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Creekside Commons Final Plat & Subdivision Agreement
CITY OF KALISPELL REPORT TO: Doug Russell, City Manager FROM: PJ Sorensen, Senior Planner Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning SUBJECT: Final plat request and Subdivision Improvement Agreement for Creekside Commons MEETING DATE: September 6, 2022 BACKGROUND: IMEG Corporation has submitted a request, on behalf of Housing Solutions, LLC, for final plat approval of Creekside Commons, which is a one -lot commercial subdivision on 1.0 acres. 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 legal description of the subject property is attached to the final plat compliance letter as Exhibit A. The City Council approved the preliminary plat with 21 conditions in May 2022 (Resolution 6070). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed, bonded, or otherwise provided for, and a subdivision improvement agreement in the amount of $8125 is included for Council action. RECOMMENDATION: It is recommended that the City Council make a motion to approve the final plat and the subdivision improvement agreement for Creekside Commons. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Subdivision Improvement Agreement Report compiled: August 23, 2022 Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL August 23, 2022 Doug Russell, City Manager City of Kalispell 201 lst Ave E Kalispell, MT 59901 Re: Final Plat request for Creekside Commons Dear Doug: Planning Department 201 V Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning IMEG Corporation has submitted a request, on behalf of Housing Solutions, LLC, for final plat approval of Creekside Commons, which is a one -lot commercial subdivision on 1.0 acres. 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 legal description of the subject property is attached as Exhibit A. The City Council approved the preliminary plat with 21 conditions in May 2022 (Resolution 6070). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed, bonded or otherwise provided for, and a subdivision improvement agreement in the amount of $8125.00 is included for Council action. COMPLIANCE WITH CONDITIONS OF APPROVAL 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. Staff Response: This condition has been met. The plat is in substantial compliance with the submitted application and preliminary plat. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. The preliminary plat was approved in May 2022. 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. Staff Response: This condition has been met. Other than street trees, no infrastructure is required as part of the plat creating the lot. Infrastructure required for construction of the proposed multi -family building approved with a conditional use permit at the time of the preliminary plat will be reviewed and approved as part of the building permit and site review process. A letter from Public Works dated August 3, 2022, is attached. 4. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. Staff Response: This condition has been met. No known water rights exist for the property. 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. Staff Response: This condition has been met. Other than street trees, no infrastructure is required as part of the plat creating the lot. Infrastructure required for construction of the proposed multi -family building approved with a conditional use permit at the time of the preliminary plat will be reviewed and approved as part of the building permit and site review process. A letter from Public Works dated August 3, 2022, is attached. 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. Staff Response: This condition is not currently applicable. With no infrastructure being installed at this time, the storm water management permit is not yet required, but will be necessary before a building permit will be issued. 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. Staff Response: This condition has been met. Other than street trees, no infrastructure is required as part of the plat creating the lot. Infrastructure required for construction of the proposed multi -family building approved with a conditional use permit at the time of the preliminary plat will be reviewed and approved as part of the building permit and site review process. A letter from Public Works dated August 3, 2022, is attached. 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. Staff Response: This condition has been satisfied. The August 3, 2022, letter from Public Works indicates that the easements have been reviewed and approved. 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. Staff Response: This condition has been met. A letter from the Fire Chief dated July 6, 2022 was submitted showing compliance of the plat 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. Staff Response: This condition has been met. Through parking agreements, the minimum number of parking spaces under the zoning ordinance are provided. The applicant has stated that the other parties to the agreements have been contacted and are supportive of the plan. 11. The recommendations in the Geotech report prepared by Alpine Geotechnical in February 2022 relative to construction on the site shall be followed. Staff Response: This condition will be addressed as part of the building permit and site review process related to the construction of the building and related site development. 12. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The note appears on the face of the plat. 13. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Staff Response: This condition will be addressed as part of the building permit and site review process related to the construction of the building and related site development. The applicant provided an email from the USPS preliminarily approving the location. 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. Staff Response: This condition has been met. The applicant has submitted a subdivision improvement agreement and an irrevocable letter of credit in the amount of $8125.00 for the boulevard improvements. 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. Staff Response: This condition has been met. The note appears on the face of the plat. 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. Staff Response: This condition has been met. The note appears on the face of the plat. 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." Staff Response: This condition has been met. The note appears on the face of the plat. 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. Staff Response: This condition is adequately addressed. The infrastructure associated with the project is being installed in conjunction with the conditional use permit and building permit. The applicant has prepared stormwater and access maintenance agreements with adjoining property owners that will need to be implemented at that time. 19. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. Staff Response: This condition is adequately addressed. Most of the necessary infrastructure is existing and a subdivision improvement agreement for required street trees has been submitted. 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. Staff Response: As no infrastructure other than street trees are associated with this final plat and are related to the building construction, this condition will be addressed as part of the building permit and site review process. 21. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: As no infrastructure other than street trees are associated with this final plat and are related to the building construction, this condition will be addressed as part of the building permit and site review process. During construction, a stormwater management permit will be required. COMPLIANCE WITH THE SUBDIVISION REGULATIONS This subdivision plat has been found to be in compliance with the State and City subdivision regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision complies with the Kalispell Zoning Ordinance and the B-2 zoning for the property. RECOMMENDATION: It can be found that the conditions of preliminary plat approval have been met or are otherwise adequately addressed. It is recommended that the Kalispell City Council approve the final plat for Creekside Commons. Attachments: - Two mylars of final plat - Copy of final plat - Subdivision Improvement Agreement dated 9/6/22 - Applicant responses and final plat application dated 6/10/22 - Letter from Public Works dated 8/3/22 - Montana DEQ approval letters dated 5/31/22 - Letter from Public Works (engineering approval) dated 7/24/20 - Letter from Parks and Recreation re: boulevard - Parking count map - Email from USPS dated 5/23/22 - Letter from Kalispell Fire Department dated 7/6/22 - First American Title Insurance Guarantee 5010500-1022075-FT dated 5/11/22 - Consents to Plat - Flathead County tax certification dated 6/22/22 - Amended Reciprocal Storm Water Drainage Easement - Easement and Maintenance Agreement c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: IMEG Corporation 322 2nd Ave W, Ste J Kalispell, MT 59901 EXHIBIT A LEGAL DESCRIPTION ATRACT OF LAND LOCATFD IN THE SDLJTHF,ASTONE-QUARTER (SE 114) OF SECTION 12, TOWNSHIP28 NORTH„ RANGE 22WEST„ P,M.M„ CITY OF KALISPELL, FLATHEAD COLNTY, VON-A\A. BEING PORTION OF LOT 1AOFGATEWAY COMMUNITY CIENTER, BEING ASUBD[VISION OF CITY OF KALISFELL, FLATHEADCOLNTY, VON-ANA. MORE PARTICULARLY DESCRIBED AS FOLLGWS: COMMENCINGAT THE SOUTmwj sf CORNER OF L01' 1 dF GLEN'NOOD WFST, PLA1 NU.2C19009Z RECORDS OFFLAIILAD COUNTY, IHEVCE S85'49'44'EALONG THE 5OUTHFRL,Y8-DUNDARY OF SAID LOT 1 FOR 214,77 FEET; THFNCF N5'39'QVF FOR G9,37 FFF-TDTFF -RLJF POINT OF BEGINNING OF THE TRACT OF LAND DESCLi13ED HEREIN; THENCE N3°30'30-E 116.61 FEE1 I O THE SOL IN ERLY BOUNDARY OF SAID _01 1 OF GLENWOOD WE5T; THENC7= s113-7937'E FOR 379,J37 FEET TO TFF WFSTERLY RIi3HT-J7F-WAY OF GLENWOOD DRIVE; THE NCF L FAVINC SAID SOUTHERLY BOUNDARY OF LOT t OF GLENWOOD WEST, S4°16'39'W ALONG SAID RIGHT-DF-WAY FOR 116.46 FEET; THENCE LEAVING SAID R ICKT-OF-WAY N96`34'06"VV 378,29 FEET TO THE POINT OP BEGINNING, CONTAINING A TOTAL OF 1,014 ACRES, MORE OR LESS, BEING SUBJECT TO AND TOGETHER WITH ALL EASEMENTS AND RIGHTSCIF-WAY AS SHOWN, EXISTING OR OF RECORD, - - o �w a°p _ LLw oho _— °ao — �oa `03 1 _ o o o o p oa _ - z Qo ak 5 m 6 _ A _______________ 1 __________________ (Re lo-l4 Bli ailynd .OB) s. I 3AI&I 400MN31D — — — — — — — — — — •96'9{t M„6C,94,65 Em E \ � \ XE \ N I 3 v \I I I x i\. i I I I I _1__ z� ----- (uosxmade� w•L01'a.zv.v°au I yloi;n u1 sauen Re.x {o ly6y I 3AILIO 1VIONVNI3 ----------------------- I .£9'LL{ 3..00.HLd' N •Lf tH I s= o og25 o. — 8 LL o o. o o Return to: Aimee Brunckhorst Kalispell City Clerk 201 1 ' Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 6 day of September 20 22 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Housing Solutions, LLC , (Name of Developer) a Company (Individual, Company or Corporation) located at PQ Box 2099 Missoula, MT 59806 , (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is � the owner and developer of a new subdivision known as Creekside Commons (Name of Subdivision) located at 1 ni A acrps of I nt 1 A of (jatpwav r.nmmi inity C:antar (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Creekside Commons , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A'; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 6,500 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 8,125 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 8125 the estimated cost of completing the required improvements in Creekside Commons (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by July 6, , 20 23 That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein befor i n. Housing Solutions, LLC. by Alex Burkhalter Manager (Name) (Title) STATE OF MONTANA COUNTY OF LAc'55oo(a On this " day of A,, � v s j , 20 'Z Z , before me, a Notary Public for the State of Montana, personally appeared Alex Burkhalter , known to me to be the Manager of Housing Solutions. LLC _ whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Sea] this day and year first above written. Notary Public for the State of Montana Printed Name Residingat My Commission Expires g 1 Zo J Z- MAYOR, CITY OF KALISPELL ATTEST: MAYOR TYLER CURRENCE -1oTARy ,e . • • .. 10•aoY�R�4.M NOTARY PUBLIC for the State of Montana *:SEAL : * Residing at 9rF0.,W Missoula, Montana My Commission Expires September 20, 2025 CITY CLERK EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving Street Base Sidewalks Curbs and Gutters Sanitary Sewers Mains Other On -Site Sewage Facilities Water Systems Mains Other On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/Boulevard trees X September 2023 $6,500.00 0% Other ( SUBTOTAL $6,500.00 FEES TOTALS COSTS$6,5W.00 TOTAL COLLATERAL (TOTALS COSTS X 125%)18.125.0 :IMEG June 10, 2022 City of Kalispell Planning Department 201 1st Avenue East Kalispell, MT 59901 RE: Creekside Commons Final Plat To Whom it May Concern, On May 2, 2022 at its regularly scheduled meeting the City of Kalispell City Council found the preliminary plat of Creekside Commons to be approved for subdivision subject to conditions of approval stated in Resolution 6070. Below is a list of items that are included with this submittal to facilitate your review and complete the final plat requirements of the City of Kalispell. - Review Fee of $925 Check #1150 - Resolution #6070 - Final Plat Application - Clerk and Recorder Approval of Legal Description - Subdivision Guarantee - ORIGINAL - Consent to Plat —ORIGINALS - DEQ MFE - ORIGINAL - Address Assignment - Proof of Tax Payments - Email from Public Works — Condition 10 - Email from Kalispell Fire — Condition 11 - Parking Count Exhibit — Condition 12, part 1 - All Documents for Westside CCC and the River Parking — Condition 12, part 2 - All Documents for Westside CCC and FCEDA Parking — Condition 12, part 3 - DRAFT of Storm water drainage easement — Condition 20 - USB Drive containing all submittal materials - Final plat, 2 mylar 24x36 copies, 1 paper 11x17 The City of Kalispell City Council approved Creekside Commons subject to conditions of approval. Below is a list of the conditions of approval and in bold how each condition will be met for the subdivision. The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. The final plat of Creekside Commons is in compliance with the approved preliminary plat. 2. The preliminary plat approval shall be valid for a period of three years from the date of approval. The final plat of Creekside Commons has been submitted prior to expiration of the approval date. 1817 South Ave West, Suite A, Missoula, MT 59801 > 406.721.0142 > Fax: 406.721.5224 > imegcorp.com City of Kalispell Planning Department June 10, 2022 20220429.00 Page 2of8 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. There is no new infrastructure required to serve this one -lot subdivision. Water and sewer are available within the Glenwood Drive right-of-way. Sidewalks have also been installed adjacent to curb and gutter along Glenwood Drive and there is not sufficient right-of-way for a boulevard and boulevard landscaping. There will be site improvements installed as part of the overall site design for the proposed multi -family residential building which will be reviewed as part of the City's conditional use permit (CUP) process. This will include a water main extension for a fire hydrant; and sidewalks, off-street parking, and landscaping on the new parcel. All design work will be reviewed and approved by the City of Kalispell prior to building permit during the CUP process. 4. 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 final plat, a certification shall be submitted to the Public Works Department stating that the water main has been built and tested as designed and approved. The water main extension is only required to meet fire protection requirements of the proposed building and is not required as an improvement for the subdivision of this parcel. As a result, the water main extension will be reviewed and approved by the City of Kalispell during the conditional use permit process. 5. 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. The water main extension is only required to meet fire protection requirements of the proposed building and is not required as an improvement for the subdivision of this parcel. The water main extension will be reviewed and approved by the City of Kalispell during the conditional use permit process. The subdivision has obtained a municipal facilities exclusion from Montana Department of Environmental Quality for the subdivision. 6. Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. There are no water rights associated with this property. City of Kalispell Planning Department June 10, 2022 20220429.00 Page 3of8 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 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. There is no new infrastructure required for this one -lot subdivision. The proposed parcel is currently paved and serving as a parking lot on the north end of the Gateway Mall. The property is also adjacent to Glenwood Drive and all of the necessary subdivision infrastructure is existing. As a result, no subdivision improvements are required and no construction will occur prior to final plat approval. There will be site improvements installed as part of the overall site design for the proposed multi -family residential building which will be reviewed as part of the City's conditional use permit (CUP) process. This will include a water main extension for a fire hydrant; and sidewalks, off-street parking, and landscaping on the new parcel. A storm water report and engineered drainage plan will be submitted to the City as part of the site review process required for approval of the multi -family apartment building. City approvals will come through the conditional use permit and building permit processes. 8. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. There is no new infrastructure required for this one -lot subdivision. The proposed parcel is currently paved and serving as a parking lot on the north end of the Gateway Mall. The property is also adjacent to Glenwood Drive and all of the necessary subdivision infrastructure is existing. As a result, no subdivision improvements are required and no construction will occur prior to final plat approval. There will be site improvements installed as part of the overall site design for the proposed multi -family residential building which will be reviewed as part of the City's conditional use permit (CUP) process. This will include a water main extension for a fire hydrant; and sidewalks, off-street parking, and landscaping on the new parcel. An erosion/sediment control plan will be submitted to the Kalispell Public Works Department prior to construction during the conditional use permit and building permit process. 0 City of Kalispell Planning Department June 10, 2022 20220429.00 Page 4 of 8 9. A letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. There is no new infrastructure required to serve this one -lot subdivision. Water and sewer are available within the Glenwood Drive right-of-way. Sidewalks have also been installed adjacent to curb and gutter along Glenwood Drive and there is not sufficient right-of-way for a boulevard and boulevard landscaping. There will be site improvements installed as part of the overall site design for the proposed multi -family residential building which will be reviewed as part of the City's conditional use permit (CUP) process. This will include a water main extension for a fire hydrant; and sidewalks, off-street parking, and landscaping on the new parcel. All infrastructure improvements will be submitted to the City's Site Review Committee during the conditional use permitting and building permit processes. 10. All easements and/or rights -of -way shall be indicated on the face of the final plat. Utility easements for City water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. All easements and rights -of -way are displayed on the final plat. Please see included email from Keith Haskins, PE, of City of Kalispell Public Works stating this letter would be submitted during final plat review. 11. 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. Please see included email from Dan Pearce with Kalispell fire stating placement of fire hydrant is in compliance. 12. 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. There are three documents of reference which are attached to demonstrate parking sufficiency on this project with zoning requirements and any private parking agreements: A Parking Lot Exhibit was prepared for the Glenwood Apartments (Husky Partners, LLC) development north of the mall which documents the required number of parking spaces required for the mall based on zoning requirements. This exhibit documented actual parking counts for the "common areas" on the mall property which included the west, north and east side parking areas. This document also provided a square foot analysis of the internal mall spaces for establishing the number of parking spaces required to meet zoning compliance. ,®r City of Kalispell Planning Department June 10, 2022 20220429.00 Page 5 of 8 2. Document Number 201900026907, dated October 21, 2019, between Westside CCC Inc. and The River, Inc. states that all prior shared parking agreements between ACG Kalispell Investors, LLC and Anderson Theatre Company entered into are terminated. This document further states that the River may utilize parking spaces in the parking lot of the "Westside Property" when such are not otherwise occupied; and that Westside may use parking spaces not otherwise utilized on the River Property. Both Westside CCC, Inc. and The River, Inc. agreed to provide advance notice for any unusual usage. This current agreement provides Westside CCC 139 additional parking spaces, if needed and per the terms of this agreement. 3. The Westside Condo Owners Association also has internal parking agreements with FCEDA, its primary mall tenant to provide a minimum of 600 parking stalls (for occupant of the FCEDA area) which is less than the number required to comply with zoning. The basis for this requirement was established under the "Amended and Restated Declarations of Restrictions and Establishment of Easements Affecting Land" (attached) dated January 17, 2018. In reference to the Glenwood Parking Lot Exhibit, the mall, prior to subdividing the proposed lot, has 632 parking spaces in total. This exceeds the number of stalls required for compliance with the private parking agreement with FCEDA (600) but is a few spaces short of the parking required for zoning compliance (639). This was originally addressed, however, with the shared parking agreement with The River which provides the mall up to an additional 139 spaces if needed. The development of Creekside Commons subdivision will remove 101 parking spaces from the 632 existing spaces leaving the mall with 531 total spaces. With consideration of the shared parking between with The River, the additional 139 spaces of shared parking will bring the total number of spaces available to the mall to 670 spaces. Current and proposed parking spaces are summarized in the table below: Required Existing Proposed Mall Common Area 639 632 531 (Parking Lot) The River Shared Parking NA 139 139 Total Parking 639 771 670 13. The recommendations in the Geotech report prepared by Alpine Geotechnical in February 2022 relative to construction on the site shall be followed. All recommendations within the geotechnical report will be followed regarding onsite construction. ,0 City of Kalispell Planning Department June 10, 2022 20220429.00 Page 6of8 14. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature The above statement has been included on the final plat. 15. 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 Please see included email correspondence with Lawrence Golie, the City of Kalispell Postmaster, approving location and style of cluster box units for building. All engineering plans will be reviewed and approved during building permit and conditional use permit applications. 16. A letter shall be obtained from the Kalispell Parks and Recreation Director approving a landscape plan for the placement of trees and landscaping materials within the landscape boulevards of the streets serving the subdivision. The approved landscape plan shall be implemented or a cash in lieu payment for installation of the street trees and groundcover be provided to the Kalispell Parks and Recreation Department. Final landscape requirements will be reviewed through City Site Review process. Site landscaping will include trees and irrigation to meet the intent of the City's landscape boulevard requirements. To comply with other City preferences to locate the building on the east side of the property fronting Glenwood Drive with parking on the west end, a traditional boulevard will not exist with this development. The existing sidewalk is constructed directly adjacent to curb and gutter and there is insufficient right-of-way past the sidewalk for City landscape requirements. However, the landscape plan will include trees adjacent to the sidewalk to provide consistency and continuity of boulevard landscaping along Glenwood Drive, similar to the landscaping north and south of this project. 17. 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. The above statement has been included on the final plat. ,®r City of Kalispell Planning Department June 10, 2022 20220429.00 Page 7of8 18 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. The above statement has been included on the final plat. 19. 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 SI D for the purpose of financing improvements to area roads which will specifically benefit this subdivision." The above statement has been included on the final plat. 20. 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. A "Reciprocal Storm Water Drainage Easement" (attached) has been executed between the Westside CCC, Inc. and Housing Solutions which provides for the required easements of the storm drain on the property and the shared maintenance requirements for the storm drain facilities. In addition, a public access easement for the common roadway areas adjacent to the property have been prepared and executed for the shared roadway. Both of these easements will be recorded during final plat recording. 21. A minimum of two-thirds of the necessary infrastructure for the subdivision shall be completed prior to final plat submittal. There is no new infrastructure required to serve this one -lot subdivision. There will be site improvements installed as part of the overall site design for the proposed multi -family residential building which will be reviewed as part of the City's conditional use permit (CUP) process. This will include a water main extension for a fire hydrant; and sidewalks, off-street parking, and landscaping on the new parcel. 22. 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. All proposed utilities shall be installed underground as part of the overall site construction for the proposed multi -family residential building. This will include a water main extension for a fire hydrant; water and sewer services; electrical and fiber; and natural gas. Final construction shall approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. This will be ensured during the building permit and conditional use permit process. 23. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. There is no new infrastructure required to serve this one -lot subdivision. Water and sewer are available within the Glenwood Drive right-of-way. Sidewalks have City of Kalispell Planning Department June 10, 2022 20220429.00 Page 8of8 also been installed adjacent to curb and gutter along Glenwood Drive and there is not sufficient right-of-way for a boulevard and boulevard landscaping. There will be site improvements installed as part of the overall site design for the proposed multi -family residential building which will be reviewed as part of the City's conditional use permit (CUP) process. All areas disturbed during development shall be revegetated with a weed free mix after development. If you have any questions about the meeting of these conditions, please reach out to me immediately, Jeffrey.i.walla(a�imegcorp.com. Sincerely, I MEG Corp. Jeff Walla, P.E. G:\2021\21005914.00\Design\Civil\2_PLANNING\Final Plat\Condition of Approval Preliminary Plat 21005914.00.docx Development Services crrY Department Kalispell, MT 59901 1K,A]LISPEIL11, 201 1st Avenue East Phone (406) 758-7940 FINAL PLAT Email: planning(a�kalispell.com Website: www.kalispell.com Project Name Creekside Commons Property Address 76 Glenwood Dr. 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 and Flathead Food Bank Owner Phone Contact applicant/consultant Owner Address Contact applicant/consultant City, State, Zip Contact applicant/consultant Owner Email Address Letter is included as Consent to Plat CONSULTANT (ARCH ITECTIENGINEER) IMEG Corp Phone 406-257-1701 Address 322 2nd Avenue West Ste J City, State, Zip Kalispell, MT 59901 Email Address jeffrey.j.walla@imegcorp.com POINT OF CONTACT FOR REVIEW COMMENTS Jeff Walla Phone 406-257-1701 Address 322 2nd Avenue West Ste J City, State, Zip Kalispell, MT 59901 Email Address jeffrey.j.walla@imegcorp.com List ALL owners (any individual or other entity with an ownership interest in the property): Flathead Food Bank Inc., Westside CCC, Inc., Jobs Now, Inc., Glacier Bank Legal Description (please provide a full legal description for the property and attach a copy of the most recent deed): Please see included title report and approval from the Flathead County Clerk and Recorder for legal description JW Please initial here indicating that you have verified the description with the Flathead County Clerk and Recorder and that the description provided is in a form acceptable to record at their office. Development Services Department 201 t Kalispell, MT 59901KALISTELL Phone (406) 758-7940 1. Date of Preliminary Plat Approval May 2, 2022 - Resolution 6 2. Type of Subdivision: Residential Industrial Commercial_❑ PUDO Other 3. Total number of lots in Subdivision: 4. Land in Project (acres) 1.014 aCra3 5. Parkland (acres) o 8. Number of lots by type: Single Family Commercial/Industrial Townhouse (sublots) 6. Cash -in -lieu $ o 7. Exempt o Multi -Family Mobile Home RV Park Other INSTRUCTIONS FOR FINAL PLAT 1. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blank statements stating, for example, "all improvements are in place" are not acceptable. 2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. 3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars. REQUIRED SUBMITTALS Attached Not Applicable Cover letter addressing preliminary plat conditions w/ attachments Title Report (Original, not more than 90 days old) X Tax Certification (Property Taxes must be paid) Consent(s) to Plat (Originals and notarized) X Subdivision Improvement Agreement (Attach signed original & collateral) X Parkland Cash -in -lieu (Check attached) Water rights transfer Copy of CCR's X Plats (2 mylars & 1 electronic copy) - other attachments required per appendix D of subdivision regulations X I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval based thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to present on the property for routine monitoring and inspection during the approval and development process. dk lef June 8, 2022 Applicant Signature g Date 0501111111 k'11 Y k7 11 KALISPELL APPLICATION PROCESS (application must be received and accepted by the Kalispell Planning Department 30 days prior to the City Council Meeting) Application Contents: 1. Completed application form & attachments 2. Electronic copy of the application materials submitted. Either copied onto a disk or emailed to planning@kalispell.com (Please note the maximum file size to email is 201MB) Development Services Department 2011st Avenue East Kalispell, MT 59901 Phone (406) 758-7940 3. Electronic copy of the .dwg files of the final plat 4. Application fee based on the schedule below, made payable to the City of Kalispell: Minor Subdivision with approved preliminary plat $400 + $125 per lot Major Subdivision with approved preliminary plat $800 + $125 per lot Subdivisions with waiver of preliminary plat $800 + $125 per lot Subdivision Improvement Agreement $50 Filing Fee Attached $ 925 CITY OF KALISPELL August 3, 2022 Jeff Walla, PE Branch Office Manager IMEG Group 322 2nd Ave W — Suite J Kalispell, MT 59901 Re: Final Plat Conditions for Creekside Commons Dear Mr. Walla, The purpose of this letter is to address the Public Works related conditions required prior to Final Plat as referenced in the Resolution No. 6070. My understanding of the purpose of this final plat proceeding prior to all improvements having been approved or constructed is to allow financing of the lot to be obtained. Condition 3: New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City ofKalispell'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. Public infrastructure required to serve the apartment complex currently exists in Glenwood Drive, except for a water main extension which will provide an additional fire hydrant and provide for future extensions and main looping to other adjacent properties. These improvements will be provided prior to the certificate of occupancy. The civil design has been submitted and is currently under review, but not yet approved. However, because appropriate access to water and sewer currently exists to this proposed development, and the water main extension will be completed prior to the Certificate of Occupancy, Condition 3 is hereby deemed satisfied. Condition 4: Any water rights associated with the property shall be transferred to the City of Kalispell prior to final plat. No known water rights exist on the subject property which has been used commercially for decades. A DNRC water rights query was completed using the Water Right Query System and the geocode for the parent property, and no records were identified. Therefore, Condition 4 is hereby deemed satisfied. 201 1' Avenue E IPhone (406)758-7720 PO Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 www.kalispell.com Condition 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 not 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. The civil design has been submitted and is currently under review, but not yet approved. However, because this condition allows stormwater to be addressed as part of the building permit, all improvements will be required prior to Public Works signing off on the Certificate of Occupancy of the building through the building permit process. Condition 5 is hereby deemed satisfied. Condition 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. Condition 6 has not been met but will be required prior to the issuance of a Building Permit per the Building Permit process currently in place. No construction can proceed onsite without Public Works Approval, MDEQ Approval, and without a Building Permit. Since the construction cannot proceed without the approved erosion/sediment control plan, Condition 6 is hereby deemed satisfied. Condition 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. The work has not been accepted by the City of Kalispell because no construction has been completed on site or is necessary for final plat. A water main extension will be completed as part of the project and will be reviewed, approved and accepted prior to Certificate of Occupancy. Condition 7 is hereby deemed satisfied. Condition 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. A review of the submitted final plat has been completed by this office. Appropriate easements have been provided for the extension of the water main for the required fire hydrant and to allow future connection and extension of the water main for looping. If appropriate room is not available for the proposed water meters within the proposed easement, either an additional easement will need to be granted at no cost to the City or the services will need to come off of Glenwood Drive (not as they are currently shown in submitted plans). Condition 8 is hereby deemed satisfied. Page 2 of 3 As referenced multiple times in this letter, a water main extension is required to support future extension as well as to satisfy the requirements for fire protection. Additionally, storm sewer facilities need to be approved and constructed for this development. Efforts to complete the civil engineering design and approval process with the City of Kalispell and MDEQ should continue and this letter should not be construed as any type of approval for engineering design. We will continue our engineering review as stated and look forward to completion of a successful project. Sincerely, Keith Haskins, PE Deputy Public Works Director / City Engineer CC: PJ Sorensen — Senior Planner Page 3 of 3 Montana Department QA�dlfth—,, of Environmental Quality May 31, 2022 Anna Vickers IMEG Corp 322 2nd Avenue West Suite J Kalispell MT 59901 Dear Ms. Vickers; RE: Creekside Commons Municipal Facilities Exclusion EQ# 22-2551 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the Declaration can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Creekside Commons Municipal Facilities Exclusion will consist of 1 Lot. Sincerely, Margarite J arez Thomas Section Supervisor Engineering bureau Denartment of Enviromnental Quality (406) 755-8956 Email ;vlJuarezThomas(a�mt.gov cc: City Engineer County Sanitarian Owner file Greg Gianforte, Governor I Chris Dorrington, Director I P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov CITY OF KALISPELL June 25, 2021 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Creekside Commons Dear PJ: Kalispell Parks & Recreation 306 1st Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7715 Fax (406) 758-7719 This letter is to serve as approval on the proposed landscaping plan for the boulevard adjacent to Glenwood Drive for Creekside Commons, per plans submitted by IMEG Corp. on August 4, 2022. It is agreed that if the project is extended, the developer will be responsible for submitting bonding for the remaining improvements as specified on the submitted plan for Creekside Commons. The bond may not be longer than a period of 12 months. Tree plantings are required to meet the Street Tree Ordinance standards of 2 t/4" caliper and have a 4-foot fibrous mulch around them in addition to meeting ISA planting standards. Prior to installation of the trees, the developers landscape contractor is to contact our Parks Superintendent prior to any tree plantings about proper planting protocols and submit a planting permit. Rock in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized prior to installation. This is for approval for the boulevard area Final approval will be given upon completion, inspection and approval of the landscaping and tree plantings at which time any bonding that has been submitted will be released after acceptance completed landscaping. It should be noted that the trees and landscaping are under a 2-warranty period and should they die within this time frame, the developer will be responsible for replacement. Our warranty period will not begin till our arborists accepts them meeting ISA standards, our landscape ordinance, and our forestry ordinance. If you have any concerns or questions, please give me a call. Sincerely, Chad Fincher, Parks and Recreation Director Kalispell Parks and Recreation VNVINOW '11]dSllV) Dll Sd3NidVd asm S1N3NidVdV GOOMN319 1*1111111 ILLLI �3 Anna M. Vickers From: Jeff J. Walla Sent: Tuesday, June 7, 2022 9:33 AM To: Anna M. Vickers Subject: FW: [EXTERNAL] Creekside Commons - New Cluster Box Unit Location This is the best email response from Lawrence that essentially approves the mailbox location. Jeff Walla, PE Branch Office Manager <:IMEG IMEG Corp. 322 2nd Avenue West Suite J Kalispell, MT 59901 (406) 257-1701 1 phone (406) 871-2404 1 mobile (406) 721-5224 1 fax jeffrey.j.walla@imegcorp.com website I my linkedin I vCard I map I regional news Muln Learn more about us and the IMEG story! This email may contain confidential and/or private information. If you received this email in error please delete and notify sender. From: Golie, Lawrence A - Kalispell, MT <Lawrence.A.Golie@usps.gov> Sent: Monday, May 23, 2022 5:41 PM To: Jeff J. Walla <Jeffrey.J.Walla@imegcorp.com> Subject: RE: [EXTERNAL] Creekside Commons - New Cluster Box Unit Location External Email: Treat links and attachments with caution. Jeff - I agree that in this instance the Wall Unit will be good for the 55 and over community that you have proposed. We also agreed that larger boxes would be given to the office. Do you have addresses yet and if you do please send them. I will wait for the letter for the answer.. 36 deliveries or more I forgot. Thanks Jeff Larry A. Golie Postmaster 350 N. Meridian RD Kalispell, MT 59901-9998 W- 406-257-9796 C- 406-210-0414 X,�,LISPELL FIRE DEPARTMENT Dan Pearce — Fire Chief PO Box 1997 Jessica Kinzer Assistant Chief 312 First Avenue East Cec Lee Fire Secretary Aft Kalispell, Montana 59901 Phone: (406) 758-7760 IWW FAX: (406) 758-7777 Re: Creekside Commons Fire Hydrants July 6, 2022 Upon review of Creekside Commons project, in addition to the hydrant located on Glenwood Dr., the Fire Department approves the location of the additional hydrant on the SW corner of the project. This is referenced to the below picture, hydrant location circled in yellow as relates to the building. The hydrant is not required for the final plat, but will be required to be installed with the construction of the building. This letter serves as the approval of that additional hydrant and its location. Daniel Pearce Fire Chief City of Kalispell "Protecting our connnunity with the highest level ofprofessiomalism" 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 A w E R, Subdivision Guarantee *} 7 f I tAmerican Title ISSUED BY 7;F �60 First American Title Insurance Company GUARANTEE NUMBER Guarantee 5010500-1022075-FT Subdivision or Proposed Subdivision: Creekside Commons 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, Creekside Commons, LLLP 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. EXCEPTING THEREFROM TRACT A OF THE AMENDED PLAT 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. 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; AND Amendment to Declaration of Unit Ownership for the Westside Condo, recorded February 28, 2022, as Doc. No. 2022-000-05199, records of Flathead County, Montana. File No. 1022075-FT Page 6 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 (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. 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. 2. 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) File No. 1022075-FT Page 7 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 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) 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 PAID 0508365 Condo 2 2021 $40.37 PAID $40.36 PAID 0508366 Condo 3 2021 $679.81 PAID $679.78 PAID 0508367 Condo 4 2021 $40.37 PAID $40.36 PAID 0508368 Condo 5 2021 $450.32 PAID $450.29 PAID 0508369 Condo 6 2021 $839.59 PAID $839.59 PAID 0508371 Condo 7 2021 $40.37 PAID $40.36 PAID 0508372 Condo 8 File No. 1022075-FT Page 8 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 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. 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. File No. 1022075-FT Page 9 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 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 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.. File No. 1022075-FT Page 10 of 14 Guarantee Face Page - Exclusions, Conditions and Stipulations Form 5010500 7-1-14 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). 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; AND Amendment to Declaration of Unit Ownership for the Westside Condo, recorded February 28, 2022, as Doc. No. 2022-000-05199, 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: May 11, 2022 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 ®------------------ NE m sg �� �_�---1__—�� MrNp•E b3 1 r; L_ } i 01 1 � a o o O �( I •' A f: r I�wl Q � m (l l :{ '[ i1 I l oil' 4 1 i 1 Ts, z i 9 y \\ \+ aD I \\ 'ill I TI 9 m fill 11 g'y T ^�i �A _ 3= ic GLENYyoop pRryE (eo'riwenpya ) — ._.._F_�_�_d_ A ---------- _ ----------- ---- -----------------------i------ -------- 1� Z a v ------- - - _ rt M co — _ 3 can 00 CnCD `G .emu•►• �. 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Papa: 1 of 42 Feea 294.00 Debbie Pierson, Flathead County MT by AC 12/30/2020 1:18 AM After recording return to: Vincent G. Rieger Law Office of Vincent G. Rieger, P.C. 4 Meridian Court Kalispell, MT 59901 DECLARATION OF UNIT OWNERSHIP FOR THE WESTSIDE CONDO This Declaration of Unit Ownership is hereby made and entered into this 301h day of December, 2020, by Westside CCC, Inc., a Montana not for profit corporation (the "Declarant") whereby the real property and improvements hereinafter described are submitted and subject to the Montana Unit Ownership Act pursuant to Section 70-23-101, et. seq., Montana Code Annotated. I. DEFINITIONS Unless the context expressly provides otherwise, the following definitions shall pertain throughout this Declaration and in the interpretation thereof. 1. Aggregate Voting. Shall mean the entire number of votes represented or available to vote in person or by proxy in a particular circumstance. Those paragraphs providing for the vote of the Unit Owners shall mean that each Unit shall have the number of votes corresponding to the number of square feet contained within the Unit compared to the total square footage of all of the Units and as set forth on Exhibit "C" notwithstanding the number of Owners of that Unit. 2. Association. Shall mean the Westside Condo Owners Association, a Montana non-profit corporation, which represents all of the Owners of the Units in the Westside Condo acting as a group and in accordance with duly adopted Bylaws and this Declaration. 3. Board of Directors or Board. Shall mean the Board of Directors of the Association as more particularly defined in the Bylaws. 4. Building. Shall mean the building containing the condominium units. 5. Bylaws. Shall mean the Bylaws, Covenants and Restrictions promulgated by the Association under this Declaration and the Unit Ownership Act. iiiiiiiiiiiiiiinommMillimill'I, Page: 2 o 04403 Foes: $294.00 12/30/202011:18 AM 6. Common Exterior Area. Shall mean the common exterior areas situated outside of the Building and as shown on the Site Plan which is attached hereto as Exhibit "B. " 7. Common Expenses. Shall mean expenses of administration, maintenance, repair, or replacement of general common elements, expenses agreed upon by the Association of all Unit Owners, expenses set out herein and in the Bylaws, and expenses declared common by the Unit Ownership Act. Individual heating and air conditioning units and hot water heaters, and the like, for each Unit shall be considered limited common elements the sole responsibility of the Unit Owner and shall not be included in common expenses. 8. Common Interior Area. Shall mean the interior corridors and related interior spaces situated within the Building and as shown on the Site Plan which is attached hereto as Exhibit "B. " 9. Declaration. Shall mean this document and all parts attached hereto or incorporated by reference. 10. FCEDA. Shall mean Flathead County Economic Development Agency. FCEDA is the co-owner of the Gateway Community Center along with the Declarant. 11. FCEDA Property. Shall mean the real property owned by FCEDA that is contiguous to the subject real property. 12. Gateway Commugily Center. Shall mean the real property subject to this Declaration plus the contiguous real property owned by FCEDA. 13. General Common Elements. Includes all those elements which are for the use of all owners, invitees, and guests and tenants of owners of the Westside Condo. Specifically included are: The Common Interior Area, the Common Exterior Area, the land on which the building is situated, walkways, footings, foundations, framework, columns, trusses, supports, roof, exterior and interior structural walls, gutter and vertical roof drains, all or any centralized heating and air conditioning facilities, all or any hot water heaters supplying hot water to all facilities, water softener, electrical lines, gas lines, telephone lines, television cable, water lines, sewer lines, and connections serving all of the units, skylights, signs, outdoor lighting, structural components of the building, other materials and improvements, the designated parking areas to the North, West, East and South of the Building, hallways, stairs, carpeting on hallways and stairs, sidewalks, lawn areas, underground sprinklers, benches, curbs, shrubbery, sod, and other elements necessary for the safety, maintenance and existence of the condominium in which each Unit Owner shall have his designated percentage of interest, as hereinafter set forth. 14. Limited Common Elements. As used in this Declaration, shall mean those common elements which are reserved for the use of fewer than all of the Owners, invitees and guests of Owners of the Units in the Westside Condo. Specifically, as to any given Unit Owner or Owners, limited common elements shall mean the following common elements which are located within or affixed to the building containing the Unit in which the elements are located or situated on the real property known as the Westside Condo. The windows, heating and air 1011111N'0MMIN1I001111II11, Page: 3 o 04403 Fees: $294.00 12/30/2020 11:18 AM conditioning, boilers or furnaces, equipment and accessories, air conditioning and heating ducts where they service a particular Unit from the separate heating and air conditioning system, and any flues, chimneys, ducts, cables, conduits, public utilities lines, water, sewer, electrical, gas and cable television lines, and hot and cold water pipes, and all such utilities pipes and lines, being limited common elements where they service only one of the Units or less than all of the Units, entrances, and storage area designated for a Unit, and fixtures and/or portions of the building servicing only a particular Unit or less than all of the Units. A percentage of the separate Unit's interest in the limited common elements shall be computed by determining the number of Units that have use of the limited common elements, and then taking the square footage of each such Unit and dividing by the square footage of the Units or all of such Units making use of the particular limited common element. Such percentage shall be the same as the percentages used to compute the percentage of interest of the Unit Owners in the general common elements as are set forth in this Declaration. 15. Limited Common Expenses. Shall mean the expenses attributable to the maintenance, repair and replacement of limited common elements. 16. Manager. Shall mean the manager, the Board of Directors, management corporation, or any other person or group or persons retained or appointed by the Board, or by the Association of Unit Owners for the purpose of conducting the day-to-day operation of the Westside Condo. 17. Master Covenants. Shall mean the Amended and Restated Declaration of Restrictions and Establishment of Easements Affecting Land which is dated January 17, 2018 and recorded in the official records of Flathead County, Montana at Reception No. 201800002574 (the "Master Covenants"). Such Amended Declaration governs the entirety of the Gateway Community Center and provides for the management, operation, and assessments related to Gateway Community Center. The Association and the Units within the Westside Condo are subject to governance as set forth in the Master Covenants. The Association, as the representative of the Unit Owners, shall be liable for assessments payable pursuant to the Master Covenants. 18. Pro e . Shall mean all the land, buildings, improvements and structures thereon and all easements, rights and appurtenances belonging thereto, which are herewith submitted to the Unit Ownership Act. 19. Rules and Regulations. Shall mean any rules and regulations duly adopted by the Board pursuant to the Bylaws. 20. Unit. Shall be a separate condominium unit of the Westside Condo and is a parcel of real property including and containing one or more rooms intended for any type of authorized use as specified in Article VIII. 21. Unit Designation. Is a number that identifies the designated Unit. 22. Unit Owner or Owners. Shall mean the person or persons owning a fee simple absolute, or one who is a co-owner in any real estate relationship that is recognized under the 20200004403 page27 Fees: $294.00 12/30/2020 11:18 AM laws of the State of Montana, in one or more Units of the Westside Condo. II. NAME AND ADDRESS The property subject to this Declaration shall be known as the: "WESTSIDE CONDO" The address of the Westside Condo is 1203 U.S. Highway 2 West, Kalispell, Montana, 59901. III. REAL PROPERTY 1. Description. The real property which is by this Declaration submitted and subject to the Montana Unit Ownership Act is described as follows: Lot 1 A of the Plat of Gateway Community Center (Plat 420170075), according to the official map or plat thereof on file and of record in the Clerk and Recorder of Flathead County, Montana excepting therefrom Parcel A of Glenwood West (Plat #20190092), according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. IV. GENERAL DESCRIPTION OF BUILDING 1. Building. The building subject to this Declaration and located on the above - described real property is primarily a one-story building that was formerly a portion of the Gateway West Mall and is now a portion of the Gateway Community Center. The portion of the building owned by FCEDA is not subject to this Declaration. 2. Units. Contained within the Westside Condo are eight (8) separate Units. Each Unit shall be subject to the provisions of this Declaration, the Bylaws of the Association, and all or any covenants running with the land to which this Declaration is subject. These restrictions, covenants and provisions, shall be binding upon the Unit Owners, their heirs, successors, personal representatives and assigns, for so long as this Declaration and related Bylaws are in effect. 3. Materials. The principal materials utilized in construction of the Building are as follows: (a) Foundation: Concrete (b) Structural Walls: Concrete blocks and structural steel (c) First level floor: Concrete Slab (d) Beams and posts for the interior and exterior walls: Structural steel columns INIIIIIIIN IMMINIIIIIII ft9e0000442 Fees. $294.00 12/30/2020 11:18 AM (e) Roof and roofing materials: EDPM, PBC white rubber membrane 4. Exterior Finish. The exterior of the Building is finished with cinder blocks, wood, and metal. 5. Parking. The parking area consists of nine hundred sixty-six (966) parking spaces located to the North, West, South and East of the Building which shall be maintained by the Association. The parking area is surfaced with asphalt. The parking area is for the use of the owners, tenants, clients and guests of the Westside Condo and the Gateway Community Center. The parking area and costs of maintenance are shared with FCEDA. V. DESCRIPTION OF UNITS 1. Designation and Square Footage of Units. There are eight (8) Units in the Westside Condo. The designation of each Unit will be by number. The designation and square footage of each Unit is more specifically set forth on Exhibits "C" and "D" which are attached hereto and incorporated by reference. 2. Location. The specific location of each of the Units in relation to each other may be determined by review of the floor plans attached to this Declaration as Exhibit "A " and the site plan attached to the Declaration as Exhibit "B" and by reference are made a part hereof. 3. Unit Boundaries. Each Unit shall include the part of the Building containing the Unit that lies within the boundaries of the Unit as described above and as more particularly appears on the attached floor plans. Unit boundaries are as follows: (a) Upper and Lower Boundaries. The upper and lower boundaries of the Units shall be the following boundaries extended to an intersection with the perimetrical boundaries: (i) Upper Boundary. The plane of the under side of the ceiling of each Unit. (ii) Lower Boundary. The plane of the surface of the floor of each Unit, not including carpeting, tile or other floor coverings. (b) Perimetrical Boundaries. The perimetrical boundaries of the Units shall be the following boundaries extended to an intersection with the upper and lower boundaries: (i) Exterior Building Walls. The intersecting vertical planes adjacent to and including the interior sheathing or wall covering of the outside walls bounding a Unit. (The interior surface of the outside walls.) (ii) Interior Building Walls. The vertical planes of the center line of the walls between the Units extended to an intersection with the other perimetrical boundaries. 1119111W010M 1S01011111W1 Peye: G o 04403 Fees: $294.00 12/30/2020 11:18 AM (c) Finished and Unfinished Surfaces. The Owners of the respective Units own the undecorated and/or unfinished surfaces of the perimeter walls, floors and ceilings surrounding the Unit. The Owner shall not be deemed to own pipes, wires, conduits, or other public utility lines running through said respective Units which are utilized for, or serve more than one (1) Unit, except as tenants in common with the other Unit Owners as heretofore provided. Said Owner shall be deemed to own the interior walls and partitions which are contained in said Owner's respective Unit, (except where the same are structural or bearing walls, which shall be common elements), and also shall be deemed to own the finished surfaces of the perimeter walls, floors, and ceilings, including plaster, paint, wallpaper, etc. VI. GENERAL COMMON ELEMENTS 1. Common Elements. The common elements are generally described in Article I of this Declaration. 2. Common Element Easements. A non-exclusive right of ingress and egress and support through the common elements is appurtenant to each Unit and all of the common elements are subject to such right. 3. Percentage of Interest. The percentage of interest of each Unit Owner in and to the General Common Elements is specifically set forth on Exhibit "C" attached to this Declaration and by reference made part hereof. VII. LIMITED COMMON ELEMENTS The interest of each Unit Owner in and to the Limited Common Elements shall be computed by determining the number of Units that have use of the Limited Common Elements and taking the percentage of square feet of each such Unit and dividing it by the total number of square feet of all of the Units making use of the particular limited common element. VIII. USE OF BUILDING AND UNITS 1. Use. The Westside Condo and the Units therein shall be used as a human service campus assisting Flathead and neighboring counties in Northwest Montana. The Units shall be utilized by both non-profit and for -profit organizations for purposes consistent with the vision and mission of the Gateway Community Center. Designated Units, and certain areas within the Common Interior Area, may be utilized by food service purveyors providing food service beneficial to the occupants, clients, and visitors to the Gateway Community Center. Residential uses are prohibited. 2. Interior Remodeling. Each Unit Owner shall have the exclusive right to paint, repaint, tile, wax, paper, panel, carpet, brick or otherwise maintain, refinish, and decorate the inner surfaces of the walls, ceilings, floors, windows and doors bounding its Unit, and the interior thereof, so long as such Owner does not affect the structural integrity of the building. 101111I11N11®10IN11II11, 2P"a000044037 F"&- $294.00 12/30/2020 11:18 AM Any remodeling must be approved by the Board and shall not be done so as to interfere with, bother, annoy, or otherwise disturb other Unit Owners and their invitees or guests. Costs of interior remodeling will be at the sole expense of the Unit Owner. The Board shall not act arbitrarily or capriciously in governing or permitting work on the Units. 3. Maintenance and Obstructions. There shall be no obstruction of the common elements nor shall anything be stored in or on the common elements without prior consent of the Board. Each Owner shall be obligated to maintain and keep in good order and repair his own Unit. 4. Insurance Restrictions. (a) Nothing shall be done or kept in any Unit or in the common elements which will increase the rate of insurance on the building or contents thereof without the prior written consent of the Association. (b) Any increase in the Association's insurance costs due to the specific use of a Unit by a Unit Owner (such as food service) shall be at the sole expense and obligation of the appropriate Unit Owner. The Association shall document any such increase and invoice the Unit Owner accordingly. (c) No Owner shall permit anything to be done or kept in his Unit or in the common elements which would result in the cancellation of insurance on the building or contents thereof of which would be in violation of any law. No waste will be permitted in the common elements. 5. Suns. Owners shall not cause or permit anything to be hung or displayed on the outside of the windows or placed on the outside walls of the building and no air conditioning, sign, awning, canopy, additional utility or service, radio or television antenna, shall be affixed to or placed upon the exterior walls or roof or any part thereof, without the prior written consent of the Board. Any advertising in and around the building in any fashion must first be approved by the Board and also shall be in compliance with the City of Kalispell sign ordinance, as now existing or amended. 6. Unlawful Use/Nuisances. No nuisances shall be allowed upon the property nor shall any use or practice be allowed which is a source of annoyance to Owners, invitees or guests or which interferes with the peaceful possession and proper use of the property. No immoral, improper, offensive or unlawful use shall be made of the property nor any part thereof and all applicable valid laws, zoning ordinances, and regulations of all governmental bodies having jurisdiction thereof shall be observed. 7. Structural Integrity. Nothing shall be done in any Unit or in, on, or to the common elements which will impair the structural integrity of the building or which would structurally change the building, except as is otherwise provided herein. 8. Alterations. Nothing shall be altered or constructed in or removed from the IIIIIINININNr11NN■INIINIINII Pa9e008000237 Fees: $294.00 12/30/2020 11:18 AN common elements, except upon the written consent of the Association. 9. Exclusive Ownership. Each Owner shall be entitled to exclusive ownership and possession of their Unit. Such Owners may use the common element and limited common elements in accordance with the purposes for which they are intended and as they may otherwise agree between themselves, so long as they do not hinder or encroach upon the lawful rights of other Unit Owners. 10. Membership. An Owner of a Unit in the Westside Condo shall automatically become a member of the Association and shall remain a member of said Association until such time as ownership of a Unit ceases for any reason, at which time membership shall automatically cease. 11. Failure to Comply. Each Owner shall comply strictly with the provisions of this Declaration, the Bylaws, Covenants and Restrictions of the Association, and the Rules and Regulations promulgated by the Association. Failure to comply with any of the same shall be grounds for an action to recover sums due, for damages or injunctive relief or both, and for reimbursement of all costs, including attorney's fees incurred in connection therewith. An action shall be maintainable by the Board or its duly authorized agent in the name of the Association on behalf of the Owners or by an aggrieved Owner where there has been a failure of the Association to bring such action within a reasonable time. 12. Division or Combination of Units. Except as provided in the Bylaws of the Association, no Unit may be divided or combined with another Unit without the approval of the Board. The Declarant shall be free to divide or combine Units as it deems necessary. If Units are divided or combined, this Declaration shall be amended to reflect the revised floor plans of the Units and to designate the corresponding voting rights of the Unit Owners, 13. Master Covenants. The Unit Owners, the Units, and the Association, are subject to the terms and conditions of the Master Covenants as the entirety of the Westside Condo is situated within the Gateway Community Center and the Gateway Community Center is governed by and subject to the Master Covenants. 14. Reserved Rights of Declarant. The Declarant reserves the right to partition, subdivide, remove, terminate, combine, and sell its Units and create additional smaller or larger Units, in the Declarant's sole discretion. Upon any such subdivision or combination of Units an amendment to this Declaration and the attached floor plans and site plan shall be prepared and recorded. IX. VOTING RIGHTS In all matters pertaining to the operation of the Westside Condo, to include changes and/or amendments to this Declaration, amendments in policies, and all or any matters requiring a vote of Unit Owners, except for matters pertaining to the amendment of the Bylaws as is provided in Section 70-23-307(3), MCA, each Unit Owner shall be entitled to the number of votes corresponding to the Unit's square footage as a percentage of the square footage of all of P+9e090427 Fees: $299.00 12/30/2020 11:18 AM the Units and as set forth on Exhibit "C. " If a Unit is divided into two or more smaller Units, or if Units are combined into a larger Unit, each resulting Unit shall be entitled to the number of votes corresponding to the Unit's square footage as a percentage of the square footage of all of the Units. Any measure adopted shall require the affirmative vote of the Unit Owners owning two-thirds (2/3) of the square footage. Nothing in this provision, however, is intended to modify or amend the statutory provision hereinabove set forth that an amendment of the Bylaws shall not be effective unless such amendment is approved by seventy-five percent (75%) of the Unit Owners. The Declarant has intentionally decided and mandated that voting rights shall be based on a percentage of interest or square footage basis rather than a per Unit basis. X. AGENT FOR SERVICE The individual who is designated as an agent for service of process pursuant to Section 70-23-301(7), MCA, is: Vincent G. Rieger. The address where said agent may be served within Flathead County is 4 Meridian Court, Kalispell, Montana, 59901. XI. INTERPRETATION The provisions of this Declaration and of the Bylaws to be promulgated and recorded herewith shall be liberally construed to effectuate the purposes of this Declaration and Bylaws and to subject the Westside Condo to the provisions of the Unit Ownership Act. XII. MISCELLANEOUS 1. Benefit. Except as otherwise provided herein, this Declaration shall be binding upon and shall inure to the benefit of the Declarant, the Association, and each Unit Owner, and the heirs, personal representatives, successors and assigns of each. 2. First Lien Holder. First lien holders shall have the right to examine the books and records of the Association and the Manager. A first lien holder, upon request, will be entitled to written notification from the Association of any default in the performance by an individual Unit Owner of any obligation under the condominium documents which is not cured within sixty (60) days. 3. Warranties. The Declarant expressly makes no warranties or representations concerning the Westside Condo, the Units, the Declaration, the Bylaws, or deeds of conveyance except as specifically set forth therein and no one may rely upon such warranty or representation not so specifically expressed herein. 4. Condemnation. In the event there is a condemnation of all or part of the real property subject to this Declaration, any or all of the Unit Owners shall have the right to contest said condemnation. If there is a partial condemnation the Condominium shall be realigned as equitable. 5. Insurance Coverage. IWWIII�WBWWIIWWWWI�WWII�WW 00 02' 12/30/2020 11:18 M (a) The Association shall obtain a comprehensive policy of public liability insurance and property damage insurance with such coverages and limits as the Board may from time to time determine. However, in no event shall such coverages or limits be less than $1,000,000. The Association, at its discretion, may obtain a directors and officers errors and omissions insurance policy. All insurance policies relating to the Common Elements will be purchased by the Association. Declarant shall be included in the coverage as an additional insured. The Board will review the coverage limits from time to time, but, generally, the Association will carry such amounts of insurance usually required by private institutional mortgage lenders on projects similar to the Westside Condo, and in no event will such coverage be less than $1,000,000 for all claims for bodily injury or property damage arising out of one occurrence. The policies will contain a waiver by the insurer of any right to claim by way of subrogation against Declarant, the Board, the Association, and any Unit Owner and their respective agents, employees, or tenants. (b) Each Owner shall obtain insurance for such Owner's benefit, at such Owner's expense, covering the Owner's Unit, personal property and personal liability. Any such insurance obtained by an Owner will include a waiver of the particular insurance company's right of subrogation against Declarant, the Board, the Association, the Manager, and the other Unit Owners. 6. Utility and Structural Easements. Easements are reserved through the condominium property as may be required for utility service, including water, sewer, power, telephone, natural gas, and cable television. Every portion of a unit which contributes to structural support of the building shall be burdened with an easement of structural support for the benefit of the common elements. 7. Right of Access. The Association shall have the irrevocable right to have access to each Unit from time to time during reasonable hours as may be necessary for the maintenance, repair or replacement of any of the common elements therein or accessible therefrom or for making emergency repairs therein necessary for maintenance, repair or replacement of any of the common elements therein necessary to prevent damage to the common elements or to the Unit. Damage to the interior or any part of the Unit resulting from maintenance, repair, emergency repair, or replacement of any of the common elements or as a result of an emergency repair within another Unit at the insistence of the Association shall be designated a common expense by the Association and assessed in accordance with such designation. 8. Exhibits. The following Exhibits are attached hereto and are incorporated by reference: Exhibit "A-1 " through "A-8" - Floor plans of the Westside Condo showing each Unit's floor plan and square footage. Exhibit "B " - A site plan of the Westside Condo, showing the various Units, the Common Exterior Area, the Common Interior Area, and the FCEDA tract. 10 JEJJJ JNJNMNNN§N®JIIH■ J Dye u of 2 12/30/2020 11:18 AM Exhibit "C" - A schedule of percentage of interest in the general common elements showing square footages and percentages for voting purposes. Exhibit "D"— Professional Land Surveyor's Certificate. Exhibit "E" - Bylaws, Covenants and Restrictions. 9. Notice. Any notice to be given pursuant to this Declaration or involving Association business shall be in writing and may be provided electronically via e-mail to the e- mail address designated by the Owner. All Owners shall provide their designated e-mail address to the Association. Any Owner or other party wishing to change its designated e-mail address shall do so by providing notice in writing to the Association. Rejection or other refusal to accept or the inability to deliver because of a changed e-mail address of which no notice was given shall be deemed to be a receipt of the notice. 10. Certificate of subdivision exemption. The undersigned hereby certifies that the purpose of the division of land shown in this Declaration of Unit Ownership is exempt from review as a subdivision in accordance with the provisions of Section 76-3-203(2), MCA, lots within incorporated cities and in conformance with applicable local zoning regulations. 11. Certificate of D.E.Q. exemption. The undersigned hereby certifies that the purpose of the division of land shown in this Declaration of Unit Ownership is excluded from sanitation review by the Montana Department of Environmental Quality pursuant to Section, 76- 4-125(1)(d)(iii), MCA, divisions or parcels of land that are exempt from the Montana Subdivision and Platting Act review under 76-3-203. XIII. SEVERARILITY The provisions hereof shall be deemed independent and severable and the invalidity or partial invalidity or enforceability of any one or more provisions shall not affect the validity or enforceability of any other provisions hereof. IN WITNESS WHEREOF, the Declarant has caused this Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, Section 70-23-101, MCA. WESTSIDE CCC, INC. : C is arson Its: President 11 IIINIIIlimullorllllolllli®l °9e $l°2z°��4042 3 00 12/30/2020 11:18 AN STATE OF MONTANA ) ) ss County of Flathead ) On this 30'' day of December, 2020, before me, a Notary Public for the State of Montana, personally appeared Chris Parson, as the President of Westside CCC, Inc., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. 4 of u lic for a State of Montana �+7 o RiF VINCEW G RIEGER Residing at Kalispell, Montana NOTARY PUBUC for the M Commission Expires: April 1 2024 • SEAL State of Montana Y P P Residing at Kalispell, Montana yr Pie My Commission Expires F O April 1, 2024 12 OzozO00 � 12/30/2020 11:18 AM EXHIBIT A-1 CONDO 1 FLOOR PLAN 26'-4" I 8 � 110'-7y" N P�9P SF �t QvP��jt GOt�F�g6 co 96' V 27,421 SQ. FT. mob. 10'-0' N COMMON = COMMON EXTERIOR = EXTERIOR 13'-11" AREA AREA 137'-4X" COMMON EXTERIOR AREA N Note, Area and building dimensions to center of 2s 0 25 so SCALE FEET wall unless along lines adjoining Lot 1 B Plat of Gateway Community Center. Dimensions L) to property line along Lot 1 B Drown By Surveys ApprovedBy Pro ect No. Dote J.STEFANIK J. STEFANIK M. ROHWEDER �004-01072 12 18 2020 0eC 18. 2020 - 2.13pm - K:1Pro)acts\BsnslnshFw*80FoodBaNd2004 01072_Food Bank Survey%CALAFull Condos_Revlsed.dwg (EMbB A-1) K.I 201 11MIIII MMUINIINNEEN111111 12/30/2020 11:18 AM EXHIBIT A-2 CONDO 2 FLOOR PLAN 0 fV 2 N 16,356 SQ. FT. Z 9�. COMMON N EXTERIOR AREA 63'-8" N � Area and building dimensions to center of �('r0 ` , 20 0 20 a0 scue unless along lines adjoining Lot 16 Plot of of Gateway Community Center. Dimensions 6g Fir �� to property line along Lot 1 B e 12 18 2020 RevfseE.dwg (E A-2) rown y J.STEFANIK Surveyed J. STEFANIK Approved y M. ROHWEDER ro set L004-01072 Dec 18, 2020 - 2:10pm • K:lprojects%e3nsinst%FlatheadFoodBanld2004 01072 Food Bank SurveykCADtFWI Condos 201 ft�1®ulllllu®ID�IIIOI�IpupllOnplllpllNlpp�IlDz5°' �..: ;294.00 12/30/2020 11:18 AN EXHIBIT A-3 CONDO 3 COMMON EXTERIOR FLOOR PLAN AREA 63'-5Y2" yA� NORTH LOFT N O/ 4;9n SOUTH LOFT �N M M 3 9,833 SO. FT. COMMON EXTERIOR AREA A a 4'-0- N t 63'-6" F10 0 17 20 Area and building dimensions to center of SCALE reEr wall unless along lines adjoining Lot 1 B Plat of Gateway Community Center. Dimensions to property line along Lot 1 B <<, 2020 ]0 wn By J.STEFANIK SurMedY J. STEFANIK MPS M. ROHWEDER Pro ect No. 004-01072 Da e 1 12 10 pee 11, 2020 -128pm - C:UJoersyustkistefa*%appdataVoakwV r 182181Fuu CWWOS.dwg (E)hbit A3) IWIIIIQW®WWWWWIIWWMIWIIMIWW 020°16°�' F.e< $29C00 12/30/2020 11:18 AM EXHIBIT A-4 CONDO 4 FLOOR PLAN COMMON EXTERIOR �• AREA r a I' COMMON , 4 EXTERIOR 00 21,677 SO. FT. AREA co N e� r7 e- N 26'-5Yz° 37'_By• COMMON 25 0 25 so Area and building dimensions to center of INTERIOR SCALE FEET wall unless along lines adjoining Lot 1 B Plat AREA of Gateway Community Center. Dimensions to property line along Lot 1 B << rawn By urvey Approv 6y ject o. Date J.STEFANIK J. SEFANIK M. ROHWEDER 2004-01072 12 10 2020 Dec 11, 2020 - 1:28pm - C:1Useroyus8nstefanik%appdetaYocamtempWcPubllsh_182181FulI condos.awg (Exnat A-4) KLI 202 ®�Illlin®g1�11101®Ia�II�O�I�ll�lgl�p °�� 1°017 f U s294.00 12/30/2020 11:18 AM EXHIBIT A-5 CONDO 5 FLOOR PLAN "ote: Area and building dimensions to center of wall unless along lines adjoining Lot 1B Plat of Gateway Community Center. Dimensions to property line along Lot 1B 5 0 6 10 SCALE FEET KLI IDWIIIuJ§JWJ§WJM 1 JJJJJIJ °9e° 37. = 12/30/2020 11:18 AM EXHIBIT A-6 CONDO 6 FLOOR PLAN Note: Area and building dimensions to renter of wall unless along lines adjoining Lot 1 B Plat of Gateway Community Center. Dimensions to property line olong Lot 1B b 0 b f0 SCALE FffT pul Jjjjjjjjj§jN®®®111jjIIjjjr0.2°01090 ?7 fees: $294.00 12/30/2020 11:18 AM EXHIBIT A-7 CONDO 7 FLOOR PLAN COMMON EXTERIOR AREA Note: Area and building dimensh wall unless along lines ad; of Gateway Community Ce to property line along Lot P,°9asooa 2 12/30/202011:18 AN EXHIBIT A-8 CONDO 8 FLOOR PLAN 0 11'-6" 22'-2" 14'-5Y" --- - w F Z w U VI O W � 0 0 Q U Q g 8 • Q w 3 w O. E 1' sY " w— ,. l� =dLi O iUX OQ N g n O Z v U m 110'.7j�" o J 1 N Note• Area and building dimensions to center of 10 0 10 20 wall unless along lines adjoining Lot 1B Plat SCAM FEET of Gateway Community Center. Dimensions L to property line along Lot 1 B <<, �K� � rcwn By Surveyed By Approve J.STEFANIK J. STEFANIK M. RO Projject No. ate WEDER 1004-01072 12 10 2020 Dec 11,2020-129pm-C:%UsomqustlnstafanhlappaatavoceMempWCPubli3h 1e2/01FWCOWas.owg(MiDit A-8) :� 37 IWIu�II"u��®I®ItIIuIWIWWIII1YYW 0200$220 :00 12/30/2020 11:18 AN PLAT OF GATEWAY COMMUNITY CENTER (COMMON EXTERIOR AREA) 491,275 SO. FT. Note: Area and building dimensions to center of wall unless along lines adjoining Lot 1 B Plat of Gateway Community Center. Dimensions to property line along Lot 1 B wn by Surveyed By Approved J.STEFANIK J. STEFANIK I M. R EXHIBIT B SITE PLAN COMMON INTERIOR COMMON AREA INTERIOR AREA 32,355 SQ. FT. COMMON ® EXTERIOR AREA Nam 1 F > � P Q� FGO�S� 3 8 dy�� � c� CONDO 1 27,421 SQ. FT. CONDO 2 16,356 SQ. FT. CONDO 3 9,833 SQ. FT. CONDO 4 21,677 SQ. FT. CONDO 5 676 SQ. FT. CONDO 6 1,538 SQ. FT. CONDO 7 23,872 SQ. FT. CONDO 8 6,535 SQ. FT. �0 VS• N 100 a Ica 200 SCALE FEET KL) Project No. Date WEDER 2004-01072 12/18/2020 I®Illnll�la®III®®®IIIIBIIISplllllll�l[IIIIII2�9a° 37 z r-�:;zsaoo 121301202011:18 AM EXHIBIT C SCHEDULE OF SQUARE FOOTAGE, VOTING RIGHTS AND PERCENTAGE OF GENERAL COMMON ELEMENTS Condo Square Feet Votes Percentage of General Common Elements 1 27,421 25.41 25.41 % 2 16,356 15.16 15.16% 3 9,833 9.11 9.11% 4 21,677 20.09 20.09% 5 676 0.62 0.62% 6 1,538 1.43 1.43% 7 23,872 22.12 22.12% 8 6,535 6.06 6.06% TOTAL 107,908 100 100% �IIIIO�I®1I�'I�'Ivllll�®�IIH��IH 9�UZ0 037 2 Feas: $204.00 12/30/2020 11:18 AM •10 �.] l] �•J PROFESSIONAL LAND SURVEYOR'S CERTIFICATE I, Daniel Wagner, being a duly licensed registered professional land surveyor in the State of Montana, do hereby certify the following: That the floor plans for the condominiums depicted, which are attached hereto and incorporated by reference, truly and accurately depict the layout, location, unit design, and dimensions as built of the Westside Condo.// `�/ 4jday of December, 2020. ������ �O N Tq /�� ////// Dated this ` *•• ••••.......••• * i a ' .d �• :O O ; Da EL CUATIS •f11 • • m• oA • o Daniel agn \ Professional Regi�k�/ q //lllllll STATE OF MONTANA ) ) ss County of Flathead ) On this day of December, 2020. before me, a Notary Public for the State of Montana, personally appeared Daniel Wagner, licensed land surveyor, known to me to be the person whose name is subscribed to this instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. -ANGELA G CLARK AG�i'' q& NOTARY PUBLIC for the * - State of Montana : WE Residing at UEA .0 O_4 Kalispell, Montana -M Commission Ex ires Y p January 26, 2021 My Commission Expire &L.o`�C�2 #�o� 12/30/2020 11:18 AM EXHIBIT E BYLAWS, COVENANTS & RESTRICTIONS OF THE WESTSIDE CONDO UNIT OWNERS' ASSOCIATION These Bylaws, Covenants and Restrictions (the `Bylaws"), are intended to govern the administration of the Westside Condo Owners Association (the "Association") together with the management and administration of the general common elements and limited common elements of the Westside Condo, which has been established by a Declaration of Unit Ownership (the "Declaration"), to which these Bylaws are an Exhibit. All Unit Owners, their invitees and guests, and any tenant or sub -tenant present or future, shall have the rights and responsibilities described in these Bylaws and be subject to the provisions thereof. The acquisition of a Unit in the Westside Condo signifies that the Owner accepts, ratifies, and agrees to comply with these Bylaws. 1. Membership. Persons or entities owning a Unit in the Westside Condo shall be a member of the Unit Owners Association. Membership begins concurrently with the acquisition of an ownership interest in a Unit and terminates at the time such ownership interest is terminated. Such termination shall not relieve any Owner of liability for obligations incurred while a member of the Association; further, membership in the Association does not in any way negate or impair any Owner's legal remedies, right to bring legal action, or defense to any and all actions involving the Association, other Unit Owners, or the Management which may arise from or be incidents of Unit ownership. 2. Obli ations. Each Unit Owner shall be obligated to comply with the Bylaws, the Declaration, and the applicable regulations of the City of Kalispell, Flathead County, and the State of Montana, and failure to comply shall be grounds for appropriate legal action by the Association or by the aggrieved Unit Owner against such non -complying Owner or Owners, for costs, damages, attorney's fees, incidental expenses and other charges. 3. Annual Meetinpz. There shall be a regular meeting of the members of the Association annually on the first Monday of April in each year, or on such other date properly announced by the Association. The first meeting of the Association shall take place not more than one (1) year following the date of recording these Bylaws, if not sooner held. 4. Special Meetings. Pursuant to these Bylaws, the Association may at any time hold special meetings, notice of which shall be sent to all Unit Owners. Such special meetings may be called on the initiative of the Chairman of the Board, a signed request of any Unit Owner or Owners. Notice of any special meeting must specify the reason for such meeting and the matters to be discussed and voted upon. Only matters set forth in the request may be brought before such meeting unless two-thirds (2/3) of the Unit Owners are present and agree otherwise. Notice of Meetine. Notice of all meetings, regular or special, shall be provided 2 12/30/2020 11:18 AM by the Association's Secretary to every Unit Owner, at least twenty (20) days prior to the time for holding such meeting. Such notices shall specify the date, time and place of the meeting. 6. Quorum. No meeting, regular or special, shall be convened to conduct business unless a quorum is present in person or by proxy. A quorum shall consist of representation of one-half (1/2) of the Unit Owners. 7. Affirmative Vote. Except for the specific purposes of amending these Bylaws, which as is provided by statute requires seventy-five percent (75%) vote of Unit Owners, all other matters before the Association may be accomplished and or approved only by the affirmative vote of Owners holding at least two-thirds (2/3) of the square footage which equates to at least two-thirds (2/3) of the voting rights as specified in the Declaration. 8. Votinq Interest. Each Owner of a Unit shall have voting rights based on the amount of square footage owned by such Owner as specified in the Declaration. Such voting interest shall be the voting right of each Owner on all matters affecting the Westside Condo. 9. Board of Directors. Governance of the Westside Condo shall be by a Board of Directors. The total number of Directors constituting the Board shall be no less than three (3) directors and no more than five (5) directors. Each Unit Owner that owns 20,000 square feet or more of condominium space shall be entitled to appoint one (1) director per 20,000 square feet owned. Unit Owners owning less than 20,000 square feet may pool their square footage to achieve representation totaling 20,000 square feet and upon doing so may appoint one (1) director per 20,000 square feet represented. The Board shall have all powers and responsibilities attendant to the general administration and control of the Association. Additionally, the Board shall have the authority necessary to carry into effect the powers and duties specified by these Bylaws. The Board shall elect a Chairperson, Vice -Chairperson, Secretary and Treasurer. The manner of election/appointment of the Board of Directors shall be as follows: At the first and all subsequent meetings of the Association, nominations for positions on the Board will be accepted from the Unit Owners present. Voting shall be non -cumulative with each Unit Owner having voting rights as specified above. Each Director shall hold office for a two-year term and until his or her successor is elected and qualified or until his or her earlier death, resignation, or removal. To ensure continuity, members of the Board will hold staggered terms of office, with the minimum number of Directors needed to constitute a majority of the Board standing for election in every even - numbered year and the remaining Directors standing for election in every odd -numbered year. The initial Board of Directors shall consist of the following individuals: Chairperson Tamara Williams Vice -Chairperson Pam Carbonari Secretary Chris Parson II'llllllul1llu����1���lll�l'I�'IH 2r 42 Feac9eo: $294.00 12/30/2020 11:18 AM Treasurer John Goroski The initial Board of Directors shall serve until the annual meeting of the Association in 2022, at which time the even -numbered year election for new directors shall occur and the staggered term elections shall be conducted thereafter. 10. Powers and Duties of the Board of Directors. The Board of Directors shall have the following powers and duties: A. To call annual, regular, or special meetings of the Association and give notice thereof. B. To conduct elections of the Board of Directors. C. To enforce the provisions of the Declaration and the Bylaws of the Westside Condo by appropriate action. D. To promulgate and adopt rules and regulations for the use of the general and limited common elements and for the occupancy of the Units so as provide for quiet enjoyment and use of all the Owners, their tenants, invitees, or guests. Such rules must be approved by two-thirds (2/3) of the Unit Ownership at any regular or special meeting of the Association. Amendment of the rules and regulations also shall similarly require approval of two-thirds (2/3) of the Unit Owners at any regular or special meeting. E. To provide for a manager and for the management of the Westside Condo by hiring or contracting with suitable and capable management and personnel for the day- to-day operation, maintenance, upkeep, and repair of the common elements. F. To levy assessments as allowed by the Declaration and these Bylaws and to provide for the collection, expenditure and accounting of said funds. G. To pay for the expenses of the maintenance, repair and upkeep of the common elements, and to approve invoices submitted by the Manager or directly by creditors, either at regular or special meetings. Expenses related to the limited common elements shall be the responsibility of the Unit Owners utilizing the same. H. To delegate authority to the manager for the conduct of the condominium business and to carry out the duties and powers of the Board, however such authority shall be precisely defined with ultimate authority at any time residing in the Board. I. To provide a means of hearing grievances and foreclosure proceedings of Unit Owners and to observe all due process requirements imposed upon Unit Owners. J. To hold and administer all required meetings of the Association. 002e;0027 f47 12/30/2020 11:18 AM K. To prepare an annual budget for the condominium in order to determine the amount of the assessments payable by the Unit Owners to meet the common expenses and allocate and assess such charges among the Unit Owners according to their respective interests in the common elements and to submit such budget to the Unit Owners on or before the date of the annual meeting. L. To levy and collect special assessments whenever, in the opinion of the Board, it is necessary to do so in order to meet increased operating or maintenance expenses, costs, or additional capital expenses or because of emergencies. M. To take appropriate legal action to collect any delinquent assessments, payments or amounts due from Unit Owners or from any person or persons owing money to the Association, including the filing and foreclosure of liens on Units as detailed below, and to levy a penalty and to charge interest on unpaid amounts due and owing. N. To defend in the name of the Association any and all lawsuits wherein the Westside Condo or the Association is a party defendant. 0. To enter into contracts with third parties to carry out the duties herein set forth, for and on behalf of the Board and the Association, and to employ if necessary, professionals such as, but not limited to, planners, engineers, lawyers, accountants, architects, etc. P. To establish a bank account for the Westside Condo and to keep therein all funds of the Association. Withdrawal of monies from such accounts shall only be by checks signed by such persons as are authorized by the Board of Directors. Q. In general, to act for and carry on the administration and affairs of the Association as authorized and prescribed by the Declaration and to do all those things which are necessary and reasonable in order to carry out the governing and operation of the Westside Condo. R. To review and approve or disapprove construction, remodeling or tenant improvement plans and requests submitted by Unit Owners. S. To make repairs, alterations, and improvements to the common elements consistent with managing the Westside Condo in a professional manner and in the best interests of the Unit Owners. T. To obtain, keep, maintain, and renew the insurance for the Association. U. To carry out the duties and responsibilities of the Board in all other matters as may be authorized, needed or required by the Declaration and the Unit Ownership Act as well as Flathead County. V. To allow first lien holders to inspect Association and Board records. 09�';8 20 f42 00 12/30/2020 11:18 AM W. To develop and maintain a bitting list for purposes of having a master key system for the Westside Condo and each of the Units. The bitting list shall be kept on file with a reputable local locksmith. A copy of the master key may be kept by the Association or its Manager and the local police and shall be used for emergency purposes only. X. To represent the Westside Condo in all matters related to or involving the administration and operation of the Gateway Community Center pursuant to the Master Covenants, including but not limited to the review, approval and payment of all assessments levied on the Westside Condo pursuant to the Master Covenants. 11. Vacancies. Should a vacancy occur on the Board of Directors, such vacancy shall be filled by a Director appointed or elected pursuant to the procedures set forth above. 12. Compensation. No member of the Board of Directors shall receive any compensation for acting as such. Nothing herein, however, shall be construed to preclude compensation being paid to the Manager who is hired by the Board of Directors. 13. Manager. A manager may be appointed and/or removed by the Board. The manager of or any member of the Board or Association handling Association funds or having power to withdraw or spend such funds shall be bonded, if the Board desires, and shall maintain records of the financial affairs of the Association. Such records shall also detail all assessments made by the Association and the status of payments of said assessments by all Unit Owners. All records shall be available for examination during normal business hours by any Unit Owner or their assigned representative. All functions and duties herein provided for the manager may be performed by the Board, or the Chairman, if the Board should decide not to have a manager. 14. Books. Records, and Budget. The receipts and expenditures of the Association shall be under the direction of the Board and shall include a provision for: A. Current expenses, which shall include all receipts and expenditures to be made within the year for which the budget is made, including a reasonable allowance for contingencies and working funds, except expenditures chargeable to reserve or to betterments. The balance in this fund at the end of each year shall be applied to reduce the assessments for current expenses for the succeeding year. B. Reserve or deferred maintenance, which shall include funds for maintenance items which occur less frequently than annually. C. Reserve for replacement, which shall include funds for repair or replacement required because of damage, depreciation, or obsolescence. D. Betterments, which shall include the funds to be used for capital expenditures for additional improvements or additional personal property which shall be a part of the common elements. INNN'IJJ§JJJJJJlNJJIIJ1' 02 2 Faec: $211" 12/30/2020 11:18 AM E. The Board shall prepare and approve a budget each calendar year. The budget shall include the estimated funds required to defray the common expenses and to provide and maintain funds for the foregoing accounts according to the good accounting practices. F. A financial report of the accounts of the Association shall be made annually by an accountant, and a copy of the report shall be furnished to each member at the annual meeting. 15. Amendment of Bylaws. These Bylaws may be amended only on the affirmative vote of seventy-five percent (75%) of the Unit Owners. The amendment must be certified by the presiding officer and secretary of the Association and recorded as provided in Section 70-23-307, MCA. Amendment shall be made in the following manner: at a regular, special or annual meeting of the Association the proposed amendment may be submitted in resolution form by any Unit Owner. Upon adoption of the resolution by fifty percent (50%) of the ownership interests the amendments shall be made subject for consideration at the next succeeding meeting of the Association with notice thereof, together with a copy of the amendment to be furnished to each Owner, no later than thirty (30) days in advance of such meeting. At such meeting the amendment shall be approved upon receiving favorable vote of seventy-five percent (75%) of the Unit Owners. If so approved it shall be the responsibility of the Association to file the amendment with the Clerk and Recorder's office of Flathead County, Montana. For the purposes of this Section 15 only, each Unit shall be entitled to one (1) vote. 16. Assessments. The Association shall levy assessments upon the Unit Owners pursuant to the provisions as hereinafter set forth in these Bylaws, the Declaration, and as same may be limited by the laws of the State of Montana. A. Assessments shall be made as a part of the regular annual business meeting of the Association as provided in these Bylaws or assessments can be made for special purposes at any other regular or special meeting thereof. All assessments shall be fixed by resolution of the Board. Notice of the assessment, whether regular or special, the amount thereof, and the purpose for which it is made, including an annual budget for expenditures and operation of regular annual assessments, shall be served on all Unit Owners affected, by delivering a copy of the notice to each Unit Owner at its address of record. Notice hereunder may be waived by the individual Unit Owner. B. Assessments shall be made for the repair, replacement, insurance, general maintenance, management, and administration of common elements, fees, costs, and expenses of the manager, if any, taxes for common areas, and assessment for the Unit Owners' percentage share of any Special Improvement District Assessments, and as provided in the Unit Ownership Act, Section 70-23-101, et. seq., MCA. Assessments shall be based upon and computed as follows: i. The Board shall divide the expenses above set forth into two (2) categories designated "general common expenses," and "limited common iw�Mii�w�wurvvv®�wwiiwww 02 2 12/30/2020 11.18 AM expenses." ii. "General common expenses" shall include items such as but not specifically limited to, taxes, special assessments, general liability insurance for the Building and the property as a whole, maintenance of the Building and property as a whole, and major capital expenditures to the benefit of the Building and property as a whole. Assessments for these expenses shall be computed by using the percentage of general common elements of each Unit Owner as set forth in Exhibit "C" to the Declaration. iii. "Limited common expenses" shall be those specifically incurred in any limited common area as or for the benefit of one or more specific condominium Units and shall be allocated to such units, on a pro-rata basis, or based on usage, as reasonably determined by the Board. C. Units may be subject to separate property taxation by Flathead County on the Unit and, if so, the Owner of such Unit, and not the Association, shall be responsible for the payment of property taxes assessed against individual Units and the improvements therein. D. In the event of a voluntary conveyance of a Unit, the grantee of the Unit shall be jointly and severally liable with the grantor for all unpaid assessments by the Association against the latter for his share of the assessments up to the time of the grant or conveyance, without prejudice to the grantee's rights to recover from the grantor the amounts paid by the grantee therefore. However, any such grantee shall be entitled to a statement from the manager or Board of Directors of the Association setting forth the amount of said unpaid assessments against the grantor due the Association and such grantee shall not be liable for, nor shall the Unit be conveyed subject to a lien for any unpaid assessments made by the Association against the grantor in excess of the amount therein set forth. E. At the time the Association holds its first meeting, a reserve account shall be set up to which initial assessments shall then be deposited and which assessments shall be a sum that is equal to two (2) times the monthly assessment fee for that year. If the Declarant still holds title to one or more Units, Declarant shall pay the amount assessed against each and every Unit so owned. F. All budgeted expenses of common elements shall be paid by the Association. Non -budgeted expenses shall be approved by the Association in a special meeting before being paid or before payment is ratified. Payments of common expenses by individual Unit Owners is not authorized; however, any payments made individually by Unit Owners may be approved by the Board of Directors before said payment is made or ratified after payment by the Board of Directors; if the Board: i. Receives an invoice or bill verifying the amount, the payee, date, service, or expense covered; IIIIIIII�I�IIUIv111111N111Nllllllu�ul 219°�4°fA0 12/30/2020 11:18 AN ii. Finds that reimbursement of a Unit Owner or Owners is reasonable; and iii. Finds that the payment was necessary for the continued operation of the Westside Condo or the Association. 17. Changes, Repairs and Liens. A. Alterations by Unit Owners. The interior plan of a Unit may be changed by its Owner with the exception of the load bearing walls which may not be altered. No change in the boundaries of Units shall encroach upon the boundaries of the common elements except upon obtaining Board approval and amending the Declaration. Such an amendment must further set forth and contain plans to the Unit concerned showing the Unit after the change in boundaries attached to the amendment as exhibits. Such an amendment shall be signed and acknowledged by the Owners of the Units concerned, as well as those Owners with an interest in any common elements affected, together with words of conveyance in the amendment conveying interests acquired in the Units or common elements by such change. B. Maintenance by Unit Owner. An Owner shall maintain and keep in good repair the interior of its own Unit, its limited common elements, and the fixtures of its Unit. All fixtures, utility lines and equipment installed in the Unit commencing at a point where the utilities enter the Unit shall be maintained and kept in repair by the Owner thereof, as stated in the Declaration. An Owner shall do no act nor any work that will impair the structural soundness or integrity of the building or impair any easement. An Owner shall also keep all areas and common elements and limited common elements appurtenant to Owner's Unit in a clean and sanitary condition. The right of each Owner to repair, alter, and remodel their Unit is coupled with the obligation to replace any finishing or other materials removed with similar or approved types or kinds of materials. No acts of alteration, repairing or remodeling by any Unit Owner shall impair in any way the structural integrity of common elements. C. Exterior Alterations. No Owner may change, alter, or remodel the exterior of its Unit without the prior written approval of the Board of Directors of the Association or its designated committee. D. Maintenance by Unit Owners Association. The Association shall take all necessary steps, including but not limited to, exterior painting, exterior staining, roof repairs, concrete, brick and stone repairs, repairs to walls, sidewalks, maintenance, upkeep and repair of stairs and hallways, repair, upkeep and replacement of the asphalt parking lot, snow removal, and replacement or repair of all broken or worn parts, to insure that the Westside Condo does not unnecessarily deteriorate. The Board shall annually inspect the building and shall diligently proceed with any necessary maintenance or repairs. IIIIIIIMIIIMII1IMlEl dill® 02r 9�4�.00 12/30/202011:18 AM E. Liens for Alterations. Labor performed and materials furnished and incorporated into a Unit with the consent of or at the request of the Unit Owner, his agent, his contractor or subcontractor, shall be the basis for the filing of a lien against the Unit or the Unit Owner consenting to or requesting the same. Each Unit Owner shall indemnify and hold harmless each of the other Owners from and against all liability arising from the claim of or any lien against the Unit or against the common elements for construction performed or for labor, materials, services, or other products incorporated in the Owner's Unit at such Owner's request. F. Liens and Foreclosure. All sums assessed but unpaid for the share of expenses chargeable to any Unit shall constitute a lien on such Unit superior to all other liens and encumbrances, except only for tax and special assessment liens on the Unit in favor of any assessing authority, and all sums unpaid on a first mortgage or a first trust indenture of record, including all unpaid obligatory sums as may be provided by such encumbrance. To evidence such lien, the manager or the Board shall prepare a written notice of lien assessment setting forth the amount of such unpaid indebtedness, the amount of accrued interest, and late charges thereon, the name of the Owner of the Unit and a legal description of the Unit. Such notice shall be signed and verified by an officer, director or manager of the Association and shall be recorded in the office of the Clerk and Recorder of Flathead County, Montana. Such lien shall attach from the date of recording such notice. Such lien may be enforced by the foreclosure of the defaulting Owner's Unit by the Association in the manner provided in the Unit Ownership Act and as provided by the foreclosure of a mortgage on real property upon the recording of a notice of the claim thereof. In any such foreclosure for the Unit, the plaintiff in such foreclosure action shall be entitled to the appointment of a receiver to collect the same. Suit to recover a money judgment for unpaid common expenses shall be maintainable without foreclosure or waiving the lien securing same. In any such proceeding the Unit Owner shall be required to pay the costs, expenses and attorney's fees incurred in filing a lien, and in the event of foreclosure proceedings, additional costs, expenses and attorney's fees incurred. In any such foreclosure the Unit Owner shall be required to pay a reasonable rental for the Unit. G. Bidding at Foreclosure. The Board, on behalf of the other Unit Owners, shall have the power to bid on the Unit at a foreclosure or other legal sale and to acquire, and hold, lease, mortgage, and vote the votes appurtenant to convey or otherwise deal with same. Any lien holder holding a lien on the Unit may pay, but shall not be required to pay, any unpaid common expenses, payable with respect to any such Unit, and upon such payment such lien holder shall have a lien on said Unit for the amounts paid of the same rank as the lien of his encumbrance without the necessity of having to file a notice of claim of such lien. 18. Insurance. 1. Association Insurance. An insurance policy or policies upon the Westside Condo itself shall be purchased by the Association and shall be issued by an insurance company authorized to do business in Montana. �ilRA�ll�■■■■■■■■■■��II�■� O2 "4037 12/30/2020 11:18 AM A. Named Insured. The named insured shall be the Association individually as agent for the Unit Owners without naming them. Such policy shall provide that payments for losses thereunder by the insurer shall be paid to the Association and a policy and endorsements thereon shall be deposited with the Association. B. Personal Property. Unit Owners shall obtain insurance coverage at their own expense covering their furnishings and personal property in their Unit. Unit Owners shall also purchase individual liability insurance covering activities in their Unit. This will be in addition to public liability coverage set out below in Paragraph 18-2-B. As determined by the Board of Directors, the Unit Owners individually shall have insurance coverage, in addition to casualty insurance or replacement cost, for fire, lightning, etc., as follows: i. Business interruption insurance. ii. Owners shall not be prohibited from carrying other insurance for their own benefit, provided that all such policies shall contain waivers of subrogation and further provided that the liability of the carrier issuing insurance obtained by the Board of Directors shall not be effected or diminished by reason of any such additional insurance carried by any member. iii. Unit Owners agree that each forfeits any right of action that the latter may acquire against the other, for loss or damage to his property or to property in which he may have an interest, for such loss as caused by fire or any of the extended coverage hazards arising out of or in connection with the owned Units. C. Copies to Mortgages. A copy of each insurance policy and all endorsements thereon shall be furnished by the Association to each mortgagee of a Unit Owner on request. 2. Coverage. A. Casualty. The primary policy acquired by the Association as and for the Westside Condo shall insure all buildings and improvements upon the land to their insurable replacement value and all personal property included in the common elements based on current replacement value. These values shall be determined annually by the Board of Directors, the insurer, and any first lien holders or representatives. The Board is given discretion to utilize insurance with deductibles and make other determinations as to the scope and nature of the coverage as may be necessary to provide the most adequate insurance under the circumstance for the least cost. Casualty insurance as acquired shall afford protection against: 10 iee1ii1e11i11eeEeE®eiiiee94.27 �.� $2900 12/30/2020 11:18 AM i. Loss or damage by fire and other hazards covered by broad form policy or standard extended coverage endorsement; ii. Such other risks as may from time to time customarily be covered with respect to buildings similar in construction, location and use; iii. Errors and Omissions insurance for the Directors, Officers and the manager if the Association so desires, in amounts to be determined by the Board. iv. The policies also shall state whether the following items are included within the coverage in order that the Unit Owners may insure themselves if the items are not insured by the Association: heating, service equipment such as furnaces, boilers, air conditioning units, whether or not such items are built-in equipment, interior fixtures such as electrical and plumbing fixtures, floor coverings, inside paint and other inside wall furnishings. B. Public Liability. The Board of Directors of the Association shall acquire public liability insurance in such amounts and with such coverage as shall be required, is available, and can be afforded. The insurance shall be coordinated with and provide for a cross liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner. C. Other Insurance. The Board may acquire such other insurance as shall be determined from time to time (including directors' and officers' errors and omissions insurance) and as or may be required by federal and state laws. D. Premiums. Premiums upon insurance policies above purchased shall be paid as a common expense. 3. Reconstruction in the Event of Casualty. A. Repair after Casualty. If any part of the Westside Condo shall be damaged by casualty, whether or not it shall be reconstructed or repaired, shall be determined in the following manner: i. Lesser Damage. If a Unit or Units are found by the Board to be tenantable after the casualty, the damaged property shall be repaired. ii. Substantial Damage. If a Unit or Units are found by the Board to be not tenantable after the casualty, the damaged property may be reconstructed or rebuilt. If not reconstructed or rebuilt, then the property shall be subject to the applicable provisions of the Unit Ownership Act. In the event there is substantial destruction of the property, and if two thirds (2/3) of the Unit Owners directly affected by 111111I18101§MMM§lolllllil 0 .- 3S..�02 12/30/2020 11:18 AM such damage, together with all mortgagees holding bona fide first mortgages on the Units directly affected, shall determine not to repair or restore, the Association shall realize upon the salvage value of that portion of the Westside Condo so damaged or destroyed, either by sale or such other means as the Association may deem advisable, and shall collect any proceeds of any insurance and disburse same according to these Bylaws and the Montana Unit Ownership Act. iii. Priority of Debts. In the event the Association elects not to rebuild as herein provided, insurance proceeds shall be used to satisfy any outstanding liens or encumbrances on the property, and as set forth in Section 70-23-603, 604 and 605, MCA. iv. Certificate. The Association may rely upon a certificate of an officer or director to determine whether or not the damaged property is to be reconstructed or rebuilt. V. Plans and Specifications. Any reconstruction or repair must be substantially in accordance with the plans and specifications for the original improvements, or if not, then according to the plans and specifications approved by an affirmative vote of two-thirds (2/3) of the voting interests, including the voting interests associated with the Units which are to be altered. Any such reconstruction not in accordance with the original plans and specifications must be set forth in an amendment to these Declaration, which amendment shall be prepared and filed of record in accordance with the provisions of such amended filing, as more particularly set forth above. B. Responsibility. The responsibility for reconstruction or repair after casualty shall be the same as for maintenance and repair in the Westside Condo, and in the event proceeds of insurance are insufficient to defer estimated costs of repair, or in the event at any time during such reconstruction or repair funds held by the Association are insufficient, assessments shall be made against Unit Owners to provide funds for the payment of such costs. Such assessments shall be a common assessment and shall be in proportion to the Owner's percentage of ownership interest. shall be computed by using the percentage of general common elements of each Unit Owner as set forth in Exhibit "D" to the Declaration. C. Surplus. It shall be presumed that the first monies disbursed in payment of costs of reconstruction and repair shall be from the insurance proceeds. If there is a balance in a construction fund after payment of all costs of the reconstruction and repair for which the fund is established, such balance shall be paid to the Association for the use and benefit of the Unit Owners. 19. Removal or Partition - Subdivision. The Westside Condo may only be removed from condominium ownership, and may only be partitioned or sold, upon compliance with each 12 12/30/2020 11:18 AM of the conditions hereof: A. The Board must approve the plan of removal, partition or sale, including the details of how any partition and the distribution of property or funds shall be accomplished. B. The plan of removal, partition, subdivision, abandonment, termination or sale must be undertaken as provided in the Montana Unit Ownership Act. If the approval for any of the foregoing is not required by the Unit Ownership Act, then approval shall be obtained upon an affirmative vote of two-thirds (2/3) of the voting interests. Upon obtaining such approval, the Board shall be empowered to implement and carry out the plan of removal, partition, subdivision, abandonment, or termination of sale. C. No Unit may be divided or subdivided into a smaller Unit, nor any portion thereof sold or otherwise transferred except as provided above. Notwithstanding the foregoing, the Declarant shall be entitled to subdivide or combine Units without restriction. D. This section shall not apply to the sale of individual Units and shall not be considered as a right of first refusal. E. The common elements shall not be abandoned, partitioned, subdivided, encumbered, sold or transferred without compliance with all of the above requirements. F. This section shall not apply to the removal, partition, subdivision, abandonment or sale of Units by the Declarant. This section shall not apply to the reconfiguration or conversion into Units of some or all of the Common Interior Area. The Declarant may undertake the same at Declarant's sole discretion. 20. Notice. Any notice to be given pursuant to these Bylaws or involving Association business shall be in writing and may be provided via personal service, via certified mail return receipt requested, or electronically via e-mail to the physical and/or e-mail address designated by the Unit Owner. All Unit Owners shall provide their designated physical and e-mail addresses to the Association. Any Unit Owner or other party wishing to change its designated physical or e- mail addresses shall do so by providing notice in writing to the Association. Rejection or other refusal to accept or the inability to deliver because of a changed physical or e-mail addresses of which no notice was given shall be deemed to be a receipt of the notice. 13 IIIflIIIjj§WII§®®j11N1j11j1® 02:;'°3 ' 294.00 12/30/2020 12:18 AM IN WITNESS WHEREOF, the undersigned, as the owner of record of all of the Units and 100% of the voting interests of the Westside Condo as of the date hereof, declare and affirm the adoption of the foregoing Bylaws, Covenants and Restrictions, this 30th day of December, 2020. WESTSIDE CCC, INC. By: Chris Parson Its: President STATE OF MONTANA ) ) ss County of Flathead ) On this 30"' day of December, 2020, before me, a Notary Public for the State of Montana, personally appeared Chris Parson, as the President of Westside CCC, Inc., a Montana not for profit corporation, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day. and year first above written. 4ofa6 Pu lic for the 9tate of Montana %NT ° AiF VINCENTG RIEGER Residing at Kalispell, Montana NOTARY PUBLIC for the My Commission Expires: April 1, 2024 SEAL State of Montana Residing at Kalispell, Montana O P2 MY co Pm isonsion EExmres M 14 12/30/2020 11:18 AM Certification by Montana Department of Revenue The undersigned, being the duly authorized agent of the Department of Revenue of the State of Montana, County of Flathead, hereby executes the following certificate relating to Condo Name, which are situated on the following described parcels of real property: Assessor Number 0449200; GATEWAY COMMUNITY CENTER,1A EX TR A Assessor Number Assessor#.; legal desc. Assessor Number Assessor#.; legal desc. 1. The name "Westside Condo' is not the same as, similar to or pronounced the same as a word in the name of any other property or subdivision located within Flathead County and complies with Section 70-23-303 of the Montana Code Annotated; and 2. All taxes and assessments due and payable for the aforementioned property have been paid to date. DATED this December 30, 2020. State of Montana Department of Revenue A ture Pri'nfed 9V5 Title Return to: Housing Solutions, LLC PO Box 2099 Missoula, MT 59806 CONSENT TO PLAT THIS MEMORANDUM made this 9th day of jUne , 20 22 , by Glacier Bank. WITNESSETH WHEREAS, Housing Solutions, LLC is desirous of platting certain real property in Flathead County, Montana owned by Westside CCC, Inc. The real property is proposed as, "Creekside Commons" a subdivision located in the Southeast One -Quarter (SE1/4) of Section 12, Township 28N, Range 22 W, P.M.M., City of Kalispell, Flathead County, Montana. WHEREAS. "Glacier Bank" has an interest in said property to the extent of holding a Deed of Trust dated September 21, 2015, and recorded on September 21, 2015 as Document Number 201500022102 on file and of record in the Flathead County Clerk and Recorders Office; NOW THEREFORE the undersigned, as a parry having an interest in the property to be platted as, "Creekside Commons" in the City of Kalispell, Flathead County, Montana, hereby consents to the proposed platting of said property: Glacier Hank By. Name &T tle: I�nrjfer Wheeler. Vice President Of: Glacier Bank STATE OF Montana ) County of Flathead ) This instrument was acknowledged before me on this 9th day of June 20" by Jennifer Wheeler known to me to be the Vice President of Glacier Bank. ss .yLYN poa TAYLYN HOFF �NpSARtq NOTARY PUBLIC for the State of Montana * SEAL * Residing at Kalispell, Montana 'kOFMo� My Commission Expires August 26, 2023 Return to: Housing Solutions, LLC PO Box 2099 Missoula, MT 59806 CONSENT TO PLAT THIS MEMORANDUM made this day of 3uyu. , 20aLby Jobs Now, Inc. WITNESSETH WHEREAS, Housing Solutions, LLC is desirous of platting certain real property in City of Kalispell, Flathead County, Montana owned by Westside CCC, Inc. The real property is proposed as, "Creekside Commons" a subdivision located in the Southeast One -Quarter (SE114) of Section 12, Township 28N, Range 22 W, P,M.M., City of Kalispell, Flathead County, Montana. WHEREAS, "Jobs Now, Inc." has an interest in said property to the extent of holding a Trust Indenture dated September 21, 2015, and recorded on September 21, 2015 as Document Number 2015- 000-22105 on file and of record in the Flathead County Clerk and Recorders Office; NOW THEREFORE the undersigned, as a party having an interest in the property to be platted as, °Creekside Commons" in the City of Kalispell, Flathead County, Montana, hereby consents to the proposed platting of said property: Jobs Now, Inc. By: Name &Title: Of: Jobs Now, Inc. STATE OF IV f17H1-0 qA ) County of T144--h�_iVl ) This instrument was acknowledged before me on this day of:lLne. _ 20 2�, by Cl/1i� 5 1 Cc�rnr �u�5 Da'kr SWft to me to be the E_Vz d_L rLf of Jobs Now Inc. M J(r� KRISTIN M JENSEN �4 re` o-ne�� 2 NOTARY PtI8LIC for the State of Montana SEAL Residing at Kalispell, Montana N� 2� 9rF My Commission Expires OF MO�p January 18, 2626 Return to: Housing Solutions, LLC PO Box 2099 Missoula, MT 59806 CONSENT TO PLAT THIS MEMORANDUM made this 9th day of Junk , 2022 , by Glacier Bank. WITNESSETH WHEREAS, Housing Solutions. LLC is desirous of platting certain real property in Flathead County, Montana where condo 1 is owned by Flathead Food Bank, Inc. The real property is proposed as, "Creekside Commons" a subdivision located in the Southeast One -Quarter (SE1/4) of Section 12, Township 28N, Range 22 W, P.M.M., City of Kalispell, Flathead County, Montana. WHEREAS, "Glacier Bank" has an interest in said property to the extent of holding a Deed of Trust recorded on December 30, 2620 as Instrument No. 2020-000-44115 on file and of record in the Flathead County Clerk and Recorders Office; NOW THEREFORE the undersigned, as a party having an interest in the property to be platted as, "Creekside Commons" in the City of Kalispell, Flathead County, Montana, hereby consents to the proposed platting of said property: Glacier B k Ii �/ By: Name &Ti e: Jennifer Wheeler Of: Glacier Bank STATE OF Montana ) County of Flathead ) This instrument was acknowledged before me on this 9th day of jump 20 22 , by Jennifer Wheeler known to me to be the Mce President of Glacier F3ank. 1 I ' y TAYLYN HOFF Py�VN ARlgt� NOTARY PUBLIC for the * SEAL * State of Montana Residing at Kalispell, Montana 9r Pam" FOFM�� My Commission Expires August 26, 2023 Ss 1� Return to: Housing Solutions, LLC PO Box 2099 Missoula, MT 59806 CONSENT TO PLAT THIS MEMORANDUM made this 74-� day of 13 b'� 20 a� by Jobs Now, Inc. WITNESSETH WHEREAS, Housing Solutions, LLC is desirous of platting certain real property in Flathead County, Montana where condo 1 is owned by Flathead Food Bank, Inc. The real property is proposed as, "Creekside Commons" a subdivision located in the Southeast One -Quarter (SE1/4) of Section 12, Township 28N, Range 22 W, P.M.M., City of Kalispell, Flathead County, Montana. WHEREAS, "Jobs Now, Inc." has an interest in said property to the extent of holding a Trust Indenture recorded on December 30, 2020 as Document Number 2020-000-44117 on file and of record in the Flathead County Clerk and Recorders Office; NOW THEREFORE the undersigned, as a party having an interest in the property to be platted as, "Creekside Commons" in the City of Kalispell, Flathead County, Montana, hereby consents to the proposed platting of said property: Jobs Now, Inc. By: — Name &Title:(ln-v,LltiI i wS(� P��d-er;,;�_ i Of: Jobs Now, Inc. STATE OF t-icDy�xca,c1\ ) County of This instrument was acknowledged before me on this ~1 r- day of \) u� Cti%a%i-, „a, Dow». known to me to be the ?,r-es:d- of Jobs Now, Inc. , 20 �2-, by SS �� !�, _ �.5e Hew,, KYLIE HEWITT �NOTAR1.Z T NOTARY PUBLIC for the i * SEAL State of Montana Residing at Kalispell, Montana 9rE,oF My Commission Expires MOp4 January 28, 2026 Return to: Housing Solutions, LLC PO Box 2099 Missoula, MT 59806 CONSENT TO PLAT THIS MEMORANDUM made this day of y✓ tf 20 % , by Westside CCC, Inc. WITNESSETH WHEREAS, Housing Solutions, LLC is desirous of platting certain real property in Flathead County, Montana where condo 1 is owned by Flathead Food Bank, Inc. The real property is proposed as, "Creekside Commons" a subdivision located in the Southeast One -Quarter (SE1/4) of Section 12, Township 28N, Range 22 W, P.M.M., City of Kalispell, Flathead County, Montana. WHEREAS, "Westside CCC, Inc." has an interest in said property to the extent of holding a Montana Trust Indenture recorded on December 30, 2020 as Document Number 2020-000-44122 on file and of record in the Flathead County Clerk and Recorders Office; NOW THEREFORE the undersigned, as a party having an interest in the property to be platted as, "Creekside Commons" in the City of Kalispell, Flathead County, Montana, hereby consents to the proposed platting of said property: Westside CCC, Inc. Name &Title: Of: Westside CCC Inc. STATE OF��„ ) County of This instrument was acknowledged before me on this 7 day of �% �� , 20—)2, by known to me to be the Gr'/ ,,- t i? ,.�/ L of Westside CCC, Inc. \��pPHERy9 ILL NOTARY PUBLIC foSTOPHER r UQ NOTARIq� State of Montana 9 SEAL Residing at Kalispell, MT �OF � My Commission Expires November 23, 2022. IJUJIIiiiiiiMIIMM§lllINEIIIIIIIIII °9� �0� 12/30/2020 11:18 AM Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Condominiums Only FOR: Westside CCC Inc DATE: 12/24/2020 DESCP : Westside Condo in 12-28-22 PURPOSE: Condo YEARS ASSESSOR # 2018 thru 2020 0449200 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. 1 C2820 Deputy Trea rer (seal) INjIIJjNjJ§jNj§Nj®'INN, 02:00 .U037 12/30/2020 11:18 AM KALISPELL',~ SUBDIVISION EXEMPTION REVIEW DATE: December 22, 2020 TO: Flathead County Plat Room 800 South Main Street Kalispell, MT 59901 FROM: Kalispell Planning Department Planning Department 201 V" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning The City of Kalispell Planning Department has reviewed the submittal described below. Surveyor: Vincent Rieger (Attorney) Owner: Westside CCC, Inc Purpose: Condominium Property Address (if applicable): 1203 Hwy 2 W Legal Description: Lot I of Gateway Community Center The submittal complies with applicable City of Kalispell zoning and subdivision regulations and is exempt from local subdivision review. This exemption does not constitute an approval under health, floodplain or other applicable regulations. Sincerely, PI Sorensen Senior Planner Kalispell Planning Dept 037 rII�WIII�I�W�IWIII�YYiY�Y01�11'IY�IIIYYOII�I�mll�ll eF41of42 ei. $29440 DY1 12/30/2020 11.18 AM rA Montana Department of Environmental Quality December 24, 2020 Mark Rohweder Kadrmas Lee & Jackson 1830 3rd Avenue E Suite 2.02 Kalispell MT 59901 RE: Westside Condo Municipal Facilities Exclusion EQ# 21-1680 City of Kalispell Flathead County Dear Mr. Rohweder; This is to certify that the information and fees received by the Department of Environmental Quality relating to this subdivision are. in compliance with 76-4-127, MCA. Under 76-4-125(1)(d), MCA, this subdivision is not subject to review, and the Declaration can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 76-4-131. Construction of water or sewer extensions prior to DEQ, Public Water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Westside Condo Municipal Facilities Exclusion will consist of (8) Eight Units Sincerely, M Ashley Krooff Department of Environmental Quality Engineering Bureau Public Water & Subdivision Review (406) 461-9$44 email altroonglpt.gov cc: City Engineer County Sanitarian Owner file Steve Bullock, Governor I Shaun McGrath, Director 1 P.O. Box 200901 1 Helena, MT 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov IuRll�l�uuuuuuuuu�u'I�u, 02. O0Z 12/30/2020 11:18 AM REVIEW OF TOWNHOME. TOWNHOUSE OR CONDOMINIUM DECLARATION Date- 4ZLL�� Name of Declaration: A� (L5r. t f\ 15� , / n n I n The Sanitation in Subdivisions Act requires townhome, townhouse or condominium declarations to meet one of three conditions prior to being recorded with the county clerk and recorder. § 76-4-122, M.C.A. The attached declaration has been reviewed and it has been determined: The condition has NOT been met and the declaration will not be recorded. A condition has been met and the declaration will be recorded, more specifically: 1) A certificate of subdivision approval has been issued pursuant to § 76-4-114, M.C.A. indicating the reviewing authority has approved the subdivision and the subdivision is not subject to a sanitary restriction; Or 2) The person wishing to file the declaration has obtained a certificate from the governing lio y certifying authority that the subdivision will be provided with adequate municipal or county water and/or sewer district facilities and adequate storm water drainage; Or 3) The person wishing to file the declaration has placed on the declaration an acknowledged certification that the subdivision is exempt from review under this part. The certification must quote in its entirety the wording of the applicable exemption. Approved: Flathead County Clerk & Recorder Reviewed by:Fl ead CtHealth a 1 Department After recording return to: Vincent G. Rleger' page000 f10S9 Law Office of Vincent G. Rie er P.C. Fees: $80.00 g Debbie Pierson, Flathead County MT by SM 2/28/2022 930 AM P.O. Box 9677 Kalispell, MT 59904 r in oo a 1A 0 AMENDMENT TO N DECLARATION OF UNIT OWNERSHIP s FOR THE WESTSIDE CONDO to Ift This Amendment to Declaration of Unit Ownership is hereby made and entered into this day of , 2022, by Westside CCC, Inc., a Montana not for profit p corporation (the "Declarant") whereby the real property and improvements hereinafter described are submitted and subject to the Montana Unit Ownership Act pursuant to Section 70-23-101, et. seq., Montana Code Annotated. O 12 RECITALS: w 04 A. The Declarant, with the unanimous consent of the Westside Condo Owners Association and all of the Unit Owners has agreed to sell a tract of land consisting of 0.049 acres to an adjoining landowner, Munro Properties, LLC. r4 B. Such sale of the 0.049 acre tract will reduce the square footage of the Common Exterior Area of the Westside Condo. C C. The Declarant and the Owners Association desire to Amend the Declaration of Unit Ownership to accurately reflect the new square footage of the Common Exterior Area and to incorporate new Site Plan with the updated square footages. The following provisions of the Declaration are hereby amended as follows: III. REAL PROPERTY 1. Description. The real property which shall be subject to the Montana Unit Ownership Act shall be amended to be described as follows: Lot IA of the Plat of Gateway Community Center (Plat #20170075), according to the I IIIIIIII II II I III IIII IIIII IIIII IIIII IIIII III IIIII IIIII IIIII III IIIII IIII II I I IIII III 2022000519 Page: 2 of 10 g Fees: $80.00 2/28/2022 .0 AM official map or plat thereof on file and of record in the Clerk and Recorder of Flathead County, Montana excepting therefrom Parcel A of Glenwood West (Plat #20190092), 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 A PARCEL OF LAND LOCATED IN LOT I OF GATEWAY COMMUNITY CENTER LOCATED IN THE SETA OF SECTION 12,7.28N., R.21W., P.M. MONTANA, FLATHEAD COUNTY, CITY OF KALISPELL; AND IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF GATEWAY WEST SUBDIVISION UNIT No. 2; THENCE N 00°53'37" E, 85.99 FEET ALONG THE EAST LINE OF SAID LOT 2 TO THE NORTHEAST CORNER OF SAID LOT 2; THENCE S 89024'32" E, 26.69 FEET TO THE WEST RIGHT-OF-WAY LINE OF GLENWOOD DRIVE; THENCE S 00°46'02" W, 74.95 FEET ALONG THE WEST RIGHT-OF-WAY LINE OF SAID GLENWOOD DRIVE TO THE NORTHWESTERLY LINE OF U.S. HIGHWAY 2; THENCE ALONG A NON - TANGENT CURVE TO THE LEFT HAVING A RADIAL BEARING OF S 21"1Tl1" E„ A RADIUS OF 19700.00FEET, DELTA ANGLE OF 0.50-46 AND ARC LENGTH OF 29.09 FEET SOUTHWESTERLY ALONG THE NORTHWESTERLY LINE OF SAID U.S. HIGHWAY 2 TO THE POINT OF BEGINNING. SAID TRACT CONTAINS 0.049 ACRES. by reference: V. DESCRIPTION OF UNITS Exhibits. The following amended Exhibit is attached hereto and is incorporated Exhibit "B" — An amended site plan of the Westside Condo, showing the various Units, the Common Exterior Area, the Common Interior Area, and the FCEDA tract. All other provisions of the Declaration, not in conflict herewith, are hereby ratified and reaffirmed. IIIII IIIIIIIII III IIIII III IIIII IIIII III IIIIII IIIIIII IIII'lllll llll lllll'llll 111 20220000519 Page:3 of 109 Fees: $80.00 2128/2022 9:30 AM IN WITNESS WHEREOF, the Declarant has caused this Amendment to Declaration to be made and executed according to the provisions of the Montana Unit Ownership Act, Section 70-23-101, MCA. WE,STSIDE CCC, INC. By: Chris Parson Its: President STATE OF MONTANA } ) ss County of Flathead ) On this day of c};hn,A��jr-y , 2022, before me, a Notary Public for the State of Montana, personally appeared Chris Parson, as the President of Westside CCC, Inc., known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. �NgsA r MELISSA FLITCH NOTARY PUBLIC for the NotAy Public for the State of Montana State of Montana Residing at , Montana SEAS Q Residing at Kalispell, Montana My Commission Expires: Ju N -7 2DZ� Ty My Commission Expires r�OF Mo�gP July 7, 2025 III111111II 11111111111 IN 11111 IN 1111IIII111111111111111111IIIII 20220000519 Page: 4of109 Fees: $80.00 2128/2022 9:30 AM ACKOWLEDGMENT & CONSENT IN WITNESS WHEREOF, the undersigned acknowledges and approves the adoption and recordation of the Amendment of Declaration of Unit Ownership. WESTSIDE CONDO OWNERS ASSOCIATION By: Tamara Williams Its: President STATE OF MONTANA ) ) ss County of Flathead ) On this ?fib day of Ia ary , 2022, before me, a Notary Public for the State of Montana, personally appeared T— a a Williams, as the President of Westside Condo Owners Association, known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. sA F 4�cyir MELISSA FUTCH NOTARY PUBLIC for the Nota Public for the State of Montana 'EAL State of Montana Residing at "li, Montana Residing at Kalispell, Montana M Commission Expires My Commission Expi •es: ' 11 A V,� Y P 9rF of Ma���r July 7, 2025 �- 4 �IIIIII II IIIIII IIIII���IIIII IIIII IIIII IIIIIm lull IIIII IIIII IIIII �II IIII'I I�I IIII 2022 Page.S of 10 9 Fees: $80.00 2/28/2022 9:30 AM PLAT OF GATEWAY IOMMUNITY CENTER (COMMON EXTERI❑R AREA) 489,121 SO. FT. Note: Area and building dimensions to center of wall unless along lines adjoining Lot 1 B Plat of Gateway Community Center. Dimensions to property line along Lot 1B EXHIBIT B SITE PLAN COMMON INTERIOR C❑MM❑NINTERI❑R AREA ..;,. AREA 32,355 SQ. FT. COMMON EXTERIOR AREA 7 Q�. �F, P� > x GOG��P e P o cj 1 CONDO 1 27,421 SQ. FT. CONDO 2 16,356 SQ. FT, CONDO 3 9,833 SQ, FT. CONDO 4 i 1,677 SQ. FT. CONDO 5 676 SQ. FT. CONDO 6 1,538 SQ. FT. CONDO 7 23,872 SQ. FT. CONDO 8 6,535 SQ. FT. N 100 0 100 200 SCALE FEET <<or—KL1 III III'll 111 lllll'lllllll111111111111111111 IN1111I IIIII IIIIIIIIII I III I III I IIN 20220000519 Page: 6 of 10 9 Fees: $80.00 2/28/2022 9:30 AN EXHIBIT D PROFESSIONAL LAND SURVEYOR'S CERTIFICATE I, Daniel Wagner, being a duly licensed registered professional land surveyor in the State of Montana, do hereby certify the following: That the floor plans for the condominiums depicted, which are attached hereto and incorporated by reference, truly and accurately depict the layout, location, unit design, and dimensions as built of the Westside Condo. /eD Dated this 2.3 day of February, 2022. I Damel Wagner, Professi Land Surveyor Professional Registration No. 19028 STATE OF MONTANA ) ) ss County of Flathead ) On this a 3 d y of February, 2022. before me, a Notary Public for the State of Montana, personally appeared Daniel Wagner, licensed land surveyor, known to me to be the person whose name is subscribed to this instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written. ANGELA G. CLARK a� "0� NOTARY PUBLIC FOR THE STATE OF MONTANA ^" }` RESIDING AT KALISPELL. MONTANA �, ....... 'r. 'koF MY COMMISSION EKPIRES ►ro`'` MARCH 05, 2025 ry �IL� ublic for the S� -t of Mon/tana�� Printed Name of Notary: (,Fa. 67' • NCLF Residing a , Montana My Commission Expires: I IIIIIIII II II I III IIIII IIII IIIII IIIII IIII IIIII IIII IIIII IIIII III III IIII II I III IIII IIII 20220000519 Page: 7 of 10 g Fees: ;80.00 2128/2022 1:30 AM Plat Rbom Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Condominiums Only FOR: WeStSlde CCC Inc DATE: 02/22/2022 DESCP : Westside Condo PURPOSE: Amd Condo YEARS ASSESSOR # 2018 thru 2020 0449200 2021 044920000508372,0508365 0508371,0508369,0508368 0508367,0508366 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. C S 1 8 2022 Deputy Treasurer (seal) h"0N T NNE IIIIIIIII IIII I III IIIII IIIII IIIII IIII IIIII IIIII IINI IIIIIIIIIIIIIII IIIII IIII IIIIIIIIII Inl Page 8 of 10 202206065199 - .. Fees: $80.00 - .. 2f2812022 9:30 AM Flathead Courtly:Clerk & Recorder Debbid, ierson Histoitic Cotrthotase - �� Clerk - Recorder 80.0 Wain 81- Room 114 ( - j� At ditorfsurveyor r � Kalispeil, MT 5990I -5420 Election.Aciministrator Phone+,(406) 758,5530 Fax. (406) 758-5865 Websitei htip,ptlatiiead mt gov/clerk_recorder E-mail, dpierson a� thead mt.gov. REVIEW -OF TOWNHOME, TOWNHOUSE OR CONDOMINIUM DECLARATION Date. Name of Declaration: t1V 255i• LUt!LG�O - s 1 The Sanitation in Subdivisions Act.requ res townhome, townhouse or condominium declarations to meet orie of three conditions prior to being recorded with the county clerk and recorder. § 76-4- 22, M.C.A. The attached declaration has been revkwed,and it has'been determined: :The condition has NOT been met and the declaration will not be recorded. i _>e- A condition has been met and.the declaration will _be, recorded, more specifically: . l) A. certificate: of.subdivision approval has been issued pursuant to,§ 764114, M:C.A. indicating the reviewing authority has approved the subdivision and. the.subdivtston (snot subject to a sanitary restriotion;, Or 2) The person wishing to file the declaration has obtained a certificate from the'gouerning body certifying authority, that ihesubdivision. will be provided with. adequate municipal or county water and/orsewer dtstrict.:facilities and adequate ... ' storm`waterdrainage.;... 9 Or - 3) The person wishing to fle the declaration -has placed on the'Aeclaration an acknowledged certification that the subdivision isaxempt from review under this part :The certification most quote:in its entirety the wording of the.applieable exemption. j i - 4 - Approved:: Flathead County Clerk -& Recorder Reviewed by f'%a` Flat ead City, -County Healtti'Deparr4ne. n.1 .. I -- 00005199 I IIIIIIIIII 2022 IIII��IIIIII IIIIII�IIIIII 111111111111111111111111111111111111111 IIIIIIII -Page 9 of 10 Fees: $80.00- . .... - : 2/28/2022 930 AM _ - - Development Services . Department 201 15' Avenue East ..Y"r _. Li Kalispell, 59901 ALI S P ELL Phone: (406) 5$77940 7 Fax: (406) 758-7739 www:kalispell.com/planning• SUBDIVISION EXEMPTION, REVIEW DATE: Septtember30.2021.. TO: -:. Flathead County: Plat Room - 800 South Main Street Kalispell, MT 59.901 . ". FROM: Kalispell Planning Department The City of Kalispell Planning. Department has reviewed the survey described below. I IIIIIIII II II I III IIIII IIIII IIIII IIIII IIIII IIIII IIIII11111111111111111111IN 111111111111111IIII202200005199 Pa9e: 10 of 10 Fees: $80.00 2/28/2022 9:30 AM Certification by Montana Department of Revenue The undersigned, being the duly authorized agent of the Department of Revenue of the State of Montana, County of Flathead, hereby executes the following certificate relating to Westside CCC Inc; Westside Condos, which are situated on the following described parcels of real property: Assessor Number 0449200; WESTSIDE CONDO ON L1A GATEWAY COMM CNTR, CONDO 1 Assessor Number 0508372; WESTSIDE CONDO ON L1A GATEWAY COMM CNTR, CONDO 8 Assessor Number 0508365; WESTSIDE CONDO ON L1A GATEWAY COMM CNTR, CONDO 2 Assessor Number 0508371; WESTSIDE CONDO ON L1A GATEWAY COMM CNTR, CONDO 7 Assessor Number 0508369; WESTSIDE CONDO ON UA GATEWAY COMM CNTR, CONDO 6 Assessor Number 0508368; WESTSIDE CONDO ON UA GATEWAY COMM CNTR, CONDO 5 Assessor Number 0508367; WESTSIDE CONDO ON L1A GATEWAY COMM CNTR, CONDO 4 Assessor Number 0508366; WESTSIDE CONDO ON L1A GATEWAY COMM CNTR, CONDO 3 1. The name "Plaza West Condominium" is not the same as, similar to or pronounced the same as a word in the name of any other property or subdivision located within Flathead County and complies with Section 70-23-303 of the Montana Code Annotated; and 2. All taxes and assessments due and payable for the aforementioned property have been paid to date. DATED this February 22, 2022. State of Montana Department of Revenue I,�uN Sig e Jamie Byers Printed PVS III Title Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (406) 758-5510 This Form is for Subdivisions Only BY: IMEG FOR : Westside Condo & Flathead Food Bank Inc DATE: 06/03/2022 DESCP : Creekside Commons PURPOSE: Subdivision YEARS 2019 & 2020 20 ASSESSOR # 0449200 0449200, 0508372, 0508371, 0508369. 0508368, 0508367, 0508366,0508365 I hereby certify that there are no outstanding taxes on the property assigned the assessor numbers listed above, for the years indicated for each assessor number. rim 23= Deputy Treasurer (seal) Return to: Westside CCC, Inc. PO Box 8345 Kalispell, MT 59904 AMENDED RECIPROCAL STORM WATER DRAINAGE EASEMENT THIS AMENDED AGREEMENT AND GRANT OF EASEMENT (this "Agreement") is made this day of , 2022; by WESTSIDE CCC, Inc. (Westside) of PO Box 8345, Kalispell, MT 59904 and between The Galleria, LLC., successor -in -Interest to Husky Partners, LLC. (Galleria) of 300 Bridge Street, Bigfork, MT 59911, and Housing Solutions, LLC. (Housing Solutions) of PO Box 2099, Missoula, MT 59806; WHEREAS, Westside is the owner of that real property located in the southeast quarter, Section 12, Township 28 North; Range 22 West, Principal Meridian, Montana, City of Kalispell, Flathead County, Montana, described as Lot 1 A of Gateway Community Center, records of Flathead County, Montana and, WHEREAS, Galleria is the owner of that real property located in the southeast quarter Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, City of Kalispell, Flathead County, Montana, described as Lot 1 and Lot 2 of Glenwood West, records of Flathead County; WHEREAS, Housing Solutions is the owner of that real property located in the southeast quarter Section 12, Township 28 North, Range 22 West, Principal Meridian, Montana, City of Kalispell, Flathead County, Montana, described as Lot 1 of Creekside Commons, records of Flathead County; WHEREAS, the parties agree that an easement be granted by and between Westside, Galleria, and Housing Solutions for the conveyance of storm water from Lot 1 and Lot 2 of Glenwood West; Lot 1 of Creekside Commons; and Lot 1A of Gateway Community Center over, under and across a portion of Lot 1 Creekside Commons; over, under and across a portion of Lot 2 of Glenwood West; over, under and across Lot 1A of Gateway Community Center utilizing an existing storm water system consisting of storm water collection basins, treatment units, conveyance pipes (including relocated pipes) and storm drain retention pond. WHEREAS, the Parties hereto desire to enter into this agreement for the purpose of creating said easement and setting forth the terms and conditions thereof, NOW THEREFORE, and in consideration of the mutual promises, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Westside, Galleria, and Housing Solutions hereby grant, bargain, sell, convey, transfer and deliver unto each other a reciprocal easement for the conveyance of storm from Lot 1 and Lot 2 of Glenwood West; Lot 1 of Creekside Commons; and Lot 1A of Gateway Community Center over, under and across a portion of Lot 1 Creekside Commons; over, under and across a portion of Lot 2 of Glenwood West; over, under and across Lot 1A of Gateway Community Center utilizing an existing storm water system consisting of storm water collection basins, treatment units, conveyance pipes (including relocated pipes) and storm drain retention pond., all as shown on Exhibit A attached hereto and by this reference incorporated herein. AMENDED RECIPROCAL STORM WATER DRAINAGE EASEMENT —PAGE 1 2. Said easement shall be ten (10) feet wide, five (5) feet on either side of the existing and new storm water conveyance pipe, and shall be located as shown on Exhibit "A" attached hereto. 3. Each of the parties hereto reserve the right to use said easement for themselves, their successors, and assigns, and further reserve unto themselves the full use and enjoyment of the premises across which the above -described easement traverses, in common with each other, except as to the rights herein granted and reservations retained. 4. It is the intent of the parties hereto that said easement shall be for the benefit of and appurtenant to Lot 1 and Lot 2 of Glenwood West, Lot 1 of Creekside Commons, and Lot 1A of Gateway Community Center; records of Flathead County, Montana. 5. The parties agree to exercise the rights granted and reserved herein for storm water conveyance, for maintenance and repair of the conveyance facilities and associated parts and agree to use said system so that the same will cause as little damage as possible to the property of the other, normal wear due to use of said easement excepted. 6. Each party shall maintain the stormwater conveyance infrastructure on their own property. 7. Each party shall install at their own expense any equipment or improvements necessary to properly treat the stormwater to the City of Kalispell standards when required and convey water to the storm water collection system when required. 8. Maintenance of the Storm Water Treatment Unit located on Glenwood Lot 2 , and of the Storm Water Storage Pond located on Gateway Community Center — Lot 1A shall be shared on a pro rata basis, as apportioned herein, based on the lot area of all properties which contribute to storage needs in the pond. Lot Lot Area (Acres) Lot Apportion Glenwood West — Lot 1 1.802 9.76% Glenwood West — Lot 2 2.159 11.69% Creekside Commons — Lot 1 1.014 5.49% Gateway Community Center — Lot 1A 13.490 73.06% 9. The parties hereby acknowledge and agree that each lot covered by this Agreement may be further developed and that such development may increase the discharge of storm water into the stormwater conveyance infrastructure. Notwithstanding such, no approval shall be required by the parties to this Agreement regarding such possible future development and this Agreement shall remain in full force and effect. 10. This easement shall be binding upon and shall inure to the benefit of the parties hereto, their successors, and assigns. AMENDED RECIPROCAL STORM WATER DRAINAGE EASEMENT —PAGE 2 IN WITNESS WHEAREOF, the parties have hereunto set his hand and seal. DATED this day of 120 WESTSIDE CCC, INC. By: STATE OF MONTNA Chris Parson, Chair President ss. County of Flathead ) This instrument was acknowledged before me on this day of , 20 , by Chris Parson, Chair President. Notary Public for the State of Montana THE GALLERIA, LLC. By: STATE OF MONTNA Walter Kuhn, Managing Member ss. County of Flathead ) On this day of 20_, before me, a Notary Public, in and for said state, personally appeared WALTER KUHN, known to me to be the persons whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. Notary Public for the State of Montana HOUSING SOLUTIONS, LLC. By: STATE OF MONTNA Alex Burkhalter, Manager ss. County of Flathead ) On this day of 20_, before me, a Notary Public, in and for said state, personally appeared ALEX BURKHALTER, known to me to be the persons whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same. Notary Public for the State of Montana AMENDED RECIPROCAL STORM WATER DRAINAGE EASEMENT —PAGE 3 EXHIBIT 'A' LOCATED IN THE SE1/4 OF SEC. 12, T.28N., R.22W., P.M.M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA LOT 1 AMENDED PLAT OF ( WEST 1.8 2 ACRE a LOT 2 STORM DRAIN PIPING AMENDED PLAT ti OF GLEN2.159 AODJ WEST 2.159 ACRES STORM WATER TREATMENT UNIT STORM DRAIN MANHOLE EXISTING STORM WATER POND (LOCATION APPROXIMATE) �V��ovl-t XXO PROPERTY BOUNDARY N t 75 0 75 150 SCALE IN FEET PREPARED BY'(111p, , '*-"6'lMEG 1817 SOUTH AVE. W. STE. A PH: 406.721.0142 MISSOULA, MT FAX: 406.721.5224 59801 www.imegcorp.com IMEG PROJECT NO. 21005914 SHEET 1 OF 1 After recording return to: Vincent G. Rieger Law Office of Vincent G. Rieger. P.C. P.O. Box 9677 Kalispell. MT 59904 EASEMENT MAINTENANCE AGREEMENT THIS EASEMENT & ROAD MAINTENANCE AGREEMENT is made and entered into this ]I s�--day of July. 2022, by )WESTSIDE CCC. INC., a Montana not - for -profit corporation ("Westside") and WESTSIDE CCC. INC., a Montana not -for -profit corporation ("Lot 1 Owner"). WITNESSETH: WHEREAS, the above named entities are the owners of two (2) tracts of real property located in Flathead County, Montana hereinafter described and are desirous of subjecting said real property to the easement and maintenance agreement hereinafter set forth and said agreement is and shall be for the benefit of and pass with said real property and shall apply to and bind the successors in interest and any owners thereof. NOW, THEREFORE, the owners agree that the real property described belo-v%- shall be held, sold, and conveyed subject to the following easement and maintenance agreement which shall run with the land and be binding on all parties having any right, title or interest in the described properties or any part thereof. their heirs, successors and assigns and shall insure to the benefit of each owner thereof. 1. DESCRIPTION. The parties to this Easement and Maintenance Agreement own the following real property situated in Flathead County, Montana (the "Real Property"): (a) Westside owns the following described real property located in Flathead County, Montana (hereinafter "Westside Tract"): 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: L0] I A OF GATE: WAS' COi•1vlUNITY CI N I ER, .ACCORDING 10 11 IF MAP OR PLAT THEREOF ON FILF AND OF RECORD IN THE OFFICE 01: 1 HE C1.FRK AND RECORDER OF FLATHEAD CO['IN] Y. MON I ANA. EXCEPTING T14EREFROM PARCEL A OF GLENWOOD WEST, ACCORDING TO THF= MAP OR PLAT'i HL:RFOF ON FILE AND OF RECORD IN THE OFFICE 01' 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. Excepting therefrom the Lot 1 Tract as described in this agreement (b) Lot I Owner owns the following described real property located in Flathead County, Montana (hereinafter "Lot I Tract"): LOT 1 OF CREEKSIDE COMMONS, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE; AND OF RECORD IN THE OFFICE: OF THE CLERK AND RECORDER OF FLATHEAD COUNTY, MONTANA 2. PURPOSE. The purpose of this Agreement is to grant an easement and to estah'ish a means for the maintenance of the easement serving and appurtenant to the above -described Tracts. 3. EASEMENT. A perpetual public access and utility easement is depicted on the Subdivision Plan of Creekside Commons. Westside hereby grants the easement for the benefit of the Lot 1 Tract. The easement strip is twenty-six feet (26') wide. The location of the easement strip is depicted on the Subdivision Plan of Creekside Commons on file and of record in the office of the clerk and recorder of Flathead County, Montana and attached as Exhibit "A" which is attached here and incorporated by reference. 4. ROAD MAINTENANCE AGREEMENT. The owners of the Westside Tract and the HS Tract shall share all costs of maintaining the easement strip equally. The easement strip shall be well maintained, kept free of weeds and debris, and if paved, .such pavement shall be maintained in good condition, including periodic seal coating. 5. SUCCESSORS. The burdens and benefits of this Agreement shall attach to and run with the respective properties described herein and shall be binding upon and for the benefit of the parties hereto and their respective heirs, successors and assigns. 6. DURATION OF AGREEMENT. The conditions of this Agreement shall run with and bind the real property for a terns of thirty (30) years from the elate this Agreement is recorded. after which time they shall be automatically extended for successive periods of ten (10) years. 7. AMENDINIENT. "Phis Agreement may be amended at any time by the unanimous consent of all of the Owners. All amendments hereto shall be recorded in the office of the Clerk and Recorder of Flathead County. Montana. IN wi,rNESS WHEREOF. the undersigned have executed this Easement and Maintenance Agreement as of the date first above written. WESTSIDE CCC, INC. Its: 4HERy9 NOTARY PUBICorr the UQ a°s"R State of Montana STATE OF MONTANA ) 'A SFAi• z Residing at Kalispell, MT :ss OF My Commission Expires County of Flathead ) November 23, 2022. This instrument was acknowledged before me on this �?/'� day of 2022, by as the of WestsCCC, Inc. Notary Public for the- State of Montana Residing at /�,. / , Montana My commission expires: 2Z 2022 I_or I oivner Sr nulurc STATE OF MONTANA ss County of / 1 !/,.'/ WESTSIDE CCC, INC. Its: �� eez �--` pHER CHRISTOPHER HAMILL NOTARY PUBLIC for the State of Montana (a SEAL z Residing at Kalispell, MT My Commission Expires � �grfi� November 23, 2022. This instrument was acknowledged before me on this -2/day of 2022, by as the 01/1 L of Housing Solutions, LLC. Notary Public for the State of Montana Residing at /�. /.;2�, //, Montana My commission expires: Al,-,— .4: ?E 4 EXHIBIT A F I � - II W { I v G Return to: Aimee Brunckhorst Kalispell City Clerk 201 1"Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 6 day of September 20 22 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Housing Solutions, LLC (Name of Developer) a Company (Individual, Company or Corporation) located at PO Box 2099 Missoula, MT 59806 , (Street Address/P. O. Box) (City, County, State, Zip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Creekside Commons (Name of Subdivision) located at 1.014 acres of Lot 1 A of Gateway Community Center (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Creekside Commons , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A'; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $ 6,500 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 8,125 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 8125 completing the required improvements in Creekside Commons (Name of Subdivision) the estimated cost of b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by July 6, , 20 23 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein befor i n. Housing Solutfarns, LLC. by Alex Burkhalter Manager (Name) (Title) STATE OF MONTANA COUNTY OF g( sSau(o- On this 'j q day of Av 5„s f , 20 2 Z , before me, a Notary Public for the State of Montana, personally appeared Alex Burkhalter , known to me to be the Manager of Housing Solutions, LLC , whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year first above written. NotaryPublic for the State of Montana Printed Name %7 It, C„, r« Residingat Me's,ow(.- 0'1� My Commission Expires y /Zo /'LS MAYOR, CITY OF KALISPELL ATTEST: MAYOR TYLER CURRENCE NOTARY PUBLIC for the State Montana of 3EA Residing at Missoula, Montana on Expires My �20, September 2025 CITY CLERK EXHIBIT A Conditions of approval as fixed to the preliminary plat by the City Council, Kalispell, Montana. EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving Street Base Sidewalks Curbs and Gutters Sanitary Sewers Mains Other ( ) On -Site Sewage Facilities Water Systems Mains Other ( ) On -Site Water Supply Water Storage Tanks Fire Hydrants Storm Sewer or Drainage Facilities Street Signs Street Lighting Street Monuments Survey Monument Boxes Landscaping/Boulevard trees X September 2023 $6,500.00 0% Other ( SUBTOTAL $6,500.00 FEES TOTALS COSTS$6,500.00 TOTAL COLLATERAL (TOTALS COSTS X 125%) 8 125.00