The URL can be used to link to this page

I4. Creekside Commons CUP & Res. 6070, Preliminary PlatKALisPEii. Development Services Department 201 1st Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/plannine REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner SUBJECT: KCU-22-01/KPP-22-03 — Creekside Commons Conditional Use Permit and Preliminary Plat MEETING DATE: May 2, 2022 BACKGROUND: Housing Solutions, Inc, has submitted a request for a conditional use permit for a multi -family residential development and major preliminary plat approval for one additional lot within an existing subdivision. The new lot would contain approximately 1.01 acres to the north of the Gateway Community Center (old Gateway Mall), splitting off a portion of the existing parking lot. The development would include 31 senior housing units which are rent, and income restricted for ages 55 and over, supported by tax credits administered through the Montana Board of Housing. The property is located at 1203 Highway 2 West with the project to be located in the northern portion of the property. The property can be described as Lot IA of Gateway Community Center, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom Parcel A of Glenwood West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. The Kalispell Planning Board held a duly noticed public hearing on April 12, 2022, to consider the request. Staff presented staff report KCU-22-01/KPP-22-03 providing details of the proposal and evaluation. Staff recommended that the Planning Board adopt the staff report as findings of fact and recommend to the Council that the request be granted subject to 13 listed conditions for the conditional use permit and 21 listed conditions for the preliminary plat. No comments were received at the public hearing, other than from the applicant. The public hearing was closed and motions were presented to adopt staff report KZC-22-01/KPP-22-02 as findings of fact and recommend to the Kalispell City Council that the conditional use be approved subject to 13 conditions and the preliminary plat be approved subject to the 21 conditions. Board discussion concluded that the request was appropriate, and the motions were approved on a unanimous vote. RECOMMENDATIONS: CONDITIONAL USE PERMIT: It is recommended that the Kalispell City Council approve a request from Housing Solutions, Inc., for Conditional Use Permit KCU-22-01, a conditional use permit for a multi -family residential development, subject to 13 conditions of approval within the B-2 Zoning District, located at 1203 Highway 2 West and which can be described as Lot IA of Gateway Community Center, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom Parcel A of Glenwood West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. PRELIMINARY PLAT: It is recommended that the Kalispell City Council approve Resolution 6070, a resolution conditionally approving the preliminary plat of Creekside Commons, described as a portion of Lot IA of Gateway Community Center, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom Parcel A of Glenwood West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. FISCAL EFFECTS: There are no anticipated fiscal impacts at this time. ALTERNATIVES: Deny the request. ATTACHMENTS: Conditional Use Permit Resolution 6070 April 12, 2022, Kalispell Planning Board Minutes Staff Report Application Materials & Maps Aimee Brunckhorst, Kalispell City Clerk Retum to: Kalispell City Clerk PO Box 1997 Kalispell, MT 59903 City of Kalispell P. O. Box 1997 Kalispell, Montana 59903-1997 GRANT OF CONDITIONAL USE APPLICANT: Housing Solutions, LLC PO Box 2099 Missoula, MT LEGAL DESCRIPTION: Lot IA of Gateway Community Center, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom Parcel A of Glenwood West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ZONE: B-2, General Business The applicant has applied to the City of Kalispell for a conditional use permit to allow a multi -family residential development with up to 31 Senior Housing units as a conditionally permitted use on property located at 1203 Highway 2 West within the B-2 (General Business) zone. The Kalispell City Planning Board and Zoning Commission, after due and proper notice, on April 12, 2022, held a public hearing on the application, took public comment and recommended that the application be approved subject to thirteen (13) conditions. After reviewing the application, the record, the Kalispell Planning Department report, and after duly considering the matter, the City Council of the City of Kalispell, pursuant to the Kalispell Zoning Ordinance, hereby adopts Kalispell Planning Department Conditional Use Report #KCU-22- 01 as the Council's findings of fact, and issues and grants to the above -described real property a conditional use permit to allow a multi -family residential development with up to 31 Senior Housing units as a conditionally permitted use within the B-2 (General Business) zone, subject to the following conditions: That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 4. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, as well as compliance with other site development standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 5. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall be in substantial compliance with the submitted application and approved by the Parks and Recreation Director prior to issuance of the building permit. 6. A minimum of 500 square feet of land per unit which has recreational value as determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided on -site. 7. 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 City of Kalispell Construction and Design Standards and shall include, but necessarily be limited to, stormwater quality treatment and relocation of existing storm lines. 8. Prior to construction, the developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval, as well as a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 9. Access to the property shall meet fire code as determined by the City of Kalispell Fire Chief. 10. The garbage enclosure shall be sized and placed in a location acceptable to the Kalispell Public Works Department, the Site Development Review Committee, and the Architectural Review Committee. 11. A sidewalk connection from the building to the public right-of-way shall be provided. 12. The water main extension shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to certificate of occupancy, a certification shall be submitted to the Public Works Department stating that the water main has been built and tested as designed and approved. 13. The developer shall submit water 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. Dated this 2nd day of May, 2022. STATE OF MONTANA ss County of Flathead Mark Johnson Mayor On this day of , 2022 before me, a Notary Public, personally appeared Mark Johnson, Mayor of the City of Kalispell, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same on behalf of the City of Kalispell. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal, the day and year first above written. Notary Public, State of Montana RESOLUTION NO. 6070 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF CREEKSIDE COMMONS, DESCRIBED AS LOT 1A OF GATEWAY COMMUNITY CENTER, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA, EXCEPTING THEREFROM PARCEL A OF GLENWOOD WEST, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. WHEREAS, Housing Solutions, LLC, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on April 12, 2022 on the proposal and reviewed Subdivision Report #KPP-22-03 issued by the Kalispell Planning Department; and WHEREAS, the Kalispell City Planning Board and Zoning Commission has recommended approval of the Preliminary Plat of Creekside Commons, subject to certain conditions and recommendations; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of May 2, 2022, reviewed the Kalispell Planning Department Report #KPP-22-03, reviewed the recommendations of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-22-03 are hereby adopted as the Findings of Fact of the city council. SECTION 2. That the application of Housing Solutions, LLC, for approval of the Preliminary Plat of Creekside Commons, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. 4. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. 5. 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 and shall include, but necessarily be limited to, stormwater quality treatment and relocation of existing storm lines. 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, or that drainage will otherwise be addressed as part of the building permit. 6. 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. 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 8. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 9. 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 and shall comply with the fire code. 10. Prior to final plat, the applicant shall demonstrate that the elimination of the parking spaces does not create any zoning issues related to required parking spaces or impact any private parking agreements. 11. The recommendations in the Geotech report prepared by Alpine Geotechnical in February 2022 relative to construction on the site shall be followed. 12. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 13. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevard for Glenwood Drive. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 15. A 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 recreational 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. 16. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 17. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a Special Improvement District for roadway improvements in adjacent areas stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." 18. A property owners' association shall be formed and established to provide for the maintenance of all common areas, access and facilities shared with the adjoining lots. 19. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 20. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 2ND DAY OF MAY, 2022. ATTEST: Judi Funk Deputy City Clerk Mark Johnson Mayor KALISPELL CITY PLANNING BOARD & ZONING COMMISSION MINUTES OF REGULAR MEETING APRIL 12, 2022 CALL TO ORDER AND ROLL The regular meeting of the Kalispell City Planning Board and Zoning CALL Commission was called to order at 6:00 p.m. Board members present were Doug Kauffman (acting President), Rory Young, Joshua Borgardt, Ronalee Skees, George Giavasis and Kurt Vomfell. Chad Graham was absent. PJ Sorensen and Jarod Nygren represented the Kalispell Planning Department. Keith Haskins represented the Public Works Department. APPROVAL OF MINUTES Giavasis moved and Skees seconded a motion to approve the minutes of the March 8, 2022, meeting of the Kalispell City Planning Board and Zoning Commission. VOTE BY ACCLAMATION The motion passed unanimously on a vote of acclamation. HEAR THE PUBLIC None. BOARD MEMBER RECUSED Young recused himself. KA-22-01— KOISTINEN File # KA-22-01 — A request from Ryan Koistinen for annexation and ANNEXATION initial zoning of RA-1 (Residential Apartment) for property located at 1801 and 1823 5t1i Avenue East. The proposal involves two properties that will be subject to a boundary line adjustment (Assessors Tracts 8D and 8KA). The applicant owns Tract 8D/1823 5t1i Avenue East, which is partially in the city. Flathead Electric Cooperative, Inc. owns Tract 8KA, which is also partially in the city. The boundary line adjustment would take approximately 0.256 acres of land from Tract 8KA and add it to Tract 8D. This request would annex the entirety of the expanded Tract 8D into the city with an RA-1 zoning designation, with a total of ■ 0.43 acres to be annexed. The property to be annexed and zoned can be described as A tract of land situated, lying and being in northeast 1/4 of the northwest 1/4 of Section 20, Township 28 North, Range 21 West, P.M., M., City of Kalispell, Flathead County, Montana and being more particularly described as follows: Commencing at the north 1/4 corner of said Section 20; Thence S00°06'49"W, a distance of 27.97 feet to the true Point of Beginning; Thence S00°06'49"W, a distance of 176.47 feet; Thence S76°43'12"W, a distance of 88.75 feet; Thence N13°23'48"W, a distance of 171.63 feet; Thence N76°42'06"E, a distance of 129.97 feet to the Point of Beginning, containing 0.43 acres. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KA-22-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city RA-1 (Residential Apartment) BOARD DISCUSSION None. Kalispell City Planning Board Minutes of the meeting of April 12, 2022 Pagel PUBLIC HEARING Toby McIntosh — Jackola Engineering — 2250 Hwy 93 South — representative for applicant, offered to answer any questions the board may have. MOTION — KZC-22-01 Vomfell moved and Giavasis seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KA-22-01 as findings of fact and recommend to the Kalispell City Council that the property be annexed and the zoning for the entire property be city RA-1 (Residential Apartment). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RESEATED Young re -seated. KZC-22-02 — BLUE DUCK File #KZC-22-02 — A request from John Todd to change the current ZONE CHANGE zoning of properties located at 128 and 130 2nd Street East and certain adjoining properties from RA-2 (Residential Apartment/Office) to B-4 (Central Business). The combined properties (other owners include the City of Kalispell and Villa Normandy, LLC) contain approximately 0.44 acres of land and can be described as Lots 1, 2, and the northern 37.5 feet of Lot 3, Block 57 of Kalispell Original Township, according to the map or plat thereof in the Office of the Clerk and Recorder, Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Report #KZC-22-02. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-22-02 as findings of fact and recommend to the Kalispell City Council that the subject properties currently zoned RA-2 (Residential Apartment/Office) be rezoned to B-4 (Central Business). BOARD DISCUSSION Young inquired about any impacts this zone change may have on the city regarding the parking lot. Staff advised that parking is allowed in either zone so there would be no impact. PUBLIC HEARING None. MOTION Skees moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KZC-22- 02 as findings of fact and recommend to the Kalispell City Council that the subject properties currently zoned RA-2 (Residential Apartment/Office) be rezoned to B-4 (Central Business). BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. KPP-22-03 & KCU-22-01 Files #KPP-22-03 and KCU-22-01 — A request from Housing Solutions, CREEKSIDE COMMONS Inc, for a conditional use permit for a multi -family residential Kalispell City Planning Board Minutes of the meeting of April 12, 2022 Page 12 development and major preliminary plat approval for one additional lot within an existing subdivision. The new lot would contain approximately 1.01 acres. The development would include 31 senior housing units which are rent and income restricted, supported by tax credits administered through the Montana Board of Housing. The property is in a B-2 (General Business) zone at 1203 Highway 2 West (Gateway West Mall) with the project to be located in the northern portion of the property. The property can be described as Lot IA of Gateway Community Center, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom Parcel A of Glenwood West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. STAFF REPORT PJ Sorensen representing the Kalispell Planning Department reviewed Staff Reports #KPP-22-03 & KCU-22-01. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-22-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Creekside Commons be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Borgardt asked about the access on the south end of the property and who would regulate that. Staff advised that since it is currently one of the main accesses into the parking lot currently it is being maintained so this would not impact that access. Rory inquired about the reduced amount of parking spaces that are called out seeing as this is a multi -family use. Staff advised that under the zoning ordinance since this is a senior housing complex there is only I parking space per 2 units required. If the complex ever were to change from senior housing to regular rentals, then more parking would be required. PUBLIC HEARING Alex Burkhalter — Housing Solutions — Missoula, MT — applicant for project, briefly explained the tax credits, land use attached to the tax credits and the 45-year deed restriction. MOTION — KCU-22-01 Vomfell moved and Skees seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KCU-22- 02 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the conditions listed in the staff report. BOARD DISCUSSION Board all agreed that this project is much needed and like to see it happening. Kalispell City Planning Board Minutes of the meeting of April 12, 2022 Page13 ROLL CALL Motion passed unanimously on a roll call vote. MOTION — KPP-22-03 Skees moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-22-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Creekside Commons be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RECUSED Young recused himself. KPP-22-04 File #KPP-22-04 — A request from Stillwater Corporation for KNTC PHASE 5 preliminary plat approval for Kalispell North Town Center Phase 5, a major residential subdivision with 37 lots on approximately 10.6 acres in lots, roads, and common area. The property is zoned R-3 (Residential) with a Planned Unit Development overlay. It is located on the east side of Jefferson Boulevard and can be described as Tract 9-A of the Amended Plat of Block 3 of Kalispell North Town Center, Phase 2, located in the southwest quarter of Section 19, Township 29 North, Range 21 West, P.M, City of Kalispell, Flathead County, Montana. BOARD DISCUSSION None. PUBLIC HEARING None. MOTION Skees moved and Vomfell seconded a motion that the Kalispell City Planning Board and Zoning Commission adopt Staff Report #KPP-22-04 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Kalispell North Town Center Phase 5 be approved subject to the conditions listed in the staff report. BOARD DISCUSSION None. ROLL CALL Motion passed unanimously on a roll call vote. BOARD MEMBER RESEATED Young re -seated. OLD BUSINESS Nygren updated the board on recently approved projects. NEW BUSINESS Sorensen announced that this meeting would be Skees last meeting and Kauffman presented her with a certificate. He also updated the board on the May 10' Planning Board, including a potential zoning text amendment to be proposed by the City relating to the intent of the R-4 zone. ADJOURNMENT The meeting adjourned at approximately 6:45pm. Chad Graham President Kari Barnhart Recording Secretary Kalispell City Planning Board Minutes of the meeting of April 12, 2022 Page 14 APPROVED as submitted/amended: Kalispell City Planning Board Minutes of the meeting of April 12, 2022 Page 15 CREEKSIDE COMMONS CONDITIONAL USE PERMIT — STAFF REPORT #KCU-22-01 REQUEST FOR MAJOR SUBDIVISION - STAFF REPORT #KPP-22-03 KALISPELL PLANNING DEPARTMENT APRIL 6, 2022 A report to the Kalispell City Planning Board and the Kalispell City Council regarding a request from Housing Solutions, Inc, for a conditional use permit for a multi -family residential development and major preliminary plat approval for one additional lot within an existing subdivision. A public hearing has been scheduled before the Planning Board for April 12, 2022, beginning at 6:00 PM in the Kalispell City Council Chambers. The Planning Board will forward a recommendation to the Kalispell City Council for final action. BACKGROUND INFORMATION A request from Housing Solutions, Inc, for a conditional use permit for a multi -family residential development and major preliminary plat approval for one additional lot within an existing subdivision. The new lot would contain approximately 1.01 acres to the north of the Gateway Community Center (old Gateway Mall), splitting off a portion of the existing parking lot. The development would include 31 senior housing units which are rent and income restricted for ages 55 and over, supported by tax credits administered through the Montana Board of Housing. A: Applicant: Housing Solutions, LLC PO Box 2099 Missoula, MT 59806 B: Location: The property is located at 1203 Highway 2 West (Gateway Community Center/Gateway West Mall) with the project to be located in the northern portion of the property. The property can be described as Lot IA of Gateway Community Center, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, excepting therefrom Parcel A of Glenwood West, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. C: Existing Land Use and Zoning: The subject property as a whole contains the old Gateway West Mall, which has been converted to the Gateway Community Center. The Center houses United Way, the Food Bank, and a number of other non-profit entities. Additionally, a portion of the old mall building was converted to TeleTech, which is a technical support call center. The area proposed to be developed is a portion of the northern parking lot. The zoning of the property is B-2 (General Business). The B-2 district "provides for a variety of sales and service establishments to serve both the residents of the area and the traveling public. This district depends on the proximity to major streets and arterials and should be located in business corridors or in islands. This zoning district would typically be found in areas designated as commercial and urban mixed use on the Kalispell Growth Policy Future Land Use Map." Multi -family residential is a conditionally permitted use in the district. D. Size: The subject property is approximately 1.01 acres. E: Adjacent Zoning: North: B-2 East: B-2 South: B-2 West: B-2 F: Adjacent Land Uses: North: Multi -family and single-family residential East: Office/commercial South: Commercial/office West: Multi -family residential; office 2 G: General Land Use Character: The area contains a mixture of different uses as part of one of the primary commercial zones in the city. The subject property itself used to be a retail mall that was converted into the Gateway Community Center. The surrounding area includes retail, offices, restaurants, multi -family residential, the post office, and the fairgrounds. On the north side of Two Mile, just to the north of the proposed use, the commercial character transitions into single-family and townhomes. H: Availability of Public Services and Extension of Services: The property is currently located within the City of Kalispell and all services are available to the property. Provision of services will entail an extension of existing utilities onto the site by the developer. Sewer: City of Kalispell Water: City of Kalispell Refuse: City of Kalispell Electricity: Flathead Electric Cooperative Gas: NorthWestern Energy Telephone: CenturyTel Schools: School District 95 (Peterson Elementary/Glacier High School) Fire: City of Kalispell Police: City of Kalispell EVALUATION OF THE CONDITIONAL USE PERMIT REQUEST This application has been reviewed in accordance with the conditional use review criteria in the Kalispell Zoning Ordinance. A conditional use permit may be granted only if the proposal, as submitted, conforms to all of the following general conditional use permit criteria, as well as to all other applicable criteria that may be requested. The requested conditional use permit would allow a multi -family residential development with up to 31 dwelling units. The units would be in one three-story building and the site would include parking and landscaping. The proposed layout is shown below. w !pj dihd 4 1. Site Suitability: a. Adequate Useable Space: The subject property is approximately 1.01 acres. The majority of the project site is relatively flat with no significant impediments. Design standards in the zoning ordinance would apply setbacks and lot coverage standards, which can be met. Parking design will be reviewed as part of the building permit and site review process to ensure compliance with the zoning ordinance. b. Height, bulk and location of the building: The proposed multi -family project meets the required setbacks and there is no maximum allowed lot coverage applicable in this zone. The B-2 zone also limits the maximum height to 60 feet and the proposed buildings are about 38 feet tall. Verification of all these standards would occur during building permit review and site review. C. Adequate Access: The primary access for the development will be Glenwood Drive, which is an existing city street which connects with the overall transportation system, including Highway 2 located to the south and Two Mile Drive to the north. The development also has a second access through the Gateway parking lot, which connects to Financial Drive and Highway 2. Based on the type of use and projected number of trips generated, a Traffic Impact Study ("TIS") is not required. d. Environmental Constraints: There are no known environmental constraints, such as streams, floodplains, or wetlands on the area of the property proposed for development which could affect the proposed use. 2. Appropriate Design: a. Parking Scheme/Loading: The off-street parking requirement for multi -family dwellings with senior housing units as provided in this situation is one space per two dwelling units. With 31 units, the requirement under the zoning ordinance would be 16. The submitted site plan provides for 39 parking spaces. Site review will review the parking design as part of the building permit process. b. Lighting: Chapter 27.26 of the Kalispell Zoning Ordinance sets standards for all outdoor lighting on commercial or residential structures. Exterior lighting installed in conjunction with the development will be reviewed for compliance with the zoning ordinance during site development review. C. Traffic Circulation: As noted above, the primary access will be from Glenwood Drive with a secondary access through the Gateway parking lot to Financial Drive and Highway 2. On -site traffic circulates through parking facilities that will need to be designed to meet city standards. d. Open Space: There are no specific open space requirements, although open space is provided. Under the zoning ordinance, 500 square feet of land with recreational value per unit or the equivalent value in amenities shall be provided, which would be 5 a total of 0.36 acres. The proposal does not include outdoor amenities and relies on an exercise room on the second floor and a game room on the third floor. The specific plans for the recreational component will be reviewed during the building permit and site review processes. e. Fencin Screenin andscaping: The site plan provides landscaping in regard to parking, buffering, and open space. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a final landscape plan should be submitted along with the building permit. The landscape plan shall be approved by the Parks and Recreation Department as well as the Architectural Review Committee prior to issuance of the building permit. f. Signage: The development shall comply with all of the sign standards as set forth in Chapter 27.22 of the Kalispell Zoning Ordinance. 3. Availability of Public Services/Facilities: a. Police: Police protection will be provided by the Kalispell Police Department. No unusual impacts or needs are anticipated from the project. b. Fire Protection: Fire protection will be provided by the Kalispell Fire Department. Fire hydrant(s) will be located as required by the Fire Chief. There is adequate access to the property from the public road system. The building will be constructed to meet current building and fire safety code standards. Station 61 is approximately 1.2 miles from the subject property giving good response time. C. Water: City water is available and would serve the property. There is an existing main within Glenwood Drive across the front of the property. There would be an extension of the water main to provide for fire protection. The location of the hydrant(s) will be determined by the Fire Chief. The main would be located in an easement that would be south of the newly created lot within the adjacent driving aisle. d. Sewer: There is an existing sewer main within Glenwood Drive that would serve the property. e. Storm Water Drainage: Storm water runoff from the site shall be managed and constructed per the City of Kalispell Standards for Design and Construction. Final design will be approved by Kalispell Public Works Department prior to building permit issuance. The design will need to address stormwater quality treatment and will also involve relocation of existing storm lines within the development site. Prior to receiving a building permit, the developer will also need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. 6 f. Solid Waste: Solid waste pick-up will be provided by the City. The application indicates a screened trash enclosure will be installed along the south property line and accessed by the shared driving aisle. Care should be taken to ensure that the gate does not interfere with traffic in the driving aisle. Prior to building permit issuance, the enclosure will need to be approved by Public Works as well as the Architectural and Site Review Committees. g. Streets: The development would front on Glenwood Drive and would access the street via a shared driveway approach with Gateway Community Center. The street is already developed to the appropriate standard other than the landscape boulevard and trees. No right-of-way improvements are required other than the boulevard and trees, which would involve an alternative design given the existing location of the sidewalk on the curb. h. Sidewalks: The zoning ordinance requires a pedestrian connection to the public sidewalk for multi -family dwellings. A connection to the existing public sidewalk is provided from both the east and west ends of the building. i. Schools: This site is within the boundaries of School District 95. A limited impact to the district may be anticipated from the proposed development depending on the demographics of the residents. On average, 16 students (K-12) would be anticipated from 31 dwelling units, although the actual number in this situation would be much less, possibly none, given the senior living (55 and over) aspect. j. Parks and Recreation: Section 27.34.060 of the Kalispell Zoning Ordinance requires 0.36 acres of land or the equivalent value of improvements as recreational amenities for the 31-unit development based on a ratio of 500 square feet of usable land per dwelling unit. The proposal includes an exercise room on the second floor and a game room on the third floor. The specific plans for the recreational component will be reviewed during the building permit and site review processes. 4. Neighborhood impacts: a. Traffic: Based on the type of use and projected number of trips generated, a Traffic Impact Study ("TIS") is not required. It could be expected that the majority of traffic would access Glenwood Drive, which would then connect to both Two Mile and the traffic light at Meridian to the north as well as Highway 2 to the south. b. Noise and Vibration: The development of the property as multi -family residential will create minimal additional noise and vibration. While any development of the property from vacant land will increase the amount of noise, the expected level would be consistent with the surrounding neighborhood. C. Dust, Glare, and Heat: The use of the property as multi -family residential would not generate any unreasonable dust, glare, and heat other than during construction. 7 d. Smoke, Fumes, Gas, or Odors: The development of the property as multi -family residential will create minimal additional smoke, fumes, gas and odors. Hours of Operation: As the property is proposed for residential use, there will be no hours of operation, although there will be people residing on the premises 24- hours a day. 5. Consideration of historical use patterns and recent changes: The general area is a mix of a wide range of different uses. The subject property itself used to be a retail mall that was converted into the Gateway Community Center. The surrounding area includes retail, offices, restaurants, multi -family residential, the post office, and the fairgrounds. On the north side of Two Mile, just to the north of the proposed use, the commercial character transitions into single-family and townhomes. The proposed development will be a compatible use within the area and will act as a buffer between the residential and commercial properties in the vicinity. 6. Effects on property values: No significant negative impacts on property values are anticipated as a result of the requested conditional use of the property. It can be assumed that property values will increase since city services to the property are being added and the property is currently not developed with any structures. REVIEW AND FINDINGS OF FACT FOR THE MAJOR PRELIMINARY PLAT ('REEK$IDE COMMONS . 6E14G {apRTgN 9�.DT V.OF WlEW.4Y CY"W IRlfY [BRER ® �. .y�...� LOLIiW INTIE EE.N OE HELTON t t. iyyl. RffiW. .lAN. CRYOF INL9PElL MiIEM 004M.Y. Np!*4M Lb r i . «. Y .--------------- *IMEG - A. Effects on Health and Safety: Fire: The property is considered to be at low risk of fire. The building within the subdivision would be constructed in accordance with the International Fire Code and has access which meets city standards. The area to be built upon does not have steep slopes or woody fuels. Hydrants will be placed in compliance with the requirements of the fire code and approved by the Fire Chief. Flooding: The subject property is located entirely outside of the 100-year floodplain per the Flood Insurance Rate Map (panel number 30029C 1805J, effective date November 4, 2015). Access: The primary access to the subdivision will be provided from Glenwood Drive, which is an existing road connecting Highway 2 and Two Mile Drive, by way of an easement providing common access with the Gateway property. The proposed lot would also have access through the Gateway parking lot to Financial Drive and Highway 2. Additionally, it should be noted that the development of this proposed lot would remove current parking associated with the Gateway Community Center and Teletech. There are current parking agreements involving both entities as well as the River Church. Prior to final plat, the applicant should demonstrate that the elimination of the parking spaces does not create any zoning issues related to required parking spaces or impact any private parking agreements. B. Effects on Wildlife and Wildlife Habitat: There are no water features which would provide aquatic or riparian habitat. There also does not appear to be any significant wildlife impacts. The Resources and Analysis Section of the Kalispell Growth Policy includes information from the Montana Department of Fish, Wildlife and Parks relating to deer, elk and moose habitat. As with the majority of the Kalispell area outside of the core downtown, the maps show a whitetail deer density of 5 to 30 per square mile, but no significant elk or moose habitat. C. Effects on the Natural Environment: Topography, Geology and Soils: The overall site is generally flat. There are not any topographic features or slopes that would impact this development. A Geotech report was prepared by Alpine Geotechnical in February 2022. The report contained a number of recommendations relative to construction on the site that should be followed. Surface and Groundwater: This subdivision will be served by public water and sewer thereby minimizing any potential impacts to the groundwater. No surface water creates concerns regarding this development. There is no floodplain in the area or on the property. The Geotech report noted groundwater at depths of 9.3 to I I feet below the surface. Drainage: Roadways will be paved and curb/gutter will channel runoff to designed low points, where storm water will be collected and routed to storm water ponds. Storm water runoff from the site shall be managed and constructed per the City of Kalispell 9 Standards for Design and Construction and storm water management program. Final design will be approved by the Kalispell Public Works Department prior to development. The design will need to address stormwater quality treatment and will also involve relocation of existing storm lines within the development site. The developer will also need to submit a construction storm water management plan to the Public Works Department. This plan will need to show how storm water will be treated and where it will be directed during construction activities. A property owners' association will need to be created for the maintenance of the common access and for storm water management. At the time of final plat, provisions for maintenance of common facilities are to be provided under the subdivision regulations. A waiver of right to protest the creation of a Special Improvement District ("SID") for stormwater maintenance shall be included on the final plat as part of those maintenance provisions. The SID would only be implemented in the event that stormwater facilities are not maintained in a manner consistent with the approved drainage plan. D. Effects on Local Services: Water: Water service to the subdivision will be provided by the City of Kalispell from an existing water main in Glenwood Drive that runs across the full frontage of the property. There would be an extension of the water main to provide for fire protection that would be installed as part of the conditional use permit and building permit. It is not required for the subdivision and the creation of the lot itself. The location of the hydrant(s) will be determined by the Fire Chief. The main would be located in an easement that would be south of the newly created lot within the adjacent driving aisle. The water system will be reviewed and approved by the Kalispell Public Works Department and Kalispell Fire Department as part of the development for compliance with the City of Kalispell Standards for Design and Construction and the Fire Code. There is adequate capacity within the city's water system to accommodate this development. Per the subdivision regulations, any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. Sewer: Sewer service will be provided by the City of Kalispell with an existing sanitary sewer main in Glenwood Drive that runs across the full frontage of the property. No extensions are necessary. There is adequate capacity within the city's sewer system to accommodate this development. Access and Roads: The property fronts Glenwood Drive for the full width of the subdivision. Glenwood is an existing city street which meets the appropriate design standards other than the landscape boulevard and trees. No right-of-way improvements are required other than the boulevard and trees, which would involve an alternative design given the existing location of the sidewalk on the curb. Based on the type of use and projected number of trips generated, a Traffic Impact Study ("TIS") is not required. Section 28.3.25 of the subdivision regulations requires a waiver of the right to protest a Special Improvement District ("SID") for roadway improvements in adjacent areas. On the face of the final plat, there shall be a note stating: "The owners hereby waive the right 10 to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." Schools: The property is within the boundaries of School District 95 (Peterson/Glacier High School). On average, it would be anticipated that there would be about 16 students at full build -out, although it is likely that, in this instance, the number would be much less, possibly zero, due to the senior living (55 or older) nature of the project. Section 76- 3-608(1) of the Montana Code Annotated states that the governing body may not deny approval of a proposed subdivision based solely on the subdivision's impacts on educational services. Police: Police services will be provided by the Kalispell Police Department. The department can adequately provide service to this subdivision. Fire Protection: Fire protection services will be provided by the Kalispell Fire Department. The department can adequately provide service to this development. Additionally, the road network to the subdivision provides adequate access for fire protection. As part of the review of the engineering plans for the subdivision, fire protection, including access, fire flow and hydrant location, will be reviewed. Fire station 61 is located approximately 1.2 miles away providing good response time. Parks and Recreation: For subdivisions involving multi -family dwellings, the amount of parkland/recreational amenities is based on Section 27.34.060 of the Kalispell Zoning Ordinance, which would require 0.36 acres of land or the equivalent value of improvements as recreational amenities for the 31-unit development based on a ratio of 500 square feet of usable land per dwelling unit. The proposal includes an exercise room on the second floor and a game room on the third floor. The specific plans for the recreational component will be reviewed during the building permit and site review processes. Additionally, as part of those plans, a waiver of protest of the creation of a parks maintenance district shall be included on the face of the final plat, which would only be created if necessary if those obligations are not fulfilled. Solid Waste: Solid waste will be handled by the City of Kalispell. There is sufficient capacity within the landfill to accommodate the additional solid waste generated from this subdivision. Medical Services: Ambulance service is available from the fire department and ALERT helicopter service. Kalispell Regional Medical Center is approximately 1.0 miles from the site. E. Effects on Agriculture and agricultural water user facilities: At one point in time, the property may have been used for agricultural purposes, although it has been developed and used as a parking lot for an extended time and is surrounded by urban development. The NRCS classification from 2007 appears to show the property as 11 F: prime farmland if irrigated. Current policies in the Kalispell Growth Policy Plan -It 2035, Chapter 5, Land Use: Natural Environment, state the following: Policy Encourage urban growth only on agriculture lands entirely within the city's annexation policy boundary. By providing a growth area boundary, the city can encourage the extension of city water and sewer service, as well as other city services, which enables more growth to come into the City of Kalispell with higher density. By allowing higher density development within the city's growth policy area, it could reasonably be expected that more farmland could be conserved because the availability of residential and commercial lots within the Kalispell Growth Policy boundary, limiting sprawl/leapfrog development. In this particular case, the land is already located within the city limits and partially developed. Relation to the Growth Policy: The Kalispell Growth Policy Future Land Use Map IAL Kalispell Growth Policy Exhibit designates the subject property as f�..4.... .... iAla../ RII..II D�.Li.. r. I ..1 commercial, which anticipates higher density uses, including multi -family, without specific density limitations. The City of Kalispell Growth Policy Plan -It 2035, Chapter 4A on Housing, encourages a variety of residential development that provides housing for all sectors and income levels within the community. The proposed subdivision can be found to be in compliance with the Kalispell Growth Policy and its goals and policies. G. Compliance with Zoning: The request complies with the B-2 zoning regulations, including minimum lot size and width requirements. H. Compliance with the Kalispell Subdivision Regulations: This request complies with provisions of the Kalispell Subdivision Regulations. 12 RECONIMENDATIONS (1) Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KCU-22-01 as findings of fact and recommend to the Kalispell City Council that the conditional use permit be approved subject to the following conditions: (2) Staff recommends that the Kalispell City Planning Board and Zoning Commission adopt staff report #KPP-22-03 as findings of fact and recommend to the Kalispell City Council that the preliminary plat for Creekside Commons be approved subject to the conditions listed below: CONDITIONS OF APPROVAL (CONDITIONAL USE PERNHT) 1. That commencement of the approved activity must begin within 18 months from the date of authorization or that a continuous good faith effort is made to bring the project to completion. 2. That the development of the site shall be in substantial conformance with the submitted application and architectural/site plan drawings. 3. Architectural renderings are required to be submitted to the Kalispell Architectural Review Committee for review and approval prior to issuance of a building permit. 4. To ensure the traffic flow and access comply with Kalispell Design and Construction Standards, as well as compliance with other site development standards, the development shall receive Site Review Committee approval prior to issuance of the building permit. 5. To ensure the property is fully landscaped and is compatible with the surrounding neighborhood, a landscape plan shall be submitted along with the building permit. The landscape plan shall be in substantial compliance with the submitted application and approved by the Parks and Recreation Director prior to issuance of the building permit. 6. A minimum of 500 square feet of land per unit which has recreational value as determined by the Kalispell Parks and Recreation Director, or recreational amenities equivalent to the fair market value of 500 square feet of land shall be provided on -site. 7. 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 City of Kalispell Construction and Design Standards and shall include, but necessarily be limited to, stormwater quality treatment and relocation of existing storm lines. 8. Prior to construction, the developer shall submit to the Kalispell Public Works Department an erosion/sediment control plan for review and approval, as well as a copy 13 of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. 9. Access to the property shall meet fire code as determined by the City of Kalispell Fire Chief. 10. The garbage enclosure shall be sized and placed in a location acceptable to the Kalispell Public Works Department, the Site Development Review Committee, and the Architectural Review Committee. 11. A sidewalk connection from the building to the public right-of-way shall be provided. 12. The water main extension shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction and in compliance with the city's facilities update and extensions of services plans. The water main extension plans shall be reviewed and approved by the Kalispell Public Works Department. Prior to certificate of occupancy, a certification shall be submitted to the Public Works Department stating that the water main has been built and tested as designed and approved. 13. The developer shall submit water 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. CONDITIONS OF APPROVAL (PRELINUNARY PLAT) 1. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. 3. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. 4. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. 5. 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 and shall include, but necessarily be limited to, stormwater quality treatment and relocation of existing storm lines. 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 14 designed and approved, or that drainage will otherwise be addressed as part of the building permit. 6. 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. 7. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 8. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 9. 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 and shall comply with the fire code. 10. Prior to final plat, the applicant shall demonstrate that the elimination of the parking spaces does not create any zoning issues related to required parking spaces or impact any private parking agreements. 11. The recommendations in the Geotech report prepared by Alpine Geotechnical in February 2022 relative to construction on the site shall be followed. 12. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature 13. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and 15 final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. 14. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevard for Glenwood Drive. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. 15. A 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 recreational 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. 16. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved stormwater facilities. The taxes levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 17. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a Special Improvement District for roadway improvements in adjacent areas stating "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which will specifically benefit this subdivision." 18. A property owners' association shall be formed and established to provide for the maintenance of all common areas, access and facilities shared with the adjoining lots. 19. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. 20. All utilities shall be placed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 16 Development Services crr3r �F Department Kalispell, MT 59901 1K,A11,11SPE1L11, 201 1st Avenue East Phone (406) 758-7940 MAJOR SUBDIVISION PRELIMINARY PLAT Email: planning(a�kalispell.com Website: www.kalispell.com Project Name Creekside Commons Property Address 1203 US Hwy 2 W Kalispell MT NAME OF APPLICANT Housing Solutions, LLC Applicant Phone 406-203-1558 Applicant Address PO Box 2099 City, State, Zip Missoula, MT 59806 Applicant Email Address alex@housing-solutions.org If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Westside CCC, Inc., a Montana Corporation Owner Phone Contact applicant/consultant Owner Address Contact applicant/consultant City, State, Zip Contact applicant/consultant Owner Email Address Contact applicant/consultant CONSULTANT (ARCH ITECTIENGINEER) IMEG Corp. -Anna Vickers Phone 406-721-0142 Address 322 2nd Ave. W. Ste J City, State, Zip Kalispell, MT 59901 Email Address anna.m.vickers@imegcorp.com POINT OF CONTACT FOR REVIEW COMMENTS Anna Vickers Phone 406-721-0142 Address 1817 South Ave. W, Ste A City, State, Zip Missoula, MT 59801 Email Address anna.m.vickers@imegcorp.com List ALL owners (any individual or other entity with an ownership interest in the property): Westside CCC, Inc.; Jobs Now, Inc. d/b/a Montana West Economic Development; Glacier Bank Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): See included legal with Clerk and Recorder approval. AV 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. c:l:'P 1' Uf' KALISPELL GENERAL DESCRIPTION OF SUBDIVISION: Number of lots or rental spaces 31 Total Acreage in lots 1,014 Total Acreage in streets or roads 22579 Total acreage in parks, open spaces andfor common spaces .32257 Total Acreage in subdivision 1.014 Minimum size of lots or spaces 1.014 Maximum size of lots or spaces 1.014 PROPOSED USE(S) AND NUMBER OF ASSOCIATED LOTSlSPACES: Single Family Townhouse Mobile home/RV Park Commercialllndustrial Multi -family 31 I Other APPLICABLE ZONING DESIGNATION & DISTRICT: B-2 Genera! Business ESTIMATE OF MARKET VALUE BEFORE IMPROVEMENTS PROPOSED EROSIONISEDIMENT CONTROL: ARE ANY SUBDIVISION VARIANCES REQUESTED? Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 759-7940 $450,000 Ite Is currently tully paved. Prior to construction a 8VVHHH wiT-Fe—prepared an submitted that complies with Citv of Ka(ISDell and DEQ requirements. No (YES/NO) IF yes please complete a separate subdivision variance application APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 35 days prior to the Planning Board hearing) A pre -application meeting with the planning staff is required, 1 _ Completed preliminary plat application 2. Copy of pre -application meeting form and any required submittals listed on the form 3. One reproducible set of supplemental information, (See appendix A of the Subdivision Regulations) 4. One reduced size copy of the preliminary plat not to exceed 11"x17" in size 5. Electronic copy of the application materials, including the preliminary plat, either copied onto a disk or emailed to planning@kalispeil.com (Please note the maximum file size to email is 20MB) 6, A bona fide legal description of the subject property and a map showing the location and boundaries of the property 'Nate - verify with the Flathead County Clerk & Recorder that the legal description submitted is accurate and recordable- They can be reached at (406) 758-5526. 7, Environmental Assessment (see appendix B in subdivision regulations) if applicable. 8, Application fee based on the schedule below made payable to the City of Kalispell: Major Subdivision S1,000 + $125 per lot Major Subdivision Resubmittal S1,000 for each original lot unchanged add add S10 per lot for each lot re-designedladded add add $125 per lot Mobile Home Parks & Campgrounds 6 more more spaces $1,000 + $250 per space 5 or fewer spaces $400 + $125 per space Amended Preliminary Plat amendment to conditions only $400 base fee re-confgured proposed lots base fee + $40 per lot add additional lots or sublots base fee + 5125 per lot 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 Ataff to be present on the property for routine monitoring and inspection during the approval and development process. 17 7-6 February 10, 2022 City of Kalispell Development Services Planning Department 201 1" Ave. E Kalispell, MT 59901 Re: Creekside Commons Preliminary Plat and Conditional Use Permit To Whom it May Concern, Housing Solutions, LLC is currently undergoing the process of subdividing the northern portion of our property. Housing Solutions, LLC will then be filing a conditional use permit associated with the subdivision. As the owner of the property, Westside CCC, Inc. a Montana Corporation, authorizes the applications of subdivision and conditional use permit to our property. Sincerely, ignaturej �:� __ (Name) 4,5:,c; (Title) - ,_ o �w�wp w 0 O Y ------ _ ------ _ - w tt 2 rv�—v_ry _rv_rv—rvTry IRe,w{o-14 Bli ail9nd.08) z ¢ —' Ip 3AI?JO 400MN31'J /^ W V' U y Z Fw Z = POa M649465 ,--------_--Ot d C U O � - I 0o a �0 lj- a •N•Lu 0 o U a U •` I E I I s ¢w z S o O `r OOLu P 1,€ I F- U u, Oi 2 � ¢ 1 6.5 J m l U \y 6 I I I r s wl _______ _--------------1------- a!_t{! _ (u as'xa,ade� I $ TIA1 ul saueno( to L-i 3AIL10 IHIONVNl3 I I I s I o F G w � ; I I U) Z o0c � C a C z 2 00 m > V 0 mW � Q z� wW a� U o o,Igld 09) 3AI2i0 QOOMN31EJ 10 a,s1 �a s01j w i��l oW aow I I I al a2a I O `I r' lyl pop 3 r0 _ ilNl R 1m " I d 0 � r r Z r� `G O 5= a I \ $ I r0 O , T aitr9 F - _ I � I I I I I 3.00,0£„L N " I I wl � d3 elite cle J y`n 'U o o oav 3„Z0.80„6N ___ ++E -f- - - - -- (1109'—dde) I LU 41VIM u!sau ,I.,J. 148u ' Y 3AIZ10 lHIONHNI3 ------------ o�n�zz soo Ha v3is .�3nv Hinosz�e ''' O-WGNoumos ONisnOH db•W J.lINIOIn Gd°. u.-OHdnv--0 SNOW W003OIS�433FJ0 bL6900 LZ V' Noisv,ae , L o° L ao ' ,off _ _ � ....:• ._. M; 020Z0 w Na OZ _ 9w za o _ NNagLL� ,WN a� 00 a�N 'wN>m° Ydz o¢N 0 m Joao w iw Q 0 C °>mQF.. o u' z< �r o i •<Raoo y i I � - I O- 'sNoumos oNi snooH db'w ulNl�ln dO 3H5 i6�� I o-1 av3Hly tl-n ALa3d06'd IVW AHM31Vo SNOwINOO 3[)ISil33tiO b46S0o LZ V d O pry zw_am a o io2-o �w °ow°° z�maz ° m O { woroo et e r is= January 5, 2022 Flathead County Planning &Zoning 40 111h Street West, Suite 220 Kalispell, Montana 59901 RE: Trip Generation and Distribution Letter Creekside Housing Solutions Kalispell, MT IMEG #21005914.00-93.1 To Whom It May Concern: <:IMEG IMEG has been asked to complete preliminary information regarding trip generation and distribution letter for the Creekside Housing Solutions project, a 31-unit affordable senior housing development, located at 1203 US Hwy 2 W, Kalispell, MT 59901. This project will provide affordable housing to residents ages 55 and older, some with potential income restrictions. The characteristics of the development closely follow the description of the Land Use 252, Senior Adult Housing - Attached, as found in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 1011 Edition. This letter is being prepared as documentation that the proposed development will not exceed a design volume of 300 generated trips per day. This letter will focus on the anticipated site generated traffic volumes and generally anticipated distribution of said traffic. We have based our calculations on the trip generation characteristics of the site, as represented by those as found in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 1011 Edition, Land Use 252, Senior Adult Housing - Attached. Trip characteristics for this category are summarized in Table 1. Weekday AM Peak Hour Trip Ends Weekday PM Peak Hour Trip Ends Weekday Trip Ends Dwelling g Units Avg Rate per Unit Directional Distribution Avg Rate per Unit Directional Distribution Avg Rate per Unit Directional Distribution 35% 65% 55% 45% 50% 50% 0.20 Entering Exiting 0.26 Entering Exiting 3.70 Entering Exiting 31 6 2 4 8 4 4 115 58 58 Table 1 - Trip Generation Characteristics for Senior Adult Housing - Attached As shown in Table 1, the trips generated from the proposed 31-unit development will not exceed 300 trips per day in the AM, PM, or on a Weekday. 401 E. State St., Rockford, IL 61104 > 815.965.6400 > imegcorp.com Flathead County Planning and Zoning January 5, 2022 I MEG #21005914 Page 2of2 If you have any questions, please contact me at (815) 997-1889 or the email listed below. Sincerely, J Brad S. Lange Project Manager, PE brad.s.Iange@imegcorp.com BSL/mll G:\2021\21005914.00\Design\Civil\1_ENG DESIGN\Traffic Study\20220105 Ltr Trip Generation Letter. docx Land Use: 252 Senior Adult Housing —Attached Description Senior adult housing consists of attached independent living developments, including retirement communities, age -restricted housing, and active adult communities. These developments may include limited social or recreational services. However, they generally lack centralized dining and onsite medical facilities. Residents in these communities live independently, are typically active (requiring little to no medical supervision) and may or may not be retired, Senior adult housing — detached (Land Use 251), congregate care facility (Land Use 253), assisted living (Land Use 254), and continuing care retirement community (Land Use 255) are related uses. Additional Data Time -of -day distribution data for this land use are presented in Appendix A. For the one general urban/suburban site with data, the overall highest vehicle volumes during the AM and PM on a weekday were counted between 11:45 a.m. and 12:45 p.m. and 12:00 and 1:00 p.m., respectively. The sites were surveyed in the 1980s, the 1990s, and the 2000s in Alberta (CAN), California, Illinois, New Hampshire, New Jersey, New York, and Pennsylvania. Source Numbers 272, 501, 576, 602, 703, 734, 741, 902, 970 Senior Adult Housing - Attached (252) Vehicle Trip Ends vs: Dwelling Units On a: Weekday SettinglLocation: General Urban/Suburban Number of Studies: 6 Avg. Num. of Dwelling Units: 81 Directional Distribution: 50% entering, 50% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 3.70 2.59 - 4.79 0.53 Data Plot and Equation 1,200 1,000 800 N V W Q F J. 600 400 200 X" X 00 50 100 150 200 250 300 X = Number of Dwelling Units X Study Site Fitted Curve - - - -- Average Rate Fitted Curve Equation: T = 4.02(X) - 25.37 W= 0.99 Senior Adult Housing - Attached (252) Vehicle Trip Ends vs: Dwelling Units On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General UrbanlSuburban Number of Studies: 11 Avg. Num. of Dwelling Units: 148 Directional Distribution: 35% entering, 65% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.20 0.06 - 0,27 0.05 Data Plot and Equation 200 150 a W r- 100 50 X X X X 00 200 400 600 X= Number of Dwelling Units X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation: T = 0.20(X) - 0.18 R'= 0.98 Senior Adult Housing - Attached (252) Vehicle Trip Ends vs: On a: SettinglLocation: Number of Studies: Avg. Num, of Dwelling Units: Directional Distribution: Dwelling Units Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General UrbanlSuburban 11 148 55% entering, 45% exiting Vehicle Trip Generation per Dwelling Unit Average Rate Range of Rates Standard Deviation 0.26 0.08 - 0.43 0.08 Data Plot and Equation 200 150 W ut a rr 100 X 50 X X k X 00 200 400 600 X= Number of Dwe€ling Units X Study Site Fitted Curve - - - - Average Rate Fitted Curve Equation: T = 0.24(X) + 2.26 R'= 0.96 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. 1022075-FT Cover Pa e FS� PMERIfF FirstAmerican Title" Form 5010500 (7-1-14) Guarantee Number: 501055-1022075 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. 1022075-FT Page 2 of 14 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. 1022075-FT Page 3 of 14 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. 1022075-FT Page 4 of 14 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. 1022075-FT Page 5 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Aw E , , Subdivision Guarantee *} 7 f I tAmerican Title ISSUED BY 7;F �60 First American Title Insurance Company GUARANTEE NUMBER Guarantee 5010500-1022075-FT Subdivision or Proposed Subdivision: Creekside Order No.: 1022075-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: Housing Solutions LLC and IMEG 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: CONDO 1, CONDO 2, CONDO 3, CONDO 4, CONDO 5, CONDO 6, CONDO 7 AND CONDO 8 OF WESTSIDE CONDOMINIUM, A COMMERCIAL CONDOMINIUM, LOCATED ON THE FOLLOWING DESCRIBED LAND: LOT 1A OF GATEWAY COMMUNITY CENTER, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. EXCEPTING THEREFROM PARCEL A OF GLENWOOD WEST, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND OF RECORD IN THE OFFICE OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA. Together with a percentile interest in the appurtenant common elements of said Condominium as the said unit and common areas are established, defined and identified in the Declaration of Unit Ownership and Exhibits attached thereto, recorded December 30, 2020 as Doc. No. 2020-000-44037, records of Flathead County, Montana. (A) Parties having record title interest in said lands whose signatures are necessary under the requirements of Flathead County Subdivision Regulations on the certificates consenting to the recordation of Plats and offering for dedication any streets, roads, avenues, and other easements offered for dedication by said Plat are: Flathead Food Bank, Inc., a Montana Corporation, as to Condo 1 AND Westside CCC, Inc., a Montana Corporation, as to Condo 2-8 (B) Parties holding liens or encumbrances on the title to said lands are: Jobs Now, Inc. d/b/a Montana West Economic Development; Glacier Bank and Westside CCC, Inc. File No. 1022075-FT Page 6 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 Deed of Trust dated September 21, 2015, to secure an original indebtedness of $2,323,400.00, and any other amounts and/or obligations secured thereby Recorded: September 21, 2015, as Instrument No. 2015-000-22102 Grantor: Westside CCC, Inc. Trustee: Alliance Title and Escrow Company Beneficiary: Glacier Bank (As to Condo 2-8) Assignment of Rents by instrument recorded September 31, 2015, as Doc. No. 2015-000-22103. Flathead Premier Title Co.was appointed successor trustee of said Trust Indenture by instrument recorded December 10, 2019 , as Doc. No. 2019-000-32154. Consent to creation of Westside Condo recorded December 30, 2020, as Doc. No. 2020-000-44039. Trust Indenture, to secure an original indebtedness of $120,000.00, dated September 21, 2015 and any other amounts and/or obligations secured thereby Recorded: September 21, 2015, as Doc. No. 2015-000-22105 Grantor: Westside CCC, Inc. Trustee: Alliance Title & Escrow Corp. Beneficiary: Jobs Now, Inc. (As to Condo 2-8) Flathead Premier Title Co.was appointed successor trustee of said Trust Indenture by instrument recorded December 10, 2019 , as Doc. No. 2019-000-32158. Modification Agreement recorded November 4, 2020, as Doc. No. 2020-000-37362. Consent to creation of Westside Condo recorded December 30, 2020, as Doc. No. 2020-000-44038. 3. Deed of Trust dated December 30, 2020, to secure an original indebtedness of $250,000.00, and any other amounts and/or obligations secured thereby Recorded: December 30, 2020, as Instrument No. 2020-000-44115 Grantor: Flathead Food Bank, Inc. Trustee: Insured Titles Beneficiary: Glacier Bank (As to Condo 1) 4. Hazardous Substances Certificate and Indemnity Agreement upon the terms, conditions and provisions contained therein: Parties: Flathead Food Bank AND Glacier Bank Recorded: December 30, 2020, as Doc. No. 2020-000-44116 (As to Condo 1) Trust Indenture, to secure an original indebtedness of $150,000.00, dated December 30, 2020 and any other amounts and/or obligations secured thereby Recorded: December 30, 2020, as Doc. No. 2020-000-44117 Grantor: Flathead Food Bank, Inc. Trustee: Insured Titles Beneficiary: Jobs Now, Inc. (As to Condo 1) File No. 1022075-FT Page 7 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 6. Montana Trust Indenture, to secure an original indebtedness of $250,000.00, dated December 30, 2020 and any other amounts and/or obligations secured thereby Recorded: December 30, 2020, as Doc. No. 2020-000-44122 Grantor: Flathead Food Bank, Inc. Trustee: Insured Titles Beneficiary: Westside CCC, Inc. (As to Condo 1) 7. Financing Statement covering fixtures Recorded: December 31, 2020, as Doc. No. 2020-000-44289 Debtor: Flathead Food Bank Secured Party: Glacier Bank. (As to Condo 1) (C) Easements, claims of easements and restriction agreements of record are: 8. 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. 9. 2022 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 $1753.41 PAID $1753.38 PAID 0449200 Condo 1 2021 $40.37 PAID $40.36 UNPAID 0508365 Condo 2 2021 $40.37 PAID $40.36 UNPAID 0508366 Condo 3 2021 $679.81 PAID $679.78 UNPAID 0508367 Condo 4 2021 $40.37 PAID $40.36 UNPAID 0508368 Condo 5 2021 $450.32 PAID $450.29 UNPAID 0508369 Condo 6 2021 $839.59 PAID $839.59 UNPAID 0508371 Condo 7 2021 $40.37 PAID $40.36 UNPAID 0508372 Condo 8 10. Agreement upon the terms, conditions and provisions contained therein: DATED : November 6, 1943 PARTIES : Vivian Jean Kinshella and Hoken Linrude, et ux FOR : ingress and egress to repair and maintain a pipeline RECORDED: January 7, 1949 in Book 302, Page 57, records of Flathead County, Montana. File No. 1022075-FT Page 8 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 11. Lease Agreement upon the terms, conditions and provisions contained therein: Parties: Vivian Jean Managhan wata Vivian Jean Kinshella AND Sky River Enterprises Recorded: February 17, 1972, in Book 533, Page 655 as Doc. No. 1276 A document modifying or amending said lease recorded April 8, 1985, as Instrument No. 85- 098-15370. The lessee's interest under the lease has been assigned to Gateway West Shopping Center Associates by assignment recorded July 31, 1986 , as Doc. No. 86-212-13250. The lessee's interest under the lease has been assigned to ACG-Kalispell Investors, LLC by assignment recorded March 8, 2000 , as Doc. No. 2000-068-14450. 12. Reciprocal Easement Agreement upon the terms, conditions and provisions contained therein: PARTIES : Gateway West Shopping Associates AND Sky River Enterprises RECORDED: February 6, 1976 in Book 591, Page 868, as Doc. No. 1188, records of Flathead County, Montana. Amendment to said agreement executed by and between Gateway West Shopping Center Associates, a Utah Limited Partnership AND Sky River Enterprises, a Montana Corporation, recorded February 3, 1984, as Doc. No. 84-034-16410, records of Flathead County, Montana. 13. Easement for a non-exclusive easement granted to Anderson Theater Company recorded February 20, 1976 in Book 592, Page 911, as Doc. No. 1667, records of Flathead County, Montana. 14. Easement for right of way granted to Northwestern Telephone Systems recorded July 8, 1976 in Book 598, Page 863, as Doc. No. 7338, records of Flathead County, Montana. 15. Terms and Conditions contained in Easement for underground water main and sewer line by and between Gateway Shopping Center Associates, etal and The City of Kalispell recorded May 1, 1984, as Doc. No. 84-122-11300, records of Flathead County, Montana. Terms and conditions of Easement for underground water main and sewer line by and between Gateway Shopping Center Associates, etal and The City of Kalispell, recorded February 28, 1985, as Doc. No. 85-059-14200, records of Flathead County, Montana. Grantee's Amendment to Easement for underground water main and sewer line by and between The City of Kalispell, and Gateway Shopping Center Associates, etal recorded July 31, 1986, as Doc. No. 86-212-13290, records of Flathead County, Montana. 16. Easement for a transmission and distribution line granted to Pacific Power & Light Company recorded January 17, 1985, as Doc. No. 85-017-10230, records of Flathead County, Montana. AND Corrective Underground Right of Way Easement, recorded December 19, 1986, as Doc. No. 86- 353-14440, records of Flathead County, Montana. 17. Easement for an electric transmission and distribution line, 10 feet in width granted to Pacific Power & Light Company recorded December 2, 1985, as Doc. No. 85-336-14180, records of Flathead County, Montana. 18. Party -Wall Declaration and Reciprocal Easement Agreement upon the terms, conditions and provisions contained therein: Parties: Gateway West Shopping Center Assoc. AND John Alden Life Insurance Company Recorded: July 31, 1986, as Doc. No. 86-212-13240 File No. 1022075-FT Page 9 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 19. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by Record of Survey Nos. 7978 and 14175, 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. Terms and Conditions in Ordinance No. 1259 recorded September 3, 1997, as Doc. No. 1997-246- 09380. 21. Resolution for designation of limited access highway recorded November 14, 1997, as Doc. No. 1997- 318-10050. 22. Terms and Conditions in Ordinance No. 1347 recorded February 11, 2000, as Doc. No. 2000-042- 15080. 23. Declaration of Restrictions and Establishments of Easements Affecting Land executed by and between ACG-Kalispell Investors, LLC., and the City of Kalispell, Montana, and the Flathead County Economic Development Authority, recorded March 8, 2000 as Doc. No. 2000-068-16000, records of Flathead County, Montana. Amendment to Declaration of Restrictions and Establishment of Easements Affecting Land, recorded June 7, 2004 as Doc. No. 2004-159-16450, records of Flathead County, Montana. Amendment to said Covenants recorded as Instrument No. 2005-187-16050. Amendment to said Covenants recorded as Instrument No. 2006-125-09050. Amendment to said Covenants recorded as Instrument No. 2015-000-10056. Amendment and Restatement to said Covenants recorded as Instrument No. 2018-000-02574 Amendment to said Covenants recorded as Instrument No. 2019-000-28125. 24. Terms and Conditions in Resolution No. 4536 recorded March 10, 2000, as Doc. No. 2000-070-13130. 25. Reciprocal Easement for Parking Agreement upon the terms, conditions and provisions contained therein: Parties: Anderson Theatre Company and ACG-Kalispell Investors, LLC Recorded: May 5, 2000, as Doc. No. 2000-126-13500, and the rights of others to use. Amended and Restated on May 20, 2019, as Doc. No. 2019-000-09449. Second Amended and Restated on October 21, 2019, as Doc. No. 2019-000-26907. 26. Easement for Grant of Perpetual Access granted to Anderson Theatre Company, recorded May 5, 2000 as Doc. NO. 2000-126-13510, and the rights of others to use.. 27. All matters, covenants, conditions, restrictions, easements and any rights, interests or claims which may exist by reason thereof, disclosed by the recorded plat of said Gateway West Subdivision Unit No. 2, Westside CCC and Gateway Community Center, 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). File No. 1022075-FT Page 10 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 28. Easement for an electric transmission and distribution line granted to Flathead Electric Cooperative, Inc., recorded October 25, 2012 as Doc. No. 2012-000-25015. 29. Covenants, Conditions and Restrictions recorded October 31, 2019 as Doc. No. 2019-000-28124, but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin to the extent that such covenants, conditions or restrictions violate 42 USC 3604(c). 30. Easement for reciprocal storm water drainage granted to Westside CCC, Inc. AND Husky Partners, LLC, recorded October 31, 2019 as Doc. No. 2019-000-28128. 31. Terms, provisions, covenants, conditions, restrictions, easements, charges, assessments and liens provided by Condominium Declaration Recorded: December 30, 2020, as Doc. No. 2020-000-44037, but omitting any covenant, condition or restriction based on race, color, religion, sex, handicap, familial status, or national origin, unless and only to the extent that the covenant, condition or restriction (a) is exempt under title 42 United States Code, or (b) relates to handicap, but does not discriminate against handicapped persons. 32. Any lease of or Management Agreement relative to the Condominium described therein. 33. Terms, provisions, limitations and conditions imposed by the Montana Unit Ownership Act M.C.A. Title 70 Chapter 23. 34. Any claim arising from the failure of the Declaration of Unit Ownership to disclose the exact location. Date of Guarantee: December 30, 2021 at 7:30 A.M. Insured Titles By: Authorized Countersignature File No. 1022075-FT Page 11 of 14 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 1®uoz 1®1 � 1il;Zj2.zo z1Z118 M EXHIBIT B SITE PLAN 4 LO T lA 8 PLAT OF GATEWAY COMMUNITY CENTER (COMMON EXTERIOR AREA) 1 491,275 S0, FT. 1iotm Anso and building dimensions to center of wall union along lines adjoining Lot 18 Plot of Gateway Commmity Center. Dirnensions to property line along Lot 18 CONDO 1 27,421 SQ, FT. CONDO 2 1056 SQ. FT. CONDO 3 9,833 SO. FT. CONDO 4 21,677 SO. FT. CONDO 5 676 SQ. FT. CONDO 6 1,538 SO. FT. CONDO 7 23,872 SQ. FT. CONDO 8 6,535 SQ. FT. P� �P NAG �5. N 100 0 too m KLI <P Plat of GdTPIf LY COIDEUMM CENTER BEING THE AIMMED PLAT LOT 1 OF PIMM CCC AND 107 1. ANMED PLAT OF THE MLL PDXAON OP GATEWAY PRI' ADD. No. M LOCATED IN: LOT I OF PLAT OF VESTS= CCC AND LOT I OF AMENDED PLAT OF THE MAIL. PORTION OF GATEWAY WEST ADDITION No. a{ LOCATED IN SEI/A OF SECTION 12• T. 2B K. R. 22 P., P.M. MONIANA. CITY OF EALISPEM PURPOSE: BOUNDARY LINE RELOCATION (MCA 76-0-207(/kA) COMMISSIONED BY: FLATHEAD COUNTY ECONOMIC DEVELOPMENT AUTHORITY (PCEDA) OWNER: FLATHEAD ECONOMIC DEVELOPMENT AUTHORITY (LOT I OF AMMED PLAT OF THE MALL PORTION OF GATEWAY PEST ADD. No.SA (DOC. No. 20000BBIB900) ESTME CCC INC (LOT 1 OF PLAT OF I IDE CCC DOC. No. 2016000122aa) C.O.S. No. 791W 414 Ot i_ WEDQrvWIG P�'E1Fy MI of GATEWAY COMMUNM CENTER rxCl �g �.0 jc' • a wq LourED x IYt t a war °r vLS15DE Dcc un L°r t. 44rom WA1 a� M WLL ARrpx DE GtEvr M0. xe. .N. Rvi M M[ 41/4 11. ,�$ Ci' w tAxS+]P M MNUE RYGE 22 wFS, I.Y. uOMAxA DAl1IAo [glrM, YORE VAxriCULNLT DEsfYED ns IOILOwS Ma.NNG AlM NORIMF31 CgMA at LOI I �E OE Mr Of vAst]a( ¢C: MNLE N AISB r F. Y511] REI NbC M ]OUM uK �aW 19r1: MxCE 5 Ob.)'SS• w. t50.D1 fIIr 40NG M w[s� WE OF lOt �iwrlom nu or xpOHE/Sr Famux urtNnr wTST ADDnwx AeYSVDB• 6 xa as: HENCE x E. SSx.9. RLT 4DNG M ]DUM L.IF DE SVD LUI IIxEHCE ] OD.A•D =• Ei - A0. '(A aay.a /p MN2 M W SO--Ynr UNC DE LLLM�ODD DNNC ,D M xaMEAIT AipO-DE�WAT u. N AY 7: MINCE 9dTwE]TE]av 40xD A NW-rux9:xr cuNw Io ME LEn Nn"xe Ax uec IrNDM or of £ 3 Jln��9wan 40xG M xOOrx 4blf-OE Mn001KAaIUS xN,IwnvA; M: E N1MGs of jlx: �.AS 0053's)' L as W VQT. T)WN �2i JI• Y.] f I ] lt'DO'St• w..AX rtFr. .) S Mae'l l' E, tI ♦ uNE K V.S. Now I: nWKC rox0,1-IwlGpr [• SWNMTIaI. 40IG CURIE 10 M 1EET IIAw..G NI .FO ILtOMM K >AS.ST fRi, wOUs DE t9rom fFTT, 9firA Ax4E OF I I A'Ds• In0 $ PADNL AFAaxt SIME a 2TxA'N' E YWG M NdIM IM OE V.S xxolwx sa W x SWD4/, f WIMFA a 1 1 2 DE M Mr DE wFStSnE Em: MNfF x an0 w iC£r NbW M EASNRv l0Y T SAa 1m 1 1xDKE N W21'. O C ]0988 NDxG M FATr WE DE SnD 1m 1 ro M SWIIWASr —N DE L0I 2 M �i arEwnv wEsf IOarON xe. N: MNCE N OW2T]]' C Q E�Q, //////��, 10165 iFET nWC M LINE K ]HO 10r 2 TO T S0.RIE TT <a1M01 a M csr c wroEcsscxa aNlw mroD; MNDE N av]rtr c ax.w Tar 4Dw M V W[ ?SAD f/,Y-,DE RDr4.4 Yl CEMFA fLxDO r° M MOWIMw51 CdMa! CISw �YRVEF OFYIFA COUO, %EN�1=0 ODS)'IY E u)..t i[ET r 11 B]�YDREDR��•W,:IlON1F�DxD [ASFYarS, FA]ENFNIS SxpM W FW N2D DOWYENri 6 RFCdN. NW T. 1C xxowNw DEscxlan ns M na a umrw wwuxm cExRR IP- CP.RTIFICATEOFSUBDIVISIONEXEMPTION: �/wF UNDOSNED. NENEeY CFE11Fr TNT M FUEPOSF M ont4a OE— aNOMI CFW . K SUNTY n Co— — REYAA AS A Su1gt0TgN a ]CWIw 1 rEM M PRO.151oN5 OF sEC qH 71-3-AI(IX.) Ot .IDS As M5 6 A WEtOGOM 0. �. � $ cDYYox easwwr LMET a ENE oB EDKA 1Drs wmTN A FUTrm wBanmW. CERTIFICATE OF D.E.Q. EXEMPTION: ETA'— AV—i OE>wMl EMvE MY.AOI�FM"4 S�0 uul _a aYDac Is)(.H9 n rrtYwaR a M owvlr rwncl cBuaE Yr scaculw A ii PnMYt E90N M OYcr rax WRMnESEZGWSE ME q[NN1Dps n9E �.1a' �g Ipil. PW]uwr fi IOGL KWUiprt at YG OrIE 10. K $_ ICT -7 RAw,w]� .wY NNwm mNW N�M•:z�n.r aYava•.Y• . �� x+]nwE ®,I.. DE --- N oPYt�• d .OYYY) OPSY� 1' 3 'n• _ a AAII (I w cyleayl �GZ t1A6. ES aDuxwm �I: B01"a''rcB01"a'"' J .s. a7ro1 • r rila ion 1.c.1 s -C /a zor� $ LOT1B IUD"9 w° " 1.514 ACRES �Ole N Ar,I'Ya• I $ a� DDD Ia]a �.�`� 24�r tit"" 3'"� �MI� 4,y1 aAYa'(Y/ .0a0[9 IwAIS) VYW� � ,wo Dpp ETs M�EIfnOAC]Yip2E YOP.AYI• d W I CD Y Ys.u'fYl — N eru'u• s x erw•u• I " A, T.) OO surf a NONIANA � Z O.a1'(Y) � ; [OVxrc OF MMtn j w ncn d Mar a flE.� _. 2o1Z Ao. Ar �;Jl_ o'aoa Q u. y Z N arl raY• W wuNrc cEEEx Ivm RECWDEN DFFurc � +•.I �NSINuuExr REc. —1D_1N�-Lao-4 433• FJ�'1 donmi5 cL cunnc,Ln of EEAALmTNc uNoswvEroR r X S ArJJ'19• • 8� w �pEalpwaAnxoolsadww WgA.anuY G • - rw,Yt Y s II u aiBR(Y/ 3 rus1ro—bd ber JL 9^ ' DW Y. HeY•x1'ae•Ia�uRyYl /�I,'./ per I IVYAA0�71 LflpOYVr-- 'L _ ErAYi`c � IIa 41lTf lb PoYIL\ W-O" � P `6. �`,ci��A"H' sww-PIAtTi1fITD07r�ihYcZf A7;----. <' '�,e CifT IDII00o2»W iw:l]3.00 M: rM B=IDY0.00' le ✓�. �. 1yP v\ tO �I=O'60'.I• h[dM lNrwnO�iWnsl CwM'IbAr" EXISTING COMMON \S'� 7. 1"\q\ 'S\ csmncnrzorwWv[raW $ ACCESPEE/SEMT _�� %:�. OF WESTSIDE CCC CNP� s NPe SIN L JS N� .12 \ LEGEND CoI FLATHEAD EAD COUNTY • �/]' 9aw v.a c�mmlrailsl w 1/1 SEC T R. \ / pr x5 uxo � uuNtxr .vl�. u[ +. Aa v.wxa Nax9YwW-- nPlat OfGATEWAY COMMUNITY CENTER 3= �BOUNDARY LINE RELOCATION S a� SE174 SECTION 12, T. 28 N., R. 22 W., P.M.M., FLATHEAD COUNTY, CITY OF KALISPELL '6 g� 3 Q e� 0 • E a 41 k o` M L T 0 WHEN RECORDED MAIL TO: Glacier Bank Kalispell Office 202 Main Street PO Box 27 Kalispell, MT 59903-0027 RECORDATION REQUESTED BY: Glacier Bank Kalispell Office 202 Main Street PO Box 27 Kalispell, MT 59903-0027 INIIININNINIIIINIUIIIIIIIIINIII�II�IINIIIIIIIIiIIIIiIIINIIIIINItllllllllll °30,202 Debbie Pienon. Flathead County HT by NC Fees: $9L00 9/21/}0133:34 PH SEND TAX NOTICES TO: Glacier Bank Kalispell Office 202 Main Street PO Box 27 Kalispell, MT 59903-0027 FOR RECORDER'S USE ONLY q-rtz22�r s dJ- f DEED OF TRUST MAXIMUM LIEN. The total principal indebtedness that may be outstanding at any given time which is secured by this Deed of Trust is $2,323,400.00. THIS DEED OF TRUST is dated September 21, 2015, among WESTSIDE CCC, INC., whose address is 1203 US HWY 2 WEST SUITE 31, KALISPELL, MT 59901-3465 ("Grantor"); Glacier Bank, whose address is Kalispell Office, 202 Main Street, PO Box 27, Kalispell, MT 59903-0027 (referred to below sometimes as "Lender" and sometimes' as "Beneficiary"); and ALLIANCE TITLE AND ESCROW COMPANY, whose address Is 704 South Main, Kalispell, MT 59901 (referred to below as "Trustee"). CONVEYANCE AND GRANT. For valuable consideration, Grantor conveys to Trustee for the benefit of Lender as Beneficiary all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters; (the "Real Property") located in FLATHEAD County, State of Montana: SEE EXHIBIT "A", WHICH IS ATTACHED TO THIS OF DEED OF TRUST AND MADE PART OF THIS OF DEED OF TRUST AS IF FULLY SET FORTH THEREIN. The Real Property or its address is commonly known as 1203 US HWY 2 WEST SUITE 31, KALISPELL, MT 59901-3465. Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. The following provisions relate to the use of the Property or to other ", 035000 d 13 Fw i3:34 9/21/2015 3:3! YII DEED OF TRUST Loan No: 170175001708 (Continued) Page 10 Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lander, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. This Deed of Trust is intended to be a trust indenture as provided for in the Small Tract Financing Act of Montana. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the events of default section of this Deed of Trust. Grantor. The word "Grantor" means WESTSIDE CCC, INC.. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means Glacier Bank, its successors and assigns Note. The word "Note" means the promissory note dated September 21, 2015, in the original principal amount of $2,323,400.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness; except that the words do not • I�'II■�®��®�®�®�®�II�� OI5000d 13 Fw t 9/21/2015 3:34 3:34 PM DEED OF TRUST Loan No: 170175001708 (Continued) Page 11 mean any guaranty or environmental agreement, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means ALLIANCE TITLE AND ESCROW COMPANY, whose address is 704 South Main, Kalispell, MT 59901 and any substitute or successor trustees, GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND GRANTOR AGREES TO ITS TERMS. GRANTOR: WESTSIDE CCC, INC. By: JAME IVERSO resident of WESTSIDE CCC, INC. By: SHARON K STEVENS, Secretary of WESTSIDE CCC, INC. CORPORATE ACKNOWLEDGMENT STATE OF M424t,64�1 COUNTY OF�Pr`� ) SS i This Instrument was acknowledged before me on o "�� Z� 20 S by JAMES OLIVERSON, President of WESTSIDE CCC, INC.. TE NOTARY SUBLICN e (S al NOTARIAL StateofMontana SEAL * ResWMga1Ka1WpoII,M0nis8 OF [Type or Print Name] Notary Public for the State ofMontana Residing at My commission expires 1 I oil I�I'It,■■,■■■■■■■1II'■' 015.0� m' 9/21/2015 3:34 PN DEED OF TRUST Loan No: 170175001708 (Continued) Page 12 CORPORATE ACKNOWLEDGMENT STATE OF )SS COUNTY OF This instrument was acknowledged before me on�� C'� e Z I 20 ��by SHARON K STEVENS, Secretary of WESTSIDE CCC, INC.. [Type or Print Name] HTEN� SARAHTENNANT S aq �� NOTARY PUSUCfarthe NOTARIAL StateofMontaea x SEAL * Residing at Kalispell, Montana My CommissionExpiros: OF.Ianuary15,201e Notary Public for he State of Montana Residing at My commission expires t' ! S ' Zu i L REQUEST FOR FULL RECONVEYANCE (To be used only when obligations have been paid in full) To: . Trustee The undersigned is the legal owner and holder of all Indebtedness secured by this Deed of Trust. All sums secured by this Deed of Trust have been fully paid and satisfied. You are hereby directed, upon payment to you of any sums owing to you under the terms of this Deed of Trust or pursuant to any applicable statute, to cancel the Note secured by this Deed of Trust (which is delivered to you together with this Deed of Trust), and to reconvey, without warranty, to the parties designated by the terms of this Deed of Trust, the estate now held by you under this Deed of Trust. Please mail the reconveyance and Related Documents to: Date: Beneficiary: By: Its: LaserPro, Ver. 15.3.0.044 Copr. D+H USA Corporation 1997, 2015. All Rights Reserved. - MT G:\dist\gb\CFI\LPL\G01.FC TR-62109 PR-394 . I11�"IM��®®��®MO®�®MII�WI'�oa501003 of 13� Fees: Sa1.00 9/21/2015 3:34 PM EXHIBIT A A portion of Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, described as follows: That portion of the E112 of Section 12, Township 28 North, Range 22 West, P.M.11YL, Flathead County, Montana, described as follows: Beginning at the intersection of the West line of Kinshella Avenue( now known as Glenwood Drive) with the South line ofTwo Mile Drive, thence along the West line of Glenwood Drive South 00047142" West, a distance of 1405.74 feet to its intersection with the Northwesterly right of way line of U.S. Highway No. 2, which joint is on a 1970 foot radius curve concave Southeasterly having a radial bearing of North 21007118" West; thence Southwesterly along the curve thru a central angle of 19013117" a distance of 660.91 feet to a point; thence continuing along the right of way line South 49°37'25" West, a distance of 37.27 feet to the intersection with the West line of SE1/4SE1/4 of Section 12; thence along the West line North 00038131" East, a distance of 463.90 feet to the Northwest corner of the SE1/4SE1/4; thence North 00038131" East along the West line of the NE1/4SEL/4 of Section 12, to a point 90' feet South of the Northwest corner thereof, which point is the Southwest corner of that certain tract of land acquired by Lena Cavalar in Order Terminating Joint Tenancy, recorded September 1,1966 in Book 482, page 644, under Recorder's Fee No. 6073; thence East along the South line of the Cavalar tract a distance of 252.53 feet, more or less, to the Southeast corner thereof, thence North along the East line of the Cavalar tract a distance of 80 feet to the South line of Two Mile Drive; thence South 89059118" East, a distance of 340.63 feet more or less to the Point of Beginning. EXCEPTING THEREFROM Lot 2 of Gateway West Subdivision Unit No. 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ALSO EXCEPTING THEREFROM Lot 1 of the Amended Plat of the Mall Portion of Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ALSO EXCEPTING THEREFROM the Amended Plat of the Northeast Portion Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ®llllllrlllll1llll11111111MIN lllllIN pPa�ge�°sl1ealf254 Debbie Pierson, Flathead Corarty MT by NC 12/10/2019 12 3 PM 733FPT RETURN TO: GLACIER BANK 202 MAIN STREET P.O. BOX 27 KALISPELL, MT 59903 Assessor#0449200 SUBSTITUTION OF TRUSTEE TRUST INDENTURE(DEED OF TRUST INSTRU MENTIDOCUM ENT: 201500022102 RECORDED: SEPTEMBER 21, 2015, RECORDS OF FLATHEAD COUNTY, MONTANA GRANTOR: WESTSIDE CCC, INC. ORIGINAL TRUSTEE: ALLIANCE TITLE AND ESCROW COMPANY BENEFICIARY: GLACIER BANK LEGAL DESCRIPTION: SEE EXHIBIT "A" ATTACHED WHEREAS, that certain Trust Indenture/Deed of Trust described above provides that the holder of the Note secured by said Trust Indenture/Deed of Trust may appoint a successor Trustee thereunder appointed; NOW THEREFORE, GLACIER BANK, being the present legal owner and holder of the indebtedness secured by said Trust Indenture/Deed of Trust, does hereby substitute and appoint FLATHEAD PREMIER TITLE CO., 211 SOUTH MAIN STREET, KALISPELL MT 50901, as successor Trustee under said Trust Indenture/Deed of Trust, to have all the powers as the original Trustee, effective immediately. n IN Vyf TNESS WHEREOF, the undersigned has caused these presents to be executed on this L day of UCWbe1- 2019 GLACIER BANK rdDM/gA-j1h (j)"A BY: Je nifer Wheeler, Vice President STATE OF MONTANA COUNTY OF FLATHEAD On this ES� day of 0JI) R V , 2019, before me, a Notary Public in and for said State, personally appeared Jennifer Wheeler, known to me to be the individual that executed this instrument, and acknowledged to me that such individual executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, the day and year in this certificate first above written. KNOUTTON l7L �tN_Ne4 ag'.`raoT" 4' 1oy NOTARYTARYPUBLIC for the State of fdantana '•SEAL, Residing at Whitefish, Monla❑a My Commission Expires October 00, 2020 111111111111s11111111111111111 ilil1111I 20190z f 2 Fees: $14.00 733FPT 12/10/2019 12:13 PM RETURN TO: GLACIER BANK 202 MAIN STREET P.O. BOX 27 KALISPELL, NIT 59903 Assessor#0449200 EXHIBTi' A A portion of Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, described as follows: That portion of the E1/2 of Section 12, Township 28 North, Range 22 West, P1VL11L, Flathead County, Montana, described as follows: Beginning at the intersection of the West line of Kinshella Avenue ( now known as Glenwood Drive) with the South line of Two Mlle Drive, thence along the West line of Glenwood Drive South 00*47142" West, a distance of 1405.74 feet to its intersection with the Northwesterly right of way line of U.S. Highway No. 2, which joint is on a 1970 foot radius curve concave Southeasterly having a radial bearing of North 2100T18" West; thence Southwesterly along the curve thru a central angle of 19013'17' a distance of 660.91 feet to a point; thence continuing along the right of way line South 49*3712511 West, a distance of 37.27 feet to the intersection with the West line of SEIl4SE114 of Section 12; thence along the West line North 00038'31" East, a distance of 463.90 feet to the Northwest corner of the SE1/4SE1/4; thence North 00°38"31" East along the West line of the NEl/4SE1/4 of Section 12, to a point 9V feet South of the Northwest corner thereof, which point is the Southwest corner of that certain tract of land acquired by Lena CavAar in Order Terminating Joint Tenancy, recorded September 1,1966 in Book 44 page 644, under Recorder's Fee No. 6073; thence East along the South line of the Cavalar tract a distance of 252.53 feet, more or less, to the Southeast corner thereof, thence North along the East line of the Cavalar tract a distance of 80 feet to the South line of Two Mile Drive; thence South 89159'18" East, a distance of 340.63 feet more or less to the Point of Beginning. EXCEPTING THEREFROM Lot of Gateway West Subdivision Unit No. 2, according to the map or plat thereof on file and of record In the office of the Clerk and Recorder of Flathead County, Montana. ALSO EXCEPTING THEREFROM Lot 1 of the Amended Plat of the Mali Portion of Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ALSO EXCEPTING THEREFROM the Amended Plat of the Northeast Portion Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. WHEN RECORDED MAIL TO: Glacier Bank Kalispell Office 202 Main Street PO Box 27 Kalispell, MT 59903-0027 RECORDATION REQUESTED BY: Glacier Bank Kalispell Office 202 Main Street PO Box 27 Kalispell, MT 59903-0027 III�I�VIInIII�IInIIIIIII�IIVI11�IlIIIIIIIINIIIIIIIIIIIII�Mllllllllllll o:°�ofe°' Debbie Pierson, Flathead County HT by NC 9/1t/7F01.:$5 eer.:34 P O PM SEND TAX NOTICES TO: Glacier Bank Kalispell Office 202 Main Street PO Box 27 Kalispell. MT 59903-0027 FOR RECORDER'S USE ONLY .4T-C z- 5Z �IIIIIIIIIIIIIII{IIII D�IUI�IIIIIII I�I�IIIIIIa1111�IIII�IIIIII�IIIVIIQpl�lllll�ll IIII�IIIIII�IIIIIII�IIIIIIIII�I0111�I •000000170175001708%0115%09212015 %###############• ASSIGNMENT OF RENTS THIS ASSIGNMENT OF RENTS dated September 21, 2015, is made and executed between WESTSIDE CCC, INC., whose address is 1203 US HWY 2 WEST SUITE 31, KALISPELL, MT 59901-3465 (referred to below as "Grantor") and Glacier Bank, whose address is 202 Main Street, PO Box 27, Kalispell, MT 59903-0027 (referred to below as "Lender"). ASSIGNMENT. For valuable consideration, Grantor hereby assigns, grants a continuing security interest in, and conveys to Lender all of Grantor's right, title, and interest in and to the Rents from the following described Property located in FLATHEAD County, State of Montana: SEE EXHIBIT "A", WHICH IS ATTACHED TO THIS OF DEED OF TRUST AND MADE PART OF THIS OF DEED OF TRUST AS IF FULLY SET FORTH THEREIN. The Property or its address is commonly known as 1203 US HWY 2 WEST SUITE 31, KALISPELL, MT 59901-3465. THIS ASSIGNMENT IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ANY AND ALL OBLIGATIONS OF GRANTOR UNDER THE NOTE, THIS ASSIGNMENT, AND THE RELATED DOCUMENTS. THIS ASSIGNMENT IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Assignment or any Related Documents, Grantor shall pay to Lender all amounts secured by this Assignment as they become due, and shall strictly perform all of Grantor's obligations under this Assignment. Unless and until Lender exercises its right to collect the Rents as provided below and so long as there is no default under this Assignment, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents, provided that the granting of the right to collect the Rents shall not constitute Lender's consent to the use of cash collateral in a bankruptcy proceeding. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: Ownership. Grantor is entitled to receive the Rents free and clear of all rights, loans, liens, encumbrances, and claims except as disclosed to and accepted by Lender in writing. Right to Assign. Grantor has the full right, power and authority to enter into this Assignment and to assign and convey the Rents to Lender. No Prior Assignment. Grantor has not previously assigned or conveyed the Rents to any other person by any instrument now in force. No Further Transfer. Grantor will not sell, assign, encumber, or otherwise dispose of any of Grantor's rights in the Rents except as provided in this Assignment. LENDER'S RIGHT TO RECEIVE AND COLLECT RENTS. Lender shall have the right at any time, and INjII'®§1 jjJN Nj®§j'Ijj, 2201 : 00220 3 9/21/2015 3:34 PM ASSIGNMENT OF RENTS Loan No: 170175001708 (Continued) Page 6 Borrower. The word "Borrower" means WESTSIDE CCC, INC.. Default. The word "Default" means the Default set forth in this Assignment in the section titled "Default". Event of Default. The words "Event of Default" mean any of the events of default set forth in this Assignment in the default section of this Assignment. Grantor. The word "Grantor" means WESTSIDE CCC, INC.. Guarantor. The word "Guarantor" means any guarantor, surety, or accommodation party of any or all of the Indebtedness. Guaranty. The word "Guaranty" means the guaranty from Guarantor to Lender, including without limitation a guaranty of all or part of the Note. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Lender to enforce Grantor's obligations under this Assignment, together with interest on such amounts as provided in this Assignment. Lender. The word "Lender" means Glacier Bank, its successors and assigns. Note. The word "Note" means the promissory note dated September 21, 2015, in the original principal amount of $2,323,400.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Property. The word "Property" means all of Grantor's right, title and interest in and to all the Property as described in the "Assignment" section of this Assignment. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness; except that the words do not mean any guaranty or environmental agreement, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all of Grantor's present and future rights, title and interest in, to and under any and all present and future leases, including, without limitation, all rents, revenue, income, issues, royalties, bonuses, accounts receivable, cash or security deposits, advance rentals, profits and proceeds from the Property, and other payments and benefits derived or to be derived from such leases of every kind and nature, whether due now or later, including without limitation Grantor's right to enforce such leases and to receive and collect payment and proceeds thereunder. THE UNDERSIGNED ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS ASSIGNMENT, AND NOT PERSONALLY BUT AS AN AUTHORIZED SIGNER, HAS CAUSED THIS ASSIGNMENT TO BE SIGNED AND EXECUTED ON BEHALF OF GRANTOR ON SEPTEMBER 21, 2015. GRANTOR: WESTSIDE CCC, INC By: avm,�- J4MOS OLIVERSON, President of WESTSIDE CCC, INC. 1-11 By: SHARON K STEVENS, Secretary of WESTSIDE CCC, INC. I®I II',,,,1,.,,,.1'll„ 20150002219 9/21/201S 9:94 PM ASSIGNMENT OF RENTS Loan No: 170175001708 (Continued) Page 7 CORPORATE ACKNOWLEDGMENT STATE OF f1 "U 4 / Q ) SS COUNTY OF This instrument was acknowledged before me on� z / 20 �� by JAMES OLIVERSON, President of WESTSIDE CCC, INC.. [Type or Print Name] \TESARAHTENNAW Mauna StatedMontene SEAL SEA* Residing at KaftPel4 Ny Commission EXpbW: �s Jenuary15,201E STATE OF I4 WA&fl- Notary Public for _hpe State of Montana Residing at My commission expires / -/S -ZO/t. CORPORATE ACKNOWLEDGMENT `per ► SS COUNTY OF �C�� ► This instrument was acknowledged before me on 21 , 20 I S by SHARON K STEVENS, Secretary of WESTSIDE CCC, INC.. TF SARAHTENNANT ay �♦ NOTARYPUSUCf"O SteleofMonlana Sea qt * RasidingatKWlWll,Moatarw MyConsnissionE W". �* January 15, 2016 nark Thu-a,� [Type or Print Name] Notary Public for the State of Montana Residing at My commission expires (— 1 LaserPro, Ver. 15.3.0.044 Copr. D+H USA Corporation 1997, 2015. All Rights Reserved. - MT G:\dist\gb\CFI\LPL\G14.FC TR-62109 PR-394 '2a15sa422103 papa a of a rape $w.so 9/21/2013 3:34 pM EXHIBIT A A portion of Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, described as follows: That portion of the E1/2 of Section 12, Township 28 North, Range 22 West, P.M.M., Flathead County, Montana, described as follows: Beginning at the intersection of the West line of Kinsbella Avenue ( now known as Glenwood Drive) with the South line of Two Mile Drive, thence along the West line of Glenwood Drive South 00047142" West, a distance of 1405.74 feet to its intersection with the Northwesterly right of way line of U.S. Highway No. 2, which joint is on a 1970 foot radius curve concave Southeasterly having a radial bearing of North 21°07'18" West; thence Southwesterly along the curve thra a central angle of 19013117" a distance of 660.91 feet to a point; thence continuing along the right of way line South 49037125" West, a distance of 37.27 feet to the intersection with the West line of SEl/4SE1/4 of Section 12; thence along the West line North 00038131" East, a distance of 463.90 feet to the Northwest corner of the SE1/4SE1/4; thence North 00°38'31" East along the West line of the NE1/4SE1/4 of Section 12, to a point 90 feet South of the Northwest corner thereof, which point is the Southwest corner of that certain tract of land acquired by Lena Cavalar In Order Terminating Joint Tenancy, recorded September 1,1966 in Book 482, page 644, under Recorder's Fee No. 6073; thence East along the South line of the Cavalar tract a distance of 252.53 feet, more or less, to the Southeast corner thereof; thence North along the East line of the Cavalar tract a distance of 80 feet to the South line of Two Mile Drive; thence South 89059118" East, a distance of 340.63 feet more or less to the Point of Beginning. EXCEPTING THEREFROM Lot 2 of Gateway West Subdivision Unit No. 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ALSO EXCEPTING THEREFROM Lot 1 of the Amended Plat of the Mall Portion of Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. ALSO EXCEPTING THEREFROM the Amended Plat of the Northeast Portion Gateway West Addition No. 34, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 3 � 5 e 356 y0A3Ay • _ H S J [ E Z 5' � wEhi 3 2 'Q 3 �iR S mg vn a q Al 8i g3 F � § c$°a' 1 W aid s s €> 1 �€ s A 4 IEEE 6 €` z 3 o a^ 3 as 7W; 2o� g gig Upil r $z3 3�� a„� 3a m a 111$Waeo� F �M s$ HfluHI Lu ` Zi o LL 0 i� a 3� W sz sE 0 m o d � - �zui,zozro 3.zs<r.wx Y � .rsm a.zs,zs � �xom®vvaa¢anovsa JA Kalispell Growth Policy Exhibit NORTH Gateway West Mall Parking Lot l_ Subject Property Commercial Urban Mixed Use High Density Residential Urban Residential Suburban Residential City Airport -Gov. Public/Quasi Public, Openspace Floodway Industrial Neighborhood Commercial lulD flm Urban z MM-1--unn-09 i I Mixed Use TWO MILE DR HUSKY Date 2-28-2022 y,Kalispell Development Services Mt Cadastral data: 2-10-2022 KALISPELL o 2so soo Feet z:>uDject rroperty Residential Residential/Professional Offic Central Business Residential Apartment Residential Apartment/Office General Business Core Area Business Residential - Public NORTH Date 2-28-2022 Mt Cadastral data: 2-10-2022 Kalispell Zoning Exhibit Gatewav West Mall Parking Lot R-4 KALISPELL RA-1 B-1 TWO MILE DR Kalispell Development Services 0 250 500 Feet