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H1. Stillwater Crossing Ph 2 & 3 Final plat transmittalCITY 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 Stillwater Crossing Phases 2 & 3 MEETING DATE: December 20, 2021 BACKGROUND: Our office has received an application for final plat approval from WGM Group, on behalf of 430 Stillwater Road, LLC, for a 2-lot (one multi -family lot and one commercial lot) subdivision on approximately 13.55 acres of land. The subject property is located at 430 Stillwater Road at the intersection of Stillwater Road and Four Mile Drive, and can be described as a portion of Tract 1 of Certificate of Survey 21158 in the South Half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, and is more specifically described on the face of the final plat. The Kalispell City Council approved the preliminary plat with 49 conditions on August 4, 2020 (Resolution 5982). 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 $1,200,531.00 (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 Stillwater Crossing Phases 2 and 3. 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 1st Ave E Kalispell, MT 59901 Re: Final Plat request for Stillwater Crossing Ph 2 & 3 Dear Doug: Development Services Department 201 Ist Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Our office has received an application for final plat approval from WGM Group, on behalf of 430 Stillwater Road, LLC, for a 2-lot (one multi -family lot and one commercial lot) subdivision on approximately 13.55 acres of land. The subject property is located at 430 Stillwater Road at the intersection of Stillwater Road and Four Mile Drive, and can be described as a portion of Tract 1 of Certificate of Survey 21158 in the South Half of Section 35, Township 29 North, Range 22 West, P.M.M., Flathead County, Montana, and is more specifically described on the face of the final plat. The Kalispell City Council approved the preliminary plat with 49 conditions on August 19, 2020 (Resolution 5982). 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 $1,200,531.00 (125% of remaining cost) is included for City Council action. COMPLIANCE WITH CONDITIONS OF APPROVAL The Planned Unit Development for Stillwater Crossing allows the following deviations from the Zoning Regulations: (a) Minimum lot area: Kalispell Zoning Ordinance Sec 27.09.040(1) — Minimum lot size in the RA-1 zone is 6000 square feet plus 3000 square feet for each unit beyond a duplex. This deviation reduces minimum lot area to 4180 square feet for the single-family lots and to 1652 square feet per unit for the multi -family lot. (b) Minimum lot width: Kalispell Zoning Ordinance Sec.27.09.040(2) — The minimum lot width in the RA-1 zone is reduced from 50 feet to 44 feet. Staff Response: This condition has been met. The lot sizes and dimensions meet the minimum requirements. 2. The Planned Unit Development for Stillwater Bend allows the following deviations from the Kalispell Subdivision Regulations: (1) Block length: Kalispell Subdivision Regulations Sec 28.3.12(A)(2)—Block lengths must be at least 250 feet, but not more than 600 feet. This deviation would allow blocks in excess of 600 feet provided that pedestrian connections are included per the submitted plans plus an additional connection from the linear park in the southwest corner of the development (2) Alleys: Kalispell Subdivision Regulations Sec 28.3.15 — Alleys are typically required for single family lots less than 50 feet in width. This deviation would eliminate the requirement for alleys provided that the property is developed per the submitted plans. Staff Response: This condition does not apply to these phases. These deviations would apply in a future phase of the development. 3. The B-1 (Neighborhood Business) zone on the property shall be designated as a PUD Placeholder and a separate PUD application shall be submitted for review and approval prior to any development within that zone. Staff Response: This condition is adequately addressed. The B-1 lot shown as Lot 84 remains subject to the PUD Placeholder provision that must be addressed prior to development of the lot. 4. 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. Phases 2 and 3 are in substantial compliance with the approved plans. 5. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. Staff Response: This condition has been adequately addressed. The developer is responsible for coordinating the agreement with the City Attorney and is not necessary for approval of the final plat. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. Staff Response: This condition has been met. The final PUD plan was submitted to the Planning Department. 7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. Staff Response: This condition has been met. The PUD has not been abandoned or otherwise expired under the terms of the zoning ordinance. 8. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit for any structure other than the single-family dwellings. Building design shall be provided as listed below: a. Four-sided architecture is required for all structures and buildings. Large, rectangular masses should be avoided by incorporating offsets in the wall and roof. A change in the plane of the walls, changing the direction or providing some variety in the roof form gives diversity and visual interest. b. All roof mounted equipment, i.e. HVAC, and any utility services should be shielded from all views. Staff Response: This condition is not applicable to the final plat as it relates to the building permit. However, it should be noted that the plans for the multi -family development were reviewed and approved by ARC. 9. Signage shall be allowed as provided for RA-1 zones within the sign regulations contained in the Kalispell Zoning Ordinance. Staff Response: This condition is not appliable to the final plat as it relates to Signage. Any signage on the property will require a sign permit after review and approval by the Planning Department to ensure it is compliant with the zoning ordinance. 10. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. Staff Response: This condition has been met. The stormwater bond was designed in conjunction with the City in the manner described. The final design does not require fences and is integrated with landscaping to provide a natural look. 11. In order to ensure unique and varied street frontage with varied roof configurations and facades with staggered locations on each parcel, the applicant shall prepare a plan calling out an appropriate mix of multiple home designs and site layouts for the single-family area, to be reviewed and approved by the Kalispell Planning Department. This plan shall be submitted prior to any building permit approvals within the single-family phase of the development. Staff Response: This condition does not apply. It is applicable to a future phase of the development. 12. A view -obscuring fence along Four Mile Drive, Stillwater Road, and Savannah Road shall be installed by the developer. The fencing plan shall be submitted to the Planning Department and the Architectural Review Committee for review and approval and shall include a consistent, aesthetically pleasing design. Staff Response: This condition has been adequately addressed and does not apply directly to the plat. The fencing requirement is intended to provide a consistent fence across a frontage. The developer has chosen to not install a fence on these phases at this time in conjunction with these phases. Any future fencing will need to comply with this condition under the PUD. 13. 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. Preliminary plat was granted on August 4, 2020, and the plat is still valid. 14. 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 submitted a letter from Public Works dated April 15, 2021, conditionally approving the plans as well as a certification from WGM certifying the installation. 15. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. The applicant has submitted the City of Kalispell stormwater permit dated May 19, 2021, and the DEQ documentation dated May 17, 2021. 16. 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 April 15, 2021, conditionally approving the plans and DEQ documentation dated May 21, 2021. 17. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. Staff Response: This condition has been met. The applicant submitted a letter from Public Works dated April 15, 2021, conditionally approving the plans. 18. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell or a proper bond has been accepted for unfinished work. Staff Response: This condition has been met. A letter from the Public Works Department dated November 23, 2021, was submitted accepting the installed infrastructure and bonding for unfinished work. 19. Prior to final plat all mitigation required as part of the approved traffic impact study shall be completed. All improvements shall be reviewed and approved by the Public Works Department. 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 State of Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is required. Staff Response: This condition has been met. A letter from the Public Works Department dated November 23, 2021, was submitted stating that the work required under the traffic impact study is either completed or bonded for. 20. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. A letter from the Public Works Department dated November 23, 2021, was submitted stating that the easements and rights -of -way are acceptable. 21. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The note appears on the final plat. 22. 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. The developer submitted a letter from the USPS dated October 11, 2021, approving the design and location. 23. While the development is planned as a rental community with a maintenance plan administered by the lessor, the subdivision creating separate lots necessitates provisions for a common area maintenance plan administered by a homeowners' association (HOA), which shall be provided for prior to final plat. The HOA should include provisions for the maintenance of all common areas in recorded covenants including, but not limited to, storm drainage facilities, open space, park areas, and clubhouses. As part of the storm drainage facilities, the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. Staff Response: This condition has been met. The applicant submitted a stormwater facility maintenance plan to Public Works as part of the review of the facility as well as a common area maintenance plan for the multi -family development. An HOA is not required at this time with these phases. 24. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. Staff Response: This condition has been met. The applicant submitted a letter from the Fire Chief dated October 26, 2021, approving the project. 25. A letter shall be obtained from the 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, common area, and adjoining rights -of -way, including Four Mile Drive and Stillwater Road. Staff Response: This condition has been met. The applicant submitted a letter from the Parks Department dated December 9, 2021, approving the landscaping plan. 26. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase 1. Staff Response: This condition has been met. The applicant submitted a letter from the Parks Department dated December 9, 2021, approving the park plan. It should be noted that the original Phase 1 was not constructed first and that recreational amenities for the multi -family lot are included with the development of that lot. The original Phase 1 will also include a parks plan. 27. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note has been placed on the final plat. 28. 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. The minimum infrastructure required has been completed. 29. All utilities shall be installed underground. Staff Response: This condition has been met. Utilities have been installed or are designed to be installed underground. 30. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been adequately addressed. The project area remains under construction and will be re -vegetated appropriately. 31. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. Staff Response: This condition has been adequately addressed. The water rights for the entire property are in the process of being transferred. 32. The existing irrigation well along Stillwater Road shall be protected by preserving electrical service to the well and having a means to install pipe from the well to the extent of this project and surrounding developments. Preferably, the well should be transferred to the City or abandoned and replaced in -kind elsewhere in Section 35, with the specific location being at the discretion of the City of Kalispell. However, it is currently under separate ownership and is part of undeveloped property to the north. It should be addressed either as part of the engineering design for this project or as part of any approval for the property to the north. Staff Response: This condition has been met. The applicant and the Public Works Department coordinated the design of the project to address concerns related to the well. 33. The parking spaces at the clubhouse in the single-family phase shall be amended to provide for a protected pull-out area, utilizing standard boulevard and approaches without backing into the street. Staff Response: This condition is not applicable as it relates to a future phase. 34. A final geotechnical report shall be prepared and submitted to the Public Works Department for review prior to engineering design for the subdivision. It shall also be submitted to the Building Department prior to issuance of any building permits within the development. Staff Response: This condition has been met. A Geotech report was submitted to both Public Works and the Building Department prior to construction. 35. In designing the water system for the subdivision, water services shall come off of internal water mains and not the transmission main. The water main in Savannah Road shall be a 12-inch main. Staff Response: This condition has been met. The applicant submitted a letter from Public Works dated April 15, 2021, conditionally approving the plans. 36. Any publicly owned mains within Phase 2 shall be located within drive aisles and an easement dedicated to the City. Staff Response: This condition has been met. The applicant submitted a letter from Public Works dated April 15, 2021, conditionally approving the plans. 37. The applicant will extend sewer service from the west to the property and will need to extend the sewer to the east in Four Mile Drive and north in Stillwater Road to the northeastern corner of the development. Staff Response: This condition has been met. The applicant submitted a letter from Public Works dated November 23, 2021, accepting the infrastructure for the project. 38. Sewer within Lot 85 for the multi -family development will need to be private until the point of connection in Savannah Road. Staff Response: This condition has been met. The applicant submitted a letter from Public Works dated April 15, 2021, conditionally approving the plans. 39. Phasing for the right-of-way improvements would include all improvements in Four Mile Drive and Savannah Road, plus the internal local road, as part of Phase 1 and all of the right-of-way improvements in Stillwater Road from the intersection with Four Mile Drive to the northeastern corner of the development would be part of Phase 2. Improvements related to the intersection of Four Mile Drive and Stillwater Road shall be included with Phase 1 improvements. Staff Response: This condition has been met. The applicant submitted letters from Public Works dated April 15, 2021, conditionally approving the plans and dated November 23, 2021, stating that the work is either completed or bonded for. 40. Savannah Road shall be designed as a collector street and extend to the subdivision's northern property boundary. A temporary turnaround shall be constructed along with provisions for snow storage until such time as the street connects to the north. There shall not be individual driveway approaches onto Savannah from the single-family area on the west, and only limited shared approaches from the multi -family and neighborhood commercial area on the east side of the road. Staff Response: This condition has been met. Public Works accepted the infrastructure pursuant to its letter of November 23, 2021. The temporary turnaround is included. The single-family area has not yet been constructed and the multi -family development under construction includes the limited access. 41. The full frontage of Stillwater Road shall be improved to an urban standard for a minor arterial from the intersection with Four Mile Drive to the northeastern corner of the development. The approach on Stillwater Road shall include a center turn lane. Staff Response: This condition has been met. The applicant submitted letters from Public Works dated April 15, 2021, conditionally approving the plans and dated November 23, 2021, stating that the work is either completed or bonded for. 42. The frontage of Four Mile Drive shall be improved to a rural standard for a minor arterial. Approaches on Four Mile Drive shall include center turn lanes and standard street intersection requirements (ADA ramps, crosswalks, lighting, etc.). Staff Response: This condition has been met. The applicant submitted letters from Public Works dated April 15, 2021, conditionally approving the plans and dated November 23, 2021, stating that the work is either completed or bonded for. 43. The intersection of Stillwater Road and Four Mile Drive shall be improved to provide for left- hand turn lanes on the south and west legs to match the existing left-hand turns on the north and east legs. The intersection shall also include sidewalks. Staff Response: This condition has been met. The applicant submitted letters from Public Works dated April 15, 2021, conditionally approving the plans and dated November 23, 2021, stating that the work is either completed or bonded for. 44. On the west side of the western approach onto Four Mile Drive, a pedestrian actuated rapid flashing beacon for a crosswalk needs to be installed with no midblock crossing on Four Mile Drive. Staff Response: This condition is not applicable to these phases. 45. Any required additional right-of-way necessary for the improvements shall be dedicated to the City of Kalispell. Additionally, the fee interest in the rights -of -way for Four Mile Drive and Stillwater Road shall be dedicated to the City of Kalispell. Staff Response: This condition has been met. The rights -of -way are dedicated on the face of the plat. 46. The interior local streets shown on the proposed plat as Lolo Lane and Kinners Lane would serve as access to the single-family homes and would be constructed to standards for a local street. Staff Response: This condition is not applicable to these phases. 47. Driveway widths shall not exceed ten feet plus the appropriate flares provided in the City of Kalispell Standards for Design and Construction. Staff Response: This condition is not applicable to these phases. 48. The name of the interior street shall be modified so that the entire interior road system from the western intersection with Four Mile Drive to the intersection with Savannah Road will be under a single name. Staff Response: This condition is not applicable to these phases. 49. T-intersections shall include ADA ramps on all legs. Staff Response: This condition has been met and the ADA ramps are included in the design. 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 RA-1 and B-1 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 Stillwater Crossing Phases 2 and 3. Attachments: - Two mylars of final plat - 11 x 17 copy of final plat - Subdivision Improvement Agreement - Applicant letter responding to conditions dated 10/13/21 - Final plat application - Final PUD Plan - First American Title Report 501005-1016005 dated 11/18/21 - Consent to Plat from Washington Trust Bank dated 12/13/21 - Flathead County tax certification dated 12/6/21 - WGM Stormwater certification dated 12/1/21 - DEQ Storm Water Discharge approval dated 5/11/21 - DEQ Water/Sewer extension letters dated 5/17/21 - USPS letter dated 10/11/21 - Water Rights Transfer application - City Stormwater Management Permit dated 5/19/21 - Kalispell Public Works Engineering Approval dated 4/15/21 - Kalispell Public Works acceptance/easement letter dated 11/23/21 - Kalispell Parks Dept letter dated 12/9/21 - Kalispell Fire Department letter dated 10/26/21 - Common Area Maintenance Plan c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: WGM Group 431 1st Ave W Kalispell, MT 59901 r� Asa rugs xass� ail mxa mwmm.v�o Iuawwnv m txn �fawx w( M} Koew¢s mwo uiEm�msRc ursowarrmrx r a SIIEETTI ; R ROell, uC ,� DAIE: No.: EI O8. 90]t IN Fi �MUI ® PRo.Ecr no.: 9-ae-a9 ® RLE­ r rAe90 SHTI Ai -PH 9.OWG SUBDIVISION PLAT OF STILLWATER CROSSING - PHASES 2 & 3 A SUBDIWSION IN THE CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA LOCATED IN THE SE 1/4 OF SECTION 35, T. 29 N.. R. 22 W., PRINCIPAL MERIDIAN, MONTANA NOTES: (NOTES 2-4 REQUIRED PER CITY OF KAUSPELL) xiw rrmu'¢x�acraeux wra nEw war m swm ��asrr�w 6 � sus w ;r�wu rnn �n v � � � sasxmw: •��' � G51w�tnM a ME WGMGROUP u OWNER A Ng1iANA U-0 UABUTY COMPANY SUBDIVISION PLAT OF STILLWATER CROSSING - PHASES 2 & 3 A SUBDIWSION IN THE CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA LOCATED IN THE SE 1/4 OF SECTION 35, T. 29 N.. R. 22 W., PRINCIPAL MERIDIAN, MONTANA LEGEND N BASIS OF BEARINGS ,�°�wo<Kn rxn�n mo xanm rc uaruu AT rune ------- fn„En mxAnax --' --— ------- Anas— — — IT LOTw8, NOTES.' (NOTES 2-4 REQUIRED PER CITY OF —SPELL) ITT.1-11 a m� soreuwo-�w rna�nirs smvwe TxE sueoivisw. ° w�ewsvumiox b� rxw e°or n° rna� asx RICH 1 —Es oMS Po PD cRP���58 —� __�--®—_---- ---- _ — x cP�ZTio3 � � � oac. zmswcmen / cosC,Ci2 j AREAS wr AREA — 1— ACRES ET TOTAL EA U- 9HEEr z a ,� DAIE: No.: EI O8. 9Gz1 wAri: wcMIM ® PRC.ECr NO.: 9— !-AT ® RLE­nD.:rAR9G SHT2 LAi—PH 2— °r ruisrot ow —FOUR MILE DRIVE xmxn� wra sang re " cPp��9 rAv WGMGROUP u osi,s IFS LOTH 85 9.15 <RB mge. J LOT 84 I.eI Awes ED,, w ., _ 1� �I ;ICI 'I a; I; �orFn' pR�sy�e g i P 5 a Intel Cos c. xmswm�sn LEGEND SUBDIVISION PLAT OF STILLWATER CROSSING - PHASES 2 & 3 A SUBDIWSION IN THE CITY OF KALISPELL, COUNTY OF FLATHEAD, MONTANA LOCATED IN THE SE 114 OF SECTION 35, T. 29 N.. R. 22 W., PRINCIPAL MERIDIAN MONTANA NOTES (NOTES 2-4 REQUIRED PER CITY OF KALISPELL) - LOT 85 ma LOT 8a g 67 -- - - - - - - - - - —, T- - -- - - - - - - - — - - - - - - ,- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - —ET 3 OF 3 T I D_ o_ OR— � ED T 29N 22W —r No.: I-- ­r INS rAv WGMGROUP Return to: Aimee Brunckhorst Kalispell City Clerk 201 1"Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and _4_3Q_1illater Road, LLC: (Name of Developer) a Company (Individual, Company or Corporation) located at . 717 W. Sprague Ave. Ste 802 Spokane, WA 99210 (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 Stillwater Crossing Phase 2 & 3 (Name of Subdivision) located at S 112 Section 35, T29N, R22W, P.M.M., Flathead County Montana (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Stillwater Crossing Phase 2 & 3 , 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 S $960,425.00 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of S $1,200,531.00 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of S $1,200,531.00 the estimated cost of completing the required improvements in Stillwater Crossing Phase 2 & 3 (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 22 , 20.2z 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. 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. 430 Stillwater Road, LLC (Name of Subdivision/Developer/Firm) by Pf--_ t5/ (Title) STATE OF MONTANA COUNTY OF 1:j.�`�-�6 On this _ .. i 3 day of 20 1l , before me, a Notary Public for the State of Montana, personally appeared 5 known to me to be the ? tr'o;ytzi-01, ^ 2SC— ofy&S!�%j I t,,- j C L C whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. Notary Public for he St to of�t ontana Printed Name ir1: (-Oc 'nf-- ^ Residing at r-lo. &.-� , )L� ii`SPe My Commission Expires Map l '7 r ? O Z MAYOR, CITY OF KALISPELL ATTEST: MAYOR CITY CLERK o� cocy MINDY COCHRAN NOTARY PUBLIC for the q SEAL z State of Montana Residing at Ka ispell MT �opo� MY Commission Expires May 17, 2023. EXHIBIT A RECOMMENDATIONS I. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-20-01 as findings of fact and recommend to the Kalispell City Council that the PUD for Stillwater Crossing be approved subject to the conditions listed below: II. It is recommended that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPUD-20-01 as findings of fact and recommend to the Kalispeil City Council that the subject property zoned R-3 (Residential) be rezoned to RA-1 (Residential Apartment) and B-1 (Neighborhood Business). III. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-20-01 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Stillwater Crossing be approved subject to the conditions listed below: CONDITIONS OF APPROVAL The Planned Unit Development for Stillwater Crossing allows the following deviations from the Zoning Regulations: 25 (a) Minimum lot area: Kalispell Zoning Ordinance Sec 27.09.040(1) — Minimum lot size in the RA-1 zone is 6000 square feet plus 3000 square feet for each unit beyond a duplex. This deviation reduces minimum lot area to 4180 square feet for the single-family lots and to 1652 square feet per unit for the multi -family lot. (b) Minimum lot width: Kalispell Zoning Ordinance Sec.27.09.040(2) — The minimum lot width in the RA-1 zone is reduced from 50 feet to 44 feet. 2. The Planned Unit Development for Stillwater Bend allows the following deviations from the Kalispell Subdivision Regulations: (1) Block len tg_h: Kalispell Subdivision Regulations Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not more than 600 feet. This deviation would allow blocks in excess of 600 feet provided that pedestrian connections are included per the submitted plans plus an additional connection from the linear park in the southwest corner of the development (2) Alleys: Kalispell Subdivision Regulations Sec 28.3.15 — Alleys are typically required for single family lots less than 50 feet in width. This deviation would eliminate the requirement for alleys provided that the property is developed per the submitted plans. The B-1 (Neighborhood Business) zone on the property shall be designated as a PUD Placeholder and a separate PUD application shall be submitted for review and approval prior to any development within that zone. 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. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to the issuance of a building permit. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. 26 S. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit for any structure other than the single-family dwellings. Building design shall be provided as listed below: a. Four-sided architecture is required for all structures and buildings. Large, rectangular masses should be avoided by incorporating offsets in the wall and roof. A change in the plane of the walls, changing the direction or providing some variety in the roof form gives diversity and visual interest. b. All roof mounted equipment, i.e. HVAC, and any utility services should be shielded from all views. 9. Signage shall be allowed as provided for RA-1 zones within the sign regulations contained in the Kalispell Zoning Ordinance. 10. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. 11. In order to ensure unique and varied street frontage with varied roof configurations and facades with staggered locations on each parcel, the applicant shall prepare a plan calling out an appropriate mix of multiple home designs and site layouts for the single-family area, to be reviewed and approved by the Kalispell Planning Department. This plan shall be submitted prior to any building permit approvals within the single-family phase of the development. 12. A view -obscuring fence along Four Mile Drive, Stillwater Road, and Savannah Road shall be installed by the developer. The fencing plan shall be submitted to the Planning Department and the Architectural Review Committee for review and approval and shall include a consistent, aesthetically pleasing design. 13. The preliminary plat approval shall be valid for a period of three years from the date of approval. 14. 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. 15. The developer shall submit to the Kalispell Public Works Department prior to 27 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. 16. 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. 17. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. 18. Prior to final plat, 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. 19. Prior to final plat all mitigation required as part of the approved traffic impact study shall be completed. All improvements shall be reviewed and approved by the Public Works Department. 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 State of Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is required. 20. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 21. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, frrn 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." ev oper's Signature 22. 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. 28 23. While the development is planned as a rental community with a maintenance plan administered by the lessor, the subdivision creating separate lots necessitates provisions for a common area maintenance plan administered by a homeowners' association (HOA), which shall be provided for prior to final plat. The HOA should include provisions for the maintenance of all common areas in recorded covenants including, but not limited to, storm drainage facilities, open space, park areas, and clubhouses. As part of the storm drainage facilities, the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. 24. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. 25. A letter shall be obtained from the 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, common area, and adjoining rights -of -way, including Four Mile Drive and Stillwater Road. 26. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase 1. 27. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 28. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 29. All utilities shall be installed underground. 30. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 31. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. 32. The existing irrigation well along Stillwater Road shall be protected by preserving electrical service to the well and having a means to install pipe from the well to the extent of this project and surrounding developments. Preferably, the well should be transferred to the City or abandoned and replaced in -kind elsewhere in Section 35, with the specific location being at the discretion of the City of Kalispell. However, it is currently under separate ownership and is part of undeveloped property to the north. It should be addressed either as part of the engineering design for this project or as part of any approval for the property to the north. 29 33. The parking spaces at the clubhouse in the single-family phase shall be amended to provide for a protected pull-out area, utilizing standard boulevard and approaches without backing into the street. 34. A final geotechnical report shall be prepared and submitted to the Public Works Department for review prior to engineering design for the subdivision. It shall also be submitted to the Building Department prior to issuance of any building permits within the development. 35. In designing the water system for the subdivision, water services shall come off of internal water mains and not the transmission main. The water main in Savannah Road shall be a 12-inch main. 36. Any publicly owned mains within Phase 2 shall be located within drive aisles and an easement dedicated to the City. 37. The applicant will extend sewer service from the west to the property and will need to extend the sewer to the east in Four Mile Drive and north in Stillwater Road to the northeastern corner of the development. 38. Sewer within Lot 85 for the multi -family development will need to be private until the point of connection in Savannah Road. 39. Phasing for the right-of-way improvements would include all improvements in Four Mile Drive and Savannah Road, plus the internal local road, as part of Phase 1 and all of the right-of-way improvements in Stillwater Road from the intersection with Four Mile Drive to the northeastern corner of the development would be part of Phase 2. Improvements related to the intersection of Four Mile Drive and Stillwater Road shall be included with Phase I improvements. 40. Savannah Road shall be designed as a collector street and extend to the subdivision's northern property boundary. A temporary turnaround shall be constructed along with provisions for snow storage until such time as the street connects to the north. There shall not be individual driveway approaches onto Savannah from the single-family area on the west, and only limited shared approaches from the multi -family and neighborhood commercial area on the east side of the road. 41. The full frontage of Stillwater Road shall be improved to an urban standard for a minor arterial from the intersection with Four Mile Drive to the northeastern corner of the development. The approach on Stillwater Road shall include a center turn lane. 42. The frontage of Four Mile Drive shall be improved to a rural standard for a minor arterial. Approaches on Four Mile Drive shall include center turn lanes and standard street intersection requirements (ADA ramps, crosswalks, lighting, etc.). 30 43. The intersection of Stillwater Road and Four Mile Drive shall be improved to provide for left-hand turn lanes on the south and west legs to match the existing left-hand turns on the north and east legs. The intersection shall also include sidewalks. 44. On the west side of the western approach onto Four Mile Drive, a pedestrian actuated rapid flashing beacon for a crosswalk needs to be installed with no midblock crossing on Four Mile Drive. 45. Any required additional right-of-way necessary for the improvements shall be dedicated to the City of Kalispell. Additionally, the fee interest in the rights -of -way for Four Mile Drive and Stillwater Road shall be dedicated to the City of Kalispell. 46. The interior local streets shown on the proposed plat as Lolo Lane and Kinners Lane would serve as access to the single-family homes and would be constructed to standards for a local street. 47. Driveway widths shall not exceed ten feet plus the appropriate flares provided in the City of Kalispell Standards for Design and Construction. 48. The name of the interior street shall be modified so that the entire interior road system from the western intersection with Four Mile Drive to the intersection with Savannah Road will be under a single name. 49. T-instersections shall include ADA ramps on all legs. 3l Project Name: STILLWATER CROSSING APARTMENTS, PHASE 2 WGM Project Number: 120602 Owner: 430 Stillwater Road, LLC. Bonding Date: October 20, 2021 EXHIBIT "B" CERTIFICATION OF WORK TO BE q, WG M G R O U P COMPLETED Completed as of Bonding Date Total Final Construction Construction Quantity Costs Quantities and Costs Line Item Item Description Unit Quantity Unit Price Total Quantity Current Total Schedule 1-Site Work 20 Mobilization, Submittals & Permits LS 1 $16,300.00 $16,300.00 1.0000 $16,300.00 30 Erosion Control Measures LS 1 $14,250.00 $14,250.00 1.0000 $14,250.00 40 Trafffa Control LS 1 $6,394.00 $6,384.00 1.0000 $6,384.o0 so Consbvcdon Survey LS 1 S11,750.00 $11.750.00 1.0000 $11,750.00 60 Material Testing LS 1 $5,9&5.00 $5,995.00 24M $5,985.00 70 Demolitions LS 1 $27,064.00 S27,064.00 1.0000 $27,064.00 SCHEDULE 1TOTAL $81,733.00 $81,733.00 Schedule 2 - Roads & Sidewalks 100 Clearing Topsoil, Stockpile, Re -Spread CY 24000 $8.50 $119,000.00 14,000 $119,000.00 110 Embankmet CY 45M $30.00 $135.0W.D0 4,500 $135,000.00 130 3" Minus Select Subbase (Savannah Road) Cr 1899 S28.00 $53,172.00 IA" $53,172.00 140 3/4' Minus Base Course Materials CY Boo $44.00 $33,200.00 800 $35,200.0D 150 Asphalt Pavement(4"Thickness) SY am $21.00 $198,979.00 3,629 $76,209.00 160 Concrete Curb & Gutter LF 1790 $16.00 $28,64M00 1,790 $28,640.00 170 Standard Sidewalk (4' with 6" of Bass Gravel) SF 8640 $6.25 S54,000,00 8,640 S54,000.00 185 6' Thick Concrete FiilaU•Approaches SF 1569 $$= $12,552.00 1,023 $8,194.00 190 AIIA Truncated Domes EA 44 $272.00 $11,968.00 0 $0.00 SCHEDULE 2 TOTAL $706,326.00 $W2A05.00 Schedule 3 -Water System 230 12" PVC Water Main LF 958 $72.00 $68,976.00 9S8 $68,976.00 240 8'PVCWater Main LF 143 $58.00 $8,294.o0 143 $8,294.00 250 8' PVC Water Main (Oubie City ROW) LF 1479 $38.00 $56,202.00 1,479 $56,202.00 260 12' 21.25 Bend EA 3 $931.00 $2,495.00 3 $2,493.00 270 B" 45 Band EA 1 $669.00 $969.00 1 $669.00 290 6' 90 Band EA 2 $669.00 $1,338.00 2 $1,338.00 300 a' X 12' Tee EA 3 S1,190.110 S3,570.00 3 $3,570.00 310 Connect to Existing Water Main Stub (Savannah) EA 1 $1,450.00 $1,450.00 1 $1,450.00 330 6' Fire Hydrant Assembly EA 8 $4,900.00 $39,2D0.00 8 $39,200.00 340 8' Gate Valves EA 14 $2,395.00 $33,390.00 14 $33,39D.00 350 12' Gate Valves EA 10 $3A60.00 $34,600.00 10 S34,600.00 360 2" Domestic Water Service EA 8 $6,712.00 $53,695.00 a $53,696.00 370 4" Fire Service - EA 8 $6,955.00 $53.640.00 8 $55,640.00 375 3' Irrigation Service _ EA 1 $4,725.00 $4,725.00 1 $4,725.00 380 B" MI End Cap EA 1 $573.00 $573.00 1 $573.00 390 12'MI End Cap FA 1 $664.00 SKA-00 1 $664.00 SCHEDULE 3 TOTAL $365A80.00 $365,480.00 Schedule 4 - Sewer System 420 Connect to Existing West Side Interceptor EA 1 $2,366.00 $2,366.00 1 $2,366-00 430 Install 48" Dia. Manhole with Apron EA 14 $5,836.110 $81,704.00 13 $75,868.011 440 Install 48"Dia. Manhole Outside Asphalt EA 6 $SA36.00 W'016.00 6 $35.016.00 445 4'Sanitary SewerServke EA 1 $2,342.00 $2,342.00 1 $2,342.00 450 6' Sanitary Sewer Service EA 7 $2,456.00 $17,192.00 7 $17,192.00 455 18"Sewer Main (CityROW) LF 3090 $235.00 $417,150.00 2,810 $379,350-00 460 8" Sewer Main (City ROW) LF 1306 $90.00 $229,294.00 1,306 $129,294.00 SCHEDULE 4 TOTAL $68SA64.00 $641p28.00 Schedule S - Stormwater Management 500 30'StormBasin W/Standup Curb Casting, Apron EA 5 $3,854.00 $19,270.00 5 $19,270.00 510 30' Storm Basin W/Valley Gutter Casting EA 3 $3,477.00 $2%431.00 3 $10,431.00 530 48'Storm Basin W/ValiayGutter Caging EA 8 S4,395.00 $35,160.00 8 $35,160.00 540 48' Storm Basin W1 Beehive EA 2 $4,3SO.00 $8,700.00 2 $8,700.00 550 48"Storm Basin W/Solid Lid EA 6 $4,703.00 $28,218.00 6 $28,218.00 555 48"StarmBasin W/Standup Curb Caging EA = 2 $4,435.D0 $8,870.00 2 $8,870.00 560 60' Storm Basin W/ Sold Ud EA 1 $6,452.00 $6,452,00 1 $6,452.00 565 MH-29 Cylinderical Structure gab EA 1 $4,430.00 $4,430.00 1 $4,430.00 590 WaterQwlityUnit EA 1 $33,226.00 $33.226.00 1 $33,226.00 590 12" Storm Main (City ROW) LF 1092 $54.00 $58,968.00 1,092 $58,968.00 610 18' Storm Main LF 635 $66.00 $42,910.00 635 $41,910.00 620 24'Storm Main LF 31 $100.00 $3,100.00 31 $3,100.00 630 24" Flared End Section EA 1 $478.00 $478.00 1 $478.00 635 12' Flared End Section EA 1 $400.00 $400.D0 1 $400.D0 64D Infiltration Pond Complete LS 1 $9,182.00 $9,1R2.00 1 $9,182.00 650 24' Critter Guard EA 1 $444.00 $444.00 1 $444.00 655 12" Critter Guard EA 1 $343.00 $343.00 1 $343.00 660 24' RCP Pipe LF 131 $94,00 $12,314.00 0 $0.00 SCHEDULE 5 TOTAL $281,B96.00 $269,582.00 Schedule 6 - Dry Utilities, Street Lighting, and Signage 690 Utility Trench with Bedding LF 4,442 WOO $35,536.00 2,M $23,064.00 70D 4"SCH 40 Conduit LF _ 5,474 $6.50 $35,581.00 2,523 $9,83450 710 2"SCH40Oondult LF 5,474 $3.50 $19.159.00 4,253 $14,885.50 720 2" SCH 40 Conduit• Light Poles LF 1369 050 $4,791.50 1,369 $4,791.50 73D Three Phase Vault EA f 13 $1,372.00 $17,836.00 a $10,976.W 740 4' Long Radius Sweep EA 47 $69.00 $3,243.00 0 $0.00 750 2' Long Radius Sweep EA 34 $54,00 $1,836A0 0 $0.00 760 Light Pole Base EA 17 $1,001.00 $17,017.00 7 $7,007.00 770 Street Signs EA a $350.00 $2,800.00 0 $0.00 SCHEDULE 6 TOTAL $137,799.50 $70,558.50 Schedule 7.Offsite Road Improvements Rio TrafBcControl LS 1 $17.100.00 S17,300.00 D S0.00 93D Seeding and Restoration LS 1 $10,172.00 $10,172.00 0 $0.00 a50 Demolition LS 1 $13,598.00 $13,598.W 0 $0.00 860 3' Minus Select Subbase CY 3533 $28.00 $98,924.00 0 SO= 870 314" Minus Base Course CY 1414 $43.00 $60,802.00 0 $0,00 875 Asphalt Pavement (4" Thicki SY 8032 $21.00 $168,672.W 0 $0.00 ago Embankment CY 1860 $23.00 $42,780.00 0 $0.00 89D Cut to Waste CY 2265 $9.00 $18,220.00 0 $0.00 90D Sidewalk (4"Thick with Base) SF 0 $0.00 $0.00 0 $0.00 910 Asphalt Patch (4'Thick, B' Wlde, "8' Sue) SF 13192 54.50 $5%364.00 0 $0.00 920 Curb and Gutter LF 1346 $16.00 $22,536.00 D $0.06 930 Road Striping LS 1 $14,000.00 $14,000.00 0 $0.00 SCHEDULE 7TOTAL $525.068.00 Schedule 8 - Landscape 1000 Street Trees EA 87 $8W.00 $69,WO.00 0 $0.00 1010 R/W Irrigation Heads EA 753 1020 R/W Seeding LS 1 1030 R/W Irrigation Une LF S,840 $25.00 $9,300.00 $3.00 $18,825.00 $9,300,00 $17,S20.00 SCHEDULE 7TTTAL $11SA4S.0D $0.00 CIVIL CONSTRUCTION BASE BIDTOTAL $2,898,611.50 $1,938,1W.50 TOTAL PROJECT BUDGET $2,898,611.50 $1,938,186.50 TOTAL ESTIMATED COST OF CONSTRUCTION $2,898,611.50 Approximate percentage of completed work as of bonding date.67% AMOUNT COMPLETED PRIOR TO BONDING $1,938,196.50 AMOUNT OF REMAINING WORK PRIOR TO BONDING $96OA25.00 AMOUNT OF BOND (125%OF REMAINING WORK) $1,20Q531.25 AS PROJECT ENGINEER FOR STILLWATER CROSSING APARTMENTS, PHASE 2,1 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 COMPLETEOTO DATE IS ESTIMATED TO BE: THE TOTAL VALUE OF REMAINING WORK, SERVICES AND FEES IS ESTIMATED TO BE: SECURITY HELD AT 125% OFTHE REMAINING COSTS SHOULD BE IN THE AMOUNT OF: Benjamin Rankin, P.E. *ALL IMPROVEMENTS SHALL BE COMPLETED BY: $1,938,186.50 $96Q425.D0 $1,200,531.25 October 13 2022 October 13, 2021 Jarod Nygren, Director Kalispell Planning Department 201 1 st Avenue East Kalispell, MT 59901 Re: Final Plat Application for Stillwater Crossing Phase 2 Subdivision Dear Jarod: As the engineer of record for Stillwater Crossing Phase 2 Subdivision, I hereby certify that all of the conditions stated in Ordinance No. 1846 have been addressed to the best of my knowledge, except Conditions 18, 19, 20, and 25, which are currently in review and pending City approval. Enclosed is the Final Plat application for the Stillwater Crossing Phase 2 Subdivision. The conditions of approval are listed below along with how each has been addressed: The Planned unit development for Stillwater Crossing allows for the following deviations from the Zoning Regulations: a. Minimum lot area: Kalispell Zoning Ordinance Sec 27.09.040(1) — Minimum lot size in the RA-1 zone is 6000 square feet plus 3000 square feet for each unit beyond a duplex. This deviation reduces minimum lot area to 4180 square feet for the single-family lots and to 1652 square feet per unit for the multi -family lot. b. Minimum lot width: Kalispell Zoning Ordinance Sec.27.09.040(2) — The minimum lot width in the RA-1 zone is reduced from 50 feet to 44 feet. The multi -family site complies with these ►egulations as 192 units equates to 7.28 acres; the size of Lot 85. The lot width is more than in compliance as it is a large multi -family lot. 2. The Planned Unit Development for Stillwater Crossing allows the following deviations from the Kalispell Subdivision Regulations: (1) Block length: Kalispell Subdivision Regulations Sec 28.3.12(A)(2) — Block lengths must be at least 250 feet, but not more than 600 feet. This deviation would allow blocks in excess of 600 feet provided that pedestrian connections are included per the submitted plans plus an additional connection from the linear park in the southwest corner of the development. (2) Alleys: Kalispell Subdivision Regulations Sec 28.3.15 — Alleys are typically required for single family lots less than 50 feet in width. This deviation would eliminate the requirement for alleys provided that the property is developed per the submitted plans. Not applicable, this primarily is aimed at the Phase I single family portion of the development. 3. The B-1 (Neighborhood Business) Zone on the property shall be designated as a PUD placeholder and a Separate PUD application shall be submitted for review and approval prior to any development within the zone. Not applicable, this condition is specific to the B-1 lot and not included as a part of this application. 4. 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 apartments are consistent and in substantial compliance with the PUD/Preliminary Plat application submitted with no major changes proposed. 5. A development agreement shall be drafted by the Kalispell City Attorney between the City of Kalispell and the developer outlining and formalizing the terms, conditions and provisions and provisions of approval. The final plan as approved, together with the conditions and restrictions imposed, shall constitute the Planned Unit Development (PUD) zoning for the site that shall be completed and signed by the city and owner prior to issuance of the building permit. A waiver to this condition is hereby requested pending completion of all other conditions of approval for Stillwater Crossing Apartments Phase 2. 6. Upon approval of the preliminary PUD by the City Council, the property owner shall proceed with the preparation of the final PUD plan as provided in Section 27.19.020(7) of the Kalispell Zoning Ordinance. A waiver to this condition is hereby requested pending completion of all other conditions of approval for Stillwater Crossing Apartments Phase 2. 7. As a PUD with an associated preliminary plat application, the abandonment or expiration of the PUD is governed by Section 27.19.020(10) of the Kalispell Zoning Ordinance. i ne Nuu is still active in accordance with Section 27.19.020(10) of the Kalispell I-oning Ordinance. 8. Architectural renderings submitted to the Kalispell Architectural Review Committee for review are required, and approval is necessary prior to issuance of a building permit for any structure other than the single-family dwellings. Building design shall be provided as listed below: a. Four-sided architecture is required for all structures and buildings. Large, rectangular masses should be avoided by incorporating offsets in the wall and roof. A change in the plane of the walls, changing the direction or providing some variety in the roof form, gives diversity and visual interest. b. All roof mounted equipment, i.e. HVAC, and any utility services should be shielded from all views. Architectural review committee has reviewed building plans and materials for apartment buildings. 9. Signage shall be allowed as provided for RA-1 zones within the sign regulations contained in the Kalispell Zoning Ordinance. Signage has been designed to correspond with the RA-1 Correspondence. 10. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant fixture shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to come up with a design that is both visually appealing and meets the required safety guidelines. It is intended that when the project is developed the ponds will act as features, particularly along the roadways, rather than a private maintenance utility facility. The stormwater pond has been designed as an integrated landscape feature with 4:1 max side slopes and a maximum depth lower than four feet, making the area usable and unfenced. The geometry of the pond and surrounding paths was designed to create a natural appearance vs. a square, triangle, or other inorganic geometry. The landscape plans have included landscaping to support this natural look and create visual interest. Figure 1: Stormwater Pond Georr 11. In order to ensure unique and varied street frontage with varied roof configurations and facades with staggered locations on each parcel, the applicant shall prepare a plan calling out an appropriate mix of multiple home designs and site layouts for the single- family area, to be reviewed and approved by the Kalispell Planning Department. This plan shall be submitted prior to any building permit approvals within the single-family phase of the development. Not applicable. This is specific to single family portion of development (Phase 1). 12. A view -obscuring fence along Four Mile Drive, Stillwater Road, and Savannah Road shall be installed by the developer. The fencing plan shall be submitted to the Planning Department and the Architectural Review Committee for review and approval and shall include a consistent, aesthetically pleasing design. tsasea on aiscussions with the vianning uepartment, the intent of this condition was to ensure a consistent fence type along the single-family portion of the development. It was requested that fencing not be installed surrounding the apartments to limit segregation of the rental community. 13. The preliminary plat approval shall be valid for a period of three years from the date of approval. The Preliminary Plat approval is still valid. 14. 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 infrastructure installation. Please see enclosed Public Works Engineering Approval Letter. The remainder of the storm water system that has not been installed yet has been bonded for in the included SIA. The entire system will be certified at the completion of the system installation. 15. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. An erosion control plan was assembled and 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 Activites has been obtained. The approval from MDEQ is enclosed. 16. 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. The development 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. 17. The developer shall submit the street design to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction. A street design has been submitted to the Kalispell Public Works Department for review and has been approved for current phase. Please see Public Works Engineering Approval Letter. 18. Prior to final plat, 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. 19. Prior to final plat all mitigation required as part of the approved traffic impact study shall be completed. All improvements shall be reviewed and approved by the Public Works Department. 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 State of Montana. If infrastructure work has not been accepted, a letter stating that a proper bond has been accepted for the unfinished work by the appropriate agency is required. 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. 20. All existing and proposed easements shall be indicated on the face of the final plat. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. All existing ana proposea easements are snown 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. 21. 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. 22. 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 for Phase 2 is located it the Club House. USPS approval of the mail facility site is included with this application. 23. While the development is planned as a rental community with a maintenance plan administered by the lessor, the subdivision creating separate lots necessitates provisions for a common area maintenance plan administered by a homeowners' association (HOA), which shall be provided for prior to final plat. The HOA should include provisions for the maintenance of all common areas in recorded covenants including, but not limited to, storm drainage facilities, open space, park areas, and clubhouses. As part of the storm drainage facilities, the association will be required to mow the area to reduce fire hazard and reduce spread of noxious weeds. Not applicable. This is specific to single family portion of development (Phase 1). 24. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. Correspondence from Kalispell Fire Department approving the fire hydrant locations is included with this application. 25. A letter shall be obtained from the 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, common area, and adjoining rights -of - way, including Four Mile Drive and Stillwater Road. A letter from the Parks and Recreation Director has been requested. The SIA to bond for landscape improvements within the City right-of-way has been submitted to the Parks Department for review and the acceptance letter has been requested. The letter will be forwarded on to your office when we receive it. 26. A park plan shall be created and approved by the Parks and Recreation Director prior to final plat of Phase 1. ,4ot applicable. This is specific to single family portion of development (Phase 1). 27. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The taxes levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Not applicable. This is specific to single family portion of development (Phase 1). 28. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. A minimum of 2/3rds of the infrastructure supporting Lot 85 has been installed and the remaining has been bonded for and included in the attached Subdivision Improvements Agreement Estimate. 29. All utilities shall be installed underground. All utilities have been installed underground or have been designed for underground installation. 30. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. All disturbed areas will be re -vegetated with a weed -free mix immediately after development. Additional landscaping will be installed this fall or spring 2022 and is included with the bonding. 31. Any water rights associated with the property shall be transferred to the City of Kalispell. The water rights shall be allocated proportionally for each phase of the development prior to final plat. A 608 form has been completed for water rights transfer associated with the property and included with this submittal. All water rights for the entirety of the PUD property will be transferred as a part of this final plat. 32. The existing irrigation well along Stillwater Road shall be protected by preserving electrical service to the well and having a means to install pipe from the well to the extent of this project and surrounding developments. Preferably, the well should be transferred to the City or abandoned and replaced in -kind elsewhere in Section 35, with the specific location being at the discretion of the City of Kalispell. However, it is currently under separate ownership and is part of undeveloped property to the north. It should be addressed either as part of the engineering design for this project or as part of any approval for the property to the north. Engineering design has accommodated this well and the water rights from the well applying to this property have been transferred as a part of the 608 form described in item 32. The existing well remains operational, but no ownership can be transferred as the property is not owned by the developer. 33. The parking spaces at the clubhouse in the single-family phase shall be amended to provide for a protected pull-out area, utilizing standard boulevard and approaches without backing into the street. Not applicable. 34. A final geotechnical report shall be prepared and submitted to the Public Works Department for review prior to engineering design for the subdivision. It shall also be submitted to the Building Department prior to issuance of any building permits within the development. A tinal Geotech report was included with the design. A copy of this is included. 35. In designing the water system for the subdivision, water services shall come off of internal water mains and not the transmission main. The water main in Savannah Road shall be a 12-inch main. All WdLUI services wine off the internal water mains and not the transmission main. The water main in Savannah Road is a 12-inch main. 36. Any publicly owned mains within Phase 2 shall be located within drive aisles and an easement dedicated to the City. All public owned mains within Phase 2 are located within the drive aisles. An easement for these mains has been created. A copy of the Final Plat document is attached and shows these easements. 37. The applicant will extend sewer service from the west to the property and will need to extend the sewer to the east in Four Mile Drive and north in Stillwater Road to the northeastern corner of the development. Sewer has been extended to the west along Four Mile Drive to the Westside Interceptor sewer main. The sewer has been extended north in Stillwater Road to accommodate any flow from the adjacent property to the east. All sewer plans have been reviewed and approved by City of Kalispell Public Works Department. 38. Sewer within Lot 85 for the multi -family development will need to be private until the point of connection in Savannah Road. Sewer within the multi -family development is private. Both City of Kalispell Public Works and DEQ reviewed and approved the private sewer mains within the development. Corresponding approvals are included with this application. 39. Phasing for the right-of-way improvements would include all improvements in Four Mile Drive and Savannah Road, plus the internal local road, as part of Phase 1 and all of the right-of-way improvements in Stillwater Road from the intersection with Four Mile Drive to the northeastern corner of the development would be part of Phase 2. Improvements related to the intersection of Four Mile Drive and Stillwater Road shall be included with Phase 1 improvements. The development is not being developed as initially phased, with Phase 2 being developed first. As such, Stillwater Road has been improved to the intersection of Four -Mile Drive, and Four Mile Drive has been improved from this intersection to the intersection with Savannah Road. Additionally, Savannah Road has been constructed from this intersection to the northern property line as noted in condition 41. The Public works approval is included with this submittal. 40. Savannah Road shall be designed as a collector street and extend to the subdivision's northern property boundary. A temporary turnaround shall be constructed along with provisions for snow storage until such time as the street connects to the north. There shall not be individual driveway approaches onto Savannah from the single-family area on the west, and only limited shared approaches from the multi -family and neighborhood commercial area on the east side of the road. Savannah Road has been designed and approved by Kalispell Public Works according to collector street standards. No single family lots are being completed as a part of this development and no single family lots are proposed with driveways being served via Savannah Road. This Road extends to the northern property line and includes a temporary cul-de-sac within the BPA easement that can be utilized as snow storage and vehicle turn around. The public works approval letter is included with this submittal. 41. The full frontage of Stillwater Road shall be improved to an urban standard for a minor arterial from the intersection with Four Mile Drive to the northeastern corner of the development. The approach on Stillwater Road shall include a center turn lane. This has been completed as a part of the development or has been bonded for in the included SIA. 42. The frontage of Four Mile Drive shall be improved to a rural standard for a minor arterial. Approaches on Four Mile Drive shall include center turn lanes and standard street intersection requirements (ADA ramps, crosswalks, lighting, etc.). The intersection of Stillwater Road and Four Mile Drive has been installed (or bonded for in the SIA) along with Four Mile drive between Stillwater Road and Savannah Road to these standards. The area west of the intersection of Four Mile Drive and Savannah Road is not being developed as a part of the Phase 2 multifamily development. Design approval from City of Kalispell Public Works is included as a part of this submittal package. 43. The intersection of Stillwater Road and Four Mile Drive shall be improved to provide for left-hand turn lanes on the south and west legs to match the existing left-hand turns on the north and east legs. The intersection shall also include sidewalks. These improvements have been installed or bonded for as a part of this project. 44. On the west side of the western approach onto Four Mile Drive, a pedestrian actuated rapid flashing beacon for a crosswalk needs to be installed with no midblock crossing on Four Mile Drive. Not applicable. The area west of Savannah Road is not being developed as a part of the Phase 2 multifamily development. This will be installed when Four Mile Drive (adjacent to the single family portion of the development) is completed west of the intersection of Savannah Road. 45. Any required additional right-of-way necessary for the improvements shall be dedicated to the City of Kalispell. Additionally, the fee interest in the rights -of -way for Four Mile Drive and Stillwater Road shall be dedicated to the City of Kalispell. Right-of-way for Savannah Road, Stillwater Road, and Four Mile Drive have been dedicated as a part of this development. 46. The interior local streets shown on the proposed plat as Lolo Lane and Kinners Lane would serve as access to the single-family homes and would be constructed to standards for a local street. Not applicduie. njune of the roads serving the single-family roads are being installed as a part of the Phase 2 development. Savannah Road has been installed to collector standards per the previous conditions. 47. Driveway widths shall not exceed ten feet plus the appropriate flares provided in the City of Kalispell Standards for Design and Construction. Not applicable. No single-family driveways are being installed as a part of this development aside from the accesses to the apartments. 48. The name of the interior street shall be modified so that the entire interior road system from the western intersection with Four Mile Drive to the intersection with Savannah Road will be under a single name. Not applicable. The area west of Savannah Road is not being developed as a part of the Phase 2 multifamily development. 49. T-intersections shall include ADA ramps on all legs. All intersections have been designed and constructed with ADA ramps at all legs of intersections. Sincerely, WGM Group, Inc. Benjamin Rankin, P.E. Project Engineer Enclosures: Conditions of approval supporting documentation for Phase 2 Development Services crrY Department Kalispell, MT 59901 1K,A]LISPEIL11, 201 1st Avenue East Phone (406) 758-7940 FINAL PLAT Email: planning(a�kalispell.com Website: www.kalispell.com Project Name Stillwater Crossing Apartments Property Address 430 Stillwater Road NAME OF APPLICANT 430 Stillwater Road, LLC Applicant Phone 509-475-8336 Applicant Address 717 W. Sprague Ave. STE 802 City, State, Zip Spokane, WA, 99201 Applicant Email Address jevans@jcedevelopment.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 (ARCH ITECTIENGINEER) WGM Group Phone 406-756-4848 Address 431 1st Ave. West City, State, Zip Kalispell, MT, 59901 Email Address brankin@wgmgroup.com POINT OF CONTACT FOR REVIEW COMMENTS WGM Group/Ben Rankin Phone 406-210-6213 Address 431 1st Ave West City, State, Zip Kalispell, MT, 59901 Email Address brankin@wgmgroup.com List ALL owners (any individual or other entity with an ownership interest in the property): 430 Stillwater Road, LLC 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. Development Services Department 201 1st Avenue East KAiLii S PELL Kalispell, )7 5 Phone(406)75&7947940 t. Date of Preliminary Plat Approval August 19,2020 2. Type of Subdivision: Residential Industrial Commercial PUDZ Other 3. Total number of lots in Subdivision: 4.Land in Project (acres) 72a 5. Parkland (acres) 6. Number of lots by type: Single Family Com me rciaVIndustria I Townhouse (sublots) 6. Cash -in -lieu $ T. Exempt Multi -Family t Mobile Home RV Park 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 wl 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 & t 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 staffto be present on the property for routine monitoring and inspection during the approval and development process. Date 0501111111 k'11 Y k7 11 KALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 30 days prior to the City Council Meeting) Application Contents: 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 201MB) Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 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 $ 975 DENS Tv EACE ATs ou/Ac WGM GROUP INIII pEss s cos TVP. T www.wamaiauamm a ACE( C PAFTMENT3 A; " 6 FINAL P AN R, IA oK ,63 GARAGES A`,n ,TT s,ALLs PER 6K A�Eo v COMMEFCALIFETA� , 11 ASFes (O DUTA11111 _ ' � � r, A"/'PEN SPACE AFEA A"NNF —111N LNIAl PAID ADS A,", IAIIFINPLNIAI PAID POOR I A" Y, DEVELOPMENT RARE MEN AREA ACRES Lo, SEBAGGS FRONT 'ARD 11 FEET MINIMUM LOT szE. 4,90 EFEETRAP PUBLC FoAD Eo TSF(SINGLE TAML' DEVELOPMENT) A s Q FEET (BOTH soEs> e E, (AOTI ssE3> i� c CUPA o OTTER 124 FEET�HAEAi oEs> tl c O RE' (NORTHFEET ro LANES COLLECTORTOTAL STREET sO AAI s FE CURB BE o 2 FEE, tF°oT,n =DES) k 5 TOTALROW�TTEF soFFEET (EACFSsEs> - - - (Jy/J/'���.,��['` , } o U, Q PRIVATE ROADS(TNROUGNOUTE VUJITI FAMLY): NFEE IMUM �r"J �- O sTORMWATEF MANAGEMENTTRACTS 6ACRES C� TRAN RAP a 1 w Q RAP L EET J v---------------------I� N MorvKMEN naEET ARNs 3�APEAGNEN�,ND ENs e DECEMBER 2021 OF GUARANTEE Issued by Insured Titles 44 4th Street West/P- O- Box 188, Kalispell MT 59901 Title Officer Andrea Reum Phone: (406)755-5028 FAX-- (406)755-3299 File No. 1016005-FT Cover Pa e FS� PMERIfF FirstAmerican Title" Form 5010500 (7-1-14) Guarantee Number: 501055-1016005 Guarantee Face Page Issued By FIRST AMERICAN TITLE INSURANCE COMPANY FirstAmeriean TitleTM First American Title Insurance Company D"ris J. Ginwre. PreskWM -,/� 0-c4J414A Greg L Smith, Swmary This jacket was created electronically and constitutes an original document File No. 1016005-FT Page 2 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 2. 2. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non -judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee GUARANTEE CONDITIONS AND STIPULATIONS DEFINITION OF TERMS. The following terms when used in the Guarantee mean: (a) the "Assured": the parry or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice 3. NO DUTY TO DEFEND OR PROSECUTE. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACTIONS; DUTY OF ASSURED CLAIMANT TO COOPERATE. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of File No. 1016005-FT Page 3 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. S. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third parry, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosection of any litigation for which the Company has exercised its options under Paragraph 4. DETERMINATION AND EXTENT OF LIABILITY. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the File No. 1016005-FT Page 4 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 GUARANTEE CONDITIONS AND STIPULATIONS (Continued) Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 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. 1016005-FT Page 5 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Subdivision Guarantee k• 7 First American Title Guarantee ISSUED BY First American Title Insurance Company GUARANTEE NUMBER 5010500-1016005-FT Subdivision or Proposed Subdivision: Stillwater Crossing - Phases 2 & 3 Order No.: 1016005-FT Reference No.: Fee: $150.00 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY, AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, FIRST AMERICAN TITLE INSURANCE COMPANY, A CORPORATION HEREIN CALLED THE COMPANY GUARANTEES: WGM Group 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: PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 21158, SITUATED, LYING AND BEING IN THE SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: 430 Stillwater Road, LLC, a Montana limited liability company AND Washington Trust Bank (B) Parties holding liens or encumbrances on the title to said lands are: 1. Deed of Trust dated June 21, 2021, to secure an original indebtedness of $29,396,655.00, and any other amounts and/or obligations secured thereby Recorded: August 6, 2021, as Instrument No. 2021-000-27702 Grantor: 430 Stillwater Road, LLC Trustee: Mark C. Prothero, Attorney at Law Beneficiary: Washington Trust Bank Assignment of Rents by instrument recorded August 6, 2021, as Doc. No. 2021-000-27703. 2. Financing Statement covering fixtures Recorded: August 16, 2021, as Doc. No. 2021-000-28584 Debtor: 430 Stillwater Road, LLC Secured Party: Washington Trust Bank. File No. 1016005-FT Page 6 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 3. Notice of Right to Claim a Lien filed by Western Building Center on November 4, 2021, as Doc. No. 2021-000-38678. 4. Notice of the Right to Claim a Lien filed by Matheus Lumber Company, Inc. on November 10, 2021, as Doc. No. 2021-000-39422. (C) Easements, claims of easements and restriction agreements of record are: 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. 6. Taxes and special assessments. 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 First Half / Status Second Half / Status Parcel Number Covers 2021 $2530.00 PAID $2529.95 PAID 0015842 Subject Land 7. Easement for telephones granted to Mountain States Power Company, recorded March 30, 1954, as Instrument No. 1536. 8. Sixty foot declared county roads (Stillwater Road and Four Mile Drive) as shown on available county assessor maps. 9. Easement for communications system granted to American Telephone and Telegraph Company recorded May 4, 1994, as Instrument No. 94-124-09350. 10. Easement for communications system granted to American Telephone and Telegraph Company recorded May 4, 1994, as Instrument No. 94-124-09360. 11. Latecomers Agreement upon the terms, conditions and provisions contained therein: Parties: Owl Corporation and the City of Kalispell Recorded: May 5, 2006, as Doc. No. 2006-125-09030 Amendment to Latecomers Agreement recorded May 18, 2011, as Doc. No. 2011-000-10329. Memorandum of Understanding in connection to above agreement, recorded August 16, 2011, as Doc. No. 2011-000-16731. 12. Resolution No. 5215A by the City of Kalispell for the Starling Growth Policy Amendment filed July 24, 2007, as Doc. No. 2007-000-22049. 13. Resolution No. 5216 by the City of Kalispell for annexation filed August 15, 2007, as Doc. No. 2007- 000-24779. 14. Petition to Annex and Notice of Withdrawal from Rural Fire District filed August 15, 2007, as Doc. No. 2007-000-24780. File No. 1016005-FT Page 7 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 15. Ordinance No. 1618 by the City of Kalispell for zoning change filed April 10, 2009, as Doc. No. 2009- 000-09935. 16. Property Use and Restriction Agreement upon the terms, conditions and provisions contained therein: Parties: Cyncat, Inc., CPG & Associates, Inc., Grosswiler Dairy, Inc. AND Aspen Stillwater Properties, LLC Recorded: November 18, 2014, as Doc. No. 2014-000-23619 (Covers premises and other property) 17. Easement for Road and Utilities granted to City of Kalispell, recorded April 25, 2019 as Doc. No. 2019-000-07623. 18. Reimbursement Agreement upon the terms, conditions and provisions contained therein: Parties: Grosswiler Dairy, Inc., etal Recorded: May 15, 2019, as Doc. No. 2019-000-09099 19. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Survey No. 21158 recorded June 28, 2019, as Instrument No. 2019-000-13249, 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). 20. Irrigation Easement Agreement upon the terms, conditions and provisions contained therein: Parties: Grosswiler Dairy, Inc., a/k/a Grosswiler WWEE, LLC, a Montana limited liability company Recorded: June 28, 2019, Instrument No. 2019-000-13250 21. Ordinance No. 1846 by the City of Kalispell for zoning change filed August 21, 2020, as Doc. No. 2020-000-26105. Date of Guarantee: November 18, 2021 at 7:30 A.M. Insured Titles By: Authorized Countersignature File No. 1016005-FT Page 8 of 11 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 ��` Firstllraerican �tleT" —ram L� Privacy Notice Effective: October 1, 2019 Notice Last Updated: January 1, 2021 This Privacy Notice describes how First American Financial Corporation and its subsidiaries and affiliates (together referred to as "First American," "we," "us," or "our' collect, use, store, and share your information. This Privacy Notice applies to information we receive from you offline only, as well as from third parties, when you interact with us and/or use and access our services and products ("Products'. For more information about our privacy practices, including our online practices, please visit https://www.firstam.com/privacy-policy. The practices described in this Privacy Notice are subject to applicable laws in the places in which we operate. What Tvpe of Information Do We Collect About You? We collect a variety of categories of information about you. To learn more about the categories of information we collect, please visit httips://www.firstam.com/lprivacy- policy/. How Do We Collect Your Information? We collect your information: (1) directly from you; (2) automatically when you interact with us; and (3) from third parties, including business parties and affiliates. How Do We Use Your Information? We may use your information in a variety of ways, including but not limited to providing the services you have requested, fulfilling your transactions, comply with relevant laws and our policies, and handling a claim. To learn more about how we may use your information, please visit https://www.firstam.com/privacy-policy/. How Do we Share Your Information? We do not sell your personal information. We only share your information, including to subsidiaries, affiliates, and to unaffiliated third parties: (1) with your consent; (2) in a business transfer; (3) to service providers; and (4) for legal process and protection. To learn more about how we share your information, please visit https://www.firstam.com/privacypolicy/. How Do We Store and Protect your Information? The security of your information is important to us. That is why we take commercially reasonable steps to make sure your information is protected. We use our best efforts to maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your information. How Lona Do We Keep Your Information? We keep your information for as long as necessary in accordance with the purpose for which it was collected, our business needs, and our legal and regulatory obligations. Your Choices We provide you the ability to exercise certain controls and choices regarding our collection, use, storage, and sharing of your information. You can learn more about your choices by visiting https://www.firstam.com/privacy-policy/. International Jurisdictions: Our Products are offered in the United States of America (US), and are subject to US federal, state, and local law. If you are accessing the Products from another country, please be advised that you may be transferring your information to us in the US, and you consent to that transfer and use of your information in accordance with this Privacy Notice. You also agree to abide by the applicable laws of applicable US federal, state, and local laws concerning your use of the Products, and your agreements with us. We may change this Privacy Notice from time to time. Any and all changes to this Privacy Notice will be reflected on this page, and where appropriate provided in person or by another electronic method. YOUR CONTINUED USE, ACCESS, OR INTERACTION WITH OUR PRODUCTS OR YOUR CONTINUED COMMUNICATIONS WITH US AFTER THIS NOTICE HAS BEEN PROVIDED TO YOU WILL REPRESENT THAT YOU HAVE READ AND UNDERSTOOD THIS PRIVACY NOTICE. Contact us dataprivacy@firstam.com or toll free at 1-866-718-0097. © 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10-PRIVACY20 (12-18-20) Page 1 of 2 1 Privacy Notice (2020 First American Financial Corporation) English FirstAmerican 7-We"' For California Residents If you are a California resident, you may have certain rights under California law, including but not limited to the California Consumer Privacy Act of 2018 ("CCPA'. All phrases used in this section shall have the same meaning as those phrases are used under California law, including the CCPA. Riaht to Know. You have a right to request that we disclose the following information to you: (1) the categories of personal information we have collected about or from you; (2) the categories of sources from which the personal information was collected; (3) the business or commercial purpose for such collection and/or disclosure (4) the categories of third parties with whom we have shared your personal information; and (5) the specific pieces of your personal information we have collected. To submit a verified request for this information, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097. Riaht of Deletion. You also have a right to request that we delete the personal information we have collected from and about you. This right is subject to certain exceptions available under the CCPA and other applicable law. To submit a verified request for deletion, go to our online privacy policy at www.firstam.com/privacy-policy to submit your request or call toll -free at 1-866-718-0097. You may also designate an authorized agent to submit a request on your behalf by going to our online privacy policy at www.firstam.com/privacy-policy to submit your request or by calling toll -free at 1-866-718-0097. Verification Process. For either a request to know or delete, we will verify your identity before responding to your request. To verify your identity, we will generally match the identifying information provided in your request with the information we have on file about you. Depending on the sensitivity of the information requested, we may also utilize more stringent verification methods to verify your identity, including but not limited to requesting additional information from you and/or requiring you to sign a declaration under penalty of perjury. Notice of Sale. We do not sell California resident information, nor have we sold California resident information in the past 12 months. We have no actual knowledge of selling the information of minors under the age of 16. Riaht of Non -Discrimination. You have a right to exercise your rights under California law, including under the CCPA, without suffering discrimination. Accordingly, First American will not discriminate against you in any way if you choose to exercise your rights under the CCPA. Notice of Collection. To learn more about the categories of personal information we have collected about California Residents over the last 12 months, please see "What Information Do We Collect About You" in www.firstam.com/privacy-policy. To learn about the sources from which we collected that information, the business and commercial purpose for is collection, and the categories of third parties with whom we have shared that information, please see "How Do We Collect Your Information", "How Do We Use Your Information", and "How Do We Share Your Information" in www.firstam.com/privacy-policy. Notice of Sale. We have not sold the personal information of California residents in the past 12 months. Notice of Disclosure. To learn more about the categories of personal information we may have disclosed about California residents in the past 12 months, please see "How Do We Use Your Information", and "How Do We Share Your Information" in www.firstam.com/privacy-policy. © 2020 First American Financial Corporation and/or its affiliates. All rights reserved. NYSE:FAF Form 10 PRIVACY20 (12-18-20) Page 2 of 2 Privacy Notice (2020 First American Financial Corporation) English t v� lma�. ,V. }I (YQti t cjgb m`OFt q Am C .'9 oO yytijb .p� .p�q .Yp O tyU oRa~�'°'tl$R��ly o�0�4°a�dbO �itlq p �pV �N1t a °+c0g.: ° ,' °�{\�ye�v�.u��oe7a°j� wy9y9gr9�ia�,�y�• pg�ga�p8�°3 E � b8 ��{o, 1a 0i it Qiii NMI .01 'a Ala 9 8a e 9 @$ IAI.I°"IIP 65 �Q$ adSU54 g° 'dtae 9tx\"O� 8EO3� �5 °g $ Vi ~~V '11 gal E3x9a��� ,gg �V gsw 13 ,rm35 EII~$�,'�.8g6 exam, e i 41q �Qa :9�o9�E�.d��� .o.. 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I I alg r^ R vJ I 6 \ m..li` II 9it �Y� J : < jq 3 q3q3 H i�Hit } c 4 c 3 • F 2 R e `� i I `JI IS kg LLl � � gg sae s8 y y JI 8@ bi pH `\'Jig 0 o C • f Y Y�� F P LU o z t b @g•� grYQK ]� flil"1e�� �Q31 ■�YI� X� ✓�� [ 5 L � [ o a a e r r Y I j c e LU 9% a CL cc 3� L�] s� W�yyg1gy� �offSc Consent to Platting and Dedication: Pursuant to 76-3-612, M.C.A, the undersigned Washington Trust Bank, Beneficiary under that certain Deed of Trust identified as follows: Date: June 21, 2021 Grantor 430 Stillwater Road, LLC ocument Number: # 2021-000-27702 -- -K-' gtE fly. Awil AIAN6 .J Signature and Title Printed Name an Date Iz%3/7rzI Does hereby join in and consent to the platting of the `allowing described lands located in the City of Kalispell, Flathead County, Montana, which lands are subject to the lien of the above referenced Beneficiary: LEGAL DESCRIPTION: FOR STILLWATER CROSSING PHASES 2 & 3 A TRACT OF LAND BEING A PORTION OF TRACT 1 OF CERTIFICATE OF SURVEY NO. 21158, ON FILE AND OF PUBLIC RECORD IN FLATHEAD COUNTY, MONTANA; LOCATED IN THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 29 NORTH, RANGE 22 WEST, PRINCIPAL MERIDIAN, MONTANA; MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT SOUTHEAST CORNER OF SAID TRACT 1, ALSO BEING THI_ SOUTHEAST CORNER OF SAID SECTION 35; THENCE N 86°30'04" W ALONG THE SOUTHERLY LINE OF SAID SECTION 35, 494.12 FEET; THENCE N 03°31'41" E, 436.76 FEET TO A POINT ON A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 425.00 FEET; THENCE NORTHWESTERLY ALONG SAID TANGENT CURVE THROUGH A CENTRAL ANGLE OF 32°17'48", AN ARC LENGTH OF 239.57 FEET; THENCE N 28°46'07" W, 269.12 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID TRACT 1; THENCE N 61°13'53" E ALONG SAID NORTHWESTERLY I..INE, 779.60 FEET TO THE MOST NORTHERLY CORNER OF SAID TRACT 1; THENCE ALONG THE EASTERLY BOUNDARY OF SAID TRACT 1 THE FOLLOWING FIVE (5) COURSES: 1) S 03°19'25" W, 814.71 FEET; 2) N 86°40'35" W, 40.00 FEET; 3) S 03°19'25" W, 80.00 FEET; 4) S 86°40'35" E, 80.00 FEET; 5) S 03°"9'25" W, 413.05 FEET TO THE POINT OF BEGINNING; CONTAINING 13.55 ACRES, MORI.. OR LESS; BEING SURVEYED AND MONUMENTED ACCORDING TO THIS PLAT. Acknowledgement * * * * * This instrument was acknowledged before me on this It day of �2021 By J Li L , (Y) , � (- i---- (Notary Seal) No ary Signature Residing at: 06- Notary Public State of Washington I My commission expires:/a3 Kelli L Miller — Commission No. 30607 Commission Expires 09-23-25 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: 430 Stillwater Road, LLC DATE: 11/22/2021 DESCP : Stillwater Crosing Ph 2 & 3 PURPOSE: Subdivision Tr4B 35-29-22 YEARS ASSESSOR # 2019 _ 0309915 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. DEC 0 6 2021 Deputy Tr urer (seal) 4"VAWGMGROUP Community Values_ Inspired Futures. December 1, 2021 City of Kalispell Public Works Department Attn: Mark Crowley 201 1st Avenue East Kalispell, MT 59901 Re: Stillwater Crossing Apartments Partial 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 Stillwater Crossing Apartments development have been completed and tested in substantial conformity with the approved WGM Group, Inc. construction plans and specifications dated 5/12/21 and approved construction modifications. There are no deviations from the design standards other than those previously approved by the department. Please note that this certification does not include the storm mains and basins outside of the highlighted areas shown on the attached plan sheets. These will be certified at a later date and included with other project closeout documents. The construction of these items has been included in the SIA bond. 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. Any items that have not been completed (curb and gutter, catch basins, etc) and are in located within the City right-of-way have been bonded for until they will be installed. Another certification will be provided once all items have been installed. 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(c)wgmgroup.com. Sincerely, WGM Group, Inc. 134��W� A 1z'4L Benjamin J. Rankin, PE PROJECT ENGINEER 431 1s'Avenue West, Kalispell, MT 59901 I OFFICE 406.756.4848 1 EMAIL wgm@wgmgroup.com KEYED NOTES. Qi 9E Snvulx�x xOle SNix uux SxF£R .15-16 Q] SFE -u Qi SFE x u�H I ax1 x xax sl.> T - LE -ND -STING, 1-11 MINE -1< .ab. o" �. �� �tiR Y LEGEND -PROPOSED �� OEIIEMENI PT T Ex rK T ITTEI ; \ TIIIT 1Ex EL TIIC l m. I I LOi 84 O III Hill 11 V WGM GROUP ao ., _ 7v RELEASED FOR CONSTRUCTION F— Z LU D_ 0- a J Q J z Q w 0 O z w U 0 D- } LJJ J C() Q LU CO o co co AGENCY USE ONLY PERMIT NO.: Date Rec'd.: Amount Rec'd.: Check No.: Rec'd By: DE Montana Department of Environmental Quality WATER PROTECTION BUREAU FORM Storm Water Pollution Prevention Plan (SWPPP) Form SWPPP Storm Water Discharge Associated With Construction Activity 2018 MTR100000 READ THIS BEFORE COMPLETING FORM: The Form SWPPP is intended to assist operators in developing a SWPPP which complies with Part 3 of the General Permit for Storm Water Discharges Associated with Construction Activity (General Permit). It is the permittee's responsibility to ensure all required items in the General Permit are adequately addressed and that the SWPPP is developed, implemented, and maintained. Additional information may be needed to supplement the Form SWPPP. For additional information, please call: (406) 444-3080 or visit: hLtp:Hdeq.mt.gov/wqinfo/mpdes/stonnwaterconstruction.mcpx Section A - SWPPP Status: (Check one) ■❑ New No prior SWPPP submitted for this site. ❑Modification Permit Number: MTRI O _ (Please specify these four numbers) Section B - Facility or Site Information: Site Name Stillwater Crossing Apartments Site Locationlntersection of Stillwater Road and 4 Mile Drive Nearest City or Town Kalispell County Flathead Section C - Applicant (Owner/Operator) Information: Owner or Operator Name Sandry Construction Co. Inc. Mailing Address PO Box 507 City, State, and Zip Code Bigfork, MT 59911 Phone Number 752-2419 Section D SWPPP Preparer and SWPPP Administrator SWPPP Preparer: Name or Position Title Mitchell Hill Mailing Address PO Box 507 City, State, and Zip Code Bigfork Phone Number 752-2419 Email mitch (aD-sandryconstruction.com Training Course SWPPP Administration Certification PrograrrDate Completed 10-29-2019 Final Permit: 2018-2022 Form SWPPP Page 1 of 10 Primary SWPPP Administrator: 0 Same as above Name or Position Title _ Mailing Address City, State, and Zip Code Phone Number Training Course Secondary SWPPP Administrator: Name or Position Title Mailing Address City, State, and Zip Code Phone Number Training Course Email Email Date Completed Date Completed Section E — Site Description (Part 3.3) 1. Describe the nature of the construction activity and what is being constructed. New subdivision with underground utilities, roadwork, asphalt, and concrete 2. Describe all support activities and associated storm water discharges dedicated to the construction activity including but not limited to: material borrow areas, material fill areas, concrete or asphalt batch plants, equipment staging areas, access roads/corridors, material storage areas, and material crushing/recycling /processing areas. All aggregate, asphalt, concrete will be imported from an offsite source. Storage Areas are delineated on Site Map 3. Provide an estimate of the total area of the site, and an estimate of the area of the site expected to undergo construction -related disturbance (including all construction -related support activities). Total Site Area (acres): 25 Area of Construction -Related Disturbance (acres): 24 4. Describe the character and erodibility of soil(s) and other earth material to be disturbed at the site, including cut/fill material to be used. The current site conditions are undisturbed ground surrounded by City of Kalispell main road and farm fields to the north. On site material is good gravel with sandy loam. The erodibility and grade of the site will allow for minimal erodibility. Final Permit: 2018-2022 Form SWPPP Page 2 of 10 5. Provide a brief description of the existing vegetation at the site and an estimate of the percent density of vegetative ground cover. Current site is covered with native grass and has 90% density Specify Percent Density of Existing Vegetation: 90% 6. For a storm water discharge associated with construction activity with construction -related disturbance of five acres or more of total land area (based on the acreage provided in item E.3 above): a. Provide an estimate of the runoff coefficient of the site, both before and after construction, and describe what supporting information this determination is based upon: Runoff coefficient before construction: Runoff coefficient after construction: Supporting Information Source: b. Provide an estimate of the increase in impervious area after the construction activity is completed: Percent. 7. In the Outfall table below, identify the name(s) of the first state surface water(s) that receives storm water from the construction project. Provide a description of the size, type, location of each outfall, and if the discharge is to a storm sewer system. To properly identify the state receiving water, locate the drainage(s) into which the construction project discharges. If additional outfalls are applicable, please include an attachment. Outfall Receiving Surface Water Size of Drainage Area Type of Latitude and Longitude of Discharge to Number Associated with Discharge Outfall Municipal Storm each Outfall Sewer System 001 Spring Creek P 9 25 O sheet O Concentrated 48.215976,-114.366145 Yes No O O 002 0 Sheet O Concentrated Yes No 003 Q Sheet Yes O O Concentrated J No 004 O Sheet O Concentrated 0 Yes 0 No 005 O Sheet O Concentrated O Yes O No 006 O Sheet O Concentrated O Yes O No 007 O Sheet O Yes O No O Concentrated 008 O Sheet O Yes O No O Concentrated 009 O Sheet O Concentrated O Yes No 010 O Sheet O Concentrated O Yes No a. List the impaired receiving surface waters from the table above. Spring Creek Final Permit: 2018-2022 Form SWPPP Page 3 of 10 Section F — Identification and Summary of Potential Pollutant Sources (Part 3.4) Select the pollutants expected to be present on the construction project: Soils *Areas of Shallow Grade ❑Areas of Steep Grade ❑ Slopes * Ditch * Stockpiles ❑ Contaminated Soils D Import and Export Operations *Entrance / Exit Locations ❑ Other Explain Materials * Loading and Unloading Operations ❑ Storage of building materials ❑ Storage of chemicals *Portable Toilets El Concrete Batch Plant El Asphalt Batch Plant *Worker Trash ❑ Demolition Materials / Debris ❑ Other Explain Activities ❑ Concrete Truck Washout ❑Masonry - Stone / Brick / Concrete ❑ Spray / Wand Applications El Finish Work — Dry wall / Painting El Equipment Washing ❑ Washing of Buildings *Maintenance of Equipment *Refueling Operations ❑Application of herbicides, pesticides, fertilizers El Application of solvents or detergents ❑ Construction Dewatering ❑ Other Explain Additional Pollutants List any additional pollutants likely to be present at the construction project. Non -Storm Water Discharges Select the types of allowable non -storm water discharges likely to be present at the construction project. Type of Allowable Non -Storm Water Discharge Present at Construction Project Irrigation Drainage 0 Yes ' No Landscape Watering Yes ` No Pavement Wash Waters Yes ' No Routine Building Wash Down Yes ` No Uncontaminated spring or ground water Yes 0 No Water used for dust control • Yes 0 No Emergency fire -fighting activities Yes ` No Foundation or footing drains U Yes ' No Incidental windblown mist from cooling towers Yes ' No Uncontaminated condensate from air conditioners, coolers, or other compressors Yes ' No Other Explain 0 Yes 0 No Final Permit: 2018-2022 Form SWPPP Page 4 of 10 Section G — Selection of Best Management Practices (BMPs) (Part 3.5) Select the BMPs to be used during the construction project. All selected BMPs are required to have a specification provided in the SWPPP. The specifications do not have to be submitted to DEQ. The specifications are required to be maintained by the SWPPP Administrator(s) and provided to DEQ, EPA, or other local permitting authority upon request. Erosion Control BMPs * Surface Roughening El Diversion Ditches * Velocity Checks / Check Dams *Preservation of Existing Vegetation *Minimizing Ground Disturbance El Mulch — Straw / Compost OTackifiers / Soil Binders *Temporary Seeding El Erosion Control Blankets El Rough Cut Street Controls / Water Bars ❑ Channel Liner ❑ Stream Crossing ❑ Terracing * Culvert * Outfall / Outlet Protection (Rip Rap) ❑ Other Run On / Runoff Control BMPs ❑ Temporary Slope Drain ❑ Rock Run Down ❑ Clean Water Diversion El Drainage Swales ❑ Other Sediment Control BMPs ❑ Silt Fence M Straw Wattles El Rock Wattles / Rock Socks ❑ Curb Socks ❑ Straw Bales * Earthen Berms *Vegetative Buffers ❑ Drainage Ditch / Ditch Berm ❑ Gravel Pack ❑Tarps, Plastic, Visqueen El Compost Socks ❑Brush Barrier ❑ Sandbag Barrier MInlet Protection * Vehicle Tracking Control Pad ❑ Stabilized Vehicle Entrance ❑ Stabilized Parking Area ❑ Stabilized Construction Roadway *Street Sweeping ❑ Sediment Trap ❑ Sediment Basin ❑ Other Additional BMPs List any additional BMPs likely to be used at the construction project. Administrative Controls El Concrete and Liquid Waste Washouts *Worker Toilets ❑ Construction Fencing *Dust Control ❑ Secondary Containment *Dumpsters / Waste Receptacles *Stabilized Staging Area *Material Storage and Stockpile Area ❑ Paving and Painting Controls ❑ Saw Cutting and Grinding Controls ❑ Spill Prevention and Response Procedures ❑ Traffic Control ❑Back Charging / Penalties ❑ Other Post Construction BMPs ❑ Detention Pond(s) *Retention Pond(s) *Drainage Swales ❑ Infiltration System(s) El Dry Well(s) ❑ Other Final Permit: 2018-2022 Form SWPPP Page 5 of 10 Local Erosion and Sediment Controls Describe applicable local erosion and sediment control requirements. City of Kalispell SWPPP Dewatering Activities (Part 3.6) Describe dewatering activities associated with the construction project. Identify the BMPs to be used to control dewatering activities and prevent discharges to state waters. If a separate authorization is obtained under the Construction Dewatering General Permit, include the dewatering plan with the SWPPP. None ❑ Dewatering activities will be controlled on -site with no discharge to state waters. Provide a description of BMPs to be used to control dewatering activities on -site. ❑Separate authorization obtained under the Construction Dewatering General Permit. MPDES Permit Authorization Number: MTG07 El Dewatering plan is attached to the SWPPP for the separate authorization. Final Permit: 2018-2022 Form SWPPP Page 6 of 10 Section H: Major Construction Activity and BMP Phasing (Part 3.7) Identify the total number of major construction activities associated with the project: Complete the table below by listing the major construction activities in the top row. List the selected BMPs to be used for the construction project in the first column. Select the box in the row and column that will represent when the BMP will be used for each major construction activity. For additional major construction activities and BMPs, complete another sheet using this page. Major Construction Activity BMPs Site Erosion Control Setup Site Clearing and Grubbing Earthwork Utility Installation Road Work and Hard Surfacing Final Cleanup and Seeding Straw Wattle 0 0 0 0 0 0 ❑ Vegetative Buffers ❑✓ ❑✓ ❑✓ ❑✓ ❑✓ ❑✓ ❑ Street Sweeping ❑ ❑✓ ❑✓ ✓❑ ❑✓ ❑✓ ❑ Dust Control ❑ 0 0 0 0 0 ❑ Tracking Pad 0 0 0 0 0 ❑ ❑ Surface Roughening ❑ ❑ ❑✓ ❑✓ I ❑✓ ❑✓ ❑ Tackifiers ❑ ❑ ❑ ❑I ❑ o ❑ Seeding ❑ ❑ ❑ ❑ ❑ o ❑ Check Dams ❑ ❑ ❑ ❑ 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Major Construction Activity Schedule (Part 3.7) List the major construction activities identified in the table above and provide an estimated timeframe for each major construction activity. For each major construction activity, identify all construction activities that will occur during the proposed major construction activity. Site Erosion Control Setup-1 week Site Clearing and Grubbing-2 week Earthwork-6 weeks Utility Installation-6 weeks Road Work and Hard Surfacing-6 weeks Final Cleanup and Seeding-1 week Section I — Final Stabilization (Part 3.8) Identify the BMPs that will be used to achieve final stabilization. Information to be included is seed mix selection and application methods, soil preparation and amendments, soil stabilization practices, and any temporary BMPs. Site will be landscaped by a landscaping contractor. Section J — Post -Construction Storm Water Management (Part 3.9) Identify BMPs that will be used to control storm water discharges that will occur after the major construction activities are complete. Include a description of applicable local requirements. Landscaping Seeding and Tackifier Straw Wattle Witches Hats Asphalt and Concrete Stormwater Pond Check Dams All installed per the engineers designed plans Final Permit: 2018-2022 Form SWPPP Page 8 of 10 Section K — Site Map (Part 3.10) Develop and attach the required SWPPP site maps and plans with the SWPPP. The site maps or plans must clearly indicate all the required information in Part 3.10 of the General Permit. This means SWPPP site maps must be of sufficient size, scale, and legibility. Section L — Inspection and BMP Maintenance Procedures (Part 3.11) Select the inspection schedule for the construction project: El Once every 7 calendar days D Once every 14 calendar days, and a post -storm event inspection within 24 hours of the end of a rainfall event of 0.25 inches or greater, and/or within 24 hours of runoff from snowmelt. Check one: The rainfall event will be determined by either ® a rain gage on site or Othe following weather service: Wunderground Describe the inspection and maintenance procedures that will be used to maintain all erosion, sediment control, and other BMPs in good and effective operating condition. Identify how changes to the SWPPP will occur per Part 3.12 of the General Permit. If post construction BMPs will be used during major construction activities, include a maintenance plan that will transition the BMP from active construction to post construction. Mitchell Hill will inspect the site every 14 days and perform and inspection on all site activities at the time. Any corrections needed will be noted on the inspection form and completed within 2 working days to correct the BMP's not working correctly. Site inspections will continue monthly once construction is complete until final stabilization is achieved. Section M — Water Quality Controls for Discharges to Impaired Water bodies (Part 2) Describe BMPs that target and reduce discharges of identified pollutants of impairment to impaired waterbodies. The permittee should only describe additional BMPs based on their construction activities pollutant sources. Include any applicable TMDL condition, goal, requirement, implementation intent, or specific controls or requirements as directed by the Department. Their will be inlet and outlet protection placed on all storm drainage inlets and outlets. Ditches on 4 Mile Drive will have check dams. There will be run on and runoff straw wattle placed. Tracking pads will be used for vehicle entrances on and off site. Straw wattle will be placed around culverts. Roads will be swept daily at a minimum and as necessary. Final Permit: 2018-2022 Form SWPPP Page 9 of 10 Section N — Miscellaneous Information Use this space to identify miscellaneous information that is to be included in the SWPPP. Section O - CERTIFICATION Permittee Information: This SWPPP must be completed, signed, and certified as follows: • For a corporation, by a principal officer of at least the level of vice president; • For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or • For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official. Alternatively, this SWPPP may be signed by a duly authorized representative of the person above. A person is a duly authorized representative only if: • The authorization is made in writing by a person described above; • The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity such as the position of plant manager, operator of a well or a well field, superintendent, position of equivalent responsibility, or an individual or position having overall responsibility for environmental matters for the company (a duly authorized representative may thus be either a named individual or any individual occupying a named position); • The written authorization is submitted to the department. All Permittees Must Complete the Following Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5- 633, MCA] A. Name (Type or Print) Mark Sandry B. Title (Type or Print) C. Phone No. President 752-2419 D. Signature E. Date Signed 5/11 /21 The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this form and the applicable fee to: Department of Environmental Quality Water Protection Bureau PO Box 200901 Helena, MT 59620-0901 (406) 444-3080 Final Permit: 2018-2022 Form SWPPP Page 10 of 10 DEAQd4M%1h-%q8 Montana Department of Environmental Quality May 17, 2021 Charles Pisk SANDRY CONSTRUCTION CO INC PO BOX 507 Big Fork, MT 59911 RE: Confirmation Letter, Notice of Intent (NOI) MTR108942, Stillwater Crossing Apartments Effective January 1, 2021 a sign or other form of notice to publicly display confirmation of coverage is required on site. Dear Charles Pisk: 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 May 18, 2021. Your authorization number under the SWC-GP is MTR108942. 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 from out FACTS page at http://deq.mt.gov/Public/FACTS or the MT DEQ website at http://deq.mt.gov/Water/StorrnWater/StorrnSystems. 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 me at (406) 444-0574 or via email catherine.culver@mt.gov. Sincerely, en- a,u Cathy Culver Data Control Tech Montana DepartmentAQM, of Environmental Quality May 21, 2021 Mr. Benjamin Rankin, P.E. WGM Group, Inc. 431 1" Avenue West Kalispell, MT 59901 RE: Stillwater Crossing Apartments Flathead County E.Q. #21-1722 Dear Mr. Rankin: The plans and supplemental information relating to the water supply, sewage, solid waste disposal, and storm drainage (if any) for the above referenced division of land have been reviewed as required by ARM Title 17 Chapter 36(101-805) and have been found to be in compliance with those rules. Two copies of the Certificate of Subdivision Plat Approval are enclosed. The original is to be filed at the office of the county clerk and recorder. The duplicate is for your personal records. Development of the approved subdivision may require coverage under the Department's General Permit for Storm Water Discharges Associated with Construction Activity, if your development has construction -related disturbance of one or more acre. If so, please contact the Storm Water Program at (406) 444-3080 for more information or visit the Department's storm water construction website at hit ,/Iwww.de .state.mt.uslw info/MPQ ES/StormwaterConstruction.asp. Failure to obtain this permit (if required) prior to development can result in significant penalties. In addition our project maybe sub'ect to Federal regulations relating to Class V in'ection wells. Please contact the United States Environmental Protection Agency regarding s cific rules that may a12121y. Your copy is to inform you of the conditions of the approval. Please note that you have specific responsibilities according to the plat approval statement primarily with regard to informing any new owner as to any conditions that have been imposed. If you have any questions, please contact this office. Sincerely, D� Kevin 9Jm ith Engineering Bureau Chief AKP cc: County Sanitarian County Planning Board (e-mail) Owner Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov STATE OF MONTANA DEPARTMENT OF ENVIRONMENTAL QUALITY CERTIFICATE OF SUBDIVISION PLAT APPROVAL (Section 76-4-101 et seq.) TO: County Clerk and Recorder E.Q. #21-1808 Flathead County Bozeman, Montana THIS IS TO CERTIFY THAT the plans and supplemental information relating to the subdivision known as STILLWATER CROSSING APARTMENTS A tract of land situated in the Southeast corner Section 35, Township 29 North, Range 22 West of P.M.M., Flathead County, Montana, being a portion of Tract 1 of COS 21158, on file and of record in Flathead County, Montana, consisting of one lot (Lot 85) having been reviewed by personnel of the Water Quality Division, and, THAT the documents and data required by ARM Chapter 17 Section 36 have been submitted and found to be in compliance therewith, and, THAT the approval of the Plat is made with the understanding that the following conditions shall be met: THAT the lot sizes as indicated on the Plat to be filed with the county clerk and recorder will not be further altered without approval, and, THAT Lot 85 shall be used for seven (7) apartment buildings consisting of (192) apartment units and one clubhouse, and, THAT the water supply shall be provided through service connections to the City of Kalispell (PWS ID# MT0000259) as shown on the approved plan sheets, and, THAT wastewater collection and treatment shall be provided by service connections to the City of Kalispell as shown on the approved plan sheets, and, THAT the water main extension shall be constructed in accordance with the plans submitted by Benjamin J. Rankin, PE#41791, of WGM Group, received by the Department on April 21, 2021, and approved under EQ #21-1722, and, THAT the sewer main extension shall be constructed in accordance with the plans submitted by Benjamin J. Rankin, PE#41791, of WGM Group, received by the Department on April 21, 2021, and approved under EQ #21-1722, and, THAT the consecutive connection sewer main extension located within the interior of Lot 85 (outside of the public right of way) shall be constructed in accordance with the plans submitted by Benjamin J. Rankin, PE#41791, of WGM Group, received by the Department on April 21, 2021, and approved under EQ #21-2357, and, Page 2 of 5 Stillwater Crossing Apartments Flathead County, Montana E.Q. # 21-1808 THAT wastewater sewer mains located within the interior of Lot 85 (outside of the public right of way) shall be maintained by the lot owner, and, THAT the City of Kalispell has reviewed and approved the stormwater facilities shown on the plans pursuant to ARM 17.36.310(5), and, THAT water supply systems, sewage treatment systems and storm drainage systems will be located as shown on the approved plans, and, THAT the developer and/or owner of record shall provide the purchaseL2f propeq with a copy of the Plat, a roved location of water supply, sews a treatments stem and storm drainage structures as shown on the attached lot la out and a coy of this document. and THAT instruments of transfer for this property shall contain reference to these conditions, and, THAT plans and specifications for any proposed sewage treatment systems will be reviewed and approved by the county health department and will comply with local regulations and ARM, Title 17, Chapter 36, Subchapters 3 and 9, before construction is started. THAT departure from any criteria set forth in the approved plans and specifications and Title 17, Chapter 36, Sub -Chapters 1, 3, and 6 ARM when erecting a structure and appurtenant facilities in said subdivision without Department approval, is grounds for injunction by the Department of Environmental Quality. Pursuant to Section 76-4-122 (2)(a), MCA, a person must obtain the approval of both the State under Title 76, Chapter 4, MCA, and local board of health under section 50-2-116(1)(i), before filing a Plat with the county clerk and recorder. YOU ARE REQUESTED to record this certificate by attaching it to the Plat filed in your office as required by law. DATED this 21 st day of May, 2021. Chris Don-ington DIRECTOR By: lunLL`V1. Q 4 Kevin Smith PE, Bureau hief Engineering Bureau Water Quality Division Department of Environmental Quality Owner's Name: 430 Stillwater Road LLC LEGEND, EXISTLEGEND PE POSED Cat. eg • 2 R u cruxi+ umRarva r—J - ". `�I`/.+ p� ROL aawwcroa^nEvarstli6 c51 axCw .cueEnc _ nax pNTA`\\\\1111111111111//%ry",/ �N ANKUIN M9' No1,�PE s APPROVED Montana Department of " Environmental Quality p/ppI1111M\\I \ U) LOT 851i # Z1-1C,g \ Z I I LU I— tlx a \ W 0- _ y d I� O 1wA z aos z,c�etv.r� U) Q ;, tl a.NoaEo ♦I j Z 6 \ AIRa6202ii t(' O CYTNIi4.W4 _ OfNs �\ �Ilo#a stares r wusg 'mednu c� w O i— I y re N 1 unuiY casri.+Exi - \ wo —m�.I asEx� EASEMENT _ uux Exhn rz�ww.a —� al �ry SnNG NNwnaN wsu. � \ m bll` I I'I i - x—EMig , N. i "IT +o me cn0 sEr.+o un.v ue >scMEN L_� I _—__ _ _ _ ___ _______ ___ � c _ _ _ _ ,! -- --------- _ - APRIL8,2021 — 1 OF 3 uce�.¢ss.xu� a, ,• _ r rx.r �,�,v . o,un r. . canm cries s'xsD a� •."rrr:a �>ac,oa p�Pary�r.fs .�xf.x „" ��.o�,E CF �Mx. porn rn 1-I,1f11 .ro s.srau2 uawrx iW f cnlgv.. ,w< „,<„oco 1 sr To APPROVED unx x s Montana Department of eono Environmental Quality wcx wrnx �y .v,.1 ��^•� I�I�:�o�1 i Exrzxs,ox Revl er V Date = W ,x -.. o. . L, IT aG LEGEND EMSTING LEGEND PROPQSED x A _ xmfu r,xiiirw _ �7a„ WGM k"$ ,vwwvu�aWo�, N. r `tµlNN TA b 4 B JAMINJ. RANKIN :'� � vA No. 1 PE • w; NAUNM U) zL LU < LU LL Q i ' w O U) H \ _ ry z ct"t-vi u� c.3 O x \, APR 16 2021 Z) w 1MT` 6Q PUBLIC A Q w °�� DD1V[St0�1+fS i r rr QM,Montana Department of Environmental Quality May 21, 2021 Mr. Benjamin Rankin, P.E. WGM Group, Inc. 431 V Avenue West Kalispell, MT 59901 RE: Stillwater Crossing Apartments, Water and Sewer Main Extensions; EQ#21-1722 Dear Mr. Rankin: The design report, plans, referenced specifications and supporting information for the Stillwater Crossing Apartments, Water and Sewer Main Extensions project were received on January 25, 2021. The design documents were submitted under the seal of Benjamin J. Rankin, PE#41791. Payment was received on March 1, 2021. Additional information was received on April 15, 2021. Additional information was requested by the Department and received on April 21, 2021. The submittal was reviewed in accordance with Department of Environmental Quality design standards in Circular DEQ-1, 2018 edition and Circular DEQ-2, 2018 edition. The project consists of the installation of approximately: 1,764 lineal feet of 8-inch and 969 lineal feet of 12-inch C900 DR18 Class 235 PVC water main and 3,097 lineal feet of 18-inch and 1,037 lineal feet of 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. Plans and referenced specifications for the Stillwater Crossing Apartments, Water and Sewer Main Extensions Project are hereby approved. One copy of the plans bearing the approval stamp of the Department of Environmental Quality is enclosed. A second set will be retained for Department record. The third set will be provided to the Flathead County Health Department. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the Department for review 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. Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov RE: Stillwater Crossing Apartments, Water and Sewer Main Extensions; EQ#21-1722 May 21, 2021 Page 2 It is further understood that construction of this project must be completed within three years of this approval date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. Department approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to, electrical work, architecture, site grading or water and sewer service connections. Thank you for your efforts regarding this submittal. If you have any further questions or concerns, please feel free to contact me at (406) 595-0491 or ang_ela.pugh@mt.gov. Sincerely, Angela K. Pugh, PE DEQ Engineering Bureau Public Water & Subdivision Section Enclosures: One set of approved plans cc: Flathead County Health Department 430 Stillwater Road, LLC, 717 W. Sprague Avenue, Suite 802, Spokane WA, 99201 File: EQ#21-1722 Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov STILLWATER CROSSING APARTMENTS N "A 1? APR 2 3 Ml KALISPELL, MONTANA WPml�oup PIT [)'f AC WATf 11 V,'SIONS SHEET LIST 42 FOR CITY REVIEW WX M� �A 22+0D TO 2- e ; ��� �� a v 8e a 1� -1— SlA+ 7*00 T� 11�50 —1— A— - �11— z LU 12 RE - — A 1— 10 t DE• C > m 0 < CL. D < 84 EC _A ha 1— 1 11A —1 TS —0 Z bi 11 T. 11— U) z LU It 0 ry z GENERAL NOTES 10 1— . 11... 0 "1 —14 1.-1 1. LU �A Ir L. LIT3. 11.1 1 — WING U-1 —i _j U) T21 T I I 1 41 —A-11 11 A XA..=' 1�'IT1111'11 I.ITI,119" 1-1 46 47 4. R.1 y 1— ITNNII - I—zL- —11. - DITAI. A� cdu T— IEKI I IT7 6-1— VICINITY MAP - KALISPELL 'CECEMBER 11, 2020 T 1 OF 55 AGUNITED STATES POSTAL SERVICE Jason Evans Developer/Contractor Stillwater Crossing Apartments Kalispell 411 Somers Ave. Whitefish, MT 59937 October 11, 2021 Jason - I have reviewed the plat map for the sub -division located on 430 Stillwater Rd. The approved site for installation of the CBU's and Parcel lockers will be in the Club house. The agreed is for 12-16 unit in wall CBU's with 24 Parcel lockers that come with the design of a 16-unit CBU. In - addition, Developer will additionally provide Amazon type parcel lockers that are controlled by the local leasing agent that will accept all parcels that are not able to fit into the existing CBU's. If further development of the adjacent property (Lot 84) is to happen it will be the responsibility of the Developer and or HOA/Leasing Association to purchase additional CBU's and additional Parcel Lockers. (Parcel Locker for every S deliveries is the Domestic Mail Manual and USPS minimum Requirements for New Construction) The CBU Units will be installed prior to the residents moving into their homes. USPS will input the addresses for this project into the AMS system. USPS will NOT retain individual keys for the project and hand out to the new residence will be the responsibility of the leasing association. The USPS will retain ALL Parcel locker keys and will replace them when broken or lost keys. The Leasing association will be charged a fee for lock replacement for residents that have lost their keys. Developer and or HOA will be responsible for the maintenance and replacement of CBU and Parcel locker if destroyed or stolen. This is a condition of my approval so that the customers have a secure Mode of Delivery and will be able to receive mail and parcels and to be added to the Automated Mail System (AMS) that the USPS provides this for address conformation for Local, City, State and Federal Mandates. Consider this letter as approval of the site for US Postal Service Delivery. Respectfully Larry A. Golie r Postmaster 350 N. Meridian RD Kalispell, MT 59901-9998 `�''406-257-9796 ®Lawrence.A.Golie@USPS.GOV FCA Flathead Station 10 U�TEDSTATES LSERME go Mama E "Efficiency is doing things right; Effectiveness is doing the right things. " — Peter Drucker Form 608 Revised 10/2021 File in VvR# DNRC WATER RIGHT OWNERSHIP UPDATE This form is for DNRC record keeping purposes only as required by § 85-2-101(2), MCA. The deed is the legal document transferring the water right. Use a new form for each deed transaction. Mail the completed form and fee to your local water resources office at the address on the next page. Filing Fee $50.00 for 1 water right and $10.00 for each additional right up to a maximum of $300.00. *Make checks payable to DNRC* FOR DEPARTMENT USE ONLY Rec'd By Fee Rec'd $ Payor Refund $ Deposit Receipt # Coder RO# For complete information, see file: Check No. OUID# Date 1. SELLER (Grantor) 430 Stillwater Road LLC Attn: Jason Evans MAILING ADDRESS 717 W. Sprague STE. 802 CITY Spokane STATE WA Zlp99201 PHONE 509-475-8336 EMAIL jevans@jcedevelopment.com 2. BUYER (Grantee) City of Kalispell Attn: Keith Haskins MAILINGADDRESS 201 1st avenue East CITY Kalispell STATE MT ZIP59901 PHONE 406-758-7720 EMAIL Khaskins@kalispell.com 3. CLOSING / CONTACT INFORMATION DATE OF CLOSING: N/A NAME ADDRESS If applicable, provide your file number: PHONE # 4. ATTACH A COPY OF RECORDED DEED(S) OR OTHER DOCUMENT(S) OF CONVEYANCE SHOWING TRANSFER OF THE PROPERTY I WATER RIGHTS FROM THE DNRC RECORD OWNER TO THE CURRENT OWNER. If full chain of conveyance from DNRC record owner to the current / new owner is not attached, the form cannot be processed. 5. LIST ALL WATER RIGHTS THAT REQUIRE UPDATED OWNERSHIP. Attach a list if additional space is needed. *If the buyer did not receive 100% of the seller's interest in the water rights, do not use this form. File Form 641. County Geocode of Property being Transferred Water Right Number Flathead 07-4077-35-4-01-15-0000 76LJ 148686 00 Flathead 07-4077-35-4-01-15-0000 76LJ 148691 00 Flathead 07-4077-35-4-01-15-0000 76LJ 148697 00 Flathead 07-4077-35-4-01-15-0000 76LJ 148701 00 Flathead 07-4077-35-4-01-15-0000 76LJ 1525 00 CITY OF KALISPELL April 15, 2021, Ben Rankin, PE W GM Group 431 1" Ave West Kalispell, MT 59901 Re: Stillwater Crossing Apartments Conditional Engineering Approval Dear Mr. Rankin, The drawings submitted April 13", 2021 for the above project are hereby approved contingent on the following item: • An easement from BPA must be obtained for the temporary cul-de-sac prior to CO for the first building. Three reviews were done for a total cost of $540. This fee will be assessed with the building permit fees. Approval does not relieve you, nor the contractor from designing or constructing this project in accordance with the City Standards currently in effect. If more than 18 months lapse before completing construction, plans and specifications must be resubmitted and approved before construction continues. Any modifications made to these approved plans shall be submitted for review prior to construction. This approval is for the Public Works Department only and not does necessitate full City approval. If additional approvals from other City Departments are required they should continue to be pursued. 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 PDF and DWG electronic record drawings in State Plane Coordinates. We look forward to working with you on this project. Sincerely, Patrick Jentz, PE Engineer 2 cc: Keith Haskins, PE — City Engineer Mark Crowley, — Construction Manager Page 2 of 2 May 19, 2021 Mitchell Hill 200 Basin View Road Bigfork, MT 59911 Re: Approval letter for City Stormwater Management Permit Number SW21-0084 for project site: 430 STILLWATER RD 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 KALISPELL November 23, 2021 Kristine McMahon, PLS — Land Surveyor Mike Brodie, PE — Senior Project Engineer W GM Group 431 1 st Avenue W Kalispell, MT 59901 Re: Stillwater Crossing — Phases 2 and 3 Dear Kristine and Mike, All new infrastructure required for Phases 2 & 3 of Stillwater Crossing has been installed, inspected, tested, and certified in accordance with the City of Kalispell Standards for Design and Construction. Incomplete portions of work have been appropriately bonded for. Condition 18 of the Preliminary Plat conditions is hereby deemed satisfied for Phases 2&3. Work required to mitigate impacts of traffic for Phases 2 & 3, as determined by the Traffic Impact Study completed for the project, has either been completed or bonded for. Condition 19 of the Preliminary Plat conditions is hereby deemed satisfied for Phases 2 &3. The Final Plat for Stillwater Crossing, Phases 2 & 3 has been reviewed by the Department of Public Works to ensure conformance with the City of Kalispell Standards for Design and Construction for required easements and right-of-ways. All required easement and right-of-ways required for Phases 2 & 3 have been determined to be acceptable. Condition 20 of the Preliminary Plat conditions is hereby deemed satisfied for Phases 2 & 3. Sincerely, Keith Hins. PE 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 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Stillwater Crossing Dear PJ: Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 This letter is to serve as approval on the proposed landscaping plans for Stillwater Crossing phase 2, per plans submitted by WGM on October 20, 2021. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for Stillwater Crossing. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 t/4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Rock in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized by our department prior to installation. Each subsequent phase will require a detailed landscape plan to be approved including all recreational amenities. Prior to each phase being constructed, a detailed landscape and irrigation plan will need to be submitted to Kalispell Parks and Recreation for approval. The recreational amenities for each phase of the project will need to stand alone. Phase I and III specifics will be reviewed once those phases are under review. Phase II was reviewed in conjunction with the building permit as it is multifamily phase. Any additions or revisions will need to be approved prior to installation or removal from the approved plan. Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings, and other amenities at which time any bonding that has been submitted will be released. It should be noted that the trees and landscaping are under a 2-warranty period and should they die within this time frame, the developer will be responsible for replacement. Our warranty period will not begin till our arborists accepts them meeting ISA standards, our landscape ordinance, and our forestry ordinance. If you have any concerns or questions, please give me a call. Sincerely, ld� �— Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation KALISPELL FIRE DEPARTMENT Dan Pearce — Fire Chief PO Box 1997 Jessica Kinzer Assistant Chief ,. 312 First Avenue East C. Lee —Fire Secretary TALI SPELL Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 October 26, 2021 In Regards- Stillwater Crossing Apartment complex at the northwest corner of the intersection of Four Mile Drive and Stillwater Road in Kalispell. Dear WGM Group - This project had a pre -approval from the prior Fire Chief and was constructed based off those plans. You designed and constructed the water and hydrant system based off those plans and therefore I will grant approval. This is your letter of approval from the Kalispell Fire Department. Ideally in the initial plans, I would have requested a hydrant also be placed between building E and F from the water line on Savannah Road toward Road B near that sidewalk. The current hydrant locations if used by a Fire Engine will close roads for use to traffic and incoming resources and require a separate Engine to pump the FDC's off Savannah if a fire emergency occurs, not an ideal situation. Daniel Pearce Fire Chief Kalispell Fire Department -Protecting our community with the highest level ofprofessionahsm. Stillwater Crossing Common Area Management Plan For the purposes of final plat of Stillwater Crossing Apartments Phases 2 and 3 A professional property management company will manage and maintain the lawn, parking, garbage collection and all common areas in general to make sure it is a clean and well -maintained property that is a desirable place to rent and keep tenants happy. An operation and maintenance manual has been created for the maintenance of the privately maintained stormwater facilities. City of Kalispell Public Works has received and approved this manual.