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H2. Northland Ph 5D Final plat transmittal
CITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine SUBJECT: Final Plat request and Subdivision Improvement Agreement for Northland Subdivision Phase 5D MEETING DATE: December 20, 2021 BACKGROUND: Our office has received an application for final plat approval from WGM Group, on behalf of Bridgeland Development, LLP, for a 40-lot (20 single-family lots and 20 sublots) residential subdivision on approximately 7.71 acres of land. The subject property is located in the Northland PUD at the western end of Northridge Drive. The property can be described as a tract of land lying west of Northland Subdivision Phases 5A and 513 and being a portion of Tract 1 of COS No. 19654, on file and of record in Flathead County, Montana, located in the Northwest Quarter of Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, City of Kalispell, County of Flathead, Montana, and is more specifically described on the face of the final plat. The Kalispell City Council approved the preliminary plat with 20 conditions on June 5, 2017 (Resolution 5816). All of the conditions have been met or otherwise adequately addressed. The attached report summarizes the applicant's compliance with the conditions of approval. In addition, a Subdivision Improvement Agreement in the amount of $79,300.00 (125% of remaining cost) is included for City Council action. RECOMMENDATION: It is recommended that the City Council approve the final plat and Subdivision Improvement Agreement for the Northland Subdivision Phase 5D. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: December 15, 2021 c: Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL December 15, 2021 Doug Russell, City Manager City of Kalispell 201 lst Ave E Kalispell, MT 59901 Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Re: Final Plat request for Northland Subdivision Phase 5D Dear Doug: Our office has received an application for final plat approval from WGM Group, on behalf of Bridgeland Development, LLP, for a 40-lot (20 single-family lots and 20 sublots) residential subdivision on approximately 7.71 acres of land. The subject property is located in the Northland PUD at the western end of Northridge Drive. The property can be described as a tract of land lying west of Northland Subdivision Phases 5A and 5B and being a portion of Tract 1 of COS No. 19654, on file and of record in Flathead County, Montana, located in the Northwest Quarter of Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, City of Kalispell, County of Flathead, Montana, and is more specifically described on the face of the final plat. The Kalispell City Council approved the preliminary plat with 20 conditions on June 5, 2017 (Resolution 5816). All of the conditions have been met or otherwise adequately addressed. The attached report summarizes the applicant's compliance with the conditions of approval. In addition, a Subdivision Improvement Agreement in the amount of $79,300.00 (125% of remaining cost) is included for City Council action. COMPLIANCE WITH CONDITIONS OF APPROVAL 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 has been in substantial compliance with the submitted materials and approvals related to the project. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat was originally approved on June 5, 2017, and the most recent final plat for Phases A/B was approved on August 17, 2020, after an extension was granted by the City Council on June 15, 2020. The current preliminary plat is valid until August 17, 2022. 3. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. Staff Response: This condition has been met. The applicant has submitted a letter from Public Works dated June 4, 2020, approving the design and a certification from the applicant's engineer dated September 20, 2021, stating that the stormwater system was installed as designed. 4. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. The City of Kalispell stormwater management permit dated October 4, 2019, was submitted as well as a letter from DEQ dated October 2, 2019. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Staff Response: This condition has been met. The applicant submitted a letter from Public Works dated June 4, 2020, approving the design as well as documentation from DEQ dated July 2, 2020, and July 6, 2020, approving the project. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Staff Response: This condition has been met. A letter from Public Works dated June 4, 2020, approving the design of the project was submitted. 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. A letter from Public Works dated September 29, 2021, was submitted which accepted the new infrastructure and that incomplete work has been appropriately bonded for. 8. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. A letter from Public Works dated September 29, 2021, was submitted which determined that the required easements and rights -of -way are acceptable. 9. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The note appears on the face of the final plat. 10. 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 US Postal Service dated December 18, 2019, is attached approving the location. 11. A temporary turnaround shall be required at the north terminus of Northridge Way to the satisfaction of the Public Works Director. Staff Response: This condition has been met. A temporary hammerhead was installed at the northern end of Northridge Way. The design was reviewed and approved by the Public Works Department per the engineering review letter dated June 4, 2020. 12. One additional Kalispell Bypass trail access point shall be installed (8-foot-wide concrete or 10- foot-wide asphalt surface) along the western property boundary. The trail access point can be installed anywhere north of Northridge Drive along the western property boundary. Staff Response: This condition has been met. An access point was installed near the temporary hammerhead at the northern end of Northridge Way to the north of Northridge Drive. 13. The townhouse lots located along the westerly property boundary shall have a street frontage density of 40 feet/unit or larger. If the density is less than 40 feet/unit an alley shall be incorporated into the design of those lots. Staff Response: This condition has been met. Each of the sublots along the western boundary are 40 feet in width and an alley is not required. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Staff Response: This condition has been met. The applicant submitted a letter from the Parks Department dated December 9, 2021, approving the plan and accepting a payment in -lieu of $15,989.40 for remaining trees. 15. A parks plan for the areas designated as "open space and storm water management area" shall be approved by the Parks and Recreation Director. Staff Response: This condition has been met. The Parks Department has reviewed the overall parks plan for the development. Additional parkland was necessary to meet the requirements for this phase. Per a memo from the Parks Department dated December 9, 2021, accepted a total of $42,250.00 as a cash -in -lieu payment to make up the 0.65 acre difference. 16. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been adequately addressed. The face of the final plat includes a note waiving protest of the creation of a park maintenance district for the maintenance of the homeowners park. 17. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. Staff Response: This condition has been met. An HOA was previously formed with earlier phases of the development. A Declaration of Annexation to the Covenants has been prepared which would incorporate this phase into the HOA. 18. 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. More than two-thirds of the necessary infrastructure has been completed and the remainder is bonded for as part of the Subdivision Improvement Agreement. 19. All utilities shall be installed underground. Staff Response: This condition has been met. The utilities are installed underground. 20. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been met. According to the applicant, all disturbed areas have been revegetated and additional landscaping will be installed under the subdivision improvement agreement. 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, the R-3 underlying zoning, and the Planned Unit Development overlay on the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat and subdivision improvement agreement for Northland Subdivision Phase 5D. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat - Subdivision Improvement Agreement dated 12/10/21 - Applicant letter responding to conditions dated 9/20/21 - Final plat application - Fidelity American Title Report 5010500-1000922-CT dated 8/20/21 - Consent to Plat from American Bank dated 11/22/19 - Consent to Plat from Howler Developments dated 3/15/21 - Flathead County tax certification dated 9/20/21 - WGM Sewer certification dated 8/10/21 - WGM Stormwater certification dated 9/20/21 - DEQ Storm Water Discharge letter dated 10/2/19 - DEQ MFE Letters dated 7/2/20 and 7/6/20 - USPS letter dated 12/18/19 - City Stormwater Management Permit dated 10/4/19 - Kalispell Public Works Engineering Approval dated 6/4/20 - Kalispell Public Works acceptance/easement letter dated 9/29/21 - Kalispell Parks Dept boulevard letter dated 12/9/21 - Kalispell Parks Dept parks memo dated 12/9/21 - CCRs and annexation declaration c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: WGM Group 431 1st Ave W Kalispell, MT 59901 OWNER PLAT OF NORTHLAND SUBDIVISION PHASE 5D A SUBDIVISION LOCATED IN THE NW 114 OF SECTION 1, T. 28 N., R. 22 W., PRINCIPAL MERIDIAN. 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THE — El ors -_ AT -HAAA-I, IRSTR.—T F% REG�RE�G THE IET�!�M T THE, _gj_ HYI � P HA A GERT—GAIE-1— N� PR GAAL — HE I `RSR L THEPIA HDIAwH DETINED IN "T" N' I I A"" PTER I_ A CGEI A-1 TT _GT i " ";�' RI—T A A AI " �l III I _' " YTM YHETEG GA TH T THE PRI REAS , I EA�l EGA wDxLMREE_R , TAIIA 'TH, APIGT TEP U EE GET AA,— TH I IAL I I R.I I., LATER IDx THAI, RL 2022 512 AUP IPEI 'E ," QH�N, 4 THI 15 A IR.—ARY RR GIAL G '0'a °Oys J�I PARKRIDGE DRIVE DETAIL'A' H. 41 e® a s II> a Ir pl Z - DETAIL'B' siE oErnlE PLAT OF NORTHLAND SUBDIVISION PHASES 5D A SUBDIVISION LOCATED IN THE NW 1/4 OF SECTION 1, T. 28 N., R. 22 W., PRINCIPAL MERIDIAN, MONTANA CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTAN4 DEED EXHIBIT BOOK 501 PAGE 162 m s%a n� Iv13. 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BASIS OF BEARINGS DRIVE <° wuE c�T. a°m wx� xa„x °. xD(STATE PunE (ns pRKRIDGEo(l F a r,.wio `u"a°�E.z.Anas w ` rr._ _ NOR-ANDPHASE : DNSo wr w a , a x x" PACE ,az - -x s„a m N VAN WGMGROUP ua,_Ammw.xw.w�� P AT OF NORTHLAND SUBDIVISION PHASE 5D A SUBDIVISION LOCATED IN THE NW 114 OF SECTION 1, T. 28N., R. 22 W., PRINCIPAL MERIDIAN, MONTANA L___ _ CRY OF RALISPELL, COUNTY OF FLATHEAD, MONTANA ,_-_E-�•� �„ NOTES n a ,-n nEw •n wu o Nam T - m�, .e n a �Tw T T o nxr omm ene. wT O ig y x °' ----,vm___ __gym,m xwo 1xnaxwcs is axoximreo urv�ss neexovrn er me xwsenc ovnAnxo,r rc 1-1 nno nEcncnnay. n O 9 le r� ,•'46 > m n sr z x.z.emus .cco ur.�sx... rc e owom mVnccano..a .,, eF n.wseri am to ,Bores. nic exunox or . enx xux,u,nn� mstn,c* ra+ unimwnxrc rc noxeoowms u e 4 x�' e O 9 t am A u�o r nx[ cowrco in nnszs er . enivnrz s aa,wn,w uscuw, .a 111T mis aug es. • sa .no LOT 8 V .JT� -R • v._ __ m0v -- .nY alias' - -- X ^ S 'F o-aT.wo s NORTHRIDG �,prb _ aNwr ro erortsT ,wc rrnunna, snoeenwnmr� w n �can� iw>xow,cx. wsm,m I-) ron / Svc 5 siam. an,['ssxcinrwi, ury �®� g _e DRIVE ery ,aa en. "Ls�� T+ o `� I ,. aLL—.1 .ne..HuxT I.—xaren a.nmwsc g O P-gm. )T. >• A@a, ®i4Orar N s AT ,. ,•m BI to a .�°:m s o W w r• � `� Z P � rml i � B S ro uc; ®Gmj C j � �' j � ` ,fi' mn�' vi ? •x.. ip ,00� lell is OTx I lay ,�„y _T o , $ � ,�• �' �" mrzQv 1. m.gT sw yid �m RIT �%F«T MMasxe,_;oz, ITxo ,sa�a�.TPx�D — •x.n w I L°O`o°T I I a DRIVE �°�h.• .xdc N'a o u I / +tea sue' � ael P PARCEL CURVE DATA MA WGM GROUP u m,,-- LEGEND a iwr1,/aA"a;e .�.. v`� �"' ,-rn nuow eusnc cw o T vs ixW cux/:xc xT� 6xnw;'�wr,..,sn:)w,x a.aTT. —ITT • eos ow ,sre. z..,. ,Warn wn-,/. x. eew'�n , o ,`tx` wPa°rEursw "swucim I (xoxmuxo sce. emw °usnc cram) • ro s/a m. x slime m , r/. a elxx cee (n�. s,zzres .-/R1.11) eN(rox,xuxo sxn I—. 5. • ss, „(w� 3z-xT (.ssa o o wa.a.,gs sa A III)s'OEWr'" O am.,sox eTwnon. „xe Return to: Aimee Brunckhorst Kalispell City Clerk 201 1 `' Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMEE,N�Tp,, THIS AGREEMENT, made and entered into this '64-day of !/t- ��r , 20,1( , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Bridgeland Development LLP (Name of Developer) a Company (Individual, Company or Corporation) located at 315 Parkland Drive #4 Kalispell. MT 59937 (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to,as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Northland Phase D (Name of Subdivision) located at NW 1/4 Section 1, T28N, R22W, P.M.M., Flathead County Montana (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Northland Phase 5D , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: The Developer shall deposit as collateral with the City a Letter of Credit, ol other acceptable collateral as determined by the City Council, in the amount of $ N jLaid Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: rig 3CD a. That the creditor guarantees funds in the sum of $ $ T' Rt _the estimated cost of completing the required improvements in Northland Phase 5Q. (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by AUgUSt 20 , 20_22_ 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT - That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Bridgeland Development LLP (Name of Subdivision/Developer/Firm) bA� lak�" u ame) (Title) STATE OF MONT NALr - COUNTY OF PQ.r I t 0.0k-- On this Za-A— day of , 20 oil , before me, a Notary Public for the State of (Montan�aIj,� personally appeared 1'Ghd Vo. W i i 'K known to me to be the I U Ei t � l�� 14 of _! eland M�q- , whose name is subscribed to the foregoing instrument and acknowledged -to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. AX (t- '::AX "Ckqv-� Notary Public for the State of Montana Printed Named r"a 6L G Residing at My Commission Ex Tres J2 / 3 2 o 2.3 MAYOR, CITY OF KALISPELL ATTEST: MAYOR CITY CLERK T°ah CYNTHIATUGHOPE $r o� Notary Public for the State of Montana * Now rjal *: Residing at KALISPELL, MT My Commission Expires February 13, 2023 EXHIBIT A CONDITIONS OF APPROVAL 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 condit.inns_assnriated_udth_the preliminary_plat_as- appro_ved i IV i It - city council. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. 3. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. 4. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. 8. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 9. The following statement shall appear on the final plat: 'The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." C5 Developer's Signature 10. 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 _ Onal plat.. In addition_ t iL deliYe y _site and .tmY mvemMt%t 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. 11. A temporary turnaround shall be required at the north terminus of Northridge Way to the satisfaction of the Public Works Director. 12. One additional Kalispell Bypass trail access point shall be installed (8-foot-wide concrete or 10-foot-wide asphalt surface) along the western property boundary. The trail access point can be installed anywhere north of Northridge Drive along the western property boundary. 13. The townhouse lots located along the westerly property boundary shall have a street frontage density of 40 feet/unit or larger. If the density is less than 40 feet/unit an alley shall be incorporated into the design of those lots. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 15. A parks plan for the areas designated as `open space and storm water management area" shall be approved by the Parks and Recreation Director. 16. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 17. A homeowners association (HOA) shall be formed and established for the common areas prior to final plat. 18. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 19. All utilities shall be installed underground. 20. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Project Name: NORTHLAND PHASE 5D WGM Project Number: 160330 Owner: BRIDGELAND DEVELOPMENT, LLP Bonding Date: December 9, 2021 EXHIBIT "B" CERTIFICATION OF WORK TO BE �}� W G M G R O U P COMPLETED Completed as of Bonding Date Total F.nal Construction Construction Quantity Costs Quantities and Costs Line Item Item Description Unit Quantity Unit Price Total Quantity Current Total Schedule 1- Site Work 1.1 MobiIRel�n,Sub•nft:talsdF.4mrl4 LS 1 $2b,5D0.00 $26,SOO40 1.0000 $26,50DOO 1.2 Ero3lonControtMeasures LS 1 $18AW-00 S18,5W.00 1.0000 S18,500.D0 13 Tram Control t5 1 $41.750.00 $41,750.00 1.0000 $41,750.00 S.s Material rastr,F L5 1 $35,000.00 $39,000.00 1.0000 $39,000.00 1.3 Exploratory E"cavaWn hr 16 $324.00 $5,184.00 16 $5,184.00 1.6 ,Demolillon and Proyar Disposal SY 715 $15.56 $11,436.60 735 $11,436.60 1.7 relocate port" oteclstln;TS CY 17000 $3.50 $59,500.00 17000 $59,500.00 1.8 Strip, Stockplla & Respieed Top Soil CY 12000 $5.00 $60,000.00 6000 $30,000.00 1.9 Esrgkw-kEmbaokment&Excavaikx. CT 13100 $5.25 S68,775.00 1310D $68,775.00 1.10 Seeding and Restoration LS 1 $4,675A0 $4,675.00 0 $0.00 I." Mix Work Fence Demo/stony rlegreds LS 1 $2,000.00 $2,000.00 0 $0.00 SCHEDULE 1 TOTAL $337,320.60 $30OM5.60 Schedule 2 - Roads & Sidewalks 2.1 64ateKSls F*". SY 5363 SO." $4,846.97 5,363 $4.946,97 2.2 1.5" Minus select Subbase Material (9' depsh) cY 2080 $30.50 $53,440.00 2,080 S63,440.00 23 3/4" Minus Boa Course Moterlat (6'dept_h) CY 1113 $32 50 $36,17250 1.113 $36,172 50 2A 4"A3phait SY SB50 $19.00 $111,150.00 5,850 $111,150.00 2.4 Mrd4dhe Path SY 1942 $26.00 $47,892.00 1,727 $0,902.00 2A MLAWse Path ccxcreie ACC 5F 288 $14,56 $4,193.20 298 $4,193.28 2.5 0:-b&G4t1ar LF 2983 $17.58 $52,441,14 2,933 $52,441.14 2.5 StroetlMersectionGutler R 1094 $7.54 $8,243,76 1,094 $8,248.76 2.6 Sldewelks (4•Convete, 6' base, V width) SF 17230 $5 31 $91,49i.30 17,230 $91.491 30 2.7 DffbKlebi■ W2Minf0ffvlcas EA 16 $264.00 $4,224.00 16 $4,224.00 2.9 Boulward(4'topsotl,sesdln8,9'w4ttij SY 2759 $4.34 $11,974.06 2.759 $31,974.06 2.9 511raatsijns EA 3 $853.00 $2,559.00 3 $2,559.00 2.10 6' Bollards EA 3 $725.00 S2,175.00 0 $0.00 SOEDULE 2 TOTAL $440,808.Os $435,643.01 Schedule 3 -Water System 31 8' E!)W PVC Wet*. Malu LF 2554 $57.00 $881578.0D 1,554 $8%578.00 1.2 8' MI Band L-k 4 $461.00 $1,644.00 4 $1A44.00 3.3 9' x 8' x 8'.Vi Tee EA 2 $771.00 $1,542.00 2 $1,542.00 3.4 a'x8'x6'x8'lvu'4 s EA 1 $1,065.00 $1,065.00 1 $1,065.00 3.5 8' Ml End capw. Blwn f EA 1 S3,015.00 $3,015.DC 1 $3,015.00 3.6 8, WckyGore V*"w,Box and Coils- EAR 15 $1,930.00 $28,950.00 15 $28,950.00 37 Connect to Existln8 Water MN MN Ext. EA 2 $2,000.00 $4,000.00 2 $4,OWOO 3.8 6" Fire Hydrant Assembly EA 4 $6,380.00 $25,520,00 4 $25.520 00 3.9 Lower 9" Water Y41n EA 2 $3.585.00 $7,070.00 2 $7,070.D0 3.10 3/4" Domestic Water Services EA 40 $3,235,00 $129,400.00 40 $129A0D.00 SCHEDULE 3 TOTAL $290,984.00 $290,964.00 Schedule 4 - Sewer System 4.1 Connect to Existing City Sewer EA 3 $2,080.00 $6,240.00 3 $4240.00 4.2 8'SDR35Sewer Main LF 1962 $49.00 $96.138.00 1,962 $96,138.00 43 48" Sewer Manhole w. Frame Cover and Collar EA 14 $3.715.00 $52.010.00 i4 $52,010.00 4R 4" $@war SerAces €A 4U $1,855.00 $74,200.00 40 $74,200.00 SCHEDULE 4 TOTAL $228,s66m S228,9B9A0 Schedule 5 - Stormwater Management 51 30' I.D. Ct'thkas'i {with Casnn;, ApronFand Rings) Ex 4 $2,371.00 $9,484.00 4 S9,484.00 5.2 46" I.D. Manfiole jvridt Casting,Alxan, and Rings) EA 4 $3,150.00 $12,600.00 4 $12,600.00 5.3 e6"E.R.MMV-R;W4th CnUeg,ApMn,and Rl_ngs}IYPk2 EA 1 $2,770.00 $2,770.00 1 $2,770.00 SA 12' Sturm Drain • 5DR 35 LF we $39.00 $31,512.00 am 531,512.00 53 Flared End Section w. Pond Reshape, EA 4 $1,525,00 56,060.00 4 $6.060.00 SCHEDULE 5 TOTAL $62AWAO $62A26.00 Schedule 6 - Dry Utilities, Street Lighting, and Signage 61 Utility Trench w. Bedd rg LF 2390 $9.00 $21,510.00 2,390 $21,510.00 6.2 11&h4DPVC LF d97 $3.56 $1,057,32 297 $1,057.32 64 Street. VaM Concrete We M 6 $1,200.00 $7,200.00 6 $7.200.00 64 3"SCh40PVC E1e VY mlCorldult LF 3761 $5.07 S19,068.27 3,761 $19,00.21 6.5 Singh Phase Concrete VauK EA 1 $1,005.00 55,025.00 5 $5,025.00 6.6 Sacmdary Ekw.rlwl Pedaical EA 11 S143.00 $2,431.00 17 $2,431.00 6.7 'hreePha"Concrete .Vault EA 1 $1,535.00 $1,535.00 1 $1,535.00 6.8 21Sch40PVC Comnvn bn"uft LF 2990 $3.00 $7,170.00 2,390 $7,270.00 5CHEDULE6T0TAL $641996.59 $64,996.59 Schedule 7 - Closeout Engineering Services 7.1 RKurd DrawInsk .4 1 SS,000.00 $5.000.00 1 $51000.00 SCHEDULE 7 TOTAL SSA0040 $5,1M.00 Schedule 8.Open Space Landscape Services 8.1 4pagSpaceTrees EA 28 $=.Do $22,400.00 D $800.00 SCHEDULE 7 TOTAL $22AW.00 $g00AD CIVIL CONSTRUCTION BASE BID TOTAL $1,452,523.20 $1,389,083.20 TOTAL PROJECT BUDGET $1,452,523.20 $1,389,DR3.20 TOTAL ESTIMATED COST OF CONSTRUCTION $1,452,523 20 Approximate percentage of Completed AMOUNT COMPLETED PRIOR TO BONDING $1,399,083.20 AMOUNT OF REMAINING WORK PRIOR TO BONDING 63,440.00 AMOUNT OF BOND 1125%OF REMAINING WORK)" $79,300.00 work as of handing date: 9S.5% AS PROJECT ENGINEER FOR NORTHLAND PHASE SD, I CERTIFY THAT THE WORK LISTED HEREIN IS CORRECT. IN ADDITION, I CERTIFY THAT THE ASSOCIATED COSTS ARE REASONABLY ACCURATE ESTIMATES OF THE RESPECTIVE COSTS OF THE WORK. THE VALUE OF CONSTRUCTION AND OTHER WORK COMPLETED TO DATE IS ESTIMATED TO BE: $1,399,093.20 THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: $63A40.00 SECURITY HELD AT 125%OF THE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: $7%300.00 REDUCED BOND FROM SA%SR (INCLUDING LANDSCAPE AT 125%) $54,358.63 TOTAL BONDING REQUIRED SA, SO, SO $133,658.63 CASHIERS CHECK SENT TO KALISPELL PUBLIC WORKS (2020) $29,465.87 EXISTING BOND FROM SA/SB {INCLUDING LANDSCAPE AT 125%) S79,892.00 BOND FOR REMAINING PHASE SD WORK $24,300.76 Ben Rankin, P.E. 'ALL IMPROVEMENTS SHALL BE COMPLETED BY: August 20, 2022 q"A&WGMGR0UP Community Values. Inspired Futures. September 20, 2021 Jarod Nygren, Director Kalispell Planning Department 201 15t Avenue East Kalispell, MT 59901 Re: Final Plat Approval for Northland Subdivision Phase 5D Dear Jarod: As engineer of record for Northland Subdivision Phase 5D, I hereby certify that all of the conditions stated in Resolution No. 5816 have been addressed to the best of my knowledge. Enclosed is the Final Plat application for Northland Subdivision Phase 5D. The conditions of approval have been met as follows: 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. The development of the site is in substantial compliance with the application submitted as approved by the city council. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. The preliminary plat was approved June 5t", 2017 and is still valid. The latest approval under this preliminary plat was the 5A/513 final plat approved in August 2020. 3. The developer shall submit to the Kalispell Public Works Department for review and approval, a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved. A storm water report and a drainage plan was submitted to the Kalispell Public Works Department for review and has been approved as a part of the 5D infrastructure installation. Please see enclosed Public Works Engineering Approval Letter. Drainage infrastructure was installed connecting to the existing pond to support the roads included in the Phase 5D construction. A certification stating that the drainage plan for the subdivision has been installed as designed and has been submitted to the public works department is included. 431 1It Avenue West, Kalispell, MT 59901 I OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com Kalispell Planning Department 9/20/21 Page 2 of 5 4. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/ sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. An erosion control plan was assembled and was submitted to both the Kalispell Public Works Department and Montana Department of Environmental Quality (MDEQ) and a General Permit for Storm Water Discharge Associated with Construction Activities has been obtained. The approval letter from the City of Kalispell for permit number SW19- 0158 Northland Subdivision Ph 5 and the Notice of Intent letter from MDEQ have been enclosed. 5. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction. Northland Subdivision Phase 5D was reviewed and approved by both City of Kalispell public works and Montana Department of Environmental Quality. Approval letters from both agencies are included with this submittal along with municipal facilities exclusion for water and sewer. 6. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. A street design has been submitted to the Kalispell Public Works Department for review and has been approved for current phase. Please see enclosed Public Works Engineering Approval Letter. 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. The SIA has been submitted to Kalispell Public Works for review and the acceptance letter has been requested. The letter will be forwarded on to your office when we receive it. 8. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Kalispell Planning Department 9/20/21 Page 3 of 5 All existing and proposed easement are shown on the face of the enclosed final plat. A letter from the Kalispell Public Works Department has been requested. The letter will be forwarded on to your office when we receive it. 9. The following statement shall appear on the final plat: " The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as " Utility Easement" to have and to hold forever." Developer's Signature The above note is included on the final plat. Please see enclosed Final Plat. 10. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. The mail delivery site was confirmed and installed with Phase 5A/5B to serve that phase and future phases 5C and 5D. A letter of approval from the US Postal Service in enclosed. 11. A temporary turnaround shall be required at the north terminus of Northridge Way to the satisfaction of the Public Works Director The temporary hammerhead turnaround has been installed at the north terminus of Northridge Way in accordance with City of Kalispell Subdivision Standards. This has been reviewed and approved by City of Kalispell public works, the approval letter is included with this submittal package. 12. One additional Kalispell Bypass trail access point shall be installed (8-foot-wide concrete or 10-foot-wide asphalt surface) along the western property boundary. The trail access point can be installed anywhere north of Northridge Drive along the western property boundary. The trail access has been provided at the northwest corner of the development at the hammerhead terminus of Northridge way. An occupancy permit was submitted to Montana Department of Transportation and approved. The approval Idocument is included with this submittal. Kalispell Planning Department 9/20/21 Page 4 of 5 13. The townhouse lots located along the westerly property boundary shall have a street frontage density of 40 feet/unit or larger. If the density is less than 40 feet/unit an alley shall be incorporated into the design of those lots. All Townhome lots have a minimum 40 foot frontage width as shown on Final Plat. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. The overall landscape and irrigation plan was completed with the 5A/5B development. A developer's agreement with the City will be created so the trees can be installed as the lots develop. Correspondence with the Parks Department is attached along with eh landscape plan.. 15. A parks plan for the areas designated as " open space and storm water management area" shall be approved by the Parks and Recreation Director. An overall park plan was submitted to Parks and Recreation and will be completed in subsequent phases. The paths have been completed and irrigation sleeving has been installed. The landscaping surrounding the ponds is included in the SIA and will be completed in the Spring of 2022. The boulevard areas will have street trees which will be provided as a developer's agreement per the final plat application. 16. A park maintenance district shall be formed incorporating all the lots within the subdivision. The park maintenance district shall not be effective until such time as any open space or parks are accepted by the city. In this case an assessment would be levied within the maintenance district to be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. There is an existing parks district for the overall Northland Development, which upon completion of the overall parks system will own and maintain. The boulevard areas will be maintained by the individual lot owners per City of Kalispell ordinances. 17. A homeowner's association (HOA) shall be formed and established for the common areas prior to final plat. There is an existing homeowner's association that will be amended as a part of this phase of construction. An amendment to the HOA maintenance district is included with the CCR's for the maintenance of the common areas. 18. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Kalispell Planning Department 9/20/21 Page 5 of 5 Approximately 95% of the improvements for phases 5D have been constructed including the water, sewer, storm, roads, and majority of sidewalks. The final walkthrough has been completed with City of Kalispell Public Works. 19. All utilities shall be installed underground. All utilities supporting phase 5D have been installed underground; no overhead or above ground utilities are proposed for the development. 20.All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. All disturbed areas have been revegetated and are currently stable. Additional landscaping will be installed this fall or spring 2022 and is included with the bonding. Sincerely, WGM Group, Inc. Benjamin Rankin, P.E. Project Engineer Development Services �:,.,.ti.„: Department 201 1st Avenue East 11<A L I S P ELL Kalispell,7 59901 Phone (406) 587940 -794 FINAL PLAT Email: plannin-WQkalispell.com Website: www.kalispell.com Project Name Property Address Northland Phase 5D NAME OF APPLICANT Bridgeland Development LLP Applicant Phone 406-885-6081 Applicant Address 315 Parkway Drive City, State, Zip Kalispell, MT 59901 Applicant Email Address marvin@galkohomes.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Same as Applicant Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCHITECT/ENGINEER) WGM Group (Attn: Ben Rankin Phone 406-756-4848 Address City, State, Zip 431 1st Avenue West Kalispell, MT Email Address brankin@wgmgroup.com POINT OF CONTACT FOR REVIEW COMMENTS Phone Ben Rankin, PE 406-756-4848 Address City, State, Zip 431 1 st Avenue West Kalispell, Montana, 59901 Email Address brankin@wgmgroup.com List ALL owners (any individual or other entity with an ownership interest in the property): Bridgeland Development LLP Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): See Attached BR 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. KALISPELL 1. Date of Preliminary Plat Approval J""" sm eon Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 2. Type of Subdivision: Residential Industrial CommercialE PUD❑ OtherF] 3. Total number of lots in Subdivision: 40 4. Land in Project (acres) 771 6. Cash -in -lieu $ 5. Parkland (acres) 014 7. Exempt 8. Number of lots by type: Single Family 7u Multi -Family Commercial/Industrial Mobile Home RV Park Townhouse (sublots) 20 Other INSTRUCTIONS FOR FINAL PLAT 1. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. 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 committee prior to submitting mylars. REQUIRED SUBMITTALS Attached Not Applicable Cover letter addressing preliminary plat conditions w/ attachments 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 & collateral) Parkland Cash -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 I hereby certify under penalty 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 knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be present on_ the property for routine monitoring and inspection during the approval and development process. Applican nature �e �r Date KALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 30 days prior to the City Council Meeting) Application Contents: Development Services Department 101 1st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.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 + $125 per lot Subdivisions with waiver of preliminary plat $800 + $125 per lot Subdivision Improvement Agreement $50 Filing Fee Attached $ 55850 GUARANTEE Issued by First American Title Company 219 East Center Street/PO Box 1310, Kalispell MT 59901 Title Officer.- Leslie Lane Phone: (406)752-5388 FAX (714)852-4242 File No. 1000922-CT Cover Pa e FS� PMERIfF FirstAmerican Title" Form 5010500 (7-1-14) Guarantee Number: 501055- Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY � S Z A ME -MOW FirstAmeriean TitleTM First American Title Insurance Company 1 oenris I Gi nwre. NeskWM Greg L Srtrth. Secretary This jacket was created electronically and constitutes an original document File No. 1000922-CT Page 2 of 12 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. 1000922-CT Page 3 of 12 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. 1000922-CT Page 4 of 12 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. 1000922-CT Page 5 of 12 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 5010500-1000922-CT Subdivision or Proposed Subdivision: Northland Subdivision Phase 5D Order No.: 1000922-CT Reference No.: Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: WGM Group, Inc. 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: A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF THE MOST SOUTHERN 20 ACRE TRACT SHOWN ON DEED EXHIBIT RECORDED SEPTEMBER 27, 1968 IN BOOK 501, PAGE 162, ON FILE AND OF RECORD IN FLATHEAD COUNTY; THENCE NORTH 86017'15" WEST, ALONG THE SOUTH LINE OF SAID 20 ACRE TRACT, A DISTANCE OF 71.57 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHERLY ALONG THE WESTERLY LINES OF OPEN SPACE A AND LOT 44, PLAT OF NORTHLAND SUBDIVISION PHASES 5A & 5B ON FILE AND OF RECORD IN FLATHEAD COUNTY THE FOLLOWING FIVE (5) COURSES: 1) SOUTH 04008'49" WEST 94.81 FEET; 2)SOUTH 46005'25" WEST, 121.89 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 180.00 FEET, A RADIAL FROM LAST SAID POINT BEARS SOUTH 53056'21" WEST; 3) SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 14007'27", AN ARC DISTANCE OF 44.37 FEET TO A POINT ON A REVERSE CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET, A RADIAL FROM LAST SAID POINT BEARS NORTH 68003'48" EAST; 4)SOUTHEASTERLY, ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 25030'48", AN ARC DISTANCE OF 53.43 FEET TO A POINT OF TANGENCY; 5) SOUTH 47027'00" EAST, 40.79 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF- WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE); THENCE SOUTH 42035'00" WEST, ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, 60.00 FEET TO THE EAST CORNER OF LOT 45 OF SAID PLAT OF NORTHLAND SUBDIVISION PHASES 5A & File No. 1000922-CT Page 6 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 5B; THENCE NORTHWESTERLY, ALONG THE NORTHEASTERLY LINES OF SAID LOT 45 AND THE EAST, NORTH AND WEST LINES OF OPEN SPACE B OF SAID PLAT OF NORTHLAND SUBDIVISION PHASES 5A & 5B THE FOLLOWING ELEVEN (11) COURSES: 1) NORTH 47°27'00" WEST, 40.79 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 180.00 FEET; 2) NORTHWESTERLY, ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 25°30'48:, AN ARC DISTANCE OF 80.15 FEET TO A POINT ON A REVERSE CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 120.00 FEET, A RADIAL FROM LAST SAID POINT BEARS SOUTH 68003'48" WEST; 3) NORTHWESTERLY, ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 10009'10", AN ARC DISTANCE OF 21.26 FEET; 4) SOUTH 46005'25" WEST, 85.96 FEET; 5) NORTH 85051'11" WEST, 357.69 FEET; 6) SOUTH 04008'49" WEST, 30.00 FEET; 7) SOUTH 85051'11" EAST, 102.00 FEET; 8) SOUTH 04008'49" WEST, 350.74 FEET; 9) SOUTH 08028'47" EAST, 105.79 FEET; 10) SOUTH 78038'13" WEST, 102.50 FEET; 11) SOUTH 11021'47" EAST, 42.64 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF PARKRIDGE DRIVE (60.00 FEET WIDE) AND ON A NON -TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 430.00 FEET, A RADIAL FROM LAST SAID POINT BEARS SOUTH 10000'48" EAST; THENCE WEST, ALONG LAST SAID NON -TANGENT CURVE AND SAID NORTH RIGHT RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 01026'32", AN ARC DISTANCE OF 10.82 FEET TO A POINT OF TANGENCY; THENCE SOUTH 78032'41" WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 49.18 FEET; THENCE ALONG THE EAST AND NORTH BOUNDARY LINES OF OPEN SPACE C OF SAID PLAT OF NORTHLAND SUBDIVISION PHASES 5A & 5B THE FOLLOWING THREE (3) COURSES: 1) NORTH 11021'47" WEST, 40.08 FEET; 2) SOUTH 78038'13" WEST, 133.53 FEET; 3) NORTH 11024'47" WEST, 104.71 FEET TO AN ANGLE ON THE WEST LINE OF SAID TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654 AND THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93 BYPASS (WIDTH VARIES); THENCE CONTINUING ALONG THE WEST LINE OF SAID TRACT 1 OF CERTIFICATE OF SURVEY 19654 AND THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93 BYPASS THE FOLLOWING TWO (2) COURSES: 1) NORTH 12040'40" EAST, 199.17 FEET; 2) NORTH 04008'49" EAST 357.13 FEET TO THE NORTHWEST CORNER OF SAID TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654; THENCE SOUTH 86017'15" EAST, ALONG THE NORTH LINE OF SAID TRACT 1 OF SAID CERTIFICATE OF SURVEY NO. 19654, 695.31 FEET TO THE POINT OF BEGINNING. THE ABOVE PARCEL IS TO BE KNOWN AND DESIGNATED AS NORTHLAND SUBDIVISION PHASE 5D. (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: Bridgeland Development, LLP (B) Parties holding liens or encumbrances on the title to said lands are: File No. 1000922-CT Page 7 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Deed of Trust dated November 15, 2019, to secure an original indebtedness of $1,605,000.00, and any other amounts and/or obligations secured thereby Recorded: November 22, 20189, as Instrument No. 201900030758 Grantor: Bridgeland Development, LLP Trustee: Fidelity Title of Flathead Valley, LLC Beneficiary: American Bank Affects: Premises and other property Trust Indenture, to secure an original indebtedness of $500,000.00, dated March 15, 2021 and any other amounts and/or obligations secured thereby Recorded: April 14, 2021, as Instrument No. 202100016730 Grantor: Bridgeland Development LLP Trustee: First American Title Company Beneficiary: Howler Developments Ltd. Affects: Premises and other property (C) Easements, claims of easements and restriction agreements of record are: 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 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. 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 $1,659.11 PAID $1,659.09 PAID 0091420 AFFECTS: PREMISES AND OTHER PROPERTY. New assessor number has not been assigned yet. 6. Easement for telephone facilities granted to Northwestern Telephone Systems, Inc., recorded December 2, 1982, in Book 756, Page 22, as Instrument No. 18051. 7. Easement for underground facilities granted to Northwestern Telephone Systems, Inc., recorded March 19, 1987, as Instrument No. 87-231-11450. 8. Resolution No. 4449 by the city council of the city of Kalispell for the Waterford of Flathead Valley Addition No. 289 to zone said property recorded May 11, 1999 as Instrument No. 1999-131-12420. 9. Ordinance No. 1309 by the City of Kalispell for a planned unit development recorded June 15, 1999, as Instrument No. 1999-166-15010. File No. 1000922-CT Page 8 of 12 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 10. Terms, conditions and restrictions contained in Waterford Planned Unit Development Agreement recorded June 15, 1999 as Instrument No. 1999-166-15010. 11. Terms and conditions of Resolution No. 4871, recorded April 12, 2004, as Instrument No. 2004-103-15160. 12. Amended Resolution -Designation of Controlled Access Highway and Facility, recorded February 11, 2010 as Instrument No. 201000003450. 13. Covenants, conditions, restrictions and easements contained in deed to the State of Montana recorded April 5, 2010, Instrument No. 201000007779 . 14. Covenants, conditions, restrictions and easements contained in deed to the State of Montana recorded April 5, 2010, Instrument No. 201000007780 . 15. 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, Instrument No. 201100004266 16. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed by Certificate of Survey(s) No. 19653 and 19654, 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 restriction violate 42 USC 3604 (c). 17. Road Easement & Agreement Agreement upon the terms, conditions and provisions contained therein: Parties: Waterford on Summit Ridge, LLC and Bridgeland Development LLP Recorded: December 13, 2013, Instrument No. 201300031218 18. All matters, covenants, conditions, restrictions, easements and any rights, interest or claims which may exist by reason thereof, disclosed on the Proposed Plat of Northland Subdivision Phase 5D, 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). 19. Provisions contained in that Certificate, executed by the State of Montana, Department of Health and Environmental Services, on the proposed Plat of Northland Subdivision Phase 5D. Date of Guarantee: August 20, 2021 at 7:30 A.M. First American Title Company By: Authorized Countersignature File No. 1000922-CT Page 9 of 12 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/privacy-policy/. 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 JNW 1-28-22 Page 1 /1 ox 111111111111111 IEI 1111111111111111111111111IIH 1111 II 1III11111111 Page:10 f1314 Fees. $21.00 Paula Robinson, Flathead County MT by NC 12/13/2013 12c26 PM AND WHEN RECORDED MAIL TO: Bridgeland Development, LLP 1 Filed for Record at Request of: First American Title Company Order No.: 480673-CT Parcel No.: . O QUITCLAIM DEED For Value Received Waterford on Summit Ridge LLC, an Oregon limited Ilabtlty company O do(es) hereby convey, release, remise and forever quit claim unto Bridgeland Development, LLP \whose address ts:N\\'7 OO -- the following described premises situated In Flathead County, Montana to -wit: JLegal Description attached hereto as Exhibit A. together with Its appurtenances. a) Datwad, October 16, 2013 a7�Zn�-ems Q Q C= d Page 1 of 3 201300031214 IN II 111111111111111111111111111111111111111111 111 1111 IN Fpage: 2 of 3 ees: $2100 12/13/2013 12:26 PM STATE OF ) Ss. COUNTY OF ) This instrument was adrnowiedged before me on 0etebewf�_, 2013, by '.brr -r h.�2' 1C� , known to me to be the of the Waterford on Summit Ridge LLC. Signature of Notarial r OFFICIAL SEAL Qt�Q-%Vk, cc% r t4 gs ► P-1 NOVA RIA Ug IDY Notary Public for the QOMMISSION NOS ome State of i AF+RILbel, tots Residing at;�N1Q§AM1 Commission Expires: ti- %— %% Page 2 of 3 IIIIIIII II II IIII IIIII IIIIIIIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIII IIII Page: 3 of 3 14 Fees. $21.00 12/13/2013 12:26 PM EXHIBIT A Parcel B-1 A TRACT OF LAND LOCATED IN THE NWIA OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M, FLATHEAD COUNTY, MONTANA, BEING MORE PARTICULARLY DESCRIBED AS PARCEL B-1, OF CERTIFICATE OF SURVEY NO. 1 2lo L53 3q,03 64A Page 3 of 3 8/30/2021 Real Property Inquiry Screen... Options Inquiry Overview Unpaid Taxes Pay Taxes I Tax History Tax Bill Disclaimer Email: Email Overview Rpt Active Header Year: 21 Assessor: 0091420 SD: 75 ames : I BRIDGELAND DEVELOPMENT LLP Addresses: Mailing Address 315 PARKWAY DR KALISPELL MT 59901 Legal Descriptions Record 401 Sec:01 Twp:28 Rng:22 Description:TR 1CA IN IN L 3 & S2NW4 Value record(s) for year 2021 Catcd Description Acres Value TaxableVal Geocode 1 S 17010 NON-QUAL AG 18.66 1033 156.00 07396501201010000 https://Iandpublic.flathead.mt.gov/lipublic/?LAND_Web_Public 1 /1 8/30/2021 Real Property Inquiry Screen... Options I Inquiry Overview Unpaid Taxes Pay Taxes Tax History Tax Bill Disclaimer Assr: 0091420 Year SD Inst Taxbill Date Due Date Paid Tax Arut Void/Abate Pen/Int Total Paid 020 75 2 202050320 5/31/21 05/28/21 1659.09 1659.09 020 75 1 202050320 11/30/20 11/25/20 1659.11 1659.11 019 75 2 201949878 5/31/20 05/28/20 1641.71 1641.71 g/3 150 01875 2 01849461/19 05/30/191 1623.45 1623.45 0 88 2017 75 2 PO1849463 201749041 11/30/18 5/3 1/18 12/18/181 06/08/18 1623.481 1606.96 1 1 1623.48 1606.96 017 75 1 201749041 11/30/17 11/29/17 1606.98 1606.98 016 75 2 201648682 5/31/17 06/19/17 1364.16 38.49 1402.65 016 75 1 201648682 11/30/16 11/29/16 1364.17 1364.17 O 151175 1 2 P015483921 5/31/16 06/07/161 1316.161 1316.16 2014 2014482911 /151 15/301/15 O11/012/14 59.13 1375.31 75 2 1282.20 1282.20 20 44 12014482111 11/30/14111/12/141 1282.221 1 1 1282.22 013 013 75 1 k013481391 201348139 5/31/14 11/30/13 11/05/131 11/05/13 886.761 886.78 1 1 886.76 886.78 012 75 2 01260757 5/31/13 09/04/13 832.49 876.95 012 75 1 01260757 11/30/12 12/05/121 832.511 +±46 832.51 2012 12012481011 51311131 Voide4 0.001 832.76 012 75 1 01248101 11/30/12 Voide 0.001 832.77 2011 75 1 2 k011479451 5/31/12 06/07/121 832.20 832.20 201 1 12011479451 1 1 /30/1 I 12/06/111 832.22 832.22 010 k010478071 5/31/11 06/06/111 858.171 1 858.17 010 P010478071 11/30/10 12/17/101 858.201 1 24.441 882.64 009 k009474671 5131110 05/19/101 857.891 1 1 857.89 20 99 P009474671 11 /30/09 11/27/091 857.901 1857.90 P75 2 200846556 5/3 1/09 07/22/09 858.78 31.52 890.30 https://Iandpublic.flathead.mt.gov/lipublic/?LAND_Web_Public 1 /1 FLATHEAD COUNTY 2020 REAL ESTATE TAX BILL�j`� Adele Krantz, Treasurer 935 1st Ave W Ste T Kalispell MT 59901 1 (406) 758-5680� http://flathead.mt.gov/propertyjax 6 ASSESSOR NUMBER: 0091420 TAX BILL NUMBER: 202050320 BRIDGELAND DEVELOPMENT LLP SCHOOL DISTRICT: 75 31SPARKWAY DR GEO CODE: 07396501201010000 KALISPELL MT 59901 Property Location: Parties with ownership interest as of January 1, 2020 Property Description Owner of Record......BRIDGELAND DEVELOPMENT LLP 41 28 22 TR 1 CA IN IN L 3 & S2Nw4 Type of Property Market Value Taxable Value Description Percentage Amount Real Estate 1,313 199.00 County Functions 0.82% 27.30 No Buildings Assessed 0 0 Education 2.82% 93.64 ------------------------ City Functions 96. 34% 3196.93 Totals 1,313 199.00 other 0.004 0.33 SUMMARY OF TAXES, LEVIES & FEES COUNTY .068630 13.68 COUNTY LIBRARY .006260 1.25 SHERIFF 038700 770 CO PERM MED LEVY .012760 2.54 NOXIOUS WEEDS :001280 0..25 COUNTYWIDE MOSQUITO .000910 0.18 911 GENER OBLIG BOND .001880 0.37 PERM SRS LEVY .000700 0.14 BOARD OF HEALTH .005990 1.19 SUBTOTAL - TAXES FOR COUNTY FUNCTIONS... .137110 27.30 STATE - UNIVERSITY .006000 1.19 GENERAL SCHOOLS .104120 20.72 STATE - SCHOOL AID .040000 7.96 FLAT VAL COM COLLEGE .014490 2.88 FLATHEAD HIGH SCHOOL .096400 19.18 KAL CITY ELEM 75 .203590 40.51 FVCC PERMIS MED LEVY .006040 1.20 SUBTOTAL - TAXES FOR EDUCATION.......... .470640 93.64 KALISPELL CITY .167420 33.32 KAL PERM MED LEVY .022000 4.38 KAL LIGHTING 50 718.74 KAL STORM SEWER 478.49 KAL URBAN FOREST DST 413.00 KAL STREET MAINT 1549.00 SUBTOTAL - TAXES FOR CITY FUNCTIONS..... .189420 3196.93 SOIL & WATER CONSERV .001680 0.33 SUBTOTAL - OTHER TAXES AND FEES......... .001680 0.33 Total Mills Levied 0.7988SO Total Taxes and Fees . . . 3318.20 59931 1st Installment due 11/30/2020 = 1659.11 2nd Installment due 05/31/2021 = 1659.09 Tax paid receipts will be mailed only if a self-addressed stamped envelope is enclosed. To pay orviewtaxes online, go to http://flathead.mt.gov/propelty_tax. A 3%fee will be charged on all credit/debit card payments. There is no fee to pay by e-check. Payments made after 5:00 pm or postmarked after the due date must include 2% penalty & monthly interest of 5/6 of 1% (0.008333). Flathead County no longer accepts checks drawn on Canadian Banks Keep upper portion for your records Return stub with payment. Payment must be hand delivered, paid online, or postmarked by 5:00 pm on: MAY 31, 2021 Make checks payable to FLATHEAD COUNTY TREASURER Please include your tax bill number on your check. ASSESSOR NUMBER: 0091420 Pay by e-check, credit/debit card online at http://flathead.mt.gov/property tax TAX BILL NUMBER: 202050320 SCHOOL DISTRICT: 75 DO NOT PAY THIS IF IT IS INCLUDED IN YOUR MORTGAGE PAYMENT If your address has changed, please make corrections below. No additional notice will be BRIDGELAND DEVELOPMENT LLP sent for this installment. 315 PARKWAY DR KALISPELL MT 59901 T A t D 2ND 2020 REAL ESTATE iiiiiufifiiiiiiiiii� ------------------------------------------------------------------ Return stub with payment. Payment must be hand delivered, paid online, or postmarked by 5:00 om on: NOVEMBER 30, 2020 Make checks payable to FLATHEAD COUNTY TREASURER Please include your tax bill number on your check. ASSESSOR NUMBER: 0091420 Pay by e-check, credit/debit card online at http://flathead.mt.gov/property tax TAX BILL NUMBER: 202050320 SCHOOL DISTRICT: 75 DO NOT PAY THIS IF IT IS INCLUDED IN YOUR MORTGAGE PAYMENT If your address has changed, please make corrections below. Tax Amount Due: 1659.11 BRIDGELAND DEVELOPMENT LLP 315 PARKWAY DR 3318.20 KALISPELL MT 59901 1 ST 2020 REAL ESTATE II I I II I I II I I II II I I II I I II II II II II II II I I I I I I I I I II I II 8/30/2021 PrintPropertyRecordCard Property Record Card Summary Primary Information Property Category: RP Subcategory: Non -Qualified Ag Geocode: 07-3965-01-2-01-01-0000 Assessment Code: 0000091420 Primary Owner: PropertyAddress: BRIDGELAND DEVELOPMENT LLP 315 PARKWAY DR COS Parcel: KALISPELL, MT 59901-2659 NOTE: See the Owner tab for all owner information Certificate of Survey: Subdivision: Legal Description: S01, T28 N, R22 W, ACRES 18.66, TR 1CA IN IN L 3 & S2NW4 Last Modified: 7/16/2021 4:03:03 AM General Property Information Neighborhood: 207.150.0 Living Units: 0 Zoning: Linked Property: Exemptions: Condo Ownership: General: 0 Property Factors Topography: Utilities: Access: Location: Land Summary Property Type: VAC_U - Vacant Land - Urban Levy District: 07-031002-75 - S Ownership %: 100 No linked properties exist for this property No exemptions exist for this property Land Type Grazing Fallow Irrigated Continuous Crop Wild Hay Farmsite ROW NonQual Land Total Ag Land Total Forest Land Total Market Land Deed Information: Limited: 0 Fronting: Parking Type: Parking Quantity: Parking Proximity: Acres Value 0.000 00.00 0.000 00.00 0.000 00.00 0.000 00.00 0.000 00.00 0.000 00.00 0.000 00.00 18.660 1,033.00 18.660 1,033.00 0.000 00.00 0.000 00.00 Deed Date Book Page Recorded Date Document Number Document Type 12/13/2013 12/13/2013 201300031214 Quit Claim Deed 1/8/2010 4/5/2010 201000007779 Bargain & Sale Deed 1/8/2010 4/5/2010 201000007780 Bargain & Sale Deed svc.mt.gov/msl/MTCadastral/PrintPropertyRecordCard/GetPropertyRecordCardData?Geocode=O7396501201010000&year=2021 112 8/30/2021 Owners PrintPropertyRecordCard Party #1 Default Information: Ownership %: Primary Owner: Interest Type: Last Modified: Other Names Name Appraisals Appraisal History BRIDGELAND DEVELOPMENT LLP 315 PARKWAY DR 100 "Yes" Conversion 11/15/2016 10:26:17 AM Type Other Addresses Tax Year Land Value Building Value Total Value Method 2021 1033 0 1033 COST 2020 1313 0 1313 COST 2019 1313 0 1313 COST Market Land Market Land Info No market land info exists for this parcel Dwellings Existing Dwellings No dwellings exist for this parcel Other Buildings/Improvements Outbuilding/Yard Improvements No other buildings or yard improvements exist for this parcel Commercial Existing Commercial Buildings No commercial buildings exist for this parcel Ag/Forest Land Ag/Forest Land Item #1 Acre Type: NQ - Non Qualified Ag Land Irrigation Type: Class Code: 1701 Timber Zone: Productivity Quantity: 0 Commodity: Units: Non Qual Valuation Acres: 18.66 Per Acre Value: 55.35 Value: 1033 svc.mt.gov/msl/MTCadastral/PrintPropertyRecordCard/GetPropertyRecordCardData?Geocode=O7396501201010000&year=2021 212 Consent to Platting and Dedication: Pursuant to 76-3-612, M.C.A, the undersigned American Bank, Lender under that certain Deed of Trust identified as follows: Date: November 22, 2019 Grantor/Borrower: Bridgeland Development, LLP Document Number: #201900030758 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 Lender: Acknowledgement * * * * * State of Montana ) )ss County of Flathead ) This instrument was acknowledged before me on this p—of, 2021 el — day ,oaQpNN q�%, BRANDANN ROHRER Notary Public By . NO -TAR rgt. 9'= for the State of Montana Residing at: AL.. Whitefish, Montana QFo� My Commission Expires: December 142023 LEGAL DESCRIPTION - PERIMETER NORTHLAND SUBDIVISION PHASE 5D A TRACT OF LAND LYING WEST OF NORTHLAND SUBDIVISION PHASES 5A & 5B AND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 19654, BOTH ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF THE MOST SOUTHERN 20 ACRE TRACT SHOWN ON DEED EXHIBIT RECORDED SEPTEMBER 27, 1968 IN BOOK 501, PAGE 162, ON FILE AND OF RECORD IN FLATHEAD COUNTY; THENCE N86°17'15"W, ALONG THE SOUTH LINE OF SAID 20 ACRE TRACT, A DISTANCE OF 71.57 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHERLY ALONG THE WESTERLY LINES OF OPEN SPACE A AND LOT 44, PLAT OF NORTHLAND SUBDIVISION PHASES 5A & 5B, ON FILE AND OF RECORD IN FLATHEAD COUNTY THE FOLLOWING FIVE COURSES: 1) S04008'49"W, 94.81 FEET; 2) S46005'25"W, 121.89 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 180.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S53056'21"W; 3) SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 14007'27", AN ARC DISTANCE OF 44.37 FEET TO A POINT ON A REVERSE CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68003'48"E; 4) SOUTHEASTERLY, ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 25°30'48", AN ARC DISTANCE OF 53.43 FEET TO A POINT OF TANGENCY; 5) S47027'00"E, 40.79 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (60.00 FEET WIDE); THENCE S42033'00"W, ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, 60.00 FEET TO THE EAST CORNER OF LOT 45 OF SAID PLAT OF NORTHLAND SUBDIVISION PHASES 5A & 5B; THENCE NORTHWESTERLY, ALONG THE NORTHEASTLY LINES OF SAID LOT 45 AND THE EAST, NORTH AND WEST LINES OF OPEN SPACE B OF SAID PLAT OF NORTHLAND SUBDIVISION PHASES 5A & 5B THE FOLLOWING ELEVEN COURSES: 1) N47027'00"W, 40.79 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 180.00 FEET; 2) NORTHWESTERLY, ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 25030'48", AN ARC DISTANCE OF 80.15 FEET TO A POINT ON A REVERSE CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 120.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S68°03'48"W; 3) NORTHWESTERLY, ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 10009'10", AN ARC DISTANCE OF 21.26 FEET; 4) S4600525"W, 85.96 FEET; 5) N85°51'11"W, 357.69 FEET; 2 6) SO4°0849"W, 30.00 FEET; 7) S85°51'11"E, 102.00 FEET; 8) SO4°08'49"W, 350.74 FEET; 9) S08028`47"E, 105.79 FEET; 10) S78°38'13"W, 102.50 FEET; 11) Sll"21'47"E, 42.64 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF PARKRIDGE DRIVE (60.00 FEET WIDE) AND ON A NON - TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 430.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S10000'48"E; THENCE WEST, ALONG LAST SAID NON -TANGENT CURVE AND SAID NORTH RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 0102632", AN ARC DISTANCE OF 10.82 FEET TO A POINT OF TANGENCY; THENCE S78032'41"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, 49.18 FEET; THENCE ALONG THE EAST AND NORTH BOUNDARY LINES OF OPEN SPACE C OF SAID PLAT OF NORTHLAND SUBDIVISION PHASES 5A & 5B THE FOLLOWING THREE COURSES: 1) N11021'47"W, 40.08 FEET; 2) S78"38'13"W, 133.53 FEET; 3) N1102447"W, 104.71 FEET TO AN ANGLE POINT ON THE WEST LINE OF SAID TRACT 1 OF CERTIFICATE OF SURVEY 19654 AND THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93 BYPASS (WIDTH VARIES); THENCE CONTINUING ALONG THE WEST LINE OF SAID TRACT 1 OF CERTIFICATE OF SURVEY 19654 AND THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93 BYPASS THE FOLLOWING TWO COURSES: 1) N12°40'40"E 199.17 FEET; 2) N0400849"E 357.13 FEET TO THE NORTHWEST CORNER OF SAID TRACT 1 OF CERTIFICATE OF SURVEY 19654; THENCE S86017'15"E, ALONG THE NORTH LINE OF SAID TRACT 1 OF CERTIFICATE OF SURVEY 19654, 695.31 FEET TO THE POINT OF BEGINNING; CONTAINING 7.71 ACRES, MORE OR LESS. 3 Consent to Platting andDedication: Pursuant to 76-3-612, M.C.A, the undersigned�Howler Developments Ltd., Leader under that certain Montana Trust Indenture identified as follows; Date: March 15, 2021 Grantor/Borrower: Bridgeland Development, LLP Document Number: #202100016730 Signs ure 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 Lender: Acknowledgement * * * * * This instrument was acknowledged before me on this •� V day of. 2021 By ko A Notary Public/Commissioner for Oaths in and for The Qrav°irtee of My commission expires: U, l l3 ,�- LEGAL DESCRIPTION - PERIMETER NORTHLAND SUBDIVISION PHASE 5D NlA'rLp CYNTHiATUDHOPE 4rt How'. Notary Public for the >, Nataria! State of Montana Seal Residing at KALISPELL, MT o-, = My Commission Expires February 13, 2023 A TRACT OF LAND LYING VILEST OF NORTHLAND SUBDIVISION PHASES 5A & 58 AND BEING A PORTION OF TRACT i OF CERTIFICATE OF SURVEY NO. 19654, BOTH ON FILE AND OF RECORD IN FLATHEAD COUNTY, MONTANA, LOCATED IN THE NORTHWEST ONE QUARTER OF SECTION 1, TOWNSHIP 28 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA, CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A 5/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF THE MOST SOUTHERN 20 ACRE TRACT SHOWN ON DEED EXHIBIT RECORDED SEPTEMBER 27, 1968 IN BOOK 501, PAGE 162, ON FILE AND OF RECORD IN FLATHEAD COUNTY; THENCE N86°17'15"W, ALONG THE SOUTH LINE OF SAID 20 ACRE TRACT, A DISTANCE OF 71.57 FEET TO THE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTHERLY ALONG THE WESTERLY LINES OF OPEN SPACE A AND LOT 44, PLAT OF NORTHLAND SUBDIVISION PHASES 5A & 513, ON FILE AND OF RECORD IN FLATHEAD COUNTY THE FOLLOWING FIVE COURSES: 1) SO4°08'49"W, 94.81 FEET; 2) S46e05'25"W, 121.89 FEET TO A POINT ON A NON -TANGENT CURVE CONCAVE TO THE SOUTHWEST AND HAVING A RADIUS OF 180.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S53°56'21"W; 3) SOUTHEASTERLY, ALONG SAID NON -TANGENT CURVE THROUGH A CENTRAL ANGLE OF 14007'27", AN ARC DISTANCE OF 44.37 FEET TO A POINT ON A REVERSE CURVE CONCAVE TO THE NORTHEAST AND HAVING A RADIUS OF 120.00 FEET, A RADIAL FROM LAST SAID POINT BEARS N68003'48"E; 4) SOUTHEASTERLY, ALONG SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 25030'48", AN ARC DISTANCE OF 53.43 FEET TO A POINT OF TANGENCY; 5) S47"27'00"E, 40.79 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY LINE OF NORTHLAND DRIVE (6000 FEET WIDE); THENCE S42033'00"W, ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE, 60:00 FEET TO THE EAST CORNER OF LOT 45 OF SAID PLAT OF NORTHLAND SUBDIVISION PHASES 5A & 513; THENCE NORTHWESTERLY, ALONG THE NORTHEASTLY LINES OF SAID LOT 45 AND THE EAST, NORTH AND WEST LINES OF OPEN SPACE B OF SAID PLAT OF NORTHLAND SUBDIVISION PHASES SA & 5B THE FOLLOWING ELEVEN COURSES: 1) N47027'00"W, 40.79 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 18000 FEET; 2) NORTHWESTERLY, ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 25030'48", AN ARC DISTANCE OF 80.15 FEET TO A POINT ON A REVERSE CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 120.00 FEET, A RADIAL FROM LAST SAID POINT BEARS S68°03'48"W; 3) NORTHWESTERLY, ALONG LAST SAID REVERSE CURVE THROUGH A CENTRAL ANGLE OF 10009'10", AN ARC DISTANCE OF 21.26 FEET; K 4) S46005'25"W, 85.96 FEET; 5) N85°51'11"W, 357.69 FEET; 6) S04008'49"W, 30.00 FEET; 7) S85°51'11"E, 102.00 FEET; 8) SO4°08'49"W, 350.74 FEET; 9) S08028'47"E, 105.79 FEET; 10) S78°38'13"W,102.50 FEET, 11) S11021'47"E, 42.64 FEET TO A POINT ON THE NORTH RIGHT-OF- WAY LINE OF PARKRIDGE DRIVE (60.00 FEET WIDE) AND ON A NON - TANGENT CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 430:00 FEET, A RADIAL FROM LAST SAID POINT BEARS S10"00'48"E; THENCE WEST, ALONG LAST SAID NON -TANGENT CURVE AND SAID NORTH RIGHT-OF-WAY LINE, THROUGH A CENTRAL ANGLE OF 01°26`32" AN ARC DISTANCE OF 10:82 FEET TO A POINT OF TANGENCY; THENCE S78"32'41"W, ALONG SAID NORTH RIGHT-OF-WAY LINE, 49.18 FEET; THENCE ALONG THE EAST AND NORTH BOUNDARY LINES OF OPEN SPACE C OF SAID PLAT OF NORTHLAND SUBDIVISION PHASES 5A & 5B THE FOLLOWING THREE COURSES. 1) N11021'47"W, 40:08 FEET; 2) S78038'13"W,133.53 FEET; 3) N11°24'47"W,104.71 FEET TO AN ANGLE POINT ON THE WEST LINE OF SAID TRACT 1 OF CERTIFICATE OF SURVEY 19654 AND THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93 BYPASS (WIDTH VARIES); THENCE CONTINUING ALONG THE WEST LINE OF SAID TRACT 1 OF CERTIFICATE OF SURVEY 19654 AND THE EAST RIGHT-OF-WAY LINE OF U.S. HIGHWAY 93 BYPASS THE FOLLOWING TWO COURSES: 1) N12°40'40"E 199.17 FEET; 2) N04008'49"E 357.13 FEET TO THE NORTHWEST CORNER OF SAID TRACT 1 OF CERTIFICATE OF SURVEY 19654; THENCE S86017'15"E, ALONG THE NORTH LINE OF SAID TRACT 1 OF CERTIFICATE OF SURVEY 19654, 695.31 FEET TO THE POINT OF BEGINNING; CONTAINING 7.77 ACRES, MORE OR LESS. 01 W d s Z 91 o" 0 X 00 52 0 a uj V E. Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: WGM Group FOR: Bridgeland Development LLP DATE: 09/10/2021 DESCP : Northland Subdivision Ph 5D PURPOSE : Subdivision YEARS ASSESSOR # 2018 thru 2020 0091420 hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the yea indicated for each assessor number. SEP 2 0 2021 ity Treasurer (seal) r'�r�4]i1N� 4"VAWGMGROUP Commun'ry Values_ Inspired Futures. August 10, 2021 City of Kalispell Public Works Department Attn: Mark Crowley 201 1st Avenue East Kalispell, MT 59901 Re: Northland Subdivision Phase 5D EQ#: 20-1908 Water and Sanitary Sewer Main Extensions Sewer System Certification Dear Mark: WGM Group, Inc. certifies that the sewer system improvements of the Northland Phase 5D subdivision have been completed and tested in substantial conformity with the approved WGM Group, Inc. construction plans and specifications dated 5/17/20 and approved construction modifications. There are no deviations from the design standards other than those previously approved by the department. The testing results are summarized with the enclosed letter for your review. If you have any questions or would like additional information, please feel free to give me a call at 756-4848 or email me at brankin(d-)wgmgroup.com. Sincerely, WGM Group, Inc. Benjamin J. Rankin, PE PROJECT ENGINEER cc: City of Kalispell Public Works Department - Keith Haskins File Enclosure: Testing Results 431 1"Avenue West, Kalispell, MT 59901 I OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com SS TESTING Project Name: Northland SD Project No.: 160330 Observed By: Date: September 8, 2021 W G M G R O U P Description: NORTHLAND 5D SANITARY SEWER TESTING P SANITARY SEWER PIPE AIR TEST @ PRESSURE 3.5-2.5 PSIG Pipe ID Between Manholes &Test Time PipeDiameter Length Minutes Pressure Results Pipe 1 MH 7 - MH 8 (5/17/21 @ 12:10 pm) 315.21 8" 3:22 4.5 Pass Pipe 2 MH 6 to MH 7 (5/17/21 @ 12:40 pm) 315.21 8" 3:22 4.5 Pass Pipe 3 MH 5 to MH 6 (5/17/21 @ 1:00 pm) 137.9 8" 1:28 4.5 Pass Pipe 4 MH 12 to MH 13 (5/17/21 @ 1:20 pm) 91.47 8" 0:59 4.5 Pass Pipe 5 MH 11 to MH 12 (5/17/21 @ 1:25 pm) 56.07 8" 0:36 4.5 Pass Pipe 6 MH 10 to MH 11 (5/17/21 @ 1:30 pm) 57.58 8" 0:36 4.5 Pass Pipe 7 MH 9 to MH 10 (5/17/21 @ 1:35 pm) 192.58 8" 2:03 4.5 Pass Pipe 8 MH-El to MH-1 (7/23/21 @ 10:23 am) 81.89 8" 2:35 4-3.5 Pass Pipe 9 MH-1 to MH-2 (7/23/21 @ 9:15 am) 146.2 8" 2:54 5 Pass Pipe 10 MH-2 to MH-3 (7/23/21 @ 10:07 am) 75.91 8" 2:25 4-3.5 Pass Pipe 11 MH-2 to MH-5 (7/23/21 @ 10:23 am) 99.75 8" 1:15 4.5 Pass Pipe 12 MH-13 to MH-E3 (7/23/21 @ 11:43 am) 100.33 1 8" 1:22 4-3.5 Pass SANITARY SEWER MANHOLE VACUUM TEST @ PRESSURE 10-9 INCHES MERCURY Manhole Day & Time of Test MH Dia. MH Depth Time Pressure Result MH-El (7/23/21 @ 12:42 pm) 48" 5.59' 20 sec 10-9.5 Pass M1-1-1 (7/23/21 @ 12:05 pm) 48" 6.03' 20 sec 10 (held) Pass MH-2 (7/23/21 @ 12:15 pm) 48" 5.93' 20 sec 10 (held) Pass MH-3 (7/23/21 @ 12:19 pm) 48" 6.22' 20 sec 10 (held) Pass MH-14 (7/30/21 @ 3:25 pm) 48" 6.90' 20 sec 10 (held) Pass MH-5 (7/23/21 @ 12:55 pm) 48" 6.42' 20 sec 10 (held) Pass MH-6 (7/23/21 @ 1:07 pm) 48" 5.92' 20 sec 10 (held) Pass MH-7 (7/23/21 @ 1:25 pm) 48" 5.62' 20 sec 10-9.5 Pass MH-8 (7/23/21 @ 1:40 pm) 48" 5.20' 20 sec 10 (held) Pass MH-9 (7/23/21 @ 1:53 pm) 48" 5.36' 20 sec 10-9.5 Pass MH-10 (7/23/21 @ 2:02 pm) 48" 5.48' 20 sec 10 (held) Pass MH-11 (7/23/21 @ 2:14 pm) 48" 5.63' 20 sec 10-9.5 Pass MH-12 (7/23/21 @ 2:23 pm) 48" 5.69' 20 sec 10 (held) Pass MH-13 (7/23/21 @ 2:34 pm) 48" 6.31' 20 sec 10 (held) Pass Note: The pipe between MH-3 and MH-4 has active services, so was not tested. MH-4 and MH-E3 had active flow passing through them, so were not tested. 9/8/2021 W:\Projedt\160330\Construction\Constructs on Management\Testing\S—\Northland5D SS T.tffig.A x 4"VAWGMGROUP Community Values_ Inspired Futures. September 20, 2021 City of Kalispell Public Works Department Attn: Mark Crowley 201 1st Avenue East Kalispell, MT 59901 Re: Northland Subdivision Phase 5D Stormwater System Certification Dear Mark: For the purpose of meeting final plat requirements, WGM Group, Inc. certifies that the stormwater system improvements installed to date serving the Northland Phase 5D subdivision have been completed and tested in substantial conformity with the approved WGM Group, Inc. construction plans and specifications dated 5/17/20 and approved construction modifications. These improvements consist of stormwater pipes, catch basins, inlet grates, and curb and gutter. The majority of the stormwater system (ponds, control structures, WQ unit, conveyance pipes, and manholes are located outside of the City Right-of-way and will be privately maintained by the Northland Subdivision HOA. Any punch list items will be addressed at project completion. If you have any questions or would like additional information, please feel free to give me a call at 756-4848 or email me at brankin(d-)wgmgroup.com. Sincerely, WGM Group, Inc. Benjamin J. Rankin, PE PROJECT ENGINEER 431 1s'Avenue West, Kalispell, MT 59901 I OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com D E Montana Department of Environmental Quality October 02, 2019 Jeff Claridge Northland Subdivision LHC INC Po Box 7338 Kalispell, MT 59904 RE: Confirmation Letter, Notice of Intent (NOI) MTR108127 Northland Subdivision Dear Jeff Claridge: The Department of Environmental Quality (DEQ) acknowledges the receipt of your complete application package (NOI and SWPPP) to discharge under the January 01, 2018, General Permit for Storm Water Discharges Associated with Construction Activity (SWC-GP) on 10/3/2019. Your authorization number under the SWC-GP is MTR108127. Please include this number on any correspondence with DEQ regarding this site. This letter confirms only that a complete NOI has been received. DEQ does not assess the validity of the information you provided other than project location as it relates to sage grouse habitat. Your signature on the NOI certifies that you have read, understand, and are implementing all applicable requirements. Specifically, the SWC-GP: Requires implementation of a Storm Water Pollution Prevention Plan (SWPPP), Defines the inspection process, and Defines record keeping requirements (refer to Part 2.5 of the General Permit). The SWC-GP and additional guidance materials can be viewed and downloaded at http://deq.mt.gov/Water/WPB/mpdes/stormwaterconstruction. Authorization under the SWC-GP remains in effect until you submit a complete Notice of Termination (NOT). Your signature on the NOT certifies that you have achieved final stabilization, removed your temporary Best Management Practices, and have paid all applicable fees. All effective authorizations are assessed annual fees each calendar year until a complete NOT is received. Coverage under the SWC-GP does not waive your obligation to obtain coverage under other applicable permits. If you have questions regarding SWC-GP requirements, please contact the Water Protection Bureau at (406) 444-3080. Sincerely, --- Deanna Tarum Data Control Specialist Montana DeE A I I Q%IhC partment of Environmental Quality July 2, 2020 Benjamin J Rankin PE WGM Group 431 1 st Avenue West Kalispell MT 59901 Dear Mr. Rankin; RE: Northland PUD Phase 5 Municipal Facilities Exclusion EQ# 20-2421 City of Kalispell Flathead County 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 he"wage 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. Northland PUD Phase 5 Municipal Facilities Exclusion will consist of (40) Fourty Single Family Lots, Sincerely, Ashley 1 Department of Environmental Quality Engineering Bureau Public Water & Subdivision Review (406) 46MV4 email akroonnrrtt: go kJ cc: City Engineer County Sanitarian ' Owner file Steve Bullock, Governor I Shaun McGrath, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov Montana Departmont of Environmental Quality July 6, 2020 Benjamin Rankin, PE WGM Group 431 15t Ave. West Kalispell, MT 59901 Re: City of Kalispell — PWSID#MT000259 Northland Phase 5D — Water & Sanitary Sewer Main Extensions EQ#20-1908 Response Dear Mr. Rankin Thank you for the plans and specifications and engineering report for the proposed water and sewer main extensions associated with the Northland Phase 5D subdivision in Kalispell, received March 9, 2020, under the Professional Engineer's seal of Benjamin J. Rankin, #41791 PE. Fee payment for the project review was received April 6, 2020. The proposed water and sewer extensions were reviewed in accordance with Circular DEQ-1 design standards, 2014 Edition and Circular DEQ-2 design standards, 2016 Edition. The plans and specifications for the water and sanitary sewer mains proposed in Northland Phase 5D received May 22 2020 are hereby approved. One copy of the plans and specifications bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained as Department Record. The project consists of the installation of approximately 1,500 lineal feet of 8-inch C900 DR-18 PVC water main and approximately 2,000 lineal feet of 8-inch SDR 35 PVC sanitary sewer main. The project also includes all fittings, valves, hydrants, manholes, services and appurtenances as shown on the plans and indicated in the specifications. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for reappraisal and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the Department that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the Department and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the department. It is further understood that construction will be completed within three years of this date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. This three-year expiration period does not extend any compliance schedule requirements pursuant to a Department enforcement action against a public water or sewage system. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Steve Bullock, Governor I Shaun McGrath, Director 1 655 Timberwolf Parkway Suite 3 1 Kalispell, MT 59901-1215 1 (406) 755-8985 1 www.deq.mt.gov City of Kalispell — PWSID#MT000259 Northland Phase 5D — Water & Sanitary Sewer Main Extensions EQ#20-1908 Response July 6, 2020 Page 2 Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to: electrical work, architecture, site grading or water and sewer service cdnnections. Thank you for your efforts regarding this submittal me at (406) 444-6713 or psimonich2@mt.gov Sincerely, Paul Simonich, P.E. Engineering Bureau If you have any further questions, please contact Copies: Patrick Jeptz, City of Kalispell Public Works (electronic only) Wendee Jacobs, Flathead County Environmental Health (electronic only) MDEQ Plan Review File 9da&1IIcffL4a Sheet List Table ret Number Sheet Title COVER DEMOLITION PLAN EROSION CONTROL EROSION CONTROL NOTES ROAD AND MASS GRADING NORTHRIEGL WAY NORTHRIDGE WAY NORTHRIDGE DRIVE NORTHRIDGE DRIVE WATER SYSTEM _ NORTHRIDGE WAY NORTHRIDGE DRIVE SANITARY SEWER PARKRIDGE DRIVE NORTHRIDGE WAY NORTHRIDGE WAY NORTHRIDGE DRIVE STORM SEWER NORTHRIDGE WAY NORTHRIDGE WAY & NORTHRIDGE DR. SIGNAGE UTILITES DETAILS DETAILS DETAILS 1 7 PNd li f Y MAP GENERAL NOTES 1) ALL W K SHALL BE STANDARD SPECIFICATIONSP(MPWDSS) AND IN ACCORDANCE DY FE KALISPELL 5NTH THE 4�TAIiS1AA0SRRENT D ORNDES GN AND CONSTRUCTION.S OF THE MONTAN� PUBLIC WORKS 2) IT IS THE CONTRACTOR'S RESPONSIBILITY TO OBTAIN THE APPROVAL OF ALL PERMITS FROM CITY' COUNTY STATE' AND PRIVATE AUTKOMTIES PRIOR To CONSTRUCTION ACTIVITIES. PROVIDING PROPER PERMITTING DOGUMERTATION IN ACCORDANCE WITH CITY OF KALISPELL STANDARDS TO THE CITY OF KAIIS?ELL WILL BE A COWTION OF APPROVAL 3) THE CONTRACTOR SHALL BE RESPONSIBLE TO MAINTAIN THE CONSTRUCTION SITE AND ALL HAUL ROUTES IN ACCORDANCE WITH THE CURRENT REQUIREMENTS OF THE CITY OF KALISPELL AND THE STATE OF MNTANA DEPARTMENT OF TRANSPORTATION. 4) THE ENGINEER HAS DEVELOPED THE HORIZONTAL AND VERNCAL ELEVATIONS TO 'BEST Rr THE 01"NO CDNOtlnCHS. AFYEN LOHSTAl1OT1DN STAXTHC, AND PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL IMAIEDIAIELY 1NFORM THE ENGINEER CF ANY POTENTIAL CONFLnTS NTH ANY "TING FEATURES OR UTILITIES 41TTHIN THE CONSTRUCTION LIMITS, DEVIATION FROM THE DEgCN WALL ONLY BE ALLOWED WITH PRIOR APPROVAL OF THE PROJECT LHGNE£R, 5) IF THE CONTRACTOR DISHES TO VERIFY AND SEEN PAYMENT ADJUSTMENTS FOR ANY SUSPECTED INCREASES IN EARTHWORK QUANTIFIES. THE CONTRACTOR MUST PROVIDE YOpOORAPHIC SURVEY BY A UCEHSEO SURVEYOR AND VOLLWE MODELING VERIFIED AND APPROVED BY THE ENGINEER, OTHERWISE NO ADDIROHAL PAYMENT TALL BE MADE FOR ANY CLAIMS OF EARTHWORK QUANTITY INCREASER 6) THE ENGINEER HAS ENDEAVMED TO SHOW ON THE PLANS ALL KNOW UNDERGROUND & OVERHEAD URUTES. THE PRESENTATION OF EXISTING UTIUTIES 15 NOT WARRANTED TO BE EITHER COMPLETE OR EXACT IN VERTICAL LOCAMNSNOR PR OR£TOVATION. THE CON$TAUCTION. NYCTOR MUM SCAEPAIIGIS A>wMOR VER"EDIATELY BEUTIUTY RI2ONTAL Am DROUCHT TO THE ATYENTQN OF THE ENGINEER IN WRITING. 7) IT IS TI-rE CONTRACTOR'$ RESPOISIBIUTY TO RELO VERIFY THE LOCATIONS AND DEPTHS OF ALL EXISTING UTILITIES AS NEEDED TO PERFORM THE WORK, IT SHALL BE THE COHTRACTCR'S RESPCNSIflIUTY TO PROTECT THE UTILITIES FROM DAMAGE DURING CONSTRUCTION ACTIVITIES. ANY DAMAGE TD U11UTES CAUSED BY CONSTRUCTION SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO REPAIR AT NO ADDITIONAL CO$T TO THE OMER. B) THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTACTING EXISTING UTUTY COMPANIES TO VERIFY THE EXTENT OF UTUTY CONFLICTS CAUSED BY CONSTRUCTION OF THIS PROJECT. THE CONTRACTOR MAY CONTACT 'UDIG' AT 1-800-551-B,UC B) COORDWATIOH, COOPERAnON AND YMOCA710H WITH ALL AFFECTED UTILITY COMPANIES SHALL rNOLUDE, BUT IS i NOT LIMITED TO, UNDERSTANDING THE CONCERNS FOR UTILITY PROTECTION, OPERATIONS, AND ANY SPECIAL REWMCMENTS OF THE UTILITY COMPANY, THE CONTRACTOR SHALL TAKE RESPONSTBIUTY FOR KNOWLEDGE OF BURIED UTILITY CONFLICTS, HE AWARE OF THE COST ASSOCIATED A1TH BURIED UTIUVES AND BID THE PROJECT ACCORDINGLY, 10) THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ANY EXISTING BUILDINGS, SIDEWALKS AND PAVEMENT HORIZONTAL AND VERTICAL LOCATIONS PRIOR TO CONSTRUCTION. ANY DISCREPANCIES FOUND SHALL BE BROUGHT TO THE ATTENTION OF THE ENGINEER IN WRITING. 11) THE CONTRACTOR SHALL PROTECT ALL EXISTING IMPROVEMENTS WHICH MALL REMAIN IN -PLACE OR RESTORE TO ORIGINAL CONDITION AT THE CONTRACTOR'S EXPENSE IF DAMAGE OCCURS AS A RESULT OF CONSTRUCTION ACTIVITIES OR NEGLIGENCE. 12) PROPERTY PINS, BENCKMARKS, CONTROL POINTS, SECTION AND WARIER CORNERS FOUND WITHIN THE CONSTR"TO1 AREA SHALL BE PRESERVED- IT SHAD BE THE CONTRACTOR'S RESPONSIBILITY TO PROTECT THESE MONUMENTS, IF A MONUMENT IS DISTURBED. A LICENSED LAND SURVEYOR SHALL REPLACE THE MONUMENT AT THE CONTRACTOR'S EXPENSE. 13) THE CONTRACTOR SHALL PROVIDE ALL DEMOLITION AND REMOVAL INCIDENTAL TO N REQUIRED FOR NEW CONSTRUCTION WHETHER OR NOT SPECIFICALLY NOTED IN THE APPROVED PLANS OR SPECIFICATIONS. 14) ALL WORK SHALL BE PERFORMED IN ACCORDANCE PATH CURRENT OSHA REGULATIONS, LEGEND -PROPOSED LEGEND -EXISTING EDGE OF ASPHALT DRIVE -OVER CURB AND GUTTER CONCRETE SIDEWALK ASPHALT W WATER MAIN WATER SERVICE $ SANITARY SEWER MAIN -� SANITARY SEWER SERVICE SD STORM DRAIN BURIED ELECTRIC LINE f BURIED TELEPHONE LINE BURIED FIBER OPTIC GAS MAIN DG WATER VALVE FIRE HYDRANT ® SANITARY SEWER MANHOLE ® SFORY DRAIN UM41W ® DRAINAGE INLET (CURB BACKED LID) ® DRAINAGE INLET (CIRCULAR) LIGHT POLE JqI SIGN OI ADA TRUNCATED DOMES EDGE OF ASPHALT DRIVE -OVER CURB AND CUTTER CONCRETE SIDEWALK ASPHALT • WATER MAIN WATER SERVICE = SANITARY SEWER MAIN SANITARY SEWER SERVICE STORM DRAIN BURIED ELECTRIC LINE T BURIED TELEPHONE LINE IT BURIED FIBER OPTIC p GAS MAIN Ixl WATER VALVE FIRE HYDRANT SANITARY SEWER MANHOLE STORM DRAIN MANHOLE DRAINAGE INLET (CURB BACKED LID) DRAINAGE INLET (CIRCULAR) Y LIGHT POLE q SIGN ADA TRUNCATED DOMES rem I�Agq APPROVED EyE �'3na 1 IJeP ar l-ne_nt of Knowwhebeo ntf (,aid before you dlg. Envir,onmc-.ntal Quality CALL TWO(2)-BUSINESS DAYS IN ADVANCE J BEFORE YOU BIG, GRADE, OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES, 4��GW�~ WGM GROUP, INC. ASSUMES NO RESPONSIBILITY i FOR EXISTING UTILITY LOCATIONS (HORIZONTAL AND VERTICAL). THE EXISTING UTILITIES SHOWN ON THIS DRAWING HAVE BEEN PLOTTED FROM THE BEST AVAILABLE INFORMATION. IT IS, HOWEVER, THE RESPONSIBILITY OF THE CONTRACTOR TO FIELD VERIFY THE LOCATION OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF ANY CONSTRUCTION ACTIVITIES- WGM GROUP W W W.WGMGROUP.COM 4311ST AVENUE WEST KALISPELL, MT 59901 TEL: 406-7S64948 FOR REVIEW 5Vu0g1 pHT t1A i RAN v No, /A17. of �'TApNa4 '�4WnM1N1 '0 Y /�W/� VJ ^2 I..L Z 0 �_ vJ coW U) 0 Z ,wr' Li MJ W IN— ry O O U Z REVISIONS: NO, DESCRIPTION DATE PROJECT: 160330.6 LAYOUT: I ED: SURVEY DESIGN: ... DRAFT: APPROVE: ... DATE; MAY 17, 2020 F- N 1 OF 25 KALISPELL, MONTANA - - - - - - - - - - - - - - I AMA Ill, =,un WGIVIGROUP FOR REVIEW & —I, a AIIII W 11 .-1 lI N =IZI _VV 'AIII '11 A" to U.1 U) Sheet List Table 0 . .... LEGEND -PROPOSED LEGEND�EXISTING L�L ... . .. I > -9 LML"1 —I, ...... co Of X: 111111L WI' 21 > 0 0 C) z *& APPROVED Montana Department of Environmental Quality MAY 17, 2020 V� MPY 1 OF 25 December 18, 2019 United States Postal Service 350 N. Meridian Rd. Kalispell, MT 59901 To Whom It May Concern the contractor has meet with the USPS and the property listed has meet all the postal regulations and standards. If you have and questions please feel free to call. Don Landis Supervisor Customer Service Kalispell, MT 59901 (406) 755-6450 This is for the: Northland Phase 5 October 04, 2019 Amy Williams LHC Inc. PO Box 7338 Kalispell, MT 59904 Re: Approval letter for City Stormwater Management Permit Number SW19-0158 for project site: Northland Subdivision Ph 5 Dear Permittee: As of July 17th, 2017, all stormwater permits must be reviewed and approved before the commencement of any land disturbing activity. This letter serves as an approval letter to begin land disturbance for the above -referenced project site. You are required to: (1) Implement the City Stormwater Management Plan prior to any land disturbance (2) Develop and maintain best management practices (3) Terminate the permit once the site is properly stabilized To keep track of current projects, yearly renewal is required. If your project will continue past December 31 st of the current year, permit renewal is required. Failure to renew your permit before January 1 st of next year may incur a late fee. Please review and follow the City Stormwater Management Ordinance 1600 (www.kalispell.com) and the Erosion and Sediment Control Best Management Practices Reference Manual (www.mdt.mt.gov/research/projects/env/erosion.shtml). Note: This permit is separate from any permit required by other governmental agencies and does not waive any obligation by you to obtain other permits or approvals that may be required. If you have any questions, please call 406-758-5705 or email clewis(a)kalispell.com. Sincerely, /n Casey Lewis Environmental Specialist Public Works Department City of Kalispell 201 1st Avenue East, P.O. Box 1997, Kalispell, MT 59903 -Phone (406) 758-7720 -Fax (406) 758-7831, www.kalispell.com CITY OF 7wQlw. KALISPELL June 4th, 2020 Benjamin Rankin, PE WGM Group 431 1st Ave West Kalispell, MT 59901 Re: Northlands Phase 51) Engineering Review Dear Mr. Rankin: The drawings submitted on May 20th, 2020 for the above project are hereby approved contingent on the following condition: • The waiver of right to protest a stormwater SID must be filed with final plat. Three reviews were done for a total cost of $540. Please submit payment to the Public Works front desk. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the City Standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Any modifications made to these approved plans shall be submitted for review prior to construction. This approval is for the Public Works Department only and does not necessitate full City approval. If additional approvals from other City Departments are required, they should continue to be pursued. 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 Please contact Mark Crowley at (406)249-2485 to set up a pre -construction meeting prior to beginning construction. A Right -of -Way and Stormwater permit must be obtained by the prime contractor for this project. At project completion, please provide the City with hard copy and electronic record drawings. We look forward to working with you on this project. Sincerely, f AOI� Patrick Jentz, PE Engineer 2 cc: Paul Simonich, PE — DEQ Keith Haskins, PE — City Engineer Mark Crowley, — Construction Manager Page 2 of 2 CITY OF KALISPELL September 29, 2021 Benjamin Rankin, PE Project Engineer 431 1st Ave West Kalispell, MT 59901 Re: Northland 51) — Easements and Utilities Dear Mr. Rankin, All public infrastructure constructed for Northland Subdivision, Phase 51), and proposed to be transferred to the City of Kalispell has been designed and constructed in accordance with MDEQ and City Design and Construction Standards, has been tested and certified by a Montana licensed Professional Engineer, and is hereby considered acceptable to the Public Works Department. Incomplete work has been appropriately bonded for. Condition 7 of the Preliminary Plat conditions is hereby deemed satisfied. The Final Plat for Northland Subdivision, Phase 51), 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 to the Public Works Department. Condition 8 of the Preliminary Plat conditions is hereby deemed satisfied. Sincerely, Keith H"ins, City Engineer 201 1' Avenue E IPhone (406)758-7720 PO Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 www.kalispell.com CITY OF KALISPELL December 9, 2021 Westcraft Homes, Inc. 315 Parkway Drive Kalispell, MT 59901 Re: Northland, Phase 5D Dear Westcraft Homes, Inc.: Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7718 Fax (406) 758-7719 This letter is to serve as approval of the landscaping agreement submitted for boulevard trees and planting in Northland, Phase 5D. This agreement stipulates that developer will pay the city $444.15 per tree to be planted. A total of thirty-six (36) trees will be planted for a total cost of $15,989.40. The developer and/or property owner will be responsible for any boulevard prep, seeding or sod. This developer's agreement is solely for trees and no other landscaping in Northland, Phase 5D. We are in receipt of your check numbered 23852 for the amount of $15,989.40 to cover the planting of thirty-six (36) trees in Northland, Phase 5D. As the lots are developed and landscaping completed, please have the property owners call our office to schedule the tree plantings. If you have questions regarding the timing involved to plant trees or any concerns, feel free to contact me. Sincerely, Fred Bicha, Parks Superintendent CC: Chad Fincher, Parks and Recreation Director Jarod Nygen, Planning Department Julie Hawes, Finance Department 306 I'Avenue East, P.O. Box 1997, Kalispell, MT 59903 —Phone (406)758-7718— Fax (406)758-7719 www.kalispelfcom CITY OF KALISPELL REPORT TO: FROM: SUBJECT: DATE: RE: Pi, PJ Sorensen, Senior Planner Chad Fincher, Director Northland Subdivision December 9, 2021 Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 Northland Subdivision Phase 5 — Parks in Lieu Funds Northland Phase 5 is required to provide 2.7 acres of parkland dedication based on .03 acres of parkland per dwelling unit. This is based on Section 28.3.22 A, I of the City of Kalispell Subdivision regulations. The total amount of parkland dedication in phase 5 by the developer is 2.05 acres. This leaves this phase short .65 acres. The developer chose to utilize parks in lieu to offset the .65 acres they were short on meeting the parkland requirement for their proposed dwelling units in phase 5. The engineer and developer stated that current listings for unimproved/vacant land in their research was $65,000 an acre. I passed this information over to Community Development to review as well. Community Development was comfortable utilizing the cost per acre as proposed. Utilizing their unimproved/vacant land cost per acre, $65,000, times the amount of parkland they are short, .65 acres, equates to $42,250 for parkland cash in lieu. Our department is in receipt of the $42,250 payment. plf_. T?J em s 76 3CK -159 IITEA� -- _ PAC C5 __By DECLARATION OF -,,WLA i,UC31 J5U1l FLATHEAD cQUNN A'QNTAN6// COVENANTS, CONDITIONS AND RESTRICTIONS OF�' p NORTHLAND SUBDIVISION PHASE 1 (�Fil aDOsJ�Oq` 9. L, THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF NORTHLAND SUBDIVISION PHASE 1 (this "Declaration") is made the 9' day of September 2005, by BRIDGELAND DEVELOPMENT, LLP, a Montana company (hereinafter referred to as the "Undersigned"). © WITNESSETH: InWHEREAS, the Undersigned is the owner of certain real property situated in Flathead Q 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 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 property delineated on the Plat and to subject and place upon the above -described property certain pQ covenants, conditions, restrictions, easements, reservations, rights -of -way, obligations, liabilities and tn Q other charges set forth herein for the purpose of protecting the value and desirability of said property p V and for the purpose of furthering a plan for the improvement, sale and ownership of said property. NOW, THEREFORE, the Undersigned hereby declares that all of the properties described N9 above, including any real property subsequently incorporated into the subdivision, shall be held, sold Oo Q and conveyed subject to the following covenants, conditions, restrictions, easements, reservations, Lr) Ln rights -of -way, obligations, liabilities, charges and other provisions set forth herein, which are for the O 0 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. ARTICLE I — DEFINITIONS INTERPRETATION AND EXPANSION QSection 1.1 Certain Defined Terms. For the purpose of this Declaration (and all exhibits 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 Norttiland Subdivision Page 1 of 20 "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) all 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 N. "Declarant" shall mean and refer to Bridgeland Development, LLP, a Montana Iimited 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 of20 "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 t1-:iis 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 wluch 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 H -•- 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 retrain 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 fin-ther 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 Dcclarant's 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 A 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 of20 2005258) 6 COU (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 Norttiland Subdivision Page 7 of 20 2005258 19 (DUC) 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 quonun 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 ,Z®®-S2's815L)OU Section 4.4 Reconstruction Assessments. In addition to the annual and special assessments authorized in this Article IV, 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 Owner's 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 torhous 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 this 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 (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 may be 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 Owner's 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 DecIarant'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 1V 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 1 of 20 2005258 1 4,5 000 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 59 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, fiunishings 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, Iocation 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 funds. 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, Conditions and Restrictions Northland Subdivision Page 12 of 20 20057.5-5 16 Doi 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 S 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 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 Article 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 VU - 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 Northland Subdivision Page 13 of 20 200525.5 jr-) UY) 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 Negligence. Notwithstanding anything to the contrary contained in this Article VU, 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 IV for such amount. A determination 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 VII - Section 8.1 General flan. 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 of 20 2005258 16 bU0 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 M (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 16 DU() 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 Clerk 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 e)- WO 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 103 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 Declarants 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 t1iis Declaration. (e) 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 103 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 WrrNESS 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�� Highl—nd D ent, LC, Gerferal 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 005258 1 �D06 STATE OF MONTANA 1 ss. County of Flathead j This instrument was acknowledged before me on this day of e m h 2005, by Highland Development, LLC, General Partner of Bri eland Development, LLP by Marvin Galts, President of Highland Development, LLC. L n (Type, Stamp or Print Name) Notary Public for t 1ee §ttatee of Montana Residing at Public for Montana My commission expires��2A207 Declaration of Covenants, Conditions and Restrictions Northland Subdivision Page 20 of 20 DECLARATION OF ANNEXATION TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS OF NORTHLAND SUBDIVISION This Declaration of Annexation is executed on this 7t" day of September 2021, by Bridgeland Development, LLP, a Montana company (hereinafter referred to as the "Developer") RECITALS: Developer has executed and recorded written Declaration of Covenants, Conditions and Restrictions of Northland Subdivision Phase 1 dated September 9, 2005, and recorded on September 15t", 2005, with the office of the Flathead County Clerk and Recorder, Document Reception No. 200525815000 (herein 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 The Developer has opted to expand and include Northland Subdivision Phase 5D, all of which is defined in the legal description attached as Exhibit "A" ACCORDINGLY, the undersigned Developer hereby annexes into the Declaration as follows: 1. All of the above and foregoing Recitals form a part of the operative and substantive provisions of this Annexation. 2. The addition of real property now owned or owned in the future by Declarant identified in Phase 5D and shall be shown and described on the legal and plat attached hereto as Exhibit "A: 3. The Annexation of Phase 5D 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 document, 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 5D 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 dateand year first above written. Developer: Bridgeland Development, L By: M In Galts esident State of Montana Flathead County This instrument was acknowledged before me this 7th day of September 2021 by Marvin Galts, President of Bridgeland Development, LLP Of 1A1 I % fIL .40 Notarl Public for the State of Mo ana tOA ruo �� h CYNTHIA TUDHOPE Notary Public for Notarial . &eal = the State of Montana Residing / �x�=>���' "fro at KALISPELL, MT My Commission Expires February 13, 2023 EXHIBIT "A" Single Family Lots 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 and 70 and Townhome Lots 71A, 71 B, 72A, 7213, 73A, 7313, 74A, 7413, 75A, 7513, 76A, 7613, 77A, 7713, 78A, 7813, 79A, 7913, 80A and 80B of Northland Subdivision Phase 5D, a subdivision in the City of Kalispell, County of Flathead, Montana located in the NW 1/4 of Section 1, Township 28 North, Range 22 West, Principal Meridian, Montana, according to the Plat of Northland Subdivision Phase 5D on file and of record in the office of the Clerk and Recorder of Flathead County, Montana.