submitted to the Public Works Department stating that the sewer main has been built and tested as designed and approved. Completed. See attached letter from Mark Crowley. 7. The developer shall submit sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Completed. The permit was obtained by LHC prior to construction of the extension. Page 2 of 4 BRECKENRIDGE SURVEYING AND MAPPING, INC. OFFICE LOCATION & MAILING: 2302 Highway 2 East #6, Kalispell, MT 59901 Phone: (406) 871-2643 Email: montanasurveying@gmail.com SURVEYING • MAPPING • GEODETIC CONSULTING 8. If necessary, 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 concurrent review, with approval of both required prior to construction. Completed. LHC received approvals for the sewer and water extensions. 9. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a property bond has been accepted for unfinished work. Completed. See letter from Mark Crowley. 10. All easements and/or rights -of -way 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. Completed. See attached letter from Public Works director. 11. A letter from the Kalispell Fire Department approving the access, placement of any fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. Completed. The letter from the Kalispell Fire Department. 12. 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 tight 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." Completed. See dedication on the final plat. 13. 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. Completed. The letter is attached from the Kalispell Postmaster. The approved location with all improvements was done under the Northland PH 2 subdivision. 14. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council Page 3 of 4 BRECKENRIDGE SURVEYING AND MAPPING, INC. OFFICE LOCATION & MAILING: 2302 Highway 2 East #6, Kalispell, MT 59901 Phone: (406) 871-2643 Email: montanasurveying@gmail.com SURVEYING • MAPPING • GEODETIC CONSULTING Completed. See notes on final plat. 15. The newly created lot shall be incorporated into the homeowner's association (HOA) in order to provide for access to the park and maintenance of the common areas.. Completed. See letter from the president of the HOA. 16. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Completed. All improvements are in and inspected. 17. All utilities shall be placed underground and in locations that are approved the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Completed. Utilities to the new lot are installed. 18. All areas disturbed during development be re -vegetated with a weed -free mix immediately after development. Met. The areas around the house have been landscaped. The new lot will be re -seeding once the house is constructed. 19. The street name shall be corrected on the final plat. Completed. See Final Plat. 20. No building permits shall be issued on the property until the final plat has been recorded. The sanitary sewer main must be installed and approved prior to final plat. A final plat application must be submitted at least thirty (30) days prior to the City Council meeting when it will be considered. Met. Sewer is installed. See letter from Mark Crowley. Page 4 of 4 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: Breckenridge FOR : Kalispell Public Schools Student Built Homes DATE: 07/09/2021 DESCP : Resub of Lot 52 of Northland Sub PURPOSE: Subdivision Ph 2 YEARS ASSESSOR # 2018 thru 2020 0501783 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. 9JG 1 12021 ouNry 9 \pF<<' Mot3�% GUARANTEE Issued by Insured Titles 44 41h Street West/P- O- Box 188, Kalispell MT 59901 Title Officer-- Sheri Smith Phone: (406)755-5028 FAX-- (406)755-3299 File No. 987328-FT Cover Page FS� PMERIfF FirstAmerican Title" Form 5010500 (7-1-14) Guarantee Number: 501055-987328-FT Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY ram- sir - FirstAmeriean Title T`, First American Title Insurance Company D"ris J. Ginwre. PreskWM -,/� 0-c4J414A Greg L Smith, Swmary This jacket was created electronically and constitutes an original document File No. 987328-FT Page 2 of 10 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. 987328-FT Page 3 of 10 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. 987328-FT Page 4 of 10 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. B. 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. 987328-FT Page 5 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 A w E R, Subdivision Guarantee *} 7 f I tAmerican Title ISSUED BY 7;F �60 First American Title Insurance Company GUARANTEE NUMBER Guarantee 5010500-987328-FT Subdivision or Proposed Subdivision: The Resubdivision of Lot 52 Northland Subdivision, Phase 2 Order No.: 987328-FT Reference No.: Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: Breckenridge Surveying and Mapping 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 52 OF NORTHLAND SUBDIVISION, PHASE 2, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Kalispell Public Schools Student Built Homes, a Non -Profit Corporation and Glacier Bank (B) Parties holding liens or encumbrances on the title to said lands are: 1. 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 $611.78 Paid $611.75 Paid 0501783 2. Taxes which may be assessed and entered on the Land roll for 2021 with respect to new improvements and first occupancy, which may be included on the regular Land roll, which are an accruing lien, not yet due or payable. File No. 987328-FT Page 6 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 3. Deed of Trust dated October 20, 2020, to secure an original indebtedness of $334,000.00, and any other amounts and/or obligations secured thereby Recorded: October 26, 2020, as Instrument No. 2020-000-35911 Grantor: Kalispell Public Schools Student Built Homes, a Non -Profit Corporation Trustee: Fidelity National Title Co. Beneficiary: Glacier Bank (C) Easements, claims of easements and restriction agreements of record are: 4. County road rights -of -way not recorded and indexed as a conveyance of record in the office of the Clerk and Recorder pursuant to Title 70, Chapter 21, M.C.A., including, but not limited to any right of the Public and the County of Flathead to use and occupy those certain roads and trails as depicted on County Surveyor's maps on file in the office of the County Surveyor of Flathead County. Easement granted to Northwestern Telephone Systems, Inc., recorded December 2, 1982 in Book 756, Page 22 as Instrument No. 82-18051. 6. Easement granted to Northwestern Telephone Systems, Inc., recorded March 19, 1987 as Instrument No. 87-231-11450. 7. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the recorded plat of Northland Subdivision Phase 2, 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). 8. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services recorded March 17, 2006 in Instrument No. 2006-076-15160. 9. Ordinance No. 1495 executed by the City of Kalispell for Zoning, recorded April 10, 2008, as Instrument No. 2009-000-09932. 10. Covenants, Conditions and Restrictions recorded September 15, 2005 as Instrument No. 2005-258- 15000, but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c). Amendment to said Covenants recorded March 22, 2010 as Instrument No. 2010-000-06687. 11. Planned Unit Development Agreement upon the terms, conditions and provisions contained therein: Parties: Bridgeland Development, LLP and the City of Kalispell Recorded: February 25, 2011, as Instrument No. 2011-000-04266 12. Easement for a right of way for an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded August 6, 2020 Doc. No. 2020-000-22419. Date of Guarantee: July 02, 2021 at 7:30 A.M. Insured Titles By: Authorized Countersignature File No. 987328-FT Page 7 of 10 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 ��` Firstllraerican �tleT" —ram L� Privacy Notice Effective: October 1, 2019 Notice Last Updated: January 1, 2021 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, when you interact with us and/or use and access our services and products ("Products'. For more information about our privacy practices, including our online practices, please visit https://www.firstam.com/privacy-policy. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Tvpe of Information Do We Collect About You? We collect a variety of categories of information about you. To learn more about the categories of information we collect, please visit httips://www.firstam.com/lprivacy- policy/. How Do We Collect Your Information? We collect your 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 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. To learn more about how we may use your information, please visit https://www.firstam.com/privacy-policy/. How Do we Share Your Information? We do not sell your personal information. We only share your 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. To learn more about how we share your information, please visit https://www.firstam.com/privacypolicy/. How Do We Store and Protect your Information? The security of your information is important to us. That is why we take commercially reasonable steps to make sure your information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your information. How Lona Do We Keep Your Information? We keep your 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 information. You can learn more about your choices by visiting https://www.firstam.com/privacy-policy/. International Jurisdictions: Our Products are 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 information to us in the US, and you consent to that transfer and use of your 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. © 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY20 (12-18-20) Page 1 of 2 1 Privacy Notice (2020 First American Financial Corporation) English FirstAmerican 7-We"' 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 (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. Riaht of Deletion. You also have a right to request that we delete the personal information we have collected from and about 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. 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 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. Notice of Sale. We do not sell California resident information, nor have we sold California resident information in the past 12 months. We have no actual knowledge of selling the information of minors under the age of 16. 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. Notice of Collection. To learn more about the categories of personal information we have collected about California Residents over the last 12 months, please see "What Information Do We Collect About You" in www.firstam.com/privacy-policy. To learn about the sources from which we collected that information, the business and commercial purpose for is collection, and the categories of third parties with whom we have shared that information, please see "How Do We Collect Your Information", "How Do We Use Your Information", and "How Do We Share Your Information" in www.firstam.com/privacy-policy. Notice of Sale. We have not sold the personal information of California residents in the past 12 months. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see "How Do We Use Your Information", and "How Do We Share Your Information" in www.firstam.com/privacy-policy. © 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10 PRIVACY20 (12-18-20) Page 2 of 2 Privacy Notice (2020 First American Financial Corporation) English CONSENT TO PLAT Pursuant to 76-3-612, M.C.A, the undersigned, Glacier Bank, Mortgagee under that certain Mortgage identified as follows: Date: October 20 2020 Mortgagor: _Kalispell Public Schools_ Student_ Built Homes, a Non -Profit Corporation Document Number: 2020-000-355911 -:F �E 17'A,-, -�azl Signature and 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 Mortgagee: Lot 52 of Northland Subdivision, PH 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. Montana Department Q'Aft'hi. of Environmental Quality August 11, 2021 Rick Breckenridge Breckinridge Surveying & Mapping 2302 Highway 2 East Suite 6 Kalispell MT 59901 RE: The Re Subdivision of Lot 52 Northland Subdivision Phase 2 Municipal Facilities Exclusion EQ# 22-1090 City of Kalispell Flathead County Dear Mr. Breckenridge; 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. The Re Subdivision of Lot 52 Northland Subdivision Phase 2 Municipal Facilities Exclusion will consist of 2 Lots. Sincerely, Kevin Smit Department of Environmental Quality Bureau Chief Engineering Bureau (406) 444-1277 Email Ksmithr@nit.aov cc: City Engineer County Sanitarian Owner file Greg Gianforte, Governor I Chris Dorrington Director I P O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-25441 www deq.mt.gov MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY MUNICIPAL FACILITIES EXCLUSION DE of ErvironmEntal QuaQ� lity Subdivision Name: Resub of Lot 52, Northland Sub. Ph 2 Number of lots/parcels/units: 2 /0 /0 Geocode: 07-3965-01-2-07-19-0000 (this can be found at http://svc.mt.,qov/msl/mtcadastral Are main extensions necessary to servethe subdivision? _Yes XNo If yes, have plans for the mains been submitted for review? Yes No How will construction of the facilities be financed? Owner Information: Owner(s) Name: KALISPELL PUBLIC SCHOOLS Sa Print name of owner(s) Address: 233 1 ST AVE E, KALISPELL, MT 59901 Signature of all owners of record Street or PO Box, City, State, Zip Code Email: andersonb@sd5.k12.mt.us Phone. 406.890.0391 Consultant Information: Company and Address: Breckenridge Surveying and Mapping Email: rbreck77@yahoo.com Phone: 406.261.7758 Eligibility Requirements: All of the following criteria must be met: The project must be provided with adequate municipal water and sewer, solid waste disposal and the municipality must review storm water plans. All the mains necessary to serve the subdivision must be municipality owned, operated and maintained. Privately owned mains or lift stations make the project ineligible for this exemption. The municipality must be a 1 st or 2nd class municipality as described in MCA 7-4-111 or covered under a growth policy pursuant to Title 76, chapter 1. The project must be one of the following (check applicable box): A new division subject to review under the Montana Subdivision and Platting Act, or Previously divided parcels recorded with Sanitary Restrictions prior to July 1, 1973 or Divisions or parcels of land that are exempt from Montana Subdivision and Platting Act review under 76-3-203 or 76-3-207 (1) (a), (b), (d), (e), or (f) Form continues on next page ------- No. Submittal Requirements: All of the following items must be submitted: This form, signed by the property owner, and the municipalities' representative. Copy of Preliminary Plat, COS, Amended Plat or Unit Declaration. The Plat, COS, Am Plat or Unit Declaration must contain the exemption 76-4-125 (1)(d)(i), (ii) or (iii). If using item (iii), the Plat, COS, Am Plat or Unit Declaration must also contain the appropriate Platting Act exemption. 7 Vicinity map showing project location. Applicable zoning ordinances in effect Von file Copy of growth policy, if applicable Von file 7 $120 processing fee Certification: I hereby certify that I am licensed to practice engineering in the State of Montana, I am employed directly or retained by the municipality providing service and am authorized to sign on behalf of the municipality. In addition, I hereby certify that: 1. The existing water and wastewater systems are in compliance with the provisions of Title 75, chapters 5 and 6, and 2. The water and wastewater systems have adequate capacity to meet the needs of the project, and 3. The municipality has or will review plans to ensure adequate storm water drainage and adequate solid waste disposal. 07/13/2021 3:13:05 PM (Signature of Professional Engineer) Montana P.E. Number 28672 ETA /V� D10UGLJS � KFITH HASKINS No. 28672FE Send to: MTDEQ Subdivisions PO Box 200901 Helena MT 59620-0901 (Date Signed) PE Stamp CITY OF KALISPELL July 27, 2021 Mr. Brock Anderson Kalispell, MT 59901 Re: Resubdivision of Lot 52, Northland Subdivision Phase 2 — a.k.a. Student Built Home Subdivision Dear Mr. Anderson, This letter is to confirm that the services constructed for the Resubdivision of Lot 52 have been designed and constructed in accordance with MDEQ and City of Kalispell Standards for Design and Construction; has been tested and certified by a Montana licensed Professional Engineer; and is considered accepted by the City of Kalispell. Sincerely, Mark Crowley, CPII 201 1" Avenue E Phone (406)758-7720 PO BOX 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com CITY OF KALISPELL August 24, 2021 Rick Breckenridge, PLS Land Surveyor Breckenridge Surveying and Mapping 2302 US Hwy 2 East, Ste 6 Kalispell, MT 59901 Re: Resubdivision of Lot 52, Northland Subdivision, Phase 2 Dear Mr. Breckenridge, The Final Plat for the Resubdivision of Lot 52, of Northland Subdivision, Phase 2 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. Sincerely, Keith H"ins, City Engineer 201 1' Avenue E I Phone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com UNI TED ST13TES IG POSTAL SERVICE Rick Breckenridge Breckenridge Surveying 2302 HWY 2 E #6 Kalispell, MT 59901 August 24, 2021 REF: Mailbox Placement for Re -Sub of LOT 52 of Northland Phase 2 Rick - have looked at the Subdivision Platt for Re -Sub of LOT 52 of Northland Phase 2 and agree that 1 mailbox is to be put up along the Parkridge Drive. Consider this letter as approval of the site for US Postal Service Delivery. 350 N. Meridian RD Kalispell, MT 59901-9998 :'= 406 257 9796 R Lawrence.A.G o I ie @ US PS. GOV FCA Flathead Station aUNITED STATES POsWmRwr AUG 2 4 2W1 --R "Efficiency is doing things right; Effectiveness is doing the right things."— Peter Drucker KALISPELL FIRE DEPARTMENT Dan Pearoe — Fire Chief PO Box 1997 DC Haas -- Interim Assistant Fire Chief 3l2 First Avenue East Cec Lee — Executive Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 June 30, 2021 Brock Anderson Kalispell Public Schools Student Built Homes 233 1 st Avenue East Kalispell, MT 59901 Dear Brock, The Kalispell Fire Department does not have any concerns with the existing access in the Northland Subdivision, Phase 2, as submitted. There are no issues with the existing fire hydrant spacing, or with current water flows for fire suppression. Thank you for all you do with the Student Built Home program. Sincerely, DC Haas Interim Assistant Fire Chief "Protecting our community with the highest level ofprofessionafism" August 2, 2021 Dear Mr. Anderson, This letter is to inform you that subdivided lots 52A and 52B are part of the Northland Homeowners Association. Owners are responsible for paying quarterly dues in the amount of $92.50 for each lot. Both lots will be assessed separately. As per Article IV Section 4.1— "Each owner of any Lot, including Declarant, by acceptance of a deed, whether or not it shall be so expressed in such deed, is deemed to covenant, and agree to pay the Association (a) annual assessments, (b) special assessments, (c) reconstruction assessments, and (d) extraordinary assessments, all such assessments to be established and collected as hereinafter provided." Please make payment to Northland HOA 857 Grand Drive Bigfork, MT 59911. If you have any questions, please contact our office. Thank you, Montana Community Management 406.837.4536 5 76 oa< PECORDED 01ATl ��1 a ztl M� $_Z6PFl6C�gy� ➢ECLARATIONOF 3,AULA,-,0 j J5O`! FLATHEAD ccuNTv noNTAN§./ COVENANTS, CONDITIONS AND RESTRICTIONS OF NORTHLAND SUBDIVISION PHASE 1 aU0517pyr7 9, THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF NORTHLAND SUBDIVISION PHASE I (this "Declaration") is made the '? day of September 2005, by BRIDGELAND DEVELOPMENT, LLP, a Montana company (hereinafter referred to as the "Undersigned"). WITNESSETH: O Ln WHEREAS, the Undersigned is the owner of certain real property situated in Flathead p County, Montana, known as Northland Subdivision Phase 1, according to the plat thereof recorded on August 5, 2005, in the records of the Office of the Clerk and Recorder of Flathead County, State j' of Montana (the "Plat"), including the easements and licenses appurtenant to or included in the property as shown on the Plat; and WHEREAS, the Undersigned desires to create a planned community at the above -described 5 rn property delineated on the Plat and to subject and place upon the above -described property certain C) - covenants, conditions, restrictions, easements, reservations, rights -of -way, obligations, liabilities and © other charges set forth herein for the purpose of protecting the value and desirability of said property a i,, and for the purpose of furthering a plan for the improvement, sale and ownership of said property. 4— NOW, THEREFORE, the Undersigned hereby declares that all of the properties described Nabove, including any real property subsequently incorporated into the subdivision, shall be held, sold O and conveyed subject to the following covenants, conditions, restrictions, easements, reservations, O Lr) Lt) rights -of -way, obligations, liabilities, charges and other provisions set forth herein, wlvch are for the O purpose of protecting the value and desirability of and which shall run with the property and be s binding on all parties having any right, title or interest in the property or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of each owner thereof 7 ` ARTICLE I — DEFINITIONS INTERPRETATION AND EXPANSION 4 Section 1.1 Certain Defined Terms. For the purpose of this Declaration (and all exhibits O in and other documents made or delivered hereunder), in addition to the terms defined above in Q Q the recitals, the following terms shall have the following meanings: "Association" shall mean and refer to Northland Subdivision Property Owners Association, a Montana non-profit corporation, its successors and assigns. The Association shall act by and through its Board and officers. "Board" shall mean and refer to the Board of Directors of the Association. Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 1 of20 "Common Area" shall mean and refer to all real property (including improvements thereon) owned or leased by the Association for the common use and enjoyment of the Owners, including all parks and similar areas, including improvements thereon, on the Plat. "Common Expense" shall mean and refer to (a) the costs of maintenance, repair and replacement of the Common Area, all alleys, and all common utility lines within the Property, (b) all of the real and personal property taxes levied against the Common Area, (c) the costs of utilities to service and operate the Common Area (including the cost of street lighting) as well as all utility costs and expenses relating to the Lots which are not separately metered and billed to each Lot, (d) the cost of insurance carried pursuant hereto, (e) the cost of maintaining, irrigating and replacing landscaping within or adjacent to the Common Area, (f) proposed capital expenditures with respect to the Common Area and alleys, (g) all other expenses of owning, administering, servicing, conserving, managing, and operating the Common Area, (h) alI other expenses expressly declared to be common expenses by this Declaration or by the Bylaws of the Association, and (i) all expenses lawfully determined to be common expenses by the Board of the Association. "Community" shall mean all land included within the Property. "Community Budget" shall mean a budget for each fiscal year to be prepared by the Board and adopted by the Association, which budget shall be applicable to all of the Lots, shall be used as the basis for establishing the annual assessment to be levied against each Lot, and shall include an estimate of all the Common Expenses. The Community Budget shall specifically include an adequate reserve fund for the maintenance, repair and replacement of areas and facilities which are located from time to time within the Common Area in order that such maintenance, repairs and replacements may be paid for through regular periodic assessment rather than by special assessment; provided, however, that the Association may levy special assessments, reconstruction assessments and extraordinary assessments in the manner set forth in Article IV. "Declarant" shall mean and refer to Bridgeland Development, LLP, a Montana limited liability company, and the successors and assigns of Bridgeland Development, LLP, if such successors or assigns shall first be designated by Bridgeland Development, LLP as a Declarant by a written instrument executed by both Bridgeland Development, LLP and the transferee which is duly recorded in the records of the Clerk and Recorder, Flathead County, Montana. In such written instrument, Bridgeland Development, LLP may transfer to a successor Declarant all or less than all of the Special Declarant Rights reserved to the Declarant in this Declaration, and if less than all, then Bridgeland Development, LLP shall remain a Declarant hereunder with respect to any such rights not so transferred. "Declaration" shall mean and refer to this Declaration of Covenants, Conditions and Restrictions of Bridgeland Development, as the same may be amended and supplemented from time to time. "Design Guidelines" means the guidelines and rules published and maintained by the Design Review Board from time to time. Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 2 of 20 2005258 IrDbob "Design Review Board and "DRB" shall mean and refer to the Design Review Board described in Article V whose purpose is to maintain the quality and architectural harmony of improvements in the subdivision. "Expansion Property" means such additional real property now owned or owned in the future by Declarant (including any Successor Declarant) that Declarant may make subject to the provisions of this Declaration by a duly recorded Declaration of Annexation. "First Mortgage" shall mean and refer to any unpaid and outstanding first mortgage, first deed of trust or other similar voluntary security instrument encumbering a Lot recorded in the records of the Clerk and Recorder, Flathead County, Montana, having priority of record over all other recorded liens except those governmental and other liens made superior by statute. "First Mortgagee„ shall mean and refer to any person named as a mortgagee or beneficiary under any First Mortgage or Montana Trust Indenture, or any successor to the interest of any such person under such First Mortgage. "Guest" shall mean and refer to any family member, guest, patron, tenant, agent, employee, licensee or invitee of an Owner. "Lot" shall mean and refer to any separate numbered parcel, lot or plot of land shown upon the Plat, as the same may be amended from time to time (including real property additions to the subdivision pursuant to the provisions of this Declaration), together with all appurtenances and improvements now or hereafter located thereon. "Member" shall mean and refer to each Owner of a Lot that is subject to assessment hereunder, including Declarant so long as Declarant owns any Lot. Membership in the Association shall be appurtenant to and may not be separated from ownership of a Lot. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot, including contract buyers, but excluding those having such interest merely as security for the performance of an obligation. "Property" shall mean and refer to that certain real property described in the first "Whereas" clause of this Declaration, together with such additions thereto (including Expansion Property), if any, as may from time to time be made subject to these Covenants pursuant to the provisions of this Declaration. "Special Declarant Rights" shall mean and refer to the development and other rights expressly reserved for the benefit of Declarant in accordance with the terns and conditions of this Declaration. Section 1.2 General Interpretive Principles. For purposes of this Declaration, except as otherwise expressly provided or unless the context otherwise requires: Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 3 of20 (a) The terms defined in this Declaration have the meanings assigned to them in this Declaration and include the plural as well as the singular, and the use of any gender herein shall be deemed to include the other gender; (b) References herein to "Articles," "Sections," "Paragraphs," and other subdivisions without reference to a document are to designated Articles, Sections, Subsections, Paragraphs and other subdivisions of this Declaration; (c) Reference to a subsection or clause without further reference to a Section is a reference to such subsection or clause as contained in the same Section in which the reference appears, and this rule shall also apply to Paragraphs and other subdivisions; (d) The words "herein," "hereof," " hereunder" and other words of similar import refer to this Declaration as a whole and not to any particular provision; and (e) The term "include" or "including" shall mean without limitation by reason of enumeration. Section 1.3 Right to Expand. The Declarant also now owns or may in the future own additional real estate in Flathead County, Montana, which it may desire to incorporate into Northland Subdivision (the "Expansion Property'), and the Declarant has reserved the right, but will not be obligated, to incorporate the Expansion Property in whole or in part in the regime established under this Declaration, all as provided in Article IX below, so that the Expansion Property, if and when developed, will be treated as an integral part of Northland Subdivision. ARTICLE 11 — GRANT OF EASEMENTS Section 2.1 Easements Over Common Area. There is hereby created and granted to the Association and to each Owner for the benefit of each Lot a nonexclusive easement upon, over and across, and the right to use, the park areas, and similar areas and facilities as may be located within the Common Area from time to time. Notwithstanding anything to the contrary contained herein, the right of the Owners and their Guests to use the Common Area as set forth above shall be subject to the following restrictions: (a) strict compliance with such reasonable rules and regulations as may be promulgated and published by the Association from time to time, provided that such rules and regulations shall require no payment of fees or other charges on the part of the Owners and their guests other than as specifically set forth in Article IV and shall otherwise be generally and equally applicable to all of the Owners and their Guests; and (b) the right of the Association to close or limit the use of the Common Area solely for the purpose of performing its obligations set forth herein, but only to the extent that such closure or limitation of use shall be deemed necessary to protect the health or safety of the Owners and their Guests or to prevent any party from acquiring any prescriptive rights in any thereof. The easement and right to use granted in this Section shall run with the land and shall be appurtenant to each Lot, such that a transfer of legal title to a Lot shall automatically transfer the easement and right to use granted in this Section. Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 4 of 20 Section 2.2 Other Easements. The following easements, uses and rights shall run with the land and all conveyances of Lots hereafter made, whether by Declarant or otherwise, shall be construed to grant and reserve the same even though no specific reference to such easements, uses and rights appears in any such conveyance: (a) Access. Easements for access are reserved as shown on the Plat or other duly recorded instruments. No structure, planting or other material shall be placed or permitted to remain within these easements that may damage or interfere with access. (b) Alleys. Alleys shown on the Plat are reserved for all Owners, provided they are primarily for the benefit and use of Owners whose Lots are adjacent to the alleys. No structures or other improvements may be located in the alleys that interfere with this use. (c) Utilities. (i) Each Lot shall be and is hereby made subject to all easements for gas, electric, telephone, cable television, water, sewer, and other lines as are necessary to provide utility service to said Lot, adjacent Lots and/or the buildings located thereon and for snow melt. Each Owner hereby agrees to execute such further grant or other documentation as may be required by any utility or other company or public, governmental or quasi -governmental entity for such purpose. (ii) Without limiting the generality of the foregoing, certain private utility or service connections or lines and equipment, such as gas, telephone, electric, cable television, sewer and water lines and the fire protection system, may be located in one of the Lots but used by, or in common with, other Lots. Each Owner of a Lot on which such private utility or service connections or lines or equipment are not located but whose Lot is serviced by the same shall have a perpetual nonexclusive easement in and to that part of the other Lots containing such private utility or service connections or lines or equipment as is reasonably necessary for purposes of maintenance, repair, replacement and inspection thereof. (d) Public Agencies. A nonexclusive easement for ingress and egress is hereby granted to all police, sheriff, fire protection, ambulance, public works, and other similar public agencies or persons, now or hereafter servicing the Property, to enter the Property in the performance of their duties. (e) Association. The Association (including its agents, employees and contractors) shall have a nonexclusive easement to make use of each Lot and the improvements located thereon as may be necessary or appropriate to perform the duties and functions which it is obligated or permitted to perform pursuant to this Declaration. (f) Declarant. Until termination of the period of Declarant's control of the Association set forth in Section 3.3, Declarant (including its agents, employees and contractors) shall have a nonexclusive easement to make use of each Lot and the improvements Iocated thereon as may be necessary or appropriate to exercise Special Declarant Rights pursuant to this Declaration. Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 5 of20 ARTICLE III - MEMBERSHIP AND VOTING RIGHTS; THE ASSOCIATION Section 3.1 Membership. Each Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot and shall automatically pass with fee simple title to the Lot. Each Lot, however, shall only be entitled to one vote. Section 3.2. Directors of the Association. The affairs of the Association shall be managed by a Board of at least three (3) directors, the exact number of directors to be set from time to time in the Bylaws of the Association to the extent not set in Section 3.3. Directors shall meet the qualifications described in the Articles of Incorporation and Bylaws of the Association. Section 3.3 Management of the Association. From date of formation of the Association until the termination of Declaratos control as provided below, Declarant shall have the right to appoint and remove members of the Board and officers of the Association as hereinafter provided. The period of Declarant's control of the Association shall terminate upon the date sixty (60) days after conveyance of 100% of the Lots to Owners other than Declarant. Declarant may voluntarily surrender the right to appoint and remove officers of the Association and members of the Board before termination of the period of Declarant's control as set forth above, but in that event Declarant may require, for the duration of the period of Declarant's control, that specified actions of the Association or Board, as described in a recorded instrument executed by Declarant, be approved by Declarant before they become effective. Section 3.4 Officers of the Association. The officers of the Association shall be as set forth in the Bylaws of the Association. Section 3.5 Management. (a) The Property shall be administered and managed pursuant to this Declaration and the Articles of Incorporation and Bylaws of the Association. Each Owner shall comply strictly with the provisions of this Declaration and of the Articles of Incorporation and Bylaws of the Association. The Board shall have the right to adopt, amend or repeal, from time to time, reasonable rules and regulations governing the use of the Common Area as herein set forth and each Owner shall be bound by and shall comply with such rules and regulations. Rules and regulations concerning and governing the Property or any portion thereof may also be adopted, amended or repealed, from time to time, by the Board, and each Owner shall be bound by and shall comply with such rules and regulations. The Association shall enforce all rules and regulations as well as the provisions of this Declaration and of the Articles of Incorporation and Bylaws of the Association. Failure of an Owner to comply with any such rules and regulations or provisions shall be grounds for an action to recover damages or to obtain injunctive relief, or both, by the Association on behalf of the Owners or, in a proper case, by an aggrieved Owner and, in addition, the Board may establish and enforce penalties for the infraction thereof, including (after notice and an opportunity to be heard) the levying and collecting of fines for the violation of any of such rules, regulations or provisions. Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 6 of 20 2005258) 6 000 (b) Notwithstanding anything to the contrary contained herein, neither the Association nor the Board, nor their respective members, shall adopt any rule, regulation or decision or take any action in any manner whatsoever that would interfere with the reasonable and normal activities to be conducted on the Property or any Lot or the property surrounding the Property. ARTICLE IV - COVENANT FOR ASSESSMENTS Section 4.1 Creation of the Lien and Personal Obligation for Assessments. Each Owner of any Lot, including Declarant, by acceptance of a deed, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association (a) annual assessments, (b) special assessments, (c) reconstruction assessments, and (d) extraordinary assessments, all such assessments to be established and collected as hereinafter provided. The annual, special, reconstruction and extraordinary assessments, together with late charges, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. The obligation for such payments by each Owner to the Association is an independent covenant, with all amounts due from time to time payable in full without notice (except as otherwise expressly provided in this Declaration) or demand, and without setoff or deduction. The lien may be enforced by foreclosure of the defaulting Owner's Lot by the Association in like manner as a mortgage on real property as hereinafter provided. Each assessment, together with interest, late charges, costs and reasonable attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment became due. The personal obligation for delinquent assessments shall not pass from them. The Association's lien on a Lot for assessment shall be superior to any homestead exemption now or hereafter provided by the laws of the State of Montana or any exemption now or hereafter provided by the laws of the United States. The acceptance of a deed to land subject to this Declaration shall constitute a waiver of the homestead and any other exemption as against said assessment lien. Section 4.2 Annual Assessments. (a) Budgets. The Board shall fix, determine, levy and collect annual assessments to be paid by the Owners to meet the Common Expenses and to create a contingency reserve. Prior to the beginning of each fiscal year of the Association, the Board shall adopt the Community Budget for that year (which shall be the basis for an annual assessment against all of the Lots). Notwithstanding anything to the contrary contained herein, the Community Budget will be determined by Declarant to the extent of costs and expenses covered thereby to be incurred by Declarant and submitted to the Board for the Board's adoption as part of the budgeting process, with said budget being supplemented by the Board for costs and expenses for other items included therein to be incurred by the Association. For the Association's first fiscal year, Declarant shall determine the Community Budget based on a good faith estimate of costs. Thereafter, the Community Budget shall be prepared on the basis of the previous year's respective costs, with such adjustments as the Board reasonably considers appropriate. At the first meeting of the Board, the Board shall adopt the initial budget of the Association. All annual assessments shall be established based upon approved budgets. Within thirty (30) days after adoption of any proposed budget of Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 7 of 20 2005258 10 ouo the Association, the Board shall mail, by ordinary first class mail, or otherwise deliver a summary of the budget to all Owners and shall set a date for a meeting of the Owners to consider ratification of the budget, which meeting shall be set not less than fourteen (14) days and not more than sixty (60) days after mailing or other delivery of the summary. With respect to Community Budgets: (i) unless a majority of all of the Owners who are voting in person or by proxy at that meeting reject the Community Budget, the Community Budget shall be ratified, whether or not a quorum is present, and (ii) in the event that the proposed Community Budget is rejected, the annual Community Budget last ratified by the Owners must be continued until such time as the Owners ratify a subsequent Community Budget proposed by the Board as herein set forth, whereupon any annual assessment previously set shall be adjusted accordingly. Notwithstanding the foregoing, the Community Budget for any year may be set by the Board without any vote of the Owners, provided that such budget not increase, on a percentage basis, over the prior year's budget by more than 20% or by more than the increase, on a percentage basis, of the Consumer Price Index for Urban Consumers published by the Bureau of Labor Statistics, U. S. Department of Labor, whichever is greater. (b) Date of Commencement. The initial annual assessment shall commence on the day on which the first Lot is conveyed to an Owner other than Declarant, and the second and each subsequent annual assessment period shall correspond with the fiscal year of the Association The annual assessments shall be made due and payable, in advance, with such frequency and on such dates as determined by the Board, but no more frequently than monthly, provided that the first annual assessment shall be adjusted according to the number of days in the first Association fiscal year. Any Owner purchasing a Lot between installment due dates shall pay a prorata share of the last installment due. Until the commencement of the initial annual assessment, Declarant shall pay all Common Expenses. Section 4.3 Special Assessment. In addition to the annual assessments authorized in this Article IV, the Association may levy, in the Association fiscal year, a special assessment applicable to that year only, whenever in the opinion of the Board it is necessary or advisable to do so for the purpose of (a) meeting increased operating or maintenance expenses or costs, (b) replenishing the working capital fund referred to in Section 4.7 if it is reduced or depleted, (c) providing for additional capital expenses, or (d) meeting expenses or costs resulting from emergencies. Except for special assessments levied to meet emergencies which threaten individual safety or property or special assessments levied for actual usage of utilities, any such special assessment may be levied only pursuant to and based upon a supplemental budget adopted by the Board, which budget (or a summary thereof) is first mailed, by ordinary first class mail, or otherwise delivered to all Owners within thirty (30) days after the adoption thereof and which budget is not rejected by a majority of all of the Owners who are voting in person or by proxy at a meeting called, by notice accompanying the aforesaid budget or summary, not less than fourteen (14) days nor more than sixty (60) days after mailing or other delivery of the aforesaid notice to consider ratification of the supplemental budget, whether or not a quorum is present at such meeting. The Board shall prepare and provide to each Owner an itemized statement of any special assessment against such Owner's Lot, which statement shall set forth in detail the various expenses for which the special assessment is being made. Special assessments shall be due and payable as specified in the written notice of such assessment provided by the Board. Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 8 of 20 2005;Z.58 15 p00 Section 4.4 Reconstruction Assessments. In addition to the annual and special assessments authorized in this Article N, if any improvements in the Common Area or alleys shall be damaged, destroyed or condemned, the Association shall levy a reconstruction assessment for the purpose of repair or reconstruction of the damaged, destroyed or condemned improvements within the Common Area. All such reconstruction assessments shall be equal to the net amount of the cost of repair or reconstruction of such improvements and shall be calculated by subtracting from the total cost of repair or reconstruction the sum of the insurance or condemnation proceeds awarded for the damage, destruction or condemnation thereof, if any. The Board shall prepare and provide to each Owner an itemized statement of any reconstruction assessment against such Owner's Lot, which statement shall set forth in detail the various expenses for which the reconstruction assessment is being made. Such reconstruction assessments shall be due and payable as provided by resolution of the Board, but not sooner than thirty (30) days after written notice thereof. Section 4.5 Rate and Payment of Assessments. Each Owner shall be allocated and shall pay such Owners prorata share of the total aggregate annual assessment and all special and reconstruction assessments levied by the Association with respect to all matters. Section 4.6 Extraordinary Assessment. Any amounts expended by the Association for the exclusive benefit of any individual Lot and the Owner thereof, any fines (pursuant to rules adopted by the Association), any amounts expended by the Association for repairs and replacements caused by the negligent or willful or tortious acts or omissions of an Owner or such Owner's Guests, any costs arising under Section 8.2, or any cost incurred by the Association to cure an Owners default hereunder, including reasonable attorneys' fees, shall be the responsibility of such Owner. The Association shall levy through its Board an extraordinary assessment against such Owner for such amounts or costs. Notice in writing of the amount of any extraordinary assessment levied by the Association pursuant to Jus Section shall be given promptly to the applicable Owner and payment shall be due when such written notice is given to the Owner. Section 4.7 Effect of Nonpayment of Assessments, Remedies of the Association. (a) If any assessment shall remain unpaid ten (10) days after the due date thereof, the Board may impose a late charge on such defaulting Owner in a reasonable amount, not to be less than 12 percent of the unpaid assessment per annum. (b) Failure to make payment of any assessment within thirty (30) days after the due date thereof shall also cause the full amount of such Owner's annual assessment for the remainder of that fiscal year to become due and owing at once, at the option of the Board. (c) In addition to the foregoing, during the period of any delinquency in the payment of any assessment, the Board may suspend a delinquent Owner's voting privileges in the Association (but no such suspension shall affect the rights of the First Mortgagee). (d) In the event that it shall become necessary for the Board to collect any delinquent assessments or fees, the Association may bring an action at law against the Owner personally obligated to pay the same, and in the event a judgment is obtained, such judgment shall include interest, late charges and reasonable attorneys' fees, together with the costs of the action. Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 9 of 20 2005258 16 000 (e) In the event that it shall become necessary for the Board to collect any delinquent assessments or fees, the Association may foreclose the lien against the defaulting Owner's Lot created by Section 4.1 in like manner as a mortgage on real property, or may accept a deed in lieu of such foreclosure. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceedings, including reasonable attorneys' fees. The Association shall be entitled to purchase the Lot at the foreclosure sale and to acquire, hold, lease, mortgage or convey the same. The Board or managing agent of the Association may prepare a written notice setting forth the amount of such unpaid indebtedness, the name of the Owner of the Lot and a description of the Lot. Such a notice shall be signed by one of the Board or by the managing agent of the Association and maybe recorded in the records of the Clerk and Recorder, Flathead County, Montana. A release of lien shall be executed by the Association and recorded in the records of the Clerk and Recorder, Flathead County, Montana at the Owner's expense, upon payment of all sums secured by a lien or recorded notice of lien. The lien for each unpaid assessment attaches to each Lot at the beginning of each assessment period and shall continue to be a lien against such Lot until paid. The costs and expenses for filing any notice of lien shall be added to the assessment for the Lot against which it is filed and collected as part and parcel thereof. (f) In the event that it shall become necessary for the Board to collect any delinquent assessments or fees, the Association may pursue any and all other rights and remedies available to it. (g) No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or by abandonment of such Owners Lot. (h) The foregoing rights of the Association are cumulative and concurrent, may be pursued separately, successively or together and may be exercised as often as occasion for the same shall arise, it being understood and agreed that the exercise of any one or more of the rights provided for herein shall not be construed as a waiver of any of the other rights or remedies of the Association, at law or in equity or otherwise. Section 4.8 Payment by First Mortgagee. Any First Mortgagee holding a lien on a Lot may pay, but shall not be obligated to pay, any amounts secured by the lien created by this Article, and upon such payment such First Mortgagee shall be subrogated to all rights of the Association with respect to such lien, including priority. ARTICLE V - DESIGN CONTROL Section 5.1 Design Review Board. There is hereby established a Design Review Board, which shall be responsible for the establishment and administration of Design Guidelines to facilitate the purposes and intent of this Declaration. The Design Review Board ("DRB") may amend, repeal and augment the Design Guidelines from time to time. The Design Guidelines will be binding on all Owners and other persons governed by these Guidelines. Section 5.2. Design Review Board Membership. The DRB will be composed of three persons, one of whom should be a professional design consultant. All members of the DRB will be appointed by the Declarant, removed, and replaced by Declarant, in its sole discretion, until Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 10 of 20 expiration of the Period of Declarant Control or such earlier time as Declarant may elect to voluntarily waive this right by notice to the Association, and at that time the Board of Directors will succeed to Declarant's right to appoint, remove, or replace members of the DRB. Section 5. 3 Review. No structure or attachment to an existing structure and no building, fence, wall, canopy, awning, roof, exterior lighting facility, athletic facility or other improvement or attachment shall be constructed, erected, placed or installed upon the Property, and no change or alteration of the materials or appearance (including color) of the exterior of a building or other structure shall be made, and no change in the final grade of any Lot shall be performed, until the plans and specifications showing the nature, kind, shape, height, color, materials and location of the same shall have been submitted to, and shall have been approved in writing by the DRB as to harmony of external design and location in relation to surrounding structures and topography and compliance with the Design Guidelines then in effect. The plans and specifications so submitted shall comply in all respects with all applicable building and zoning regulations. The Design Review Board may require that the applicant submit additional materials reasonably required to perform its review function. In its review of such plans, specifications and other materials, the DRB may require that the applicant reimburse the DRB for the actual expenses incurred by the DRB in the review and approval process. Such amounts, if any, shall be levied as part of the annual assessment against the Lot for which the request for design approval was made and, as such, shall be subject to the Association's lien for assessments and subject to all other rights of the Association for the collection thereof, as more fully provided in Article IV of this Declaration. All improvements within the Property constructed by Declarant during the period of Declarant's control of the Association as provided in Section 3.3, shall be deemed approved by the DRB without the issuance of any writing evidencing such approval. Section 5.4 Procedures. The DRB shall approve or disapprove all requests for design approval within thirty (30) days after the complete submission of copies of all plans, specifications and other materials that the DRB may require in conjunction therewith. In the event that the DRB fails to approve or disapprove any request within thirty (30) days after the complete submission of all plans, specifications and other materials with respect thereto, approval shall not be required and this Article shall be deemed to have been fully complied with. Additional Design Review Procedures may be published as part of the Design Guidelines. Section 5.5 Vote. A majority vote of the Design Review Board is required to approve each request for design approval pursuant to this Article. Section 5.6 Records. The DRB shall maintain written records of all applications submitted to it and all actions taken by it thereon, and such records shall be available to Members for inspection at reasonable hours of any business day. Section 5.7 Liability. Neither the Board nor the Design Review Board, nor the members thereof, shall be liable in damages to any person submitting requests for design approval or to any Owner by reason of any action, failure to act, approval, disapproval, or failure to approve or disapprove in regard to any matter within its jurisdiction hereunder. Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page I l of 20 2005258 115000 Section 5.8 Variance. The DRB may grant reasonable variances or adjustments from any conditions and restrictions imposed by this Article, in order to overcome practical difficulties and prevent unnecessary hardships arising by reason of the application of the conditions and restrictions contained in this Article. Such variances or adjustments shall be granted only in case the granting thereof shall not be materially detrimental or injurious to the other property or improvements in the neighborhood and shall not militate against the general intent and purpose hereof. Section 5.9 Waivers. The approval or consent of the DRB to any application for design approval shall not be deemed to constitute a waiver of any right to withhold or deny approval or consent by the DRB as to any application or other matters whatsoever subsequently or additionally submitted for approval or consent hereunder. Section 5.10 Other Approvals. After receiving the approval of the DRB to any application for design approval, or after the failure of the DRB to approve or disapprove any such request within thirty (30) days after the complete submission thereof, or after receiving a variance pursuant to Section 5.6, the applicant shall obtain all other approvals as may be required by any governmental or quasi -governmental entity having jurisdiction over the Property. ARTICLE VI - INSURANCE Section 6.1 Insurance on Common Area. The Association shall maintain the following types of insurance, to the extent that such insurance is reasonably available, considering the availability, cost and risk coverage provided by such insurance, and the cost of such coverage shall be included in the Community Budget and shall be paid by the Association as a Common Expense: (a) Property insurance covering all insurable improvements located in the alleys and Common Area, if any, and all equipment, furnishings and other items of personal property relating solely thereto (including any snow melt system), except for land, foundations, excavations and other matters normally excluded from coverage, in an amount equal to the maximum replacement value thereof and, in any event, not less than necessary to comply with any co- insurance percentage stipulated in the insurance policy. Said policy shall contain a "Replacement Cost Endorsement' and an "Agreed Amount Endorsement." Such insurance shall afford protection against at least the following: (i) loss or damage by fire and other perils normally covered by the standard "all-risk" policy, and (ii) such other risks as shall customarily be covered with respect to projects similar in construction, location and use. (b) Comprehensive fidelity coverage or fidelity bonds to protect against dishonest acts on the part of officers, directors, trustees and employees of the Association and all others who handle or are responsible for handling funds of the Association, in an amount at least equal to the estimated maximum of funds, including reserves, in the custody of the Association at any given time; provided, however, that such fidelity coverage or fidelity bonds shall not be in an amount less than three (3) months aggregate assessments on all Lots, plus such reserve fimds. Such fidelity coverage or bonds shall meet the following requirements: (i) all such fidelity coverage or bonds shall name the Association as an obligee; and (ii) such fidelity coverage or bonds shall contain waivers of any defense based upon the exclusion of persons who serve without Declaration of Covenants, Condihons and Restrictions Northland Subdivision Page 12 of 20 2005258 16 b0U compensation from any definition of"employee" or similar expression. In the event the Association has delegated some or all of its responsibility for the handling of funds to a managing agent, the Association may require the managing agent to purchase, at its own expense, a policy of fidelity insurance or bonds which fully complies with the provisions of this clause (b). (c) General liability and property damage insurance against claims for bodily injury or death or property damage occurring upon, in or about the alleys or Common Area, in limits of not less than $1,000,000 for bodily injury or death to any number of persons arising out of one accident or disaster, or for damage to property, and if higher limits shall at any time be customary to protect against possible tort liability, such higher limits shall be carried. Such insurance shall cover claims of one or more insured parties against other insured parties. (d) Insurance against such other risks of a similar or dissimilar nature as the Board shall deem appropriate, including personal liability insurance to protect directors and officers of the Association from personal liability in relation to their duties and responsibilities in acting as directors and officers on behalf of the Association. Section 6.2 General Provisions of the Insurance Policies. All policies of insurance required to be carried under this Artiele shall be carried in blanket policy form, naming the Board, the Association, its officers and any managing agent, the Design Review Board, each Owner and each First Mortgagee, and their respective employees and agents, as additional named insured, as their interests may appear. Each insurance policy shall also contain a "severability of interest" endorsement that provides in case of violation of any provision thereof by the Association or one or more (but less than all) of the Owners, the coverage of such policy shall be suspended or invalidated only as to the interest of the Association or the Owner or Owners committing the violation and not as to the interest of any other party. All policies of physical damage insurance shall contain waivers of subrogation and of any defense based on co-insurance. The Association shall furnish a certified copy or duplicate original of each insurance policy, or renewal thereof, with proof of premium payment, to any party in interest, including First Mortgagees, upon request. All policies of insurance required to be carried under this Article shall be reviewed at least annually by the Board to ascertain that the coverage provided by such policies adequately covers those risks to be insured. ARTICLE VII - MAINTENANCE AND REPAIR Section 7.1 Responsibilities of the Association. The Association shall: (a) maintain and repair all vegetation, walkways and other paved areas, and improvements within the Common Area; (b) maintain and repair alleys located within the Property; and (c) pay all utility costs for utilities which are not separately metered and billed to each Lot by the appropriate utility provider, if any. Declaration of Covenants, Conditions and Restrictions Nortliland Subdivision Page 13 of 20 z00.525 8 I6j The Association shall not allow the alleys and improvements upon any Common Area to fall into disrepair and shall keep all such improvements in good condition and repair and adequately painted, surfaced or otherwise finished. The cost of such responsibilities of the Association shall be a Common Expense included in the budgets adopted by the Board pursuant to Article IV and shall constitute part of the assessments levied against each Lot pursuant to Article IV. In performing such activities, the Association shall not do any act or work which unreasonably impairs any of the Common Area or alleys, or which unreasonably interferes with any easement. The foregoing responsibilities of the Association shall not include repair or reconstruction following a casualty except to the extent otherwise provided in Article VII. Section 7.2 Maintenance of Lots. Each Owner shall be solely responsible for maintenance and repair of such Owner's Lot and all buildings, structures and improvements located thereon, including fixtures and improvements and all utility lines and equipment located therein which service only such Owner's Lot. In performing such maintenance and repair, or in improving or altering such Owner's Lot or the improvements located thereon, no Owner shall do any act or work which interferes with any easement granted or reserved herein. Section 7.3 Owners Neeli ence. Notwithstanding anything to the contrary contained in this Article VII, in the event that the need for maintenance or repair of the Common Area is caused by the willful or negligent or tortious act or omission of any Owner or such Owner's Guests, the cost of such repair or maintenance shall be the personal obligation of such Owner. Any amount assessed against an Owner by the Association pursuant to this Section shall be in addition to any annual, special or reconstruction assessment to which said Owner's Lot is subject and the Association shall have all of the rights pertaining to an extraordinary assessment specified in Article 1V for such amount. A deternunation of the negligence or willful or tortious act or omission of any Owner or such Owner's Guests, and the amount of the Owner's liability therefor, shall be determined by the Board at a meeting after notice to the Owner, provided that any such determination which assigns liability to any Owner pursuant to the terms of this Section may be appealed by said Owner to a court of law. Section 7.4 Failure to Maintain. If any Owner fails to carry out or neglects the responsibilities set forth in this Article, the Association may fulfill the same and charge such Owner therefor. Any amount assessed against an Owner by the Association pursuant to this Section shall be in addition to any annual, special or reconstruction assessment to which said Owner's Lot is subject and the Association shall have all of the rights pertaining to an extraordinary assessment specified in Article IV for such amount. ARTICLE VIII - RESTRICTIONS Section 8.1 General Plan. Declarant's goal at Northland Subdivision is to create a lastingly beautiful environment in which to live. Section 8.2 Restrictions Imposed. Certain activities and objects can be detrimental to the overall impression of the community. The Declarant hereby declares that all of the Property shall be held and shall henceforth be sold, conveyed, used, improved, occupied, owned, resided Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 14 of20 zoo52!js 16 quo upon, and hypothecated, subject to the following provisions, conditions, limitations, restrictions, agreements and covenants' as well as those contained elsewhere in this Declaration: (a) Use of Common Area. (i) No use shall be made of the Common Area which will in any manner violate the statutes, rules or regulations of any governmental authority having jurisdiction over the Common Area. (ii) The use of the Common Area shall be subject to such reasonable rules and regulations as may be adopted from time to time by the Board. (b) Use of Lots. (i) Subject to clause (ii) of this subsection below, the Lots shall be used for residential purposes only, including all ancillary uses permitted by this Declaration and applicable zoning ordinances. (ii) It shall be expressly permissible and proper for Declarant, its employees, agents, contractors and designees, to perform such reasonable activities and to maintain upon portions of the Property such facilities as Declarant deems reasonably necessary or incidental to the sale of Lots, the construction of improvements thereon and the development of the Property, specifically including maintaining business offices, storage areas, construction yards and equipment, signs, model units, sales offices, parking areas and lighting facilities. Notwithstanding the foregoing, subject to the right of the Declarant to close or limit the use of the Common Area while maintaining or repairing the same or making replacements thereto or performing construction activities therein, Declarant shall not perform any activity or maintain any facility on any portion of the Property in such a way as to unreasonably interfere with or disturb any Owner, or to unreasonably interfere with the use, enjoyment or access of such Owner or such Owner's Guests of and to such Owner's Lot, the Common Area and a public right of way. (c) Lots to be Sightly. Each Owner shall be responsible to maintain all structures on such Owner's Lot in a manner consistent with its original design, including painting, repair, landscaping, and removing trash and debris. No outside burning will be permitted except for outdoor barbecues. Except during any period of construction or reconstruction, each Lot at all times shall be kept in a clean, sightly and wholesome condition and no trash, litter, junk, boxes, containers, bottles, cans, implements, machinery, lumber or other building materials shall be permitted to remain exposed upon any Lot so that the same are visible from any neighboring Lot or any street. (d) Construction -related Uses. Declarant, for itself and its successors and assigns, hereby retains a right to store construction materials on Lots owned by Declarant and to make such other use thereof as may be reasonably necessary or incidental for the purpose of the completion of improvements of the Property, the performance of Declarant's obligations hereunder, and the sale of the Lots. Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 15 of 20 (e) Nuisances. No nuisance or unreasonably offensive or noxious activity, including noises (including those from sound systems) and activities or objects that create an offensive odor, nor any other use, activity or practice shall be permitted on or within any Lot which is the source of significant annoyance or embarrassment to, or which significantly offends or disturbs, residents of the Community or which materially interferes with the peaceful enjoyment or possession and proper use of any of the Property by its residents. As used herein, the term "nuisance" shall not include any activities of Declarant or its designees which are reasonably necessary to the development of and construction on the Property so long as such activities of the Declarant or its designees do not violate statutes, zoning ordinances, rules or regulations of any governmental authority having jurisdiction with respect thereto and do not unreasonably interfere with any Owner's use and enjoyment of such Owner's Lot or with any Owner's ingress and egress to or from such Owner's Lot and a public way. (f) Lots Not to be Subdivided. No Lot shall be subdivided. Not more than one (1) single-family detached residential unit may be located on any Lot, and each residential unit shall be used only as a single-family residence. (g) Garbage and Refuse Disposal. No garbage, refuse, rubbish, trash or cuttings shall be deposited on any street or any Lot. All garbage, refuse, trash and cuttings shall be kept in approved covered containers at all times and any such covered container shall be kept within an enclosed structure except for scheduled collections. Dumpster-type containers may be provided at locations specified by the Design Review Board in connection with construction, repair or remodeling of any improvement on the Property, at the Lot Owner's expense. (h) Recreational Vehicles. Motor homes, travel trailers, campers, boats, and other recreational vehicles shall not be parked on a Lot or street longer than 48 hours during any two - week period, provided that small utility trailers and boats shorter than 20 feet and not higher than six (6) feet, including trailer, may be parked in a storage area on the owner's Lot that is at least 24 feet from the Lot's front property line and four (4) feet from the front set back of the residence located on the Lot. No more than one storage area may be located on a Lot and no more than two items may be stored on any Lot. Storage areas must be enclosed by a fence (approved by the Design Review Board) that blocks from view the stored items from the street and other Lots. (i) Leases. As used herein the term "lease" shall include any agreement for the leasing or rental of a Lot. Any Owner shall have the right to lease such Owner's Lot provided that all leases shall provide that the terms of the lease and the lessee's occupancy of the Lot shall be subject in all respects to the provisions of this Declaration, the Articles of Incorporation, Bylaws and rules and regulations of the Association, and that any failure by the lessee to comply with any of the aforesaid documents, in any respect, shall be a default under the lease. (j) Mechanic's Liens. No labor performed or materials furnished with the consent of or at the request of any Owner or such Owner's agent, contractor or subcontractor, in connection with any Lot shall create any right to file a mechanic's lien against the Lot of any other Owner or the Common Area. Each Owner shall indemnify, defend and hold harmless the Association and each of the other Owners from and against liability arising from the claim of any lien on or against any such other Lot or the Common Area for labor performed or for materials Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 16 of 20 2005258 )95 DUO furnished with the consent of or at the request of the contracting Owner. At the written request of any Owner, the Association shall enforce such indemnity by collecting from the contracting Owner the amount necessary to discharge any such lien and all costs and expenses incidental thereto, including reasonable attomeys' fees. Said amount, costs and expenses may be levied by the Association against the contracting Owner as an extraordinary assessment and payment may be enforced by the Association as is provided in Article IV, Section 8.3 Violation. Determination with respect to whether or not a particular activity or occurrence shall constitute a violation of this Article IX shall be made by the Board and shall be final; provided, however, that a decision as to whether or not a particular activity or occurrence on, in or around the Common Area shall constitute a violation of this Article IX shall be made only upon a reasonable determination based upon the requirements limiting action of the Board as set forth in Section 3.5 (b ). ARTICLE IX— EXPANSION AND WITHDRAWAL Section 9.1 Reservation of Right to Expand. Declarant reserves the right, but will not be obligated, to expand the effect of this Declaration to include all or part of the Expansion Property. The consent of the existing Owners and Mortgagees will not be required for any such expansion, and Declarant may proceed with such expansion without limitation at its sole option. Declarant will have the unilateral right to transfer to any other person this right to expand by an instrument duly recorded. Declarant will pay all taxes and other governmental assessments relating to the Expansion Property as long as the Declarant is the owner of such property. Section 9.2 Completion of Expansion. When Declarant has determined that no additional property shall be added to Northland Subdivision, Declarant shall notify the Association in writing. Until such notice is given, Declarant retains the right to designate additional property as Expansion Property. Section 9.3 Declaration of Annexation. Any expansion of the Property may be accomplished by recording in the Declaration of Annexation and one or more supplemental Plats in the records of the Cleric and Recorder of Flathead County, Montana, before the expiration of the Period of Declaration Control. The Declaration of Annexation will describe the real property to be expanded, submitting it to these Covenants and provide for voting rights and Assessment allocations as provided in this Declaration. Specifically, each new Lot in the annexed area will be allocated one vote and liability for the Common Expenses equal to the liability allocated to each of the other Lots, and the proportionate voting interest and allocation of Common Expenses for the other Lots will be adjusted accordingly. Such Declaration of Annexation will not require the consent of Owners, the Association's member or its Board of Directors. Any such expansion will be effective upon filing for record of such Declaration of Annexation, unless otherwise provided therein. The expansion may be accomplished in stages by successive supplements or in one supplemental expansion. Upon recordation of any such Declaration of Annexation, the definitions used in this Declaration will be expanded automatically to encompass and referred to Northland Subdivision as expanded. Such Declaration of Annexation may add supplemental covenants peculiar to the Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 17 of 20 2005258 1 --) WU Expansion Property in question, or delete or modify provisions of this Declaration as it applies to the Expansion Property added. However, the Declaration may not be modified with respect to that portion of the Property already subject to this Declaration, except as provided herein for amendment. Section 9.4 Withdrawal of Property. Declarant reserves the right to withdraw from the jurisdiction of these Covenants any parcel of Property (including Expansion Property), provided however, that no parcel may be removed after it has been conveyed to a purchaser. ARTICLE X - GENERAL PROVISIONS Section 10.1 Enforcement. Enforcement of the covenants, conditions, restrictions, easements, reservations, rights -of -way, liens, charges and other provisions contained in this Declaration or the Articles of Incorporation, Bylaws or rules and regulations of the Association, all as may be amended from time to time, shall be by any proceeding at law or in equity against any person or persons, including the Association, violating or attempting to violate any such provision. The Association and any aggrieved Owner shall have the right to institute, maintain and/or prosecute any such proceedings, and the Association shall further have the right (after notice and an opportunity to be heard) to levy and collect fines for the violation of any provision of the aforesaid documents. In any action instituted or maintained under this Section, the prevailing party shall be entitled to recover its costs and reasonable attorneys' fees incurred pursuant thereto, as well as any and all other sums awarded by the Court. Failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 10.2 Severabilitv. Invalidation of any of the covenants, restrictions or other provisions contained in this Declaration by judgment or court order shall in no way affect or limit any other provisions, which shall remain in full force and effect. Section 10.3 Conflict of Provisions. In case of any conflict between this Declaration and the Articles of Incorporation or Bylaws of the Association, this Declaration shall control. In case of any conflict between the Articles of Incorporation and the Bylaws of the Association, the Articles of Incorporation shall control. Section 10.4 Transfer of Rights. Any Special Declarant Rights created or reserved under this Declaration for the benefit of Declarant may be transferred to any person by an instrument describing the rights transferred and recorded in the office of the Clerk and Recorder for the County of Flathead, Montana. Such instrument shall be executed by Declarant and its transferee. Section 10.5 Duration. Each and every provision of this Declaration shall run with and bind the land from and after the date of recording of this Declaration. Section 10.6 Amendment Revocation This Declaration may be amended or revoked at any time by any instrument approved in writing by not less than sixty-seven percent (67%) of the Members; provided, however, that: Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 18 of 20 (a) So long as Declarant continues to own one or more Lots and it has not notified the Association that no additional property will be added to Northland Subdivision, this Declaration may not be amended, modified or revoked without the prior written consent of Declarant. (b) Declarant hereby reserves and is granted the right and power to record technical amendments to this Declaration at any time prior to the termination of Declarant's control of the Association for the purposes of correcting spelling, grammar, dates, typographical errors, or as may otherwise be necessary to clarify the meaning of any provision of this Declaration. (c) No amendment may create or increase Special Declarant Rights, increase the number of Lots, or change the boundaries of any Lot or the allocated interests of a Lot, or the uses to which any Lot is restricted, in the absence of unanimous consent of the Owners. An amendment or revocation of this Declaration shall be effective when duly recorded in records of the Clerk and Recorder, Flathead County, Montana. Section 10.7 Registration by Owner of Mailing Address. Each Owner shall register such Owner's mailing address with the Association, and all notices or demands intended to be served upon an Owner shall be sent by mail, postage prepaid, addressed in the name of the Owner at such registered mailing address, and all such notices and demands, other than statements and other routine notices, shall be sent by either registered or certified mail. However, if any Owner fails to so notify the Association of a registered address, then any notice or demand may be sent to such Owner at the address of such Owner's Lot. All notices and demands shall be deemed to have been duly served or given if delivered personally or if addressed as provided above and mailed, postage prepaid, in the U.S. mail system. All notices, demands or other notices intended to be served upon the Board of the Association or the Association shall be sent by certified mail, postage prepaid, to 622 St. Andrews Drive, Columbia Falls, MT 59912, until such address is changed by the Association by notice to all Owners. IN WITNESS WHEREOF, the Undersigned, being the Declarant herein, has hereunto set its hand and seal as of the day and year first above written. BRIDGELAND DEVELOPMENT, LLP By H - ighlandDevel ent, LLC, Ge f feral Partner of Bridgeland Development, LLP by Marvin Galts, President of Highland Development, LLC Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 19 of 20 2005258 15-606 STATE OF MONTANA 6Y-M County of Flathead This instrument was acknowledged before me on this day of e M h 2005, by Highland Development, LLC, Genera( Partner of Bnd eland Development, LLP by Marvin Galts, President of Highland Development, LLC. L n (Type, Stamp or Print Name) Notary Public for t e tate of Montana Residing at s,�, Montana My commission expirese20� Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 20 of 20 4 RETURN TO: Todd D. Glazier Glazier Law Firm, P.C. I IIINIII II II I P.O. Box 202 III IINIIINI IINI IINIIINI IINI IINI IINI IINI IIIIIIINI IIN N IIII iIN Ilil —1 Ul of 4 UUUoob/ �. Kalispell, Montana 59901 Paula Robinson, Flathead county Fees: $44.00 p ty MT b V DD 3/22/2010 4:10 PM Q � 0 �Q DECLARATION OF ANNEXATION TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF NORTHLAND SUBDIVISION )-� ap THIS Declaration of Annexation is executed on this day of September, 2009, by Bridgeland Development, LLP, a Montana company (hereinafter referred to as the O "Developer"). O RECITALS: Developer has executed and recorded written Declaration of Covenants, Conditions and y� Restrictions of Northland Subdivision Phase I dated September 9, 2005, and recorded on September 15, 2005 with the office of the Flathead County Clerk and Recorder, Document Reception No. 200525815000 (hereinafter referred to as the "Declaration"); and Pursuant to the terms and conditions of the Declaration, specifically Article IX 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 I, Section 1.1; and O The Developer has opted to expand and include Phase II and Phase III, all of which is shown on Site Plan attached hereto as Exhibit "A" and made a part hereof by this reference. ACCORDINGLY, the undersigned Developer hereby annexes into the Declaration as g follows: a l . All of the above and foregoing Recitals forma art of the operative and g�g P p substantive provisions of this Annexation. O � 2. The addition of real property now owned or owned in the future by Declarant V) N identified in Phase II and Phase III shall be as shown and described on the Site ") Plans attached hereto as Exhibits "A" and `B." O o © Page 1 of 2 AP 201000006687 Page: 2 of 4 Fees: $44.00 3/22/2010 4:10 PM Paula Robinson, Flathead county MT by DD 3. This Annexation of Phase II and Phase III shall be effective upon the date that this document is recorded in the office of the Flathead County Clerk and Recorder. 4. Except as annexed by this Declaration of Annexation, all of the terms and conditions of the Declaration shall be and remain the same and in full force and effect. 5. Let this document serve as notice to all future purchasers that all lots in Phase II and Phase III are subject to the Covenants, Conditions and Restrictions of Northland Subdivision Phase I dated September 9, 2005, and recorded on September 15, 2005 with the office of the Flathead County Clerk and Recorder, Document Reception No. 200525815000. IN WITNESS WHEREOF, the Developer has executed this Declaration of Annexation effective the date and year first above written. STATE OF MONTANA Flathead County ..� DEVELOPER: Bridgeland Development, LLP By: M n Galts, President of Bridgeland Development, LLP : ss nent was acknowledged before me this G 1 day of September, 2009, by ident off Development, LL(' �. Printed Name: �a ✓ba-rl Notary Public for S to of Montana Residing at: My Commission Expires: Page 2 of 2 DECLARATIONS OF ANNEXATION TO DECLARATION OF COVENANTS CONDITIONS AND RESTRICTIONS OF NORTHLAND SUBDIVISION THIS DECLARATION OF ANNEXATION is executed on this this Z4; day of August, 2021, by KALISPELL PUBLIC SCHOOLS STUDENT BUILT HOMES, a nonprofit corporation (hereinafter referred to as the "Developer". RECITALS: Bridgeland Development, LLP has executed and recorded written Declaration of Covenants, conditions and Restrictions of Northland Subdivision Phase I dated September 9, 2005, and recorded on September 15, 2005 with the office of the Flathead County Clerk and Recorder, Document Reception No. 200525815000 (hereinafter referred to as the "Declaration"); and ALSO Bridgeland Development, LLP has executed and recorded written Declaration of Annexation to Declaration of Covenants, Conditions, and Restrictions of Northland Subdivision and dated September 29, 2009 recorded on March 22, 2010 with the office of the Flathead County Clerk and Recorder, Document Reception No. 201000006687 (hereinafter referred to as the "Declaration Annexation"); and Pursuant to the terms and conditions of the Declaration and specifically Article IX, Section 9.3 thereof, the Developer has the right to expand the effect of the Declaration to include the Expansion Property; The Developer has opted to expand and include Lot 52 A and Lot 52 B as shown on the Site Plan attached hereto as Exhibit "A" and made a part hereof by this reference. ACCORDINGLY, the undersigned developer hereby annexes into the Declaration as follows: 1. All of the above and forgoing Recitals form a part of the operative and substantive provision of this Annexation. 2. The addition of real property now owned by the Declarant identified as the Resubdivision of Lot 52 of Northland Phase 11 shall be shown and described on the Site Plan attached hereto as Exhibit "A". 3. This Annexation of the Resubdivision of Lot 52 shall be effective upon the date this document is recorded in the office of the Flathead County Clerk and Recorder. 4. Except as annexed by this Declaration of Annexation, all of the terms and conditions of the Declaration and the Declaration of Annexation shall be and remain the same and in full force and effect. S. Let this document serve as notice to all future purchasers that both lots in the Resubdivision of Lot 52 of Northland Phase II are subject to the Covenants, Conditions and Restrictions of Northland Subdivision Phase I dated September 9, 2005, and recorded on September 15, 2005 with the office of the Flathead County Clerk and Recorder, Document Reception No. 200525815000. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the date the year first above written. DEVELOPER: Kalispell Public Schools Student Built Homes, a non profit corportation -------------------- 602 ck Anderson, President Kalispell Public Schools Student Built Homes, a non-profit corporation STATE OF MONTANA Gwyn M. Andersen, Registered Agent :SS. Flathead County ) On this zIr _day of Au uSf , 201 t , before me, the undersigned, a Notary Public for the State of 1M, personally appeared Bvack Wj% cyaoh vt'% ja"gknow tome to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same. IN WITHESS WHEREOF, I have hereunto set my hand and affixed my official seal the date first above written. Notary Public for the State of Montana gIAkQ0•,, DELIA BIANGONE a.•,,,07AA1A1 R` Notary Public for the State of Montana - ;.SEAL -y_ Residing at: 919fork, Montana My commission Evlres: ••-,,,,,,..,.,,,,,v August 07, 2023 Residing at: _ ' v k- i � My Commission Expires: Z3