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H3. KNTC Ph 4 Final PlatCITY 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.kalisnell.com/Manning SUBJECT: Final plat request for Kalispell North Town Center Phase 4 MEETING DATE: August 7, 2023 BACKGROUND: Stillwater Corporation has submitted a request for final plat approval of Kalispell North Town Center Phase 4. This phase is approximately 11.73 acres and includes 10 commercial lots, common area, and a new city street. The property can be described as Lot IA of the amended plat of Block 3 of Kalispell North Town Center — Phase 2 and Lots 8 & 9, Block 1 and Lot 1, Block 2 of Kalispell North Town Center — Phase 2 located in portions of the Sl/2 of Section 19 and the N1/2 of Section 30, Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, excluding therefrom the subdivision plat of Kalispell North Town Center Phase 3, located in the north half of Section 30, Township 29 North, Range 21 West, P.M.M., City of Kalispell, Flathead County, Montana. The City Council approved the preliminary plat with 26 conditions on July 3, 2023 (Resolution 6139). All of the conditions have been met or adequately addressed. The attached report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted or bonded for. A subdivision improvement agreement in the amount of $891,671.93 secured by a performance bond is included for the Council's consideration. RECOMMENDATION: It is recommended that the City Council make a motion to approve the final plat for Kalispell North Town Center Phase 4, as well as the subdivision improvement agreement. FISCAL EFFECTS: Positive impacts once developed. ALTERNATIVES: Deny the request. ATTACHMENTS: Final plat compliance letter and associated attachments. Report compiled: July 25, 2023 c: Aimee Brunckhorst, Kalispell City Clerk CITY OF KALISPELL July 25, 2023 Doug Russell, City Manager City of Kalispell 201 lst Ave E Kalispell, MT 59901 Re: Final Plat request for Kalispell North Town Center Phase 4 Dear Doug: Planning Department 201 1' Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning Stillwater Corporation has submitted a request for final plat approval of Kalispell North Town Center Phase 4. This phase is approximately 11.73 acres and includes 10 commercial lots, common area, and a new city street. The property can be described as Lot lA of the amended plat of Block 3 of Kalispell North Town Center — Phase 2 and Lots 8 & 9, Block 1 and Lot 1, Block 2 of Kalispell North Town Center — Phase 2 located in portions of the S1/2 of Section 19 and the N1/2 of Section 30, Section 19, Township 29 North, Range 21 West, P.M.M., Flathead County, Montana, excluding therefrom the subdivision plat of Kalispell North Town Center Phase 3, located in the north half of Section 30, Township 29 North, Range 21 West, P.M.M., City of Kalispell, Flathead County, Montana. The City Council approved the preliminary plat with 26 conditions on July 3, 2023 (Resolution 6139). All of the conditions have been met or adequately addressed. The following report summarizes the applicant's compliance with the conditions of approval. All infrastructure has been installed and accepted or bonded for. A subdivision improvement agreement in the amount of $891,671.93 secured by a performance bond is included for the Council's consideration. 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 site has been developed in substantial compliance with the listed documents and conditions. 2. All applicable conditions within Ordinance 1630 (Kalispell North Town Center PUD) shall apply. Staff Response: This condition has been met. The phase is in conformance with the PUD. 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. Staff Response: This condition has been met. Preliminary plat was granted in July 2023 and is valid. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure may include but not be limited to water/sewer mains, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. Staff Response: This condition has been met. The Public Works Department provided letters dated February 14, 2023, approving the design and August 1, 2023, deeming the condition to be satisfied. 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. 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 a proper bond is in place for said improvements. Staff Response: This condition has been met. The Public Works Department provided letters dated February 14, 2023, approving the design and August 1, 2023, deeming the condition to be satisfied. 6. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant feature shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. The storm water ponds will be required to be on utility lots, and access for maintenance of the ponds shall be provided in accordance with city standards. Staff Response: This condition has been met. The Public Works Department provided letters dated February 14, 2023, approving the design and August 1, 2023, deeming the condition to be satisfied. 7. The developer shall submit to the Kalispell Public Works Department prior to construction an erosion/sediment control plan for review and approval and a copy of all documents submitted to Montana Department of Environmental Quality for the General Permit for Storm Water Discharge Associated with Construction Activities. Staff Response: This condition has been met. The applicant provided the DEQ permit and the Public Works Department provided a letter dated August 1, 2023, deeming the condition to be satisfied. 8. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction of any new mains located within Pondera Street as well as any extensions or other improvements necessary to serve Lots 8, 9, 10, and 13. Any road surfaces disturbed will require an overlay or chip seal to restore the surface to acceptable standards. Staff Response: This condition has been met. The Public Works Department provided letters dated February 14, 2023, approving the design and August 1, 2023, deeming the condition to be satisfied. 9. Any water and sewer main extensions 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 and sewer 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 and sewer mains have been built and tested as designed and approved, or that the improvements have been appropriately bonded for. Staff Response: This condition has been met. The Public Works Department provided letters dated February 14, 2023, approving the design and August 1, 2023, deeming the condition to be satisfied. 10. The developer shall submit the street designs for any required improvements to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction, including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. Staff Response: This condition has been met. The Public Works Department provided letters dated February 14, 2023, approving the design and August 1, 2023, deeming the condition to be satisfied. 11. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, 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. The Public Works Department provided a letter dated August 1, 2023, deeming the condition to be satisfied. 12. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Staff Response: This condition has been met. The Public Works Department provided a letter dated August 1, 2023, deeming the condition to be satisfied. 13. The following statement shall appear on the final plat: "The undersigned hereby grants unto each and every person, firm or corporation, whether public or private, providing or offering to provide telephone, telegraph, electric power, gas, cable television, water or sewer service to the public, the right to the joint use of an easement for the construction, maintenance, repair, and removal of their lines and other facilities, in, over, under, and across each area designated on this plat as "Utility Easement" to have and to hold forever." Developer's Signature Staff Response: This condition has been met. The note appears on the face of the final plat. 14. Prior to filing the final plat, a letter from the US Postal Service shall be included stating the Service has reviewed and approved of the design and location of the mail delivery site. The mail delivery site shall be installed or bonded for prior to final plat. In addition, the mail delivery site and improvements shall also be included in the preliminary and final engineering plans to be reviewed by the Public Works Department. The mail delivery site shall not impact a sidewalk or proposed boulevard area. Staff Response: This condition has been met. The applicant provided a letter from the USPS dated June 9, 2020, approving the location. 15. A property owner's association shall be formed and established for the common areas prior to final plat. The association should include provisions for the maintenance of all common areas including the storm water ponds and open space areas. Staff Response: This condition has been met. Proposed covenants providing for the maintenance of common areas are included with the submittal. 16. A note shall be placed on the final plat stating that owners waive their right to protest a Special Improvement District for maintenance of common areas. A district shall only be activated in the event that the homeowner's association defaults on their common area maintenance obligations. The taxes levied within the special improvement district shall be determined by the appropriate city department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the face of the final plat. 17. 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 bonded for. Staff Response: This condition has been met. The Parks Department provided a letter dated August 1, 2023, conditionally approving the landscaping plan. 18. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Staff Response: This condition has been met. The note appears on the face of the final plat. 19. 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 assessments 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 final plat. 20. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." Staff Response: This condition has been met. The note appears on the face of the final plat. 21. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Staff Response: This condition has been met. The Public Works Department provided a letter dated August 1, 2023, deeming the condition to be satisfied. 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Staff Response: This condition has been adequately addressed. The applicant's compliance letter noted that improvements are included within the subdivision improvement agreement and will be appropriately re -vegetated. 23. A letter from the Kalispell Fire Department approving the access, placement of the fire hydrants and fire flows within the subdivision shall be submitted prior to final plat. Staff Response: This condition has been met. A letter from the Fire Department dated January 17, 2023, was included with the application. 24. The trail system shall only cross the public rights -of -way at designated locations approved by Public Works. Staff Response: This condition has been met. The Public Works Department provided a letter dated August 1, 2023, deeming the condition to be satisfied. 25. Any water rights associated with the property shall be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. Staff Response: This condition has been met. The Public Works Department provided a letter dated August 1, 2023, deeming the condition to be satisfied. 26. Any mitigation required for this phase under the previously accepted Traffic Impact Study shall be implemented. Staff Response: This condition has been met. The Public Works Department provided a letter dated August 1, 2023, deeming the condition to be satisfied. 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 with a Planned Unit Development overlay 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 and subdivision improvement agreement for Kalispell North Town Center Phase 4. Attachments: - Two mylars of final plat - Copy of Final plat - Subdivision Improvement Agreement and Engineers Estimate - Applicant responses and final plat application - Fidelity National Title Insurance Guarantee FT-1585-230188 dated 5/31/23 - Flathead County tax certification dated 7/3/23 - Letters from Public Works dated 2/14/23, 2/14/23, and 8/1/23 - DEQ letter dated 2/1/23 - Parks letter dated 8/1/23 - Fire Dept letter dated 1/17/23 - USPS letter dated 6/9/20 - DEQ Stormwater Permit - Infrastructure certifications - CCRs - Water rights information c w/ Att: Aimee Brunckhorst, Kalispell City Clerk c w/o Att: Jackola Engineering 2250 Hwy 93 S Kalispell, MT 59901 ko 51 •a • o � aaa _ w � Rt W U) CL cr Lu O ' a 555\LO t, cc Z W a J 1 X. N 0 - F 00 0 a z z° • o \ Oa "' a � o \ x vo�a, G \ G CS 00 == o 1a3��o-a�ti3� tiMo� Nae3o�os�a3dlge`�I 5 sox �e mU OE ti! a� y� z �F I a e� �In omc\\O = ovoe TT \ �sF ea_- Ou�zal�t�bi C o 3.sz,00.00N � G \ P U Ill Return to: Aimee Brunckhorst Kalispell City Clerk 201 1st Avenue East Kalispell, MT 59901 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 17 day of July , 2023 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Parry of the First Part and hereinafter referred to as the CITY, and Stillwater Corporation, DPC (Name of Developer) a Domestic Profit Corporation (Individual, Company or Corporation) located at PO Box 7338, Kalispell MT 59904 , (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 Kalispell North Town Center - Phase 4 (Name of Subdivision) located at N 1/2 of Section 30, T. 29 N., R. 21 W., P.M., M., (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Kalispell North Town Center - Phase 4 , 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 $713.337.54 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 $891,671.93 . 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 $ 891,671.93 the estimated cost of completing the required improvements in Kalispell North Town Center - Phase 4 (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 May 15 , 2024 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of two (2) years from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f. All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS 'WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written" Stillwater Corporation, DPC (Name of Sub "vi ian/Develape /Firm) by z l Gam" ( ame) (Title) STATE OF MONTANA COUNTY OF IP1rj(] On this 1"A day of ] V 20 Z-2j, before me, a Notary Public for the State of Montana personally appeared [ -�i��_ , known to me to be the of 7 WC A) whose name is subscribed to t e foreg 'nand acknowledged to me that hefshe exe uted the same. EREOF, I have hereunto set my hand and affixed my Notarial Seal this day and year Notary is r the Stat Montan Printed 7� Residing at l My Commissio xpires i f MAYOR, CITY OF K AI •ISPELL ILVAF.i °[s]N M .Fr STEPHEN M PETRINI y �osA ty� - NOTARY PUBLICfor the * SEAL * State of Montana Residing at Kalispell, Montana "qf PC'4 My Commission Expires EQPM0 October 8, 2025 ATTEST: 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 and their estimated construction costs. Exhibit A RESOLUTION NO.6139 A RESOLUTION CONDITIONALLY APPROVING THE PRELIMINARY PLAT OF KALISPELL NORTH TOWN CENTER PHASE 4, DESCRIBED AS LOT 1A OF THE AMENDED PLAT OF BLOCK 3 OF KALISPELL NORTH TOWN CENTER — PHASE 2 AND LOTS 8 & 9, BLOCK 1 AND LOT 1, BLOCK 2 OF KALISPELL NORTH TOWN CENTER — PHASE 2 LOCATED IN PORTIONS OF THE SOUTH HALF OF SECTION 19 AND THE NORTH HALF OF SECTION 30, SECTION 19, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, EXCLUDING THEREFROM THE SUBDIVISION PLAT OF KALISPELL NORTH TOWN CENTER PHASE 3, LOCATED IN THE NORTH HALF OF SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA. WHEREAS, 'Stillwater Corporation, the owner of the certain real property described above, has petitioned for approval of the Subdivision Plat of said property; and WHEREAS, the Kalispell City Planning Board and Zoning Commission held a public hearing on June 13, 2023 on the proposal and reviewed Subdivision Report #KPP-23-05 issued by the Kalispell Planning Department; and WHEREAS, due to lack of a quorum, the Kalispell City Planning Board and Zoning Commission was not able to recommend approval of the Preliminary Plat of Kalispell North Town Center Phase 4, but expressed no concerns regarding the proposal; and WHEREAS, the city council of the City of Kalispell at its regular council meeting of July 3, 2023, reviewed the Kalispell Planning Department Report #KPP-23-45, reviewed the minutes of the Kalispell City Planning Board and Zoning Commission, and found from the Preliminary Plat, and evidence, that the subdivision is in the public interest. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department Report #KPP-23-05 are hereby adopted as the Findings of Fact of the city council.. SECTION 2. That the application of Stillwater Corporation for approval of the Preliminary Plat of Kalispell North Town Center Phase 4, Kalispell, Flathead County, Montana is hereby approved subject to the following conditions: The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. 2. Ali applicable conditions within Ordinance 1630 (Kalispell North Town Center PUD) shall apply- 3. The preliminary plat approval shall be valid for a period of three years from the date of approval. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure may include but not he limited to waterlsewer mains, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved, or a proper bond is in place for said improvements. 5. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant feature shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. The storm water ponds will be required to be on utility lots, and access for maintenance of the ponds shall be provided in accordance with city standards. 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. 8. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction of any new mains located within Pondera Street as well as any extensions or other improvements necessary to serve Lots 8, 9, 10, and 13. Any road surfaces disturbed will require an overlay or chip seal to restore the surface to acceptable standards. Any water and sewer main extensions 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 and sewer 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 and sewer mains have been built and tested as designed and approved, or that the improvements have been appropriately bonded for. 10. The developer shall submit the street designs for any required improvements to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction, including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. 11. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. 12. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. 13. 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 14. 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. 1.5. A property owner's association shall be formed and established for the common areas prior to final plat. The association should include provisions for the maintenance of all common areas including the storm water ponds and open space areas. 16. A note shall be placed on the final plat stating that owners waive their right to protest a Special Improvement District for maintenance of common areas. A district shall only be activated in the event that the homeowner's association defaults on their common area maintenance obligations. The taxes levied within the special improvement district shall be determined by the appropriate city department with approvals by the Kalispell City Council. 17. 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 bonded for. 18. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. 19. A note shall be placed on the final plat indicating a waiver of the right to protest creation of stormwater maintenance district. This district shall only be activated in the event that the property owner(s) default on the maintenance of the approved storrnwater facilities. The assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. 24. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision. 21. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. 23. 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. 24. The trail system shall only cross the public rights -of -way at designated locations approved by Public Works. 25. Any water rights associated with the property shall be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. 26. Any mitigation required for this phase under the previously accepted Traffic Impact Study shall be implemented. SECTION 3. Upon proper review and filing of the Final Plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 3RD DAY OF JULY, 2023. _ �1 - �?C� Mark Johns ATTEST: Mayor Ai ee Brunckhorst, CMC City Clerk '.��►Rl i f l l 11/1 `w f���,'►rtrii+���r�i EXHIBIT B - ENGINEER'S ESTIMATE KALISPELL NORTH TOWN CENTER - PHASE 4 m I� Percentage Ho. Deseriodon uan Unit I Unit Cast Total Cast ua Complete Cornphftd Value ON -SITE 10 MOBILIZATION 1 LS $ 29,419,62 $ 29,419.62 0.5 S❑% $ 14,709,81 20 SURVEYSTAKING 1 LS $ 13,548.78 $ 13,S48.78 D.5 50% $ 6,774,39 30 TRAFFIC CONTROL 1 L5 $ 2,007.23 $ 2,007.23 0.5 50% $ 1,003.62 40 TRACKING PAD 2 FA $ 2,680,42 $ 5,360.84 1 50% $ 2,680,42 50 SILT FENCE 300 LF $ 3,06 $ 918.00 0 D% $ 60 INLET PROTECTORS 12 EA $ 61.03 $ 732,36 0 0% $ - 70 SAWCUT & REMOVE ASPHALT 2587 SF $ 3.78 $ 9,778.86 2587 lOD% $ 9,778.86 80 DEMO CURB & GUTTER 252 LF $ 7,84 $ 1,975.68 252 1001A $ 1,975.68 90 STRIP & STOCKPILE ORGANICS 4452 CY $ 3.37 $ 15,003,24 4452 100% $ 15,003,24 100 51TE CUTJFIH 1 LS $ 63,498.69 $ 63,498,69 0.8 80% $ 50,798.95 110 REPLACE ORGANICS { 5" DEPTH } 2537 CY $ 16.08 $ 40,794.96 0 0% $ - 120 CONNECT TO EXISTING 18" WATER MAIN 1 EA $ 25,886,50 $ 25,896,50 1 100% $ 25,88&50 130 CONNECT TO EXISTING 8" WATER MAIN 1 EA $ 15,082.28 $ 15,082.28 1 100% $ 15,082,28 140 8" WATER MAIN 930 LF $ 85.05 $ 79,096.50 930 100% $ 79,096,50 150 8" GATE VALVES 5 FA $ 2,434.93 $ 12,174.65 5 100% $ 12,174,65 160 8" FITTINGS 7 EA $ 649.97 $ 4,549.79 7 100% $ 4,549.79 170 LOWER WATER MAIN 1 L5 $ 7,044.43 $ 7,044.43 1 100% $ 7,044.43 180 FIRE HYDRANT ASSEMBLY 3 FA $ 8,887,44 $ 26,662.32 3 100% $ 26,662.32 190 1.5" WATER SERVICE 8 EA $ 8,312,21 $ 66,497.68 8 100% $ 66,497A8 200 8" SEWER MAIN 745 LF $ 77,02 $ 57,379.90 745 100% $ 57,379.90 210 SEWER MANHOLES 5 EA $ 4,842.21 $ 29,053.26 6 100% $ 29,OS3.26 220 4" SEWER SERVICE 4 EA $ 3,452,58 $ 13,810,32 4 100% $ 13,810.32 230 4" SEWER SERVICE & 1,25" FM SERVICE 4 EA $ 5,971.18 $ 23,884.72 4 100% $ 23,884,72 240 CONNECT TO EXISTING X5DMH-31 1 LS $ 3,279.90 $ 3,279.90 1 100% $ 3,279.90 250 12" STORM DRAIN 737 LF $ 79.22 $ 59,385.14 720 98% $ 57,038.40 260 30" DIAMETER CATCH BASINS WINLETAPRONS 6 FA $ 3,657.06 $ 21,942.36 6 100% $ 22,942,36 270 48" DIAMETER STORM MANHOLES 4 EA $ 4,642A6 $ 19,569.84 4 100% $ 18,569,84 280 60" DIAMETER STORM MANHOLES 1 EA 5 14,956.89 $ 14,956.89 1 100% $ 14,956.89 290 4" IRRIGATION SLEEVES 279 LF $ 17.68 $ 4,932.72 0 0% $ 300 COMMON UTILITY TRENCH W/BEDDING 1010 LF $ 13.53 $ 13,665.30 1010 100% $ 13,665.30 310 4" POWER CONDUIT W/SWEEPS & PULE ROPE 1123 LF $ 14.08 $ 15,011.84 1065 95% $ 14,995.20 320 2" COMM CONDUIT W/SWEEPS & PULL ROPE 2246 LF $ 5.26 $ 11,813.96 213S 95% $ 11,230.10 330 3 PHASE ELECT VAULT 6 EA $ 1,906.54 $ 11,439.24 6 100% $ 11,439.24 340 SINGLE PHASE ELECT VAULT 1 EA $ 1,237.98 $ 1,237.98 1 10R% $ 1,237.98 350 LIGHTTRENCHING 94 LF $ 18.82 $ 1,769.08 94 100% $ 1,769.08 360 LIGHT CONDUIT W/SWEEPS & PULL ROPE 1044 LF $ 4.56 $ 4,760.64 992 95% $ 4,523.52 370 JUNCTION BOXES 3 EA $ 701.58 $ 2,104.74 3 100% $ 2,104.74 300 FEC LIGHT BASES S EA $ 1,122.42 $ 5,612.10 5 100% $ 5,612.10 390 CURB & GUTTER 1710 LF $ 19.63 $ 33,567.30 ❑ 0% $ 400 CURB & GUTTER - LAYDOWN 136 LF $ 33.03 $ 4,492.08 0 0% $ 420 HC RAMPS W/GRAVEL 830 5F $ 15.8i $ 13,122.30 0 0% $ 430 DOME TILES 16 FA $ 388.40 $ 6,214.40 0 0% $ - 440 SIDEWALK W/GRAVEL 18725 SF $ 5.45 $ 1W,051.25 0 0% $ 450 9" OF 3" MINUS 24401 SF $ 1.02 $ 24,889,02 0 D% $ - 460 6" OF 3/4" CRUSH 24401 SF $ 0,82 $ 20,D08.82 0 0% $ 470 4" OF ASPHALT 24401 SF $ 2.45 $ 59,782,45 0 D% 480 9" OF 3" MINUS - PATH 18449 SF $ 1.38 $ 25,459,62 0 D% $ 490 6" OF 3f4" CRUSH - PATH 18449 SF $ 1.12 $ 20,662.88 0 0% $ 500 4" OF ASPHALT - PATH 18449 SF $ 2.77 $ 51,103.73 0 0% $ 510 STREET RESTORATION - GRAVEL &, ASPHALT 2587 5F $ 7.91 $ 20,463.17 0 D% $ S1S STREET RESTORATION - CHIP SEAL 9067 SY $ 0,75 $ 6,800.2S 0 D% $ 520 STRIPING 1 LS $ 9,072,66 $ 9,072,66 0 D% $ 530 STOP SIGN WISTREET NAMES 2 EA $ 1,051.79 $ 2,103.58 0 0% $ 540 CROSSWALK SIG NAG E 1 LS $ 21,017,66 $ 21,017,66 0 0% $ 600 COMMON AREA IMPROVEMENTS 1 LS $ 150,000.00 $ 150,000.00 0 0% 610 LANOSCAPING/ IRRIGATION 27148 SF $ 2.00 $ 54,296,00 0 0% $ - TOTAL $ 1,359,549.51 49% $ 646,211.97 Balance Remaining $ 713,337,54 125% Band Amount $ 891,671.93 0NTA1VA * E� pQ' `�C• C10EN5 `rSION�+rF 3 H NN KALISPELL NORTH TOWN CENTER - PHASE 4 Kalispell, Montana 0aaI14LllIEel 011i1:a91►I_14 will I Prepared by: Jackola Engineering & Architecture, PC 2250 Hwy 93 S Kalispell, MT 59901 Project No. 220503 Contact: Toby McIntosh, PE 406.755.3208 July, 2023 Development Services CITY of Department Kalispell, MT 59901 KAILISPEIL11, 201 1st Avenue East Phone (406) 758-7940 FINAL PLAT Email: plan nina@.kalispell.com Website: www.kalispell.com Project Name Kalispell North Town Center, Phase 4 Property Address 705 Cascade Loop NAME OF APPLICANT Stillwater Corporation Applicant Phone Applicant Address PO Box 7338 City, State, Zip Kalispell, MT 59904 Applicant Email Address jeff@lhcmt.com If not current owner, please attach a letter from the current owner authorizing the applicant to proceed with the application. OWNER OF RECORD Same as applicant Owner Phone Owner Address City, State, Zip Owner Email Address CONSULTANT (ARCHITECT/ENGINEER) Jackola Engineering & Architecture Phone 406.755.3208 Address 2250 Hwy 93 South City, State, Zip Kalispell, MT 59901 Email Address tmcintosh@jackola.com POINT OF CONTACT FOR REVIEW COMMENTS Toby McIntosh Phone 406.755.3208 Address 2250 Hwy 93 South City, State, Zip Kalispell, MT 59901 Email Address tmcintosh@jackola.com List ALL owners (any individual or other entity with an ownership interest in the property): Stillwater Corporation Legal Description (please attach a full legal description for the property and a copy of the most recent deed). Before the application will be deemed to be accepted for review, our office must receive an approval of the legal description from the Flathead County Plat Room. Please submit the legal description to their office (plat@flathead.mt.gov). Development Services Department CITY 01 2011st Avenue East KAILI[ S PI ELL Kalispell,) 7 59901 -794 Phone (406Si3-7940 1. Date of Preliminary Plat Approval Jv J,/ 3 r 7-0 7--3 n-- n 2. Type of Subdivision: Residential industrial[I �Commercialo PUd � F Other[] 3. Total number of lots in Subdivision: ) (� Goirr rn�t'Gr w� -l- Z GDMMo{� �t'G� 4. Land in Project (acres) 11.738 6. Cash -in -lieu $ 5. Parkland (acres) NIA 7. Exempt NrA 8. Number of lots by type Single Family Multi -Family Commerciallindustrial Mobile Home 10 RV Park Townhouse (sublots) Other INSTRUCTIONS FOR FINAL PLAT 1. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blank statements stating, for example, "all improvements are in place" are not acceptable. 2. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. 3. Please verify the final plat with staff and submit to the county 509 committee prior to submitting mylars. REQUIRED SUBMITTALS Attached Not Applicable Cover letter addressing preliminary plat conditions wl attachments Title Report (Original, not more than 90 days old) �C Tax Certification (Property Taxes must be paid) x Consent(s) to Plat (Originals and notarized) Subdivision Improvement Agreement (Attach signed original & collateral) Parkland Cash -in -lieu (Check attached) Water rights transfer Copy of CCR's Plats (2 mylars & 1 electronic copy) - other attachments required per appendix D of subdivision regulations I hereby certify under penalty of perjury and the laws of the State of Montana that the information submitted herein, on all other submitted forms, documents, plans or any other information submitted as a part of this application, to be true, complete, and accurate to the best of my knowledge. Should any information or representation submitted in connection with this application be incorrect or untrue, I understand that any approval basec thereon may be rescinded, and other appropriate action taken. The signing of this application signifies approval for the Kalispell City staff to be 7277 y for routine monitoring and inspection during the approval and development process. V i 7/E0 /2 3 A ant signature Date CI"TY O> K,kLISP'ELL 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 20MB) Development Services Department 201 1st 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 $800 + $250 per lot Major Subdivision with approved preliminary plat $1600 + $250 per lot Subdivisions with waiver of preliminary plat $1600 + $250 per lot Subdivision Improvement Agreement $100 Filing Fee Attached $ 4 1 200.00 Kalispell North Town Center - Phase 4 Preliminary Plat Conditions Comaliance Review Conditions: The development of the site shall be in substantial compliance with the application submitted, the site plan, materials and other specifications as well as any additional conditions associated with the preliminary plat as approved by the city council. Response: This development is the fourth phase of the Kalispell North Town Center development. This phase of the development is in substantial compliance with the preliminary plat approved by the city council as shown on the final plat. (Attachment P). 2. All applicable conditions within Ordinance 1630 (Kalispell North Town Center PUD) shall apply. Response: Development of Kalispell North Town Center -Phase 4 is largely in compliance with the ordinance. The preliminary plat approval shall be valid for a period of three years from the date of approval. Response: The Preliminary Plat was approved by the City of Kalispell on the 3rd of July 2023 as shown in the resolution, Attachment A. This application for Phase 4 is being made well within the three-year expiration date of July 3, 2026. 4. New infrastructure required to serve the subdivision shall be designed and constructed in accordance with the City of Kalispell's Standards for Design and Construction. All design work shall be reviewed and approved in writing by the Kalispell Public Works Department prior to construction. This infrastructure may include but not be limited to water/sewer mains, streets, street lighting, street signage, curb, gutter, boulevard, and sidewalks. Response: New infrastructure has been designed in accordance with the City standards and have been reviewed and approved by the Kalispell Public Works Department. Reference attachment E. The developer shall submit to the Kalispell Public Works Department for review and approval a storm water report and an engineered drainage plan that meets the requirements of the current city standards for design and construction. Prior to final plat, a certification shall be submitted to the public works department stating that the drainage plan for the subdivision has been installed as designed and approved, or a proper bond is in place for said improvements. Response: The lots being platted are a re -subdivision of lots previously reviewed and approved within Kalispell North Town Center— Phase 2. The storm water system for Phase 2 included the development of the area encompassed by the lots being platted, but additional drainage features are being added as part of the drainage plan for the subdivision. An engineering report and drainage plans have been reviewed and approved by the City of Kalispell Public Works Department. The storm infrastructure has been installed and a certification letter has been submitted to public works. (Attachment Q. 6. The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant feature shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. The storm water ponds will be required to be on utility lots, and access for maintenance of the ponds shall be provided in accordance with city standards. Response: There are no storm water ponds within this phase. The storm water pond for this phase of development was approved and constructed as part of Kalispell North Town Center, Phase 2. 7. 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. Response: A copy of Montana DEQ SWPPP permit that encompasses the Kalispell North Town Center, Phase 4 development is provided. Reference attachment J. 8. The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction of any new mains located within Pondera Street as well as any extensions or other improvements necessary to serve Lots 8, 9, 10, and 13. Any road surfaces disturbed will require an overlay or chip seal to restore the surface to acceptable standards. Response: The water and sewer plans have been reviewed and approved by the Kalispell Public Works Department. The City of Kalispell also reviewed and approved the plans on behalf of the MT DEQ. Restoring the disturbed road surfaces is included in the SIA. 9. Any water and sewer main extensions 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 and sewer 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 and sewer mains have been built and tested as designed and approved. Response: Water and sewer main extension plans, specifications and design reports have been reviewed and approved by the Kalispell Public Works Department and Montana DEQ. Reference attachments D and E. The water and sewer certifications have been submitted to public works. Reference attachment L. 10. The developer shall submit the street designs for any required improvements to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction, including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. Response: Street designs meeting the city standards have been reviewed and approved by Kalispell Public Works Department. Reference attachment E. 11. Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. Response: Sewer, storm, and water have been installed and remaining infrastructure improvements associated with Phase 4 are being bonded for as part of the Subdivision Improvement agreement. Reference attachment K. 12. All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. Response: Existing and proposed easements are shown on the final plat. The plat has been reviewed and approved by Public Works. Reference attachment F. 13. 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." Response: The statement is shown on the face of the plat. 14. 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. Response: A mail delivery site intended to serve the lots within Phase 3 and 4 was approved and installed as part of Kalispell North Town Center, Phase 3. Letters of approval from the US Postal Service are included in attachment I. 15. A property owner's association shall be formed and established for the common areas prior to final plat. The association should include provisions for the maintenance of all common areas including the storm water ponds and open space areas. Response: The proposed final plat is the fourth phase and fits within the existing Property Owner's Association. The existing property owner association documents are included in attachment M. 16. A note shall be placed on the final plat stating that owners waive their right to protest a Special Improvement District for maintenance of common areas. A district shall only be activated in the event that the homeowner's association defaults on their common area maintenance obligations. The taxes levied within the special improvement district shall be determined by the appropriate city department with approvals by the Kalispell City Council. Response: A note is shown on the face of the plat. 17. 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 bonded for. Response: The landscaping of the common area and subdivision are being reviewed by Parks and Recreation. All of the comments we have received have been addressed with the latest revision and we expect to receive approval soon. The landscaping improvements are included in the SIA. The common area landscaping is included in the common area improvements line item while the subdivision boulevard landscaping is included in the Landscaping/ Irrigation line item. 18. A note shall be placed on the final plat indicating a waiver of the right to protest creation of a park maintenance district. This district shall only be activated in the event that the property owners' association defaults on their park and open space amenity conditions. The assessments levied within the maintenance district shall be determined by the Parks and Recreation Department with approvals by the Kalispell City Council. Response: A note is shown on the face of the plat. 19. 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 assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. Response: A note is shown on the face of the plat. 20. Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose of financing improvements to area roads which specifically benefit this subdivision." Response: A note is shown on the face of the plat. 21. All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. Response: All utilities serving the lots being platted are installed underground per plans approved by the Kalispell Public Works Department (Attachment O). Remaining utility installation is included in the SIA (Attachment K). 22. All areas disturbed during development shall be re -vegetated with a weed -free mix immediately after development. Response: Development improvements for this phase are included in the SIA (attachment K). Areas disturbed during development will be re -vegetated with a weed -free mix when construction is complete. 23. 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. Response: An approval letter from the Kalispell Fire Chief is included in attachment H. 24. The trail system shall only cross the public rights -of -way at designated locations approved by Public Works. Response: The trail system crossing locations were coordinated with Public Works during design. Each street crossing design is included in the KNTC-Phase 4 or the KNTC-Common Area drawings which have been reviewed by public works. 25. Any water rights associated with the property shall be dedicated to the City of Kalispell per Section 28.3.08 of the subdivision regulations. Response: Water rights associated with the Kalispell North Town Center, Phase 4 were transferred to the City when Kalispell North Town Center, Phase 2 was platted. A current General Abstract along with the water right transfer documents submitted with the Phase 2 final plat application are included in attachment N. 26. Any mitigation required for this phase under the previously accepted Traffic Impact Study shall be implemented. Response: There are no mitigation requirements for this phase. Traffic mitigation requirements were completed as part of the Kalispell North Town Center, Phase 2 improvements. SUBDIVISION Issued By: Fidelity National 'Title' InslLrame Company Guarantee/Certificate Number: FT1585-230188 FIDELITY NATIONAL TITLE INSURANCE COMPANY a corporation, herein called the Company GUARANTEES Jackola Engineering & Architecture, P.C., its successors and/or assigns as their respective interests may appear. herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth in Schedule A. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the Company for further information as to the availability and cost. Fidelity National Title Company of Montana, LLC 150 1st Avenue WN, Suite B Kalispell, MT 59901 ,ia •,r r Countersigned By: 4 of'. Karla Kemm Authorized Officer or Agent Fidelity National Title Insurance Company By: Attest: Michael J. Nolan, President V Marjorie Nemzura, Secretary Subdivision Guarantee/Certificate Printed: 06.16.23 @ 09:16 AM Page 1 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-230188 FIDELITY NATIONAL TITLE INSURANCE COMPANY ISSUING OFFICE: Title Officer: Karla Kemm (LC) Fidelity National Title Company of Montana, LLC 150 1st Avenue WIN, Suite B Kalispell, MT 59901 Main Phone: (406)755-7004 Email: Karla.Kemm@fnf.com SCHEDULE A GUARANTEE/CERTIFICATE NO. FT1585-230188 Liability Premium Tax $10,000.00 $150.00 $0.00 Effective Date: May 31, 2023 at 08:00 AM The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matter relative to the following described property: A TRACT OF LAND LOCATED THE NORTH 1/2 OF SECTION 30, TOWNSHIP 29 NORTH, RANGE 21 WEST, P.M.,M., CITY OF KALISPELL, FLATHEAD COUNTY, MONTANA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 2, BLOCK 2 OF KALISPELL NORTH TOWN CENTER, PHASE 2; THENCE ALONG THE NORTH AND WEST BOUNDARIES OF SAID LOT 2 THE FOLLOWING TWO (2) COURSES: N 89° 58' 52" W, A DISTANCE OF 546.44 FEET; S 00° 00' 19" W, A DISTANCE OF 398.74 FEET TO THE NORTH BOUNDARY OF LINCOLN STREET, A PUBLIC ROAD; THENCE ALONG SAID NORTH BOUNDARY N 90° 00' 00" W, A DISTANCE OF 65.00 FEET; THENCE LEAVING SAID BOUNDARY N 44° 58' 16" E, A DISTANCE OF 7.07 FEET; THENCE N 00° 00' 19" E, A DISTANCE OF 194,99 FEET; THENCE S 90' 00' 00" W, A DISTANCE OF 414.74 FEET; THENCE N 00' 00' 25" E, A DISTANCE OF 304.37 FEET TO THE BEGINNING OF A 110.00 FOOT RADIUS CURVE TO THE RIGHT; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH AN ANGLE OF 43' 39' 35", WITH CHORD BEARING N 21 ° 50' 12" E, AN ARC DISTANCE OF 83.82 FEET; THENCE N 73' 30' 31" W, A DISTANCE OF 217.13 FEET TO THE SOUTHEASTERLY BOUNDARY OF CASCADE LOOP, A PUBLIC ROAD; THENCE ALONG SAID BOUNDARY THE FOLLOWING THREE (3) COURSES: NORTHEASTERLY ON A 370.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH AN ANGLE OF 51 ° 01' 45", WITH CHORD BEARING N 64° 27' 45" E, AN ARC DISTANCE OF 329.53 FEET; N 89° 59' 59" E, A DISTANCE OF 906.37 FEET; S 44' 49' 11" E, A DISTANCE OF 7.09 FEET TO THE WEST BOUNDARY OF JEFFERSON BOULEVARD, A PUBLIC ROAD; THENCE ALONG SAID BOUNDARY S 00° 00' 28" W, A DISTANCE OF 375.78 FEET TO THE POINT OF BEGINNING. The above described tract of land is to be known and designated as Kalispell North Town Center, Phase 4. Title to said real property is vested in: Stillwater Corporation, a Montana corporation subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. END OF SCHEDULE A Subdivision Guarantee/Certificate Printed: 06.16.23 @ 09:16 AM Page 2 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-230188 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B FT1585-230188 A. Any facts, rights, interests or claims which are not shown by the Public Records but which could be ascertained by an inspection of said Land or by making inquiry of persons in possession of the Land. B. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown in the Public Records. C. Easements, claims of easements, or encumbrances which are not shown by the Public Records. D. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. E. (a) unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters accepted under (a), (b), (c) are shown by the Public Records. F. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. G. 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 to use and occupy those certain roads and trails. H. Mineral rights, claims or title to minerals in or under said Land, including but not limited to metals, oil, gas, coal, and other hydrocarbons, sand, gravel, or stone, and geothermal energy rights, and easement or other rights or matters relating thereto, whether express or implied, recorded or unrecorded. I. Any defect, lien, encumbrance, adverse claim, or other matter that appears for the first time in the Public Records or is created, attaches, or is disclosed between the Commitment Date and the date on which all of the Schedule B, Part I —Requirements are met. Paragraphs A, B, C, D, F and I will not appear as printed exceptions on extended coverage policies, except as to such parts thereof which may be typed as a Special Exception as shown below. SPECIAL EXCEPTIONS: General Taxes for the year 2022 1st Half: $1,628.56, PAID 2nd Half: $1,628.54, PAID Tax ID No.: 75-0507145 2. General County Taxes for the year 2023 and subsequent years, which are a lien but not yet due or payable. Delinquent water and service charges of the City of Kalispell, if any, for which no investigation has been made. 4. Any possible additional tax assessments because of construction and/or improvements to the property. Subdivision Guarantee/Certificate Printed: 06.16.23 @ 09:16 AM Page 3 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-230188 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) Right of way(s) contained in Bill of Sale Recording Date: November 16, 1951 Recording No.: 330/212 FT1585-230188 6. Covenants, conditions and restrictionscontained in Warranty Deed but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: April 5, 1973 Recording No: 550/579 Water Line Easement and rights incidental thereto Recording Date: May 4, 1982 Recording No.: 739/334 Correction Water Line Easement Recording Date: June 25, 1985 Recording No.: 85-176-12400 Water Line Easement and rights incidental thereto and terms and provisions contained therein Recording Date: May 4, 1982 Recording No.: 739/339 Correction Water Line Easement Recording Date: June 25, 1985 Recording No.: 85-176-12410 Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Electric Cooperative, Inc. Recording Date: June 30, 1983 Recording No.: 775/231 10. Recitals, notes, sanitary restrictions, ordinances, resolutions, easements, dedications and covenants as contained or referred to on Certificate of Survey No. 6643. Reference is hereby made to the survey for more particulars. Subdivision Guarantee/Certificate Printed: 06.16.23 @ 09:16 AM Page 4 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-230188 FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE/CERTIFICATE NO. FT1585-230188 SCHEDULE B (continued) 11. Water Line Easementand rights incidental thereto and terms and provisions contained theein Recording Date: June 25, 1985 Recording No.: 85-176-12420 12. Water Line Easement and rights incidental thereto and terms and provisions contained therein Recording Date: August 8, 1985 Recording No.: 85-220-08410 13. Resolution No. 789A Recording Date: July 10, 1990 Recording No.: 90-191-14270 14. Resolution No. 790A Recording Date: July 10, 1990 Recording No.: 90-191-14280 15. Resolution No. 837A Recording Date: April 27, 1992 Recording No.: 92-118-12020 16. Terms and provision contained in Bargain and Sale Deed Recording Date: November 16, 1995 Recording No.: 95-320-08580 17. Easement(s) and rights incidental thereto as set forth in a document: In favor of: Flathead Power Co. Recording Date: August 14, 2002 Recording No.: 2002-226-08290 18. Resolution No. 5129B Recording Date: August 11, 2006 Recording No.: 2006-223-08320 19. Resolution No. 5257 Recording Date: February 20, 2008 Recording No.: 200800004401 Subdivision Guarantee/Certificate Printed: 06.16.23 @ 09:16 AM Page 5 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-230188 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 20. Petition to Annex and Notice of Withdrawal from Rural Fire District Recording Date: February 20, 2008 Recording No.: 200800004402 21. Ordinance No. 1630 Recording Date: April 10, 2009 Recording No.: 200900009939 22. Ordinance No. 1747 Recording Date: November 13, 2014 Recording No.: 201400023277 23. Ordinance No. 1780 GUARANTEE/CERTIFICATE NO. FT1585-230188 Recording Date: December 8, 2016 Recording No.: 201600027318 24. Matters contained in that certain Developers Agreement Executed by: Stillwater Corporation and City of Kalispell Recording Date: May 24, 2017 Recording No: 201700010569 25. Perpetual Utility and Access Easement(s) and rights incidental thereto as set forth in a document: In favor of: City of Kalispell Recording Date: August 10, 2017 Recording No.: 201700019376 26. Corner Record Survey Recording Date: September 27, 2017 Recording No.: 201700024132 27. Recitals, notes, dedications, easements, certificates and covenants as contained on the proposed plat of Kalispell North Town Center - Phase 2. Reference is hereby made to the plat for more particulars. 28. State of Montana Department of Environmental Quality Certificate of Subdivision Approval Recording Date: May 8, 2018 Recording No.: 201800009043 Subdivision Guarantee/Certificate Printed: 06.16.23 @ 09:16 AM Page 6 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-230188 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 29. Kalispell North Town Center Stormwater Operation & Maintenance Manual Phase 1 and 2 Recording Date: May 8, 2018 Recording No.: 201800009043 30. Common Area Management Plan and Conditions, Covenants, and Restrictions Recording Date: May 8, 2018 Recording No.: 201800009043 FT1585-230188 Amended and Restated Common Area Management Plan with Covenants, Conditions and Restructions Recording Date: January 12, 2021 Recording No.: 202100001380 31. Terms and provisions contained in Kalispell North Town Center Commercial Easements and Restrictions Agreement, but omitting any covenants or restrictions, if any, including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital status, disability, handicap, national origin, ancestry, source of income, gender, gender identity, gender expression, medical condition or genetic information, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document Recording Date: May 8, 2018 Recording No: 201800009043 and 201800009044 AND Amended and Restated Commercial Easements and Restrictions Agreement Recording Date: February 27, 2023 Recording No.: 202300002850 32. Matters contained in that certain Pond Maintenance, Infiltration Maintenance, Dry Swale Maintenance, Facility Inspection Checklist, and Kaliispell North Town Center Maintenance Agreements which document, among other things, may provide for liens and charges. Executed by: Stillwater Corporation Recording Date: May 8, 2018 Recording No: 201800009043 Reference is hereby made to said document for full particulars. 33. Subdivision Improvement Agreement Recording Date: May 9, 2018 Recording No.: 201800009139 34. This property lies within the boundaries of Resolution No. 5970 for preliminary plat of Kalispell North Town Center, Phases 3 and 4, recorded August 6, 2020 at 202000022414 and will be subject to any levies and assessments thereof. Subdivision Guarantee/Certificate Printed: 06.16.23 @ 09:16 AM Page 7 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-230188 GUARANTEE/CERTIFICATE NO. FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE B (continued) 35. Notice of Right to Claim a Lien Claimed by: Western Systems, Inc. Against: Stillwater Corporation For: traffic management systems Recording Date: September 14, 2022 Recording No.: 202200024677 36. Notice of Right to Claim a Lien Claimed by: Advanced Traffic Products, Inc. Against: Stillwater Corporation For: traffic management systems Recording Date: September 14, 2022 Recording No.: 202200024678 FT1585-230188 37. Recitals, notes, dedications, easements, certificates and covenants as contained on the proposed plat of Kalispell North Town Center, Phase 4. Reference is hereby made to the plat for more particulars. 38. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing. 39. Certificate of Subdivision, when recorded, must be in compliance with the provisions of the Montana Subdivision and Platting Act, 1973, (Sections 76-3-101 MCA) and the regulations adopted pursuant thereto. 40. The land described in the commitment/policy shall not be deemed to include any home trailer or mobile home located on the property. 41. Exceptions and reservations contained in Patents of record. 42. We find the described property herein is located in the Kalispell Fire District. END OF SCHEDULE B Subdivision Guarantee/Certificate Printed: 06.16.23 @ 09:16 AM Page 8 MT-FT-FLAT-01585.350200-SPS-1-23-FT1585-230188 Plat Room Flathead County, Montana 800 S. Main St. Kalispell, MT 59901 (405) 758-5510 This Form is for Subdivisions Only BY: Jackola FOR: Stillwater Corporation DATE: 1/2512023 DESCP : Kalispell [North Town Center PURPOSE: Subdivision Phase 4 30-29-21 YEARS ASSESSOR # 2020thru 2a22 0507145 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. FJUL 0 3 2023 Q�,&j Mown,, U puty Treasurer (set o FN Y gFAn, KALISPELL Toby McIntosh, PE Jackola Engineering and Architecture PO Box 1134 Kalispell, MT 59903 February 14, 2023 RE: KNTC PH IV - EQ# 23-1054 Dear Toby McIntosh, The design report, plans, referenced specifications and other supporting documentation for KNTC PH IV were received on Jnauary 18, 2023. The design documents were submitted under the seal of PE# 18994. The submittal was reviewed in accordance with Department of Environmental Quality standards in Circular DEQ-1 and 2, current at the time of submittal. The project consists of the installation of approximately: 932 lineal feet of 8-inch C900 PVC water main and 741 LF of 8-inch gravity sanitrary sewer. The project also includes all fittings, valves, hydrants, manholes, services and appurtenances as shown on the plans and indicated in the specifications. Plans and referenced specifications for KNTC PH IV are hereby approved. An electronic copy of the plans bearing the approval stamp of the Department of Environmental Quality is enclosed. A deviation request from DEQ-2 — Section 38.2 to allow the Design Engineer to submit documentation that all wateworks wihtin 100 feet of the proposed sewer main have been identified and are shown on the project plans has been reviewed and approved by the Department. Approval is given with the understanding that any deviation from the approved plans and specifications will be submitted to the City of Kalispell for review and approval. The project may not be placed into service until the project engineer or designer certifies by letter to the City of Kalispell that the activated portion of the project was constructed in substantial accordance with the plans and specifications approved by the City of Kalispell and there are no deviations from the design standards other than those previously approved by the department. Within 90 days after the completion of construction, a complete set of certified "as -built" drawings must be signed and submitted to the City of Kalispell. It is further understood that construction of this project must be completed within three years of this approval date. If more than three years elapse before completing construction, plans and specifications must be resubmitted and approved before construction begins. 201 1st Avenue E PO BOX 1997 Kalispell, MT 59903 Public Works Department Phone (406)758-7720 Fax (406)758-7831 www.kalispell.com The City of Kalispell has reviewed this project on behalf of the Department of Environmental Quality. The City of Kalispell approval of this project covers only those portions of the plans and specifications that are subject to the Department's review authority under the Public Water Supply Laws (MCA 75-6) and the Administrative Rules promulgated thereunder (ARM 17.38). This approval does not cover items found within the plans and specifications that are outside of the Department's review authority, including but not limited to, electrical work, architecture, site grading or water and sewer service connections. Sincerely, Patrick Jentz, PE - Engineer 3 Department of Public Works City of Kalispell Enclosures: One set of approved plans 201 1st Avenue E PO BOX 1997 Kalispell, MT 59903 Public Works Department Phone (406)758-7720 Fax (406)758-7831 www.kalispell.com .0111111111 CITY OF. J11 KALISPELL February 14, 2023 Toby McIntosh, P.E. Lead Civil Engineer Jackola 2250 U.S. 93 S Kalispell, MT 59901 Re: KNTC PH IV Engineering Approval Dear Toby: Thank you for your plan submittal. The City of Kalispell has reviewed the plans and supporting documents submitted on 1/18/23 for the above referenced project. This project is hereby approved. Approval does not relieve you from designing, nor the contractor from constructing this project in accordance with the City Standards currently in effect. Any deviations from City of Kalispell Design and Construction Standards or approved plans shall be submitted for review and approval prior to construction. This approval is valid for 18 months from the date of this letter. If more than 18 months lapse before completing the project, plans, reports, and specifications shall be resubmitted and approved before construction continues. Please contact the Public Works Department if you have any questions or need clarification on any items. This approval is for the Public Works Department only and does not necessitate a full City approval. If additional approvals from other City Departments are required, they should continue to be pursued. 201 1' Avenue E Phone (406)758-7720 Po sox 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com Please contact Mark Crowley at 406-249-2485 or mcrowlev@kalispell.com to schedule a pre - construction meeting prior to initializing any construction on the site. A Right -of -Way permit and Construction Stormwater Permit must be obtained by the prime contractor for the project and are accessed online on the City's website. At project completion, please provide the city with record drawings meeting the requirements of Section 1.6 of the City Design and Construction Standards. The warranty period will not commence until construction is complete, certified, and accepted and record drawings are received. Sincerely, JW-h-Pay Patrick Jentz, PE Engineer 3 CC: • Mark Crowley — City of Kalispell — Construction Manager • Keith Haskins, PE — City of Kalispell — City Engineer Page 2 of 2 CITY OF KALISPELL August 1, 2023 Toby McIntosh, PE Lead Civil Engineer Jackola Engineering 2250 Hwy 93 S Kalispell, MT 59901 Re: Final Plat Conditions KNTC— Phase 4 Dear Mr. McIntosh, The purpose of this letter is to address the Public Works related conditions required prior to Final Plat as referenced in the Resolution No. 6139. The following conditions appear to be applicable to the Final Plat of this lot and are addressed below: Condition 4: 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. This infrastructure may include but not be limited to water/sewer mains, streets, street lighting, street signage, curb, gutter, boulevard and sidewalks. The City of Kalispell approved the design of Phase 4 on February 14, 2023. The phase is still under construction, but the PUD for KNTC allows for full bonding of all improvements. A proper bond has been reviewed and is in place for incomplete work. Condition 4 of the preliminary plat conditions is hereby satisfied. 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. 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 a proper bond is in place for said improvements. The City of Kalispell approved the design of Phase 4 on February 14, 2023. A letter from the engineer certifying the construction of the stormwater infrastructure required for this phase has been submitted to Public Works. Condition 5 of the preliminary plat conditions is hereby satisfied. 201 1st Avenue E Phone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 wwwkalispellxom Condition 6: The storm water ponds shall be designed in a way that they become a visual interest to the development. Chain link fencing surrounding the retention pond as the dominant feature shall not be allowed without mitigation. The developer shall work closely with the Parks Department and Public Works to develop a design that is both visually appealing and meets the required safety guidelines. The storm water ponds will be required to be on utility lots, and access for maintenance of the pongs shall be provided in accordance with city standards. The infiltration pond designed to serve this phase was installed with previous phases and no changes are proposed or required. Condition 6 of the preliminary plat conditions is hereby satisfied. Condition 7: 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. A City Stormwater Management Permit (Permit Number SW22-0015) was issued for construction of Phase 2 and encompassed all of Phase 4. Additionally, a SWPPP permit (# MTR109339) with Montana DEQ was also issued. Condition 7 of the preliminary plat conditions is hereby satisfied. Condition 8: The developer shall submit water and sanitary sewer plans, applicable specifications, and design reports to the Kalispell Public Works Department and the Montana Department of Environmental Quality for concurrent review, with approval of both required prior to construction of any new mains located within Pondera Street as well as any extensions or other improvements necessary to serve lots 8, 9, 10, and 13. Any road surfaces disturbed will require an overlay or chip seal to restore the surface to acceptable standards. The City of Kalispell approved the design of Phase 4, including water and sanitary sewer design, on February 14, 2023. The City of Kalispell also completed the review on behalf of MDEQ and sent an approval letter on February 14, 2023 in that regard for EQ# 23- 1054. Construction of all improvements is not yet complete, but an appropriate bond has been included to finish incomplete items including a chip seal for disturbed roadways. Condition 8 of the preliminary plat conditions is hereby satisfied. Condition 9: Any water and sewer main extensions shall be designed and constructed in accordance with the City ofKalispell's Standards for Design and Construction and in compliance with the city's facilities update and extension ofservices plans. The water and sewer 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 and sewer mains have been built and tested as designed and approved, or that the improvements have been appropriately bonded for. The City of Kalispell approved the design of Phase 4, including water and sanitary sewer design, on February 14, 2023. The PUD allows bonding for 100% of incomplete items. Construction of all improvements is not yet complete, but an appropriate bond has been included to finish incomplete items including a chip seal for disturbed roadways. Condition 9 of the preliminary plat conditions is hereby satisfied. Page 2 of 4 Condition 10: The developer shall submit the street designs for any required improvements to the Kalispell Public Works Department for review and approval prior to construction. Street designs shall meet the city standards for design and construction, including, but not limited to, sidewalks, landscape boulevard, streetlights, and curb/gutter. The City of Kalispell approved the design of Phase 4, including required street and right- of-way improvements, on February 14, 2023. Construction of all improvements is not yet complete, but an appropriate bond has been included to finish incomplete items including a chip seal for disturbed roadways. Condition 10 of the preliminary plat conditions is hereby satisfied. Condition 11: Prior to final plat, a letter from the Kalispell Public Works Department shall be submitted stating that all new infrastructure has been accepted by the City of Kalispell, any private infrastructure has been constructed per city standards, and a proper bond has been accepted for unfinished work. Sanitary sewer, storm sewer, and water infrastructure has been installed and certified but not yet transferred or to or accepted by the City. The PUD allows bonding for 100% of incomplete items. Construction of all improvements is not yet complete, but an appropriate bond has been included to finish incomplete items. Condition 11 of the preliminary plat conditions is hereby satisfied. Condition 12: All existing and proposed easements shall be indicated on the face of the final plat. Utility easements for city water and sewer shall be provided to allow for the logical extension of utilities from this subdivision to adjoining properties. A letter from the Kalispell Public Works Department shall be obtained stating that the required easements are being shown on the final plat. All required easements are shown on the final plat submitted for approval. Condition 12 of the preliminary plat conditions is hereby satisfied. Condition 19: 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 assessments levied within the maintenance district shall be determined by the Public Works Department with approvals by the Kalispell City Council. The required note has been provided on the face of the submitted final plat document. Condition 19 of the preliminary plat conditions is hereby satisfied. Condition 20: Pursuant to Sec 28.3.25 of the subdivision regulations, the final plat shall include a note stating that "The owners hereby waive the right to protest the creation of an SID for the purpose offinancing improvements to area roads which specifically benefit this subdivision. " The required note has been provided on the face of the submitted final plat document. Condition 20 of the preliminary plat conditions is hereby satisfied. Page 3 of 4 Condition 21: All utilities shall be installed underground and in locations that are approved by the Kalispell Public Works Department in accordance with the Kalispell Standards for Design and Construction. All public utility mains have been installed underground in accordance with the Kalispell Standards for Design and Construction, and have been certified by the engineer of record, but have yet to be transferred to or accepted by the City. An appropriate bond has been provided to cover any incomplete public and private utilities yet to be constructed. Condition 21 of the preliminary plat conditions is hereby satisfied. Condition 24: The trail system shall only cross the public rights -of -way at designated locations approved by Public Works. The trail crossing locations were included in the approved plans. This portion of the project has not yet been completed but is covered by an appropriate bond. Condition 24 of the preliminary plat conditions is hereby satisfied. Condition 25: Any water rights associated with the property shall be dedicated to the City of Kaliipell per Section 28.3. 08 of the subdivision regulations. Water rights associated with this phase appear to have been transferred with Phase 2 of the development. Condition 25 of the preliminary plat conditions is hereby satisfied. Condition 26: Any mitigation require for this phase under the previously accepted Traffic Impact Study shall be implemented. This phase sits inside the original Phase 1 of the development. Required improvements to incorporate this phase have already been completed with previous phases. Condition 26 of the preliminary plat conditions is hereby satisfied. Sincerely, *L.Keith skins, PE Deputy Public Works Director / City Engineer CC: PJ Sorenson, Esq. — Senior Planner Page 4 of 4 Q.�-Montana Department of Environmental Quality February 1, 2023 Toby McIntosh PE rackola Engineering & Architecture 2250 Highway93 S Kalispell MT 59901 RE: Kalispell North Town Center Phase 4 Municipal Facilities Exclusion EQ4 23-1536 City of Kalispell Flathead County Dear Mr. McIntosh, 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. Kalispell North Town Center Phase 4 Municipal Facilities Exclusion will consist of 10 Lots. Sincerely, Rachel Clark,/ Engineering Bureau Chief Water Quality Division Department of Environmental Quality (406) 444-1277 Email rachel.clark2(cr�,mt.gav cc. City Engineer County Sanitarian file Greg Gianforte, Governor I Chris Dorrington, Director I P.D. Box 200901 1 Helena, M7 59620-0901 1 (406) 444-2544 1 www.deq.mt.gov CITY OF KALISPELL August 1, 2023 Kalispell Planning Department Attn: PJ Sorenson P.O. Box 1997 Kalispell, MT 59901 Phone: (406) 758-7932 Re: Kalispell North Town Center Phase 4 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 conditional approval on the proposed landscaping plan for the boulevards, and common area Kalispell North Town Center Phase 4, per designs submitted by Jackola Engineering. 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 Kalispell North Town Center Phase 4. 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. Mineral mulch in the boulevards and adjacent to the public way is not permitted. Any landscape revisions or substitutions need to be authorized by Kalispell Parks and Recreation prior to installation. Irrigation systems will need to extend to the furthermost edges of all landscaped areas and provide head -to -head coverage. Any areas with temporary irrigation will need to be underground with no hoses or portable sprinklers used to irrigate and be on a central timer with the rest of the subdivision irrigation. 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 of completed landscaping. It should be noted that all trees and landscaping are under a 2-year warranty period, and should they die within this period, the developer will be responsible for replacement. The warranty period will not begin till Kalispell Parks and Recreation accepts all landscaping meeting ISA standards, our landscape ordinance, and our forestry ordinance. If you have any concerns or questions, please give me a call. Sincerely, ld� �— Chad Fincher, Parks, and Recreation Director Kalispell Parks and Recreation KALISPELL FIRE DEPARTMENT Dan Pearce — Fire Chief PO Box 1997 Jessica Kinzer Assistant Chief 312 First Avenue East Cee Lee — Fire Secretary Kalispell, Montana 59901 Phone: (406) 758-7760 FAX: (406) 758-7777 Re: Phase IV of KNTC Subdivision- Fire Hydrant Locations January 17, 2023 Upon review of the Site Utility Plan submitted to Kalispell Fire Department for Phase IV of the KNTC Subdivision (Jackola Project 220503 dated July 8, 2022), Utility Sheets C 1.10 and C 1.20; the Fire Department approves the hydrant layout/spacing and ability to access these hydrants from the design submitted. This approval does not include future development/expansions with additional lots or phases where additional hydrants might be needed depending on the site layout or development requirements. Daniel Pearce Fire Chief City of Kalispell Prnledin ejui' cC1ii117umity with the highiest level ofprofeuio►lalisin t POSTAL SERVICE Robert Erickson, P1..S JACKOLA Jeff Clardge VP LHC 2250 W► Y. 93 S. Kalispell, MT 59901 .lone 9, 2020 Robert and Jeff We met on June 9, 2020 to discuss the placement of the CBU units that will service +Cascade. Loop Kalispell, MT 599Qf. I agree with the placement of the CBU Units for the North Town Center Development ora the Westside of Cascade X eop. The approved location will is located by LOT S of the North Town Center Development. The agreed upon sire CBU's will accommodate 30 New bushiesses; 2 C BU2 Type. 111 16 Unit CRU's and 2 standalone parcel Lockers. Consider this letter as approval of the site for US Postal Service Delivery. Respectfully harry A. Golie t Postmaster 920 60N. Meridian RD r JUN Kalispell, MT 59901-9998 A �� E awrence.A.Go4e@USP4.GOV ''7ER5`3�� I:CA Flathead Station UNIT 7 'S stas " Effwlemt r is daitrg thbigs right; Gff�eetive:tress is doing the right things. " — Peter (Drucker V-1 UN 11DS )ITIE' S AL V_ Erg; NAME OF PROJECT ADDRESS OF PROJECT POST OFFICEIZIPCODE MODE OF DELIVERY AGREEMENT DAKOTAS DISTRICT DATE .",tOPOSED ROUTE L Estimated Ise - Occupancy Date: Total Number of Deliveries Upon Completion: — Delivery options will be explained by USPS representative (options shown in gray below). Type of Prg ect Deliveries Eg u ipment-Type I#. E241_PMENT QPJJQN� Office Bdg c 2 -- if 116 i C8U,1,ype 1 (8 00 Shopping Mall 5*A CBU Type ll . 12 D(() Strip Mall Z CSUTypelll (16.Del) Apts./Condos CBU Type IV (13 Del) Tbwnhouses Curb lifle,2/post Single Family Homes Curb li I ne.41post Trailer Park Wall mount STD 4C Other DEVELOPER / CONTRACTOR / OWNER RESPONS I BI LITY IS AS FOLLOWS: Location and installation of all receptacles must be approved by USPS representative. Concrete pads for CBU's are required to meet USPS specifications. Concrete pacts for CBU's are installed by: Developer Y Other Equipment purchased by: Developer,.).- Other Equipment installed by: Developer ,r Other Equipment owned/maintained by: Developer;.e Property Agent/HOA ............ Keys issued and maintained by: Developer ­ USPS..>d. Other.--_ Locks changed by, Developer ­, USPS "-r Other Residents of single-family homes must be informed of their ongoing responsibility for keys, box maintenance/repair, snow removal, etc. Note: On multi -tenant delivery and/or rental situations, the building owner/manager is responsible for look changes. This notice will serve as an Agreement I Letter of Consent to the Postal Service for the placement of Centralized Delivery Equipment at the agreed upon locationis) indicated on the plat map. By signing below, I acknowledge that the contractor options and responsibilities outlined above for receiving mail delivery service have been discussed with me. USPS REP ESENTATiVE6, NAME VILE .... ....... ........ .............. SIGNATURE TELEPHONE # 7 DATE- ......... . ........... . . PROPERTY DEVELOPERfIVIGRIOWNER 6,--) evop C ocf- ..... . .... TITLE.....-- ...... .... . ...... ..... ...... . . ........ SIGNATURE TELEPHONE X-W DATE— 4P This agreement is subject to final approval by District Operations Programs, Submit completed agreement and other required attachments to: Growth Management, Operations Programs Larry A. Golic Postmaster, Kalispell Kalispell, MT59901-9998 406-210-04-14 Agency Use Permit No.: MTR109339 WATER PROTECTION DF-,j Date Rec'd Amount Rec'd Check No. Montana Department BUREAU Rec'd By of Environmental Quality Date Gen'd 02/01/2022 App. Doc. Version No.: 2 Application: Notice of Intent FORM Storm Water Discharges Associated with Construction Activity NOI-SWC General Permit MTRI00000 The NOI form is to be completed by the owner or operator of construction activity eligible for coverage under the Department's General Permit for Storm Water Discharges Associated with Construction Activities. You must print or type legibly; forms that are not legible or are not complete or are unsigned will be returned. You must maintain a copy of the completed NOI form for your records. Section A - NOI Status (Check one): X New No prior NOI submitted for this site. Renewal Permit Number: Resubmittal/Administrative Processing NOI Fee: $0.00 Section B - Facility or Site Information (See instruction sheet.). - Site Name: Kalispell North Town Center PH 2 Site physical address: 2835 US 93 City, State, Zip: Kalispell, MT, 59901 County: Flathead Township, Range, Section: 28N 21W 29SN Latitude: 48.1667395 Longitude:-114.289909 Is this facility or site located on Indian Lands? No Section C - Applicant (Owner/Operator) Information Applicant (Operator) Name: LHC INC Mailing Address: PO BOX 7338 City: KALISPELL State: MT Zip: 59904 Applicant Type: Owner and Operator Organization Type: Privately Owned Facility Facility / Site Contact: Facility Contact: FRANK TABISH Title: Project Manager 2/1/2022 Mailing Address: PO BOX 7338 City: KALISPELL State: MT Zip: 59904 Telephone: 406-758-6409 Email: frank@lhcmt.com Section D - Existing or Pending Permits, Certifications, or Approvals MPDES Permit: No 404 Permit (dredge & fill): No UIC #: MGWPCS #: No Plat Approval EQ #: Other: No Local Sediment and Erosion Control Requirements: 1. Is the construction project located within a regulated Municipal Separate Storm Sewer System (MS4)? Yes 2. The applicant must contact the MS4 to verify if additional local sediment and erosion controls are required: Name of MS4: CITY OF KALISPELL MS4 Contact Name: Casey Lewis Contact Date: 01-Feb-2022 Submit the SWPPP to the MS4 if required. Any additional MS4 requirements must be incorporated into the SWPPP. Sage Grouse Habitat: Visit the Montana Sage Grouse Habitat Conservation Program (Program) website to determine if the construction project is located in designated sage grouse habitat (core, general, and/or connectivity). No Yes: Submit application to the Program and attach resulting consultation letter. No: Project is not located in a designated habitat. Section E — Nature of Business (provide a brief description) SIC CODES (4-digit, in order of priority) Code Description 1629 Heavy Construction Section F - SWPPP Preparer and Administrator(s) SWPPP Preparer: Name FRANK TABISH Title: Project Manager Position Title Project Manager Mailing Address PO BOX 7338 City KALISPELL State MT Zip 59904 Telephone 406-758-6409 Email frank@lhcmt.com Company LHC INC Training Course StormWaterOne-CP241(QPSWPPP)-Qualified Preparer of Storm Water Pollution Prevention Plans Date Completed 08-Oct-2020 SWPPP Administrator: 2/1/2022 rd e3OT I I Name FRANK TABISH Title: Project Manager Position Title Project Manager Mailing Address PO BOX 7338 City KALISPELL State MT Zip 59904 Telephone 406-758-6409 Email frank@lhcmt.com Company LHC INC Training Course StormWaterOne-CI241R (QCIS-R)-Qualified Compliance Inspector of Storm Water Refresher Date Completed 08-Oct-2020 Section G - Receiving Surface Water(s): Storm Water Outfall/Discharge Locations: For each outfall, list latitude and longitude to the nearest 15 seconds and the name of the receiving waters Outfall Latitude Longitude Receivin Surface Waters 001 48.2547300 -114.330833 STILLWATER RIVER MAP: Attach a USGS topographic quadrangle map extending one mile beyond the property boundaries of the site or activity identified in Section B depicting the facility or activity boundaries, major drainage patterns, and the receiving surface waters stated above. Waterbodies with Impairments (see instructions): Are any of the above waterbodies listed as impaired for potential pollutants from your construction activities. (see instructions for accessing the Clean Water Act Information Center ) Yes If yes, have you updated the SWPPP to include BMPs that target and reduce discharges of the identified pollutants causing impairment of the waterbodies and any TMDL requirements? Yes Section H — Describe the Construction Activity or Project Please Describe the Construction Activity or Project Site grading, road construction, utilities and lot designations have been completed. Non-industial building construction and parking lot construction are to continue within the new project boundary. Construction activity includes excavations, concrete curb and gutter, foundation and footings, sidewalks new utility installations, asphalt surfacing, storm drain, topsoil and seeding. Please provide a summary of Best Management Practices (BMPs) in the SWPPP The site is relatively flat and disturbance will be contained by existing curbing to drain internally. Inlet protection will be provided for the storm drains in the existing roadways. Existing vegetation will be preserved to the greatest extent possible. Dust and trackoff will be controlled by vehicle tracking pads, watering andd street sweeping. As construction progresses, wattles and silt fence may be placed as necessary. Administrative controls will be in place while work is actively being performed. Total site area (acres) 71.800 Area of Construction Related Disturbance (acres) 65.000 Estimated Project Start Date 01-Feb-2022 Estimated Project Completion Date 31-Dec-2024 Estimated Project Final Stabilization Date 01-Jul-2025 Project Type: Commercial History Property: No historic Supplemental Information CERTIFICATION 2/1/2022 Paqe 4 of 11 Applicant Information: This form must be completed, signed, and certified as follows: • For a corporation, (i) a president, secretary, treasurer, or vice-president of the corporation. (ii) the manager of one or more manufacturing, production, or operating facilities. • For a partnership or sole proprietorship, by a general partner or the proprietor, respectively; or • For a municipality, state, federal, or other public facility, by either a principal executive officer or ranking elected official. All Applicants Must Complete the Following Certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information; including the possibility of fine and imprisonment for knowing violations. [75-5-633, MCA] A. Name (Type or Print) JEFF CLARIDGE B. Title (Type or Print) Vice President C. Phone No. 4 06-758-6420 D. Signature Digitally Signed - CROMERR Compliant E. Date Signed February 01, 2022 The Department will not process this form until all of the requested information is supplied, and the appropriate fees are paid. Return this form and the applicable fee to: Department of Environmental Quality Water Protection Bureau PO Box 200901 Helena, MT 59620-0901 406 444-3080 Date: May 25, 2023 City of Kalispell Public Works Attn: Mark Crowley Kalispell City Hall, 201 15Y Ave E Kalispell, MT 59901 Re: Kalispell North Town Center — Phase 4 — Water Main Certification Dear Mark: This letter is to certify that the water main extension at the above referenced project was completed in accordance with the plans and specifications. The installation will be captured in the final as -built drawings that will be prepared upon project completion. The water main was extended beginning with the 8-inch cut -in tee and valves in Cascade Loop and ended at the cut -in tee in Lincoln Street. On May 171h the water main was pressure tested. The test was started at a pressure of 131 psi and maintained that pressure during the 2-hour test duration to end at 131 psi. After a 24-hour chlorination period, the heavily chlorinated water was flushed from the main and subsequent bacteria samples were collected. Both sets of bacteria samples were negative and therefore we request that the subject portion of water main be placed into service. Please give our office a call in the event of questions or concerns. Sincerely, Toby McIntosh, PE •'•- �TOBINLEE Jackola Engineering & Architecture, PC �M NT SH ? Cc: JEA file , 18994 PE Jackola Engineering & Architecture, PC 2250 Highway 93 South Kalispell, MT. 59901 406.755.3208 Corporate Office 406.755.3218 Fax www.mackola.com Locations in Montana and Washington (Rev. 07-19) `�'hit�yjury'. Surws"?'�n`S`�'yp Date: July 17, 2023 City of Kalispell Public Works Attn: Mark Crowley Kalispell City Hall, 201 111 Ave E Kalispell, MT 59901 Re: KNTC Phase 4 — Sewer Main Completion Notice Dear Mark: We hereby certify that the construction of the sewer main is in accordance with the approved construction plans for Phase 4 of KNTC. Documentation of pressure testing of the main and vacuum testing of manholes has been provided as part of observation reports sent to the city. Video inspection performed by A-1 Sanitation indicates that the sewer main through -out the subdivision meets specifications. It should be noted that an abrupt transition between the flow channel and outlet pipe at SSMH-05 was identified. The transition is in the downstream direction and does not create ponding. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, Toby McIntosh, PE TA•' Jackola Engineering & Architecture, PCpL� # Cc: JEA file * -T(j81�� tN�QSH Cc W 0,18 0 L10EN5� Jackola Engineering & Architecture, PC 2250 Highway 93 South Kalispell, MT, 59901 406.755,3208 Corporate Office 406.755.3218 Fax www.iackola.com Locations in Montana and Washington (Rev. 07-19) rtV �. fy r' K r }'F ! �rrrCi�llt, SIiTVe`f�P� 4��0 Date: Jul 14, 2023 City of Kalispell Public Works Attn: Mark Crawley Kalispell City Hall, 201 1" Ave E Kalispell, MT 59901 Re: KNTC Phase 4 — Storm Main Completion Notice Dear Mark: We hereby certify that the construction of the storm main is in accordance with the approved construction plans for Phase 4 of KNTC. This certification however is conditioned on the contractor providing video inspection to verify that: 1. The pipe between SDMD-01 and SDMH-02 is installed within tolerances and has no defects. Aside from the abovementioned area, video inspection performed by A-1 Sanitation indicates that the storm main throughout the remainder of the subdivision meets specifications. Therefore, once the tasks listed above are complete, this letter may be considered the official storm main completion notice. If you have any questions or concerns, please do not hesitate to contact us. Sincerely, Toby McIntosh, PE Jackola Engineering & Architecture, PC Cc: JEA file I Jackola Engineering & Architecture, PC 2250 Highway 93 South Kalispell, MT. 59901 406.755.3209 Corporate Office 406.755.3218 Fax www.iackola.com Locations in Montana and Washington (Rev. 07-19) I �IlIlI11NIN11NIIfNININ�N�NMIfNIIIINI� N�INI�INII FPage-I5oofap80 Debbie Pierson, Flathead County NT by AC 1/12/2Ul IN pM MN Upon recording, please return to: Jeff Claridge Stillwater Corporation............................................ ................................... P.O. Sox 7338 Kalispell, NIT 59904-7338 AMENDED AND RESTATED COMMON AREA MANAGEMENT PLAN WITH COVENANTS, CONDITIONS AND RESTRICTIONS This Amended and Restated Common Area Management Plan with Covenants, Conditions and Restrietions ("Declaration") is made by the Declarant, Stillwater Corporation, pursuant to Section 3 of the Term Enforcement Applicabilily and Change Enforcement provisions of the Kalispell North Town Center Common Area Management Plan Property Owner's Association document, recorded as Doc. No. 201800009043, records of Flathead County, Montana, on May 8, 2018. This Declaration shall supersede and replace the Kalispell North Town Center Common Area Management Plan Property Owner's Association document in its entirety. The land subject to this Declaration is the land encompassed within Kalispell North Town Center, Phase 1 and Kalispell North Town Center, Phase 2, excepting therefrom the land conveyed from Stillwater Corporation to Spartan Holdings, LLC, on June 13, 2018, and March 7, 2019. A complete legal description of the land currently subject to this Declaration is more particularly described on Exhibit 1. Upon the recording of the final plats of any future phases of Kalispell North Town Center that encompass any commercially zoned subdivision phases of Kalispell North Town Center, the commercially zoned land encompassed within such plats shall automatically become subject to these CCRs. Article I. Definitions 1, Common Areas means those areas designated as Common Areas or open spaces on the recorded plats of any commercially zoned land located with current or future phases of ............... Kalispell North Town Center and held in fee simple ownership by the POA, Common 1 �1111111 p111111111111111111111111111 111111111111 Page: 2 of S 80 Fees: $56.00 111212021 1:42 PM Areas shall also include any lands and improvements held in fee simple ownership by the POA and dedicated for streets, roads, trails, ponds and other drainage areas, boundary fences or other amenities intended for the common use and benefit of the Members. Streets may be conveyed to the City of Kalispell and upon conveyance will no longer be regarded as Common. Areas. 2. Contract Purchaser means a buyer of a lot under a contract for deed. 3. Owner means the fee simple owner or Contract Purchaser of any Lot. 4. Lot means a platted lot in any commercially zoned areas within any current or future property subdivision phase of Kalispell North Town Center. 5, Member means the Owner of a Lot. 6. Occupant means the person or entity, other than the Owner, who occupies a Lot for business purposes. 7. Board of Directors shall mean the Directors of the POA. Article II. Kalispell North Town Center Property Owners' Association 1. An association known as the Kalispell North Town Center Property Owners' Association ("POA") has been incorporated as a Montana mutual benefit corporation with members. The purpose of the POA shall be to manage and maintain the Common Areas within Kalispell North Town Center, Phase 1, and Kalispell North Town Center, Phase 2, as well as all commercially zoned land encompassed within the recorded final plats of any future phases of Kalispell North Town Center. 2. Every Owner shall be a member of the POA. Each Owner shall be responsible for providing written notice to the POA of their acquisition of ownership, their mailing address, and any changes of ownership or mailing address. The initial address of the POA shall be the address of the Declarant, Stillwater Corporation, P.O. Box 7338, Kalispell, MT 59904. The address of the POA may be changed by the Board of Directors of the POA upon notice to the Owners. 3. Regardless of the number of Owners possessing an ownership interest in a Lot, the Owner or Owners shall be entitled to one vote per Lot on those matters upon which the Members are entitled to vote. Any Owner of a Lot is authorized to cast the vote allocated to any Lot. Article III. Shard of Directors 1. The initial Board of Directors shall be selected by the Declarant, which shall determine the initial terms of the Directors. 2. Vacancies on the Board of Directors, whether occurring prier to or upon expiration of a Director's term, shall be filled under procedures set forth within the bylaws of the POA. Article IV. Assessments 1, Each Owner is obligated to pay to the POA Regular Assessments, which may be assessed and collected monthly or annually, as well as Special Assessments. Regular and Special Assessments, together with interest and any reasonable attorney fees incurred to pursue 202100013 Pa9e:3 of 8 80 fees: $56.00 a/1z1202,11:az F" collection, shall be a lien against the Lots of the ?Members. Any such lien shall be subordinate to any prior -recorded mortgages, deeds of trust or trust indentures. 2. The purpose of Regular Assessments is to promote the health, safety, convenience, recreation and general welfare of the owners through the operation and regular maintenance of the Common Areas, including irrigation, mowing, noxious weed control and any other operation or maintenance activities deemed necessary by the Board of Directors. 3. The maximum annual Regular Assessment per Lot shall not substantially exceed the budgeted costs to be incurred by the POA in carrying out the purposes of the Regular Assessments, but the annual budget may include a reasonable contingency amount to be determined by the Board of Directors, as well as ongoing reserve amounts to fund the replacement or reconstruction of any Common Area improvements or equipment. The annual budget shall be set by the Board of Directors. 4. The purpose of Special Assessments is to fund, in whole or in part, any construction or other capital improvements on any of the Common Areas. Such assessments shall be based on the budgeted costs of such construction or capital improvements. 5. Regular and Special Assessments shall be set at a uniform rate per Lot, regardless of Lot size. 6. The Annual and Special Assessments shalt be due on a schedule to be determined by the Board of Directors. Upon mailing of the notice of assessment to the Owner, the assessment shall be a lien on the Owner's lot until paid. 7. if any Annual or Special Assessments are not paid within 30 days of mailing of the notice of assessment, the POA is authorized to record a notice of lien within the property records of Flathead County. The POA may bring an action at law against any Owner of a Lot for which an Assessment is delinquent, or may foreclose upon the lien by a judicial proceeding, following the procedures for the judicial foreclosure of mortgages. Delinquent Assessments shall bear interest at the rate of 10 percent per annum. Owners of any Lot for which an Assessment is delinquent shall also be obligated for the reasonable attorney fees incurred to pursue collection or foreclosure. 8. Any liens for delinquent Assessments shall run with the land. Accordingly, the sale, transfer or encumbrance of any Lot shall not affect the validity of any lien for delinquent Assessments, regardless of whether the lien has been recorded, and collection of delinquent Assessments and foreclosure of any lien may be undertaken against any current Owner. Lot purchasers are therefore advised to check with the POA as to the existence of any delinquent Assessments prior to closing. 3 f �IlflfIIIII11111fIII11111111fIIIIINII IMfNf llf P$ge.4o 88D Fees: $56.00 111212021 1,42 PM 9. Liens for Assessments, or for abatement of any violation of this Declaration, as set forth below (collectively "POA Liens") shall be subordinate to any prior recorded mortgage lien taken for the purpose of financing the purchase or refinance of a Lot. In the event.of foreclosure of any such mortgage, any POA Liens shall be extinguished. Article V. Maintenance of Common Areas The Association shall have the exclusive right and obligation to manage, control and maintain the Common Areas. No Owner, guest or invitee of an Owner may use or occupy the Common Areas or any Lot in such a manner as to disturb or interfere with the peaceful use and quiet enjoyment of any other Owner, guest or invitee. 2. The Association shall be responsible for liability insurance, local taxes and maintenance of the Common Areas. Article Vl. Maintenance of Lots Owners shall at all times, at Owners' sole cost and expense, maintain Lots in a safe, clean and attractive condition. Such maintenance includes, but it is not limited to: • Prompt removal of all litter, trash, refuse, waste, snow and ice. ............ • Keeping landscaping irrigated, weed free and attractive. • Keeping exterior lighting and mechanical facilities in working order, • Keeping parking areas, driveways and roads in good repair. • Complying with all government health and safety improvements. • Striping of parking areas. ........................... • Painting and repainting of improvements. ...................................... • Repair of damage to improvements. • Maintenance of utility lines within Lot boundaries. Article Vili. Enforcement 1. Owners of Lots shall be primarily liable for any violation of any term or condition set forth within this Declaration, Occupants shall be secondarily liable for any such violation. Declarant or the POA shall provide written notice to Owner or Occupant to remedy any violation within 30 days. Under circumstances deemed urgent by the POA, a shorter period to remedy a violation may be imposed. Alternatively, the POA may enter upon a Lot and abate any violation at the expense of the Owner, or prosecute an action at law or in equity to abate any violation. In either such event, the POA shall be entitled to recover its reasonable attorney fees and costs of enforcement. Owners shall also have the right to prosecute an action at law or in equity to abate any violation, with the prevailing party entitled to recover its reasonable attorney fees and costs of enforcement, but shall not have the right of entry or right to unilaterally abate a violation accorded to the POA. 4 1 1111111111111111111IS I P2021000 age°5 of $ 80 Fees. $56.00 1/1212021 1,42 PM 2. The POA or its agents shall have the right, during reasonable hours and upon 24 hours notice, to enter upon and inspect any Lot and the improvements thereon for the purpose of determining compliance with this Declaration. 3. The failure of the Declarant, POA or Owner to enforce any provision of this Declaration shall not be deemed a waiver or in any way prejudice the right to later enforce that provision. Any express waiver, or approval of a variance of any provision of this Declaration by the Board of Directors shalt not be deemed a waiver of enforcement as to any other Owner or Lot. 4. Invalidation of any provision of this Declaration by judgment or Court order shall not affect the validity and enforceability of any other provision, all of which shall remain in full force and effect. V111. Amendment This Declaration shall be amended only by the Declarant for a term of fifteen (15) years from the date of recording, or upon the sale of eighty (80) percent of the Lots located within the land subject to this Declaration, whichever occurs later. Thereafter, Members shall have the right to elect Directors in accordance with the bylaws of the POA, and to approve any Special Assessments, Otherwise, all affairs of the POA shall be managed by the Directors. This Declaration shall be automatically extended for successive periods of ten (1 D) years, unless an instrument amending this Declaration is signed by the Owners of at least 80 percent of the Lots subject to this Declaration. 2. Any provision required as a condition of any plat approval, zoning or planned unit development agreement shall not be altered with the agreement of the City of Kalispell. 3. Any amendment of this Declaration shall be effective upon the filing and recording of such an instrument in the office of the Cleric and Recorder of Flathead County, Montana. 4. Any such amendment shall not require any alterations to existing structures or uses of any Lots. 5 1 11111111111111111NI1IN1 Page: G o0 8 80 Fees: $56.00 111212021 1:42 PK Stillwater Corporation By: rClaridge, Vice Presid nt STATE OF MONTANA } } ss: County of Flathead } 24Lt, This instrument was acknowledged before me on by Jeff Claridge, Vice President of Stillwater Corporation. Notary Public DEIRDRE SUMMERS NOTARY PUBLIC for fhe * SEAL * State ofMonlana .................................................................. Residing at Co€wrb Falfs, Montana R'F OF Ma�ra My Commission Expires May 22, 2022 0 202100 of 8 80 Page: 7 of 8 Fees: $56.00 1/12/2021 1:42 F" EXHIBIT A KALISPELL NORTH TOWN CENTER - PHASE I A tract of land located in the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana., more particularly described as follows; Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., City of Kalispell, Flathead County, Montana; thence S38'34'11"E, 111.48 feet to a point on the east boundary of U.S_ Highway 93 right-of-way and the POINT OF BEGINNING; thence EAST, 1129.94 feet; thence SOUTH, 340.77 feet; thence WEST, 256.08 feet to the beginning of a 430.00 foot radius curve to the left; thence along said curve 382.54 feet through an angle of 50°58'20"; thence WEST, 436.73 feet; thence SOUTH, 680.11 feet; thence N83027'28"W, 77.25 feet; thence N89048'47"W, 30.09 feet to a point on the east boundary of U.S. Highway 93 right-of- way; thence along said east boundary through the following five courses: 1) N00011'11"E, 97.32 feet; 2) N14°12'33"E, 61.91 feet; 3) N00011'06"E, 940.00 feet; 4) N13°54'44"W, 61.80 feet; 5) NOO°14'37"E, 13.90 feet to the POINT OF BEGINNING, said tract contains 12.486 acres, all as shown hereon, and A tract of land located in the northwest quarter and southwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the west quarter corner of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence N88"56'08"E 1338.89 feet to the POINT ❑F BEGINNING; thence N89°36'32"E 333.62 feet; thence SO°23'28"E 723.10 feet; thence S89°36'32"W 333.60 feet; thence NO°23'35"W 72 3. 10 feet to the POINT OF BEGINNING, said tract contains 5.538 acres, all as shown hereon. Subject to and together with easements as shown. Subject to and together with easements of record. KALISPELL NORTH TOWN CENTER - PHASE 2 A tract of land located in the south half of Section 19, and the north half of Section 30, Township 29 North, Range 21 West, P.M.,M,, Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, S89°41'21 "E, 69.85 feet to a point on the east boundary of U.S. Highway 93 right-of- way and the POINT OF BEGINNING; thence continuing along the north line of said Section 30, S89°41'21 "E, 1237.79 feet to the west sixteenth comer common to said Sections 19 and 30; thence along the sixteenth line of said Section 19, N00033'20"W, 2021000013 age: s of s 80 $56.00 1/12/2021 1.42 F" 524.92 feet, thence leaving said sixteenth line, S89"59'34"E, 562.05 feet; thence N00000'11"E, 3 5. 10 feet; thence S89059'49"E, 60.00 feet; thence S00°00'11"W, 555.00 feet; thence S44°59'55"E 7.07 feet; thence EAST 275.88 feet to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 223.72 feet through an angle of 12"19'30"; thence S77°40'30"E, 144.74 feet to the beginning of a 1360.QO foot radius curve to the left; thence along said curve 621.28 feet through an angle of 26010'27"; thence N76°09'04"E, 150.75 feet, to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 251.33 feet through an angle of 13050'46"; thence N89°59'50"E 1706.09 feet to a point on the east line of said Section 19; thence along said east line, S00°37'29"E, 41.97 feet to the southeast corner of said Section 19; thence along the south lino of said Section 19, said south line also being the north line of Tract B of Certificate of Survey No. 20570, on file in the office of the Clerk and Recorder, N89°40'24"W 687.79 feet to the northwest corner of said Tract B; thence along the west line of said Tract B, S00012'33"E 41,98 feet; thence S89059'50"W, 1018.92 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 231.99 feet through an angle of 13°50'46"; thence S76°09'04"W, 150.75 feet to the beginning of a 1440.00 foot radius curve to the right; thence along said curve 657.83 feet through an angle of 26'10'27"; thence N77040'30"W, 144.74 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 206.51 feet through an angle of 12019'30"; thence WEST 265,89 feet; thence S45000'05", 7,07 feet; thence S00°00'11"W, 1235.11 feet; thence WEST 1763.36 feet; thence S83021'33"W, 65.88 feet; thence N89°48'47"W, 40.18 feet to a point on the east line of U,S. Highway 93 right-of-way; thence. along said east line N00011'11"E, 76.39 feet; thence leaving said east line and along the south and east lines of Lot 2, Block 1 of the plat of Kalispell North Town Center - Phase 1, on file in the office of the Clerk and Recorder, for the following three courses: 1) S89°48'47"E, 30.09 feet; 2) S83027'28"E, 77.25 feet; 3) NORTH 680.10 feet to the southwest corner of Lot 1, Block 1 of said plat of Kalispell North Town Center - Phase 1; thence along the southerly, easterly and northerly lines of said Lot 1 for the following five courses; 1) EAST 436.73 feet to the beginning of a non - tangent curve to the right, said curve having a radial bearing of S50°58'21 "E and a radius of 430.00 feet; 2) along said curve for a distance of 382.54 feet, through an angle of 50°58'20"; 3) EAST 256.08 feet; 4) NORTH 340.77 feet; 5) WEST 1026,85 feet to the northeast corner of said Lot 2; thence along the north line of said Lot 2, WEST 103.09 feet to a point on the east line of said U.S. Highway 93 right-of-way; thence along said east line N00014'37"E 86.78 feet to the POINT OF BEGINNING. Said Tract contains 56.926 acres, EXCEPTING THEREFROM: Lots 1A and 2A Open Space of the Amended Plat of Block 3 of Kalispell North Town Center - Phase 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 13 0506937 05'06891 0506936 .3-9 6 0507137 .0507138 0507139 0507140 "050.7141 0507142 0507143 0507144 0507145 ... 050714 6 `1 I f i.................... 1111111111111111 oil11111111111111111111111111111111111 IN 11111111111111111111 IN 111h91800009043 e. 56 of 95 Fees: $121.00 5/8/2018 10:23 AM "LISFELL NORTH TOWN CENTER COMMERCIAL. EASEMENTS AND RESTRICTIONS AGREEMENT THIS EApSEMENT ND RESTRICTIONS AGREEMENT (this "Agreement'), is made this G day of � , 2018, by STILLWATER CORPORATION, LLC, a Montana�ed liability company, Master (."" Developer ("Declarant'). ) WITNESSETH: WHEREAS, Declarant is the fee owner of certain real property located in Kalispell, Flathead County, Montana, more particularly described on Exhibit "A" attached hereto, and made a part hereof, "Commercial Parcels Parcels ." and; WHEREAS, Declarant desires to impose certain restrictions on the Parcels to promote the orderly development and use thereof in a manner compatible with the vision for the Master Development (Project). NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Declarant hereby declares that the following restrictions are imposed on the development of the Parcels for the benefit of the Master Development (Project), and Declarant: A. SITE IMPROVEMENTS 1. Suffer Strin. A buffer strip containing landscaping only shall be maintained between the property line and the edge of the pavement around the perimeter of each Parcel, and no above -ground improvements of any type shall be erected thereon other than signs installed in accordance with Section C of this Agreement, landscaping, directional signs, fencing, traffic barriers, light poles, walkways and entrances to the Project roadways. Said buffer strip shall be at least ten feet (10') in width, except where an Parcel has a common boundary with another Parcel, in which event the buffer strip shall be five feet (5') wide on each side of such common boundary. IIIIIIII �� �� Illfllil Iljl llilk[IIII 1111111111IIIII IIIII f l lll�l IIIII ���� CI Ili III�I Il1l IIIIPage* 56 of 95 Fees: E121.00 518/2018 10:23 AM 2018 03KNTC 111111111111I111111Hill 11111EHill 1111111111Hil11I11IN1111IN11111111INIHI20180089 Fage°57 of4 3 Fees: $121.00 5f19f201& 10.23 AM 2. Curbs and Pavement. (a) Concrete curbs and gutters shall be constructed on or adjacent to the Parcels in each of the following locations: (i) around the entire perimeter of each Parcel, at the edge of the pavement, to separate the paved area from the adjacent landscaped buffer; (ii) on both sides of the landscaped buffer in those areas where the buffer separates Parcel from adjacent access drives and/or adjacent public roadways; (iii) around the building(s) and any landscaped islands constructed on each Parcel; and (iv) at all vehicular entrances to the Parcels from adjacent public roadways, adjacent access drives, and contiguous Parcels. All such curbs shall be full -depth eighteen inch (18") poured -in - place concrete curbs. No bumper blocks or precast, extruded or asphaltic curbs shall be permitted. Minimum height of curb or curb and gutter above paved areas shalt be six inches (6") except at entrances. Handicapped ramps shall be provided as required by applicable code. (b) The pavement section of the parking areas shall conform to City of Kalispell, recommendations for concrete and asphalt but in no case less than 4" reinforced concrete or 3" asphalt on 8" of engineered base. 3. Parking and Access. (a) Each Parcel shall be self-sustaining as to parking. There shall be maintained at all times on each Parcel the greater of- (i) not less than four (4) automobile parking spaces of standard size for each one thousand (1,000) square feet of floor area constructed on the Parcel, or (ii) such number of automobile parking spaces as may be required by applicable law (after taking into account any variances); provided, however, notwithstanding clause (a)(i) above: any restaurant shall maintain the greater of ten (10) spaces per one thousand (1,000) square feet of floor area or such number of spaces as may be required by applicable law. (b) Design of the parking areas shall be in accordance with the following W Compact car spaces are not allowed. (ii) Handicapped spaces should be ,provided in accordance with applicable codes_ (iii) In general, parking aisles should be perpendicular to the building serviced by same, when possible. (iv) Whenever possible, curbed islands should separate a change in direction of parking stalls and aisles. (v) Parking lot striping shall be 9' minimum width and 19' long. Striping shall be maintained in good order and re -striping shall be provided as is reasonable and required. I Illlli11111111i114111llllllllllll11111111111111111! 1lllllllllll1111I111 Fe i1141.111111fff1I1111111a1 53 5/Sf 2o1B 10:23 FM 2018_03KNTC I1111111111111111IN 11 Hill 111111111111111 pill 11111 I11111111111111111 IIIIPage: 58 of 953 Fees: $121.00 5/8/2018 10:23 AM (c) Declarant hereby establishes, to and for the benefit of the Parcels and the owners, tenants, occupants, customers and invitees of the parcels, a non-exclusive, perpetual easement for vehicular and pedestrian access, ingress and egress to and from U.S. 93. 4. Utilities. (a) Grant of Easement. Declarant hereby acknowledges that the utility and drainage systems ("Utilities') serving the Parcels are part of the systems serving the Project. Declarant hereby establishes, for the benefit of the Parcels, a perpetual, non- exclusive easement to connect with and use such utility and drainage systems upon and subject to the following terms and conditions: (i) All connections shall be designed by a professional engineer. All points of connection shall be located per Kalispell City standard at locations approved in writing by Declarant. The plans for all connections shall be subject to the prior written approval of Declarant. (ii) The quality of materials used in connecting lines, pipes, conduits or other materials shall be of quality equal to or better than those to which they are connected. (iii) The materials and workmanship shall comply with all applicable governmental codes and regulations. (iv) All work done in making said connections and repairs to such Utilities shall be completed expeditiously and in such a manner so as to cause no undue interference with the businesses being conducted at other locations in the Project, so as to minimize any disruption to the Project, access drives, and so as not to interrupt or interfere with utility services to any improvements in the Project. (v) After completion of such work, the fee owner of such Parcel shall, at its cost and expense, promptly restore all property and improvements affected thereby to the same or as good condition as existed immediately prior to the commencement of such work. (vi) With respect to any water, sanitary and storm utility systems which are not maintained by a utility company or governmental authority, the fee owner of each Parcel served by such utility system shall pay to Declarant, or to its designee, upon receipt of periodic statements therefore a proportionate share of the cost of operating, maintaining and repairing such utility system based upon the area of the Out Parcel and the total area of other Parcels served by such utility system. (b) General. All utility lines shall be entirely underground, with no overhead lines, poles or wires permitted. 3 20s s_o xNTc 1111�111111 I l 1111111111111111111111111111111111111111111 Hill 111111111111111 [111 V 1111 Pag a $12 f 95 5/8/ 2018 10:23 AM I�IlIIIIIIIV�I YIilullIII YIYiY�W�WYI Ilialit111rOge°59of053 Fees: 121.00 5/8/2018 10.23 Ail (c) Storm Sewers. All storm sewers shall be designed such that the entire storm water run-off will be contained within the Parcels, but shall discharge through the storm water drainage system for the Commercial Center. Storm water drainage shall be implemented by the use of catch basins and underground storm lines. No open ditches will be permitted. Construction of the storm sewer system shall be in accordance with the following: (i) Storm sewer design of pipe and size shall be determined on storm frequency of not less than ten (10) years or as determined by local code. (ii) Storm sewer size of main line is to be a minimum of twelve inches (12") in diameter. (iii) Catch basin, manholes and drainage appurtenances shall be spaced in accordance to local codes and as required to provide necessary drainage. (iv) Material type shall conform to local codes and American Society for Testing and Materials. (v) Each Parcel owner's design engineer is responsible for determining that its system is in compliance with applicable codes and that its system does not exceed the design capacity of the system into which the Parcel system flows. (d) Sanitary Sewers. No on -site septic system for sanitary sewer treatment facility will be permitted on the Parcels. Construction of the sanitary sewer system shall be in accordance with the following: (i) Public sanitary sewers shall be minimum diameter of eight inches (S"). Service lines to the building shall be a minimum of six inches (6") in diameter. (ii) Materials shall conform to American Society for Testing and Materials and local codes. (iii) installation of sanitary sewer pipe shall conform to local codes. Trench detail and method shall be incorporated into the plans. (iv) Sanitary sewer line shall be tested for infiltration, exftitration, and air tested. (e) Gas. Gas service, if available, shall be provided by the local gas company. The Parcel owner shall be responsible for obtaining any and all necessary consents or approvals for obtaining gas service and for the payment of any fees. All gas lines shall be below grade. All gas meters, valves, etc. shall be concealed from public view. (f) Electric. Electric service shall be provided by the local electric company. The Parcel owner shall be responsible for obtaining any and all necessary consents or approvals for obtaining electrical service and for the payment of any fees. All electric 4 2018_03K1+1TC IIIII111IIIIIIIIIIllll111l11111 �1 III! IIIIIIIIII111II11111111I1�111IIIII IIIII #ININPage: 39095 Feet: S121.00 5/8/2018 10:23 AM IWIIIIIIIIIIIIIIIi�IIIIIIII�VW11llIIIl�I11111111111iIIIIII IIIIIIIIIWP".. P. of 043 95 Fees: $121.00 5/0/2018 10:23 AM service shall be below grade. All electric meters, transformers, etc. shall be concealed from public view. (g) Telephone. Telephone service shall be provided by the local telephone company. The Parcel shall be responsible for obtaining any and all necessary consents or approvals for obtaining telephone service and for the payment of any fees. All telephone service shall be below grade. All telephone equipment shall be concealed from public view. (h) Utility Easements. Declarant hereby reserves a perpetual, nonexclusive easement for the construction, maintenance, operation, repair, inspection and alteration of utility lines and/or pipelines, together with reasonable rights of access thereto, under, upon and across a fifteen foot (15') wide strip along the inside of and adjoining all boundaries of the Parcels. There shall be no above -ground improvements other than curbing and/or paving on the portion of said easement lying outside of the buffer strip. S. Traffic Flow. Pavement markings, directional signs and other traffic indicators on the shall provide far a traffic plan compatible with that of the Project. Design of the interior traffic flow and parking layout of each Parcel shall be in accordance with the following: (a) All access points will allow for sufficient vehicle stacking distance. (b) Entrances directing traffic to a "head-on parking condition" should be avoided. (c) Drive-thru facilities should allow for sufficient vehicle stacking distance and should be removed from parcel access points. (d) All two-way access shall be via twenty-four foot (24'-0") wide (face to face of curb) curbed driveways. (e) All one-way access, when required, shall be via twelve foot (12'-0") wide (face to face of curb) curbed driveways. radius. (f) All access driveways shall have a thirty-five foot (35'-4") minimum (g) Service access for use by semi -tractor trailer or fire trucks may require wider driveways with greater radius. (h) Access driveways to public roads may require special acceleration/deceleration lanes. (i) All pedestrian access shall be clearly identified. When same crosses a landscaped area it will be via a five foot (5'-0") wide hard -surfaced sidewalk. 5 2618_03i{N rC Ill/ I li l ll l 111 lllll 111111111111 II 111111111N ll it l lull lull llll ll llll ll II II 201a800D of 95 Pge: 60 of 95 Fees: $121.00 5J6J2018 10:23 AM 1111111111111I1111111111111111�111111111 IN 1111111111IN 1111111111111111111111111111Page °81 of 5 Fees: $121.00 5/8/2018 10:23 AM The minimum distance between access driveways shall be one hundred feet (100'-0") centerline to centerline. 6. Landscaping. (a) The following landscape standards or the ordinances or zoning requirements of the local governing bodies, whichever are more stringent, shall prevail: Plant material will vary, and particular attention should be placed on the selection best suited for the location of the Project to make an attractive parcel that is compatible with the quality of the entire Project. The primary landscaping materials should be of quality that will serve in enhancing the environment and also serve as a functional part of the project. Trees should not only provide shade when mature, but also have character and interesting color as they grow. Shrubbery and ground covers should also provide visual effects in color and texture, while providing screening in needed areas and also highlighting the architecture of surrounding structures. Effective use of earth beams and existing topography with existing trees, if any, is also encouraged as a component for a good landscaping plan. The landscaping and planting areas should be reasonably dispersed throughout the site. The interior dimensions of any planting area or planting medium should be sufficient to protect the landscape materials planted within and to insure proper growth with attractive appearance. Irrigation should be supplied to assure the viability of the plant material and ease in the maintenance of the site. (b) The following design criteria shall be followed: (i) Minimum Development Size Requirements. (A) All buffer strips and other portions of the Parcel not devoted to buildings, parting, signage, driveways or sidewalks shall be suitable grassed and/or landscaped in a manner compatible with that of the Project. Not less than seven percent (7%) of the area of each Parcel shall be devoted to landscaping and/or green space. The landscaping on the Parcel shall not obstruct (through either original planting or untrimmed growth) the view of improvements of any adjacent Parcel. (B) Unless a variance is approved by Declarant, landscaping expenditures for a Parcel shall be at least one and a half percent (1.5%) of the total building cost. This would include all in -ground landscaping within the Parcel, exclusive of irrigation and various site amenities. (ii) Plant Material Requirements. (A) Existing plant material of appreciable size and character will be incorporated into the new landscape plan and any other significant landscape features will be preserved. 6 01$-03KlVT Illllllillllil111lli1111111IIIIIIllllllill1111111111IIIIIIillllll'1111111IIIIIIIIIIIIIIIIIIIIIIIPegr09 61 pSS Fees. $121.OD S/8/2018 10;23 AM Illllllf II II I III Illll IIIII IIIII IN Hill Hill 1111IIIII ills1 HI11 11111111111111111111 luipage; ,2 �� Fees. $121Aa 5/8/2018 1g:23 AM (13) No plant material shall be planted that is not capable of growing in the local area. (C) Plant material should be selected for type, size, and quality on the basis of suitability to climate, setting and compatibility with other development plantings, character and functions. (D) Plant materials should be free of disease and harmful insects. Plants selected which are prone to disease and insect problems or which may jeopardize the health of adjoining plantings will not be acceptable. (E) The quality of plant material selected will follow the guidelines of the "American Standard for Nursing Stock„ by the American Association of Nurserymen unless otherwise indicated. (F) Proper drainage will be required for all major plantings to insure the establishment of a good root system and a healthy growth. (G) The installation of all landscaping shall be done by a well established landscape contractor who follows the procedures set forth by the American Association of Landscape Contractors and its local agencies. (H) No artificial plants of any type, size or color will be allowed within the landscaped area or around or on the building within the Parcel for the life of the development. (I) The Parcel owner shall be responsible for providing, protecting and maintaining all landscaping in a healthy and growing condition, replacing it immediately, when necessary, with the same type, size and quantity and keeping it free of refuse and debris. (iii) Plant Material Specifications. (A) Trees shall be species having a minimum mature spread of fifteen feet (15') to twenty feet (20"), with a minimum mature height of fifteen feet (15') and installation size of two and one-half inch (2%") to four inch (4") caliper. Evergreens will have a minimum of six feet (6') to seven feet (7) in height when installed. 7 jai $_a xxrc 111111E 11111111 Hill 111111 11111 Hill 1111 III f f III 111 Hill IIIII 11111111111111I1111 IN p201800009043 ege. 62 of 95 Fees: $121.00 3/8/2018 10:23 AM IIIIIIII II II I III IIIII IIIII IIIII IIII �I YIII IIIII IIII IIIII III 1111111111111111111 Illf Iro1 Fees. ;121.00 5/8/2018 10:23 AN (B) Shrubs shall be a minimum of three feet (3') in height when used as a hedge and five feet (5') to six feet (6') in height if used as an ornamental planting. (C) Vines shall be a minimum of two (2) to three (3) years old when planted and should he used for screening on walls and fences, etc. (D) Ground cover shall be a minimum of two (2) years old when planted and shall be spaced so that a complete coverage can be obtained after one growing season. (E) Grass areas shall be planted with species indigenous to the area, disease resistant and one that will require low maintenance in cutting and watering. It should be an immediate cover, and sod is recommended in areas of the country in which it will grow. Various grasses, for drier areas, will be planted in groupings for an effect. (F) Flower beds are encouraged and shall be planted in acceptable areas of the country to create color, texture and interest at the discretion of the landscape architect. (iv) Landscape Accent Material. (A) Site furnishings such as benches, waste receptacles, tables, etc. will be in character with the building architecture and the surrounding landscaping- (B) Paving materials for paths, patios, etc. are recommended to be of porous nature when installed, such as patio bricks, interlocking pavers or concrete stepping stones. (C) Mulch materials will he of small size gravel, shredded bark or other organic material best suited and adapted for the local area. (D) Edging used to separate grass areas from shrubs, ground corer and mulch will be a good quality steel edging, secured with metal stakes. No plastic edging will be accepted. (r) Landscape Definitions. (A) Landscaping — Shall consist of any of the following or combination thereof•. materials such as, but not limited to, grass, ground corers, shrubs, vines, hedges, trees, or other live plant material growth in the area of development. 8 201803KNTC 11111111 II II III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II I III IIIII IIII IIII Page: 63 of 45 Fees: $121.00 ,,8120tS 10:23 AM 1IHIIIIIII II I III!IIIII Hill Hill IIII IQII IIII HII IIIII Il[II loll loll IIII II III IIIII IIII IHIP20180009043 age©64 of 95 'Fees: $121.00 5/812018 10,23 AM Non -live material such as rocks, pebbles, mulches, fences, walls, pavers, benches, irrigation systems and other site amenities would also be included in landscaping. Mounding, berming or grading would be part of landscaping but not necessarily included. (B) Trees — Any self-supporting woody plant which usually produces one main trunk and a more or less distinct and elevated head with many branches. (C) Shrubs — A woody plant that usually refrains low and produces shoots or trunks from the base. It is not usually tree -like nor single -stemmed. (D) Vines — Plants which normally require support to reach mature form. (E) Ground Cover — Plants of various types and low in height, dense growing and used for covering the ground, as in areas where it is difficult to grow grass. 7. Grading and Drainage. Each Parcel shall be graded to provide positive drainage to the retention/detention area (if required) or storm sewer lines that have been sized to receive Parcel discharge. All necessary erosion control methods shall be utilized to avoid siltation onto adjacent properties and into pipelines. Stockpiling of topsoil or excessive material shall be done so as not to interfere with drainage before, during or after construction. Existing drainage areas will not be altered during the grading sequence or after unless accepted by Declarant. Parking lot slopes shall be a minimum one and one-half percent (1.5%) and maximum four percent (4%). All trenches and excavation near or adjacent to existing curbs, sidewalks, and pavement shall be backfilled with trench backfill material. Required density of compaction shall be indicated on the plans. Site Lighting. Poles shall be restricted to twenty-two feet (22') in height, exclusive of base, or as Otherwise required by local code. Illumination shall conform to the City of Kalispell lighting standards. Cut-off fixtures (shrouds) shall be installed whenever necessary to avoid spillover to adjacent property. All lighting poles and fixtures and bases installed on the Parcels shall be approved by the Declarant. B. BUILDING CRITERIA Architectural Design. The design of each building should be compatible with and/or complement the Design Guidelines and other peripheral buildings. The design should be a simple 9 2018 Q3 C l IIIIIIII Ii II IIII IIIII IIIII IIIII Illll IIIII IIIII IIIII IIIIIIIII IIIII IIIII ���� �� IIIIIIII IIII IIII Page: 64of 93 5 Fees. S121.00 5/8/2018 10:23 AM [If1111III1IllIIIIIf11II[IIIIIIIIflI11{IkI�IIIIII�III�IIIIIIIIIIIII�IIW`aSe�65 of 45 Fees: $121.00 5/8/2018 10:23 AM geometric shape and finished on all sides. It is suggested that each building have a canopied entrance or pedestrian arcade where applicable. No Parcel shall contain more than one (1) building without the consent of Declarant. Without the prior written consent of Declarant to be exercised in its sole discretion, no building on any parcel shall be partitioned or subdivided or leased or occupied for multiple stores or users. The design of each building proposed for each parcel shall be submitted for approval by Declarant prior to construction. This approval is in addition to any governmental regulatory approvals and shall not be withheld. It shall be the Declarant's discretion for approval or modification. Parcel Owner shall submit plans, elevations, site plan, and landscape plans, as well as material selections for review and approval. 2. Materials and Colors. Substantially maintenance -free materials such as brick, architecturally -treated concrete and stucco should be used wherever possible, Materials and colors should be compatible with those defined in the Design Guidelines. Use of exterior colors shall be in good taste and in character with the remaining development. Color should be an aesthetic consideration combined with the building form, proportions and materials. 1 Screening. All mechanical and/or electrical units, roof -top or ground mounted, will be screened with the same material used on the 'building facade. Whenever possible, the exterior building walls will be extended to accomplish same. 4. Delivery; Trash. Loading docks and refuse areas are to be located on the least visible side of the building and screened as called for above. Outside storage is specifically prohibited. Whenever possible, refuse areas should be accommodated inside the building. 5. Orientation. All buildings shall be subject to the following set -back requirements in addition to those contained in local zoning ordinances and building codes. In no case will a building be located closer than fifteen feet (15'0") to an adjoining property line or twenty-five feet (25'0") to a property line on a public or private roadway. Set -back requirements may be affected by the public or private characterization of adjacent roadways and access roads. 6. Aesthetics. Exterior exposed fire escapes, exposed service stairs or ladders, radio or television towers and antennae or satellite receivers are not permitted, except that one (1) satellite dish not exceeding two feet (2") in diameter shall be permitted. 10 2018_ 31CN7C I111111111111 I 11111 INI IIIIII11111111111111 IN111II IIIIIIIIIIIII111111 1111IN20100009043 PBge: 65 of 95 Fees. $121.00 5/8j2018 10:23 AM I Ia1�1111111� 1[111111111[II I[11111111111111111111111111111 Hill 1111111lil 111111111 of l0fPa1e086 5' !43 Fees: $121.nn 5/8/2018 10:23 AN 7. Utilities. All utilities are to be underground with no exterior visible connections to Out. Parcel facilities, except for required meters or transformers. Meters and transformers shall be screened. .1 Height. No building(s) along the first parcels bordering Highway 93 or other improvements erected upon Parcels shall be more than two (2) story above grade or exceed thirty-five (35') feet in height, all other parcels shall not exceed four (4) stories or exceed fifty feet (50') for all other parcels, measured from the finished floor elevation to the top of the highest building protrusion, including, without limitation, roof -mounted equipment, decorative roof screening and other such appurtenances, but excluding in each instance decorative architectural features such as but not limited to a spire, clock tower, or cupola. C. SIGN CRITERIA General Requirements and Prohibitions. (a) The following criteria shall apply to all exterior signs or insignia placed or installed on the buildings or improvements thereon. Where these criteria are more stringent or restrictive than the applicable ordinances controlling a particular locale, then these criteria shall be controlling. Where these criteria are less stringent or restrictive than the applicable ordinances of a particular locale, then the latter shall control. The Declarant shall have approval of all signage components proposed for individual parcel. (b) No painted lettering, painted symbols or painted identification of any nature shall be allowed. (c) No exposed wiring, conduits, tubing, lamps, ballast boxes or raceways will be permitted, except that with the prior written consent of Declarant, exposed neon lighting or other lighting tubes may be used in an aesthetically desirable manner as provided in Section 3(f) of this Agreement. (d) All penetrations of the building structure required for sign installation shall be neatly sealed in a watertight condition. (e) No labels will be permitted on the exposed surface of signs, except those required by local ordinances and, if required, shall be in an inconspicuous location. (f) All electrical signs shall bear the U.L. label and shall be connected to the electrical service for the Parcel on which such sign is located. (g) All cabinets, conductors, transformers, ballasts, attachment devices and other equipment shall be concealed. 11 2418_039{NTC 1111111�I II II I f�II I�1111111111111111 I1IIr I11111111 �Il1l lll111111� II�II IIII P 111lllll l U III p20180000,9043 age: 66 of 95 Fees. $121.00 5/8/2018 10,23 AM 9e�67 of 95 fees. ¢121.00 5/812018 10.23 AN (h) No flags or banners shall be installed or permitted on the Out Parcels nor on any improvements constructed thereon, unless approved in writing by Declarant in connection with a grand opening or other special event. In no event shall the period for the display of said flags or banners exceed three (3) weeks for any single occasion. No paper, cloth or cardboard signs shall be permitted. This provision shall not prohibit the erection of flagpoles to display national, state or corporate flags on the Parcels. (i) No portable signs shall be permitted. 2. Freestanding Signs. Freestanding Signs shall be in accordance with the City of Kalispell Sign Code Conditions per Ordinance 1630 as applicable to the PUD and be subject to Developer review for compliance with these covenants. (a) All freestanding signs shall be of a monument type in a planter setting, uniform in design and setback. The location of all monument signs must be approved by Developer. (b) A planter area of five (5) square feet for each six (6) square feet of sign area, including both sides, shall be required at the base of the sign. Landscaping and planter shall not be measured as a part of the freestanding sign for the purpose of meeting horizontal and vertical size requirements. All landscaped areas shall be maintained to minimum standards set forth in this Agreement. (c) Only one (1) freestanding sign shall be allowed per Parcel. Declarant will consider two on corner lots on a case by case basis. Said sign may be doubled -faced. The display area shall not exceed eighty (80) square feet per face. (d) All freestanding signs shall be of permanent construction and shall be subject to the provisions of the building code of the locale in which it is located. (e) Freestanding signs may be internally illuminated or backlighted. Illumination shall be turned off within one (1) hour of closing and turned on within one (1) hour of opening. (f) Such freestanding sign shall contain only the name or trademark of the business, building or building complex which it identifies and shall not contain change panels, advertising or names of individual tenants; provided, however, with the written consent of Declarant, a bank may have an electronic reader strip as an element of its sign. No graphic logos will be allowed. (g) For multiple user facilities such as office buildings, site identification signage includes additional variables that must be considered. Conceptual designs for freestanding signs serving these types of facilities shall be submitted to Declarant early in the project development stage to allow ample time for revisions and resubmittal. I IIII 12 201 $ 03N E iE I I If I��I{{f` +I 1 1 III I }pyf IpI 1i III III `p Page: 67 of 953 Fees: $121.00 5/8/2018 10.23 AM I�III�II�II���WllW m�mu�m���m���ull� ��I�W1� Pag _ Df 3 Fees: �121.00 5/8/2618 10;23 AN 3. Building -Mounted Wall Sigps. Building -Mounted Wall Signs shall be designed in accordance with the current City of Kalispell Sign Code Area Allowances using the building frontage method or lot length method and be subject to Developer review for compliance with these covenants. Except as approved by Developer: (a) Wall signs shall identify the individual business, building or building complex by name or trademark only. (b) One wall sign per occupant will be allowed for buildings of multiple occupancy. (c) No panel signs will be permitted. Wall signs shall consist of three- dimensional individual characters mounted in relief upon the face of the building. Such signs shall be back -lighted so as to appear in silhouette or intemally lighted. (d) Exposed neon shall be subject to Declarant's prior written approval. Exposed neon letters may be allowed if the neon tubing is designed to highlight flat letters of the same in a broader stroke. The flat letters may be painted or some other appropriate material applied to the background field. Colors must be chosen with highlighting of the letters as the major consideration. (e) No building -mounted wall sign, nor any portion thereof, may project above the parapet wall or top of the exterior wall or building fagade upon which it is mounted. (f) There shall be no rooftop or penthouse signs of any kind. (g) No signs perpendicular to the face of the building or its facade will be permitted. 4. Traffic Directional Signs. Parcel owners shall be permitted to install signs designed and located solely for the purpose of relieving traffic congestion and promoting the smooth flow of traffic. Such signs shall contain no advertising or identification copy of any sort and should conform to the design of the building and site signage. 5. Prohibited Signs/Pylon i ng_s. (a) No flashing, smoking, moving, audible signs or rooftop signs are permitted, except that with the prior written consent of Declarant, a bank or other financial institution may install a time/temperature sign. (b) No freestanding pylon signs shall be permitted, except for traffic and directional signs. 13 2018_03KhiTC 11I1IIIIIIIi71111111111I11111119111N11111111110111111111I1I 111Pags $8o 95 5/8/2018 10:23 AM li I'II II kk fkl f I I! Il !illlllll IIIff ii l fill! i1111lillk iif kf I Ili 111ll Page: 69 f fllf 111 ill of953 [�I�I�Illllllllll�l(IIIII�III llll��l l��l�fl l)I1111I1))IIlIU111111110�Page 5/8/2018 69of95 10;23 AM Fees: $121.04 5/9/2018 10:23 AM D. CONSTRUCTION 1. A written schedule of construction and project events is required to be filed with Declarant seven (7) working days in advance of construction start so that field personnel may be notified. Before starting M operations on site, the Parcel owner's contractor must supply Declarant's personnel on site with the name and phone number of the field superintendent and copies of all required permits. Declarant will issue written verification upon receipt of this information at which time the contractor may commence his activities. The Parcel owner's contractor shall be liable for any damage caused to the facilities of the Project or adjacent property owners and shall immediately repair any such. damage. 2. Use of the Project easements, access and interior roads and parking areas is prohibited unless prior permission is granted. A request for use of roads should be made a minimum of two (2) working days in advance of the intended use. 3. Construction hazard areas of and around the site must be clearly marked and barricaded from non -construction pedestrian and vehicular traffic. 4. Temporary structures, signs, barricades, and construction equipment must be clean, neat and uniform in appearance, maintained regularly and removed immediately when their use is no longer required. 5. Signage at the construction site shall be limited to the necessary hazard, warning and directional information. A development sign may be allowed but must conform to the criteria for temporary signs. Separate contractor, architect or other advertising signage is not allowed. f. Construction materials, equipment, temporary shelters, signs and operations are to be confined to the project site for the sole purpose of the project's construction and shall not present a hazard or infringe on any adjoining developments, operations, easements or rights -of -way. 7. Any on -site construction dirt and debris must be stored and screened from view or removed from the premises, all on a daily basis. Construction dirt and debris are not allowed to accumulate on any adjoining roads, parking areas, walks or other property and shall be broom cleaned immediately. S. Once Parcel development has begun, construction should be diligently pursued to its finish. No structure, facility or Parcel improvement is to be left incomplete. All construction shall be completed within a reasonable construction time period. 9. All required permits must be clearly posted. 10. Copies of all construction change orders are required to be filed with Declarant 14 2018^03KNTC ���lVIIIIII11111111111111111111 IN 1111111No111H J IIIII INIIIII120180009043 Page°70 of 95 Fees: $121.00 5/8/2028 10:23 AM 11. Declarant must be notified of any planned interruption to any utility service (water, gas, electric, etc.) seven (7) days in advance. Declarant must be notified immediately of any accidental interruption to any utility service. E. MAINTENANCE 1. Each Parcel owner shall, at all times, at its sole cost and expense, keep its Parcel, including all improvements thereon, in a well maintained, safe, clean and attractive condition, such maintenance includes, but is not limited to, the following: (a) Prompt removal of all litter, trash, refuse, wastes, snow and ice. (b) Keeping all landscaping alive, weed -free and attractive. (c) Keeping exterior lighting and mechanical facilities in working order. (d) Keeping parking areas, driveways, and roads in good repair. (e) Complying with all government health and safety requirements. (f) Striping of parking areas and repainting of improvements. (g) Repair of exterior damage to improvements. (h) Maintenance of utility lines. 2. Enforcement. If any Parcel owner fails to maintain its Parcel in accordance with the foregoing in such manner as may be deemed necessary by Declarant to preserve and protect the value and attractive appearance of the Parcel, then Declarant may give such Parcel owner written notice of the work or repair required to be carried out or undertaken and diligently pursued within thirty (30) days from the date of such notice. Should such Parcel owner fail to carry out such maintenance and repair, then Declarant, through its authorized agent or agents, shall have the right and power to enter onto such Parcel and perform such care and maintenance without any liability for damages for wrongful entry, trespass or otherwise to Parcel owner. The Parcel owners of any part of the property on which such work is performed shall be jointly and severally liable for the cost of such work and shall promptly reimburse Declarant for such cost. F. USE RESTRICTIONS The Parcels shall only be used for commercial, retail (including without limitation restaurants), service, banking and financial institutions, professional and office, and no use or operation shall be permitted which is incompatible with a first-class commercial development, including, but not limited to, the prohibited uses set forth on Exhibit "D" attached hereto and incorporated herein. 15 2018_03i{NTC II!!IlillIIIIIIIlIIlII!!IlII�lIIlI4I!l4II!!NI!lIII!!IIlli 1i1l lllllllllll ltill!lII !ll.est S12100 re 516/20i8 10:23 AM I>�llill II1111i1 llIII IIII IIII IQII ill Ulll QII IIII IQi IIIII IIII illlll I III IIIIIIlII II2age°7x of 95 Fees: $221.66 5,8/2018 16:23 AM G. SUBDIVISION/RE-ASSEMBLY Declarant (but not any purchaser of any Parcel) shall have the right to combine two (2) or more Parcels into a single Parcel, to subdivide the Parcels into two (2) or more Parcels, and/or to relocate common boundary lines between Parcels, provided, however, that the prior written consent of the Benefitted Parties shall be required for any of the foregoing matters which (i) will result in the combination of more than two Parcels or (ii) will result in the creation of any single Parcel lot in excess of forty thousand (40,000) square feet or more. Each of such reconfigured Parcels shall constitute a separate Parcel hereunder and shall be subject to all of the terms and restrictions of this Agreement. H. BENEFITS OF RESTRICTIONS The restrictions contained herein shall be effective as of the date hereof, shall run with the land burdened thereby, shall be binding upon all owners and occupants thereof, or any part thereof and improvements thereon, and their respective successors and assigns, shall constitute encumbrances on the Parcels, and shall inure to the benefit of Declarant and its designee and the Benifitted Parties, as hereinafter defined, and their respective tracts. The Beni/teed Parties are the fee simple owners of the Kalispell North Town Center Tract (as shown. on Exhibit C) and their successors and assigns who are owners of fee simple title to such tract if expressly conveyed this right by declarant by future subdivision of Kalispell North Town Center property by declarant. The restrictions created herein shall terminate and expire on the later of (i) January 31, 2092, or (ii) the termination or expiration of the Construction, Operation and Reciprocal Easement Agreement by and between Declarant, and dated of even date herewith. The restrictions set forth herein shall not bind any other property of Declarant. I. NO THIRD PARTY BENEFICIARIES The restrictions created herein are for the sole benefit of Declarant and the Benefitted Parties and are not intended and shall not be construed to dedicate any easements to or create any rights in favor of any person, entity or the general public. L AMENDMENT This Agreement may be amended by the written agreement of Declarant, or its designee, and the Benefited Parties without the joinder of any other person or entity, notwithstanding the fact that Declarant may sell the Parcels to third parties; provide d, however, such amendments shall be effective only as to such of the Parcels as are owned by Declarant at the time of recording of such amendment. Declarant reserves the right (notwithstanding the fact that Declarant may sell Parcels to third parties or that Declarant no longer owns any Parcels) to grant variances in writing with respect to this Agreement or any amendment hereto as to a particular Parcel without the joinder of any other person or entity except that the written consent of the Benefited Parties shall be required with respect to a change in (1) the use of an parcel to a use which would violate this Agreement (2) the height of any buildings or other improvement on an parcel which 16 2018_03xrrrc IlIIlllll!!!!lIIIIlIiIIIIIIlIlll41lllIl!lIIIlIIIlIIIII41IItilllllllllilllll!lIIIII4IIIIIIIIIIIIFee $110o 51612oi8 1P:23 AM 111111I1I11 fl I 1111f l ll111InI Illll IN IIIIInil Hill III Hill1f111IN 111111lllll11111I IlP2018000090 age. 72 of 95 Fees: $121_00 5/8/2018 10:23 AM would violate this Agreement (3) a parking; ratio on an parcel which would violate this Agreement or (4) a variance from any of the provisions of Paragraph C regarding sign criteria. Any designee of Declarant shall be designated by written instrument executed by Declarant which states that the designation is made pursuant to this Agreement and which is recorded in the Recorder's Office of Flathead County, Montana. K. SEVERABILITY If any term, covenant or restriction herein shall be invalid or unenforceable, the remainder shall not be affected thereby, and each term, covenant and restriction shall be valid and enforceable to the fullest extent permitted by law. L. ENFORCEMENT In the event of a violation or an attempted violation of the foregoing restrictions, Declarant, or its designees may prosecute any proceedings at law or in equity to enjoin such violation and to recover damages for such violation, including reasonable attorney's fees. If Declarant elects not to prosecute any violation, then any of the Benefitted Parties may do so following fifteen (15) days prior notice to Declarant of said intention to prosecute the violation or attempted violation. [SIGNATURES ON FOLLOWING PAGE.] 17 zQ l $ i13KNTC 1111111111111111111 E 1111111111IIIII Hill Hill 11111 IN 111111111111111111111111111 IN 201800009043 Page $ 2 of 9 Fee5/8/201.8 10:23 AM fees: ;IZI.00 5/8/2018 10:23 AM IN 'WITNESS WHEREOF, the parties have executed this Agreement on the date first written above. ST1LLWAT R CORP A N, By. N e: C Title: STATE OF MONTANA COUNTY OF FLATHEAD Before me, Z _, a Notary Public; in and for said State and County aforesaid, duly commissioned and qualified, personally appeared ;� ciow , with whom I am personally acquainted (or proved to me on the J)akis of satisfactory evide ce), and who, upon oath, acknowledged himself to be the 'eg rof STILLWATER CORPORATION, the within -named bargainor, a corporation, and that he, as such being duly authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the limited liability company by himself as such WITNESS my hand and seal at office on this the 9&day of 2018 -e�kl_ 40tPub My 'ommission Expires: 2019 02KNTC 0 AMBER GOULET swat NUARY Pt BLK fat to .SEAL Rssliis� a . ,... fells. tisshs� MyCoAr11:;s_..w fxpiios Mwcb 12, 2010 111111!!1II1! 1111lI111911111111111111IIII11111111111111lull IIII II1111 IIII1[1111 Page: 73 of 9 3 page: 73 of 45 Fees: $121.00 5 ,6 f2018 10:23 AM rd IjUl111111111111JUII�III JillIMJHJill IIIIIIJIfft, 74nf 95 ram: $1x1.aa 518/2018 10:23 AN EXHIBIT "A" PARCELS Legal Descriptions Phases 1 & 2 Kalispell North 'Fawn Center l IIllIIII 11 it 11111 II1I11I IIIII IIIII llll 11111111 Hill 111111 lhI 11911111111111111111 II1201000 P09e°74of 953 fees. $121.00 5/8/2018 10:23 Alf 2U I S 02 KNTC ��IfAillllllll111Hillllllll�IIHillHillallllllil�11Hilli1111lill111111[IiI1IN111Page°75 of 95 Fees., $121.UO 51812018 10:23 AM ICA PIONEERING ENVIRONMENTS Kalispell North Town Center -- Phase 1 Property Description A tract of land located in the northwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest corner of said Section 30, Township 29 North, Range 21 West, P.M.,M., City of Kalispell, Flathead County, Montana; thence S38034'11"E, 111.48 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence EAST, 1129.94 feet; thence SOUTH, 340.77 feet; thence WEST, 256.08 feet to the beginning of a 430.00 foot radius curve to the left; thence along said curve 382.54 feet through an angle of 50'58'20"; thence WEST, 4 36.7 3 feet; thence SOUTH, 680.11 feet; thence N8302728"W, 77.25 feet; thence N89048'47"W, 30.09 feet to a point on the east boundary of U.S. Highway 93 right-of- way; thence along said east boundary through the following five courses: 1) N00011'11"E, 97.32 feet; 2) N14°12'33"E, 61.91 feet; 3) N00*11'06"E, 940.00 feet; 4) N13054'44"W, 61.80 feet; 5) N00°14'37"E, 13.90 feet to the POINT OF BEGINNING, said tract contains 12.486 acres, all as shown hereon, and A tract of land located in the northwest quarter and southwest quarter of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the west quarter corner of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence N88056'08"E 1338.89 feet to the POINT QF BEGINNING; thence N89°36'32"E 333.62 feet; thence S0°2T28"E 723,10 feet; thence S89a36'32"W 333.60 feet; thence N0'23'35"W 723.10 feet to the POINT OF BEGINNING, said tract contains 5.538 acres, all as shown hereon. Subject to and together with easements as shown. Subject to and together with easements of record. 1111fl1111fi111111111111 i1i 1111111lPiHill1111111111Hill 111111 1111111111111201800009043Feet 5181 20:L8 10:23 AM lAhc_kntckdocs\6 final plat suhmittakkntc_fiinal plat phase 2 working docslccrs201811kntc phase -I property description.docx hLtp://wnw,w.ctagroup.com E-mail: info@ctagroup.com !11111111111IIINI11111111111N1111IbIII11II11111rFines=°71-s5 ; #121.00 5/8/2018 10.23 AN KALISPELL NORTH TOWN CENTER — PHASE II LEGAL DESCRIPTION A tract of land located in the south half of Section 19, and the north half of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Commencing at the northwest comer of said Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, S89041'21 "E, 69.85 feet to a point on the east boundary of U.S. Highway 93 right-of-way and the POINT OF BEGINNING; thence continuing along the north line of said Section 30, S89°41'21"E, 1237.79 feet to the west sixteenth comer common to said Sections 19 and 30; thence along the sixteenth line of said Section 19, N00°33'20"W, 524.92 feet, thence leaving said sixteenth line, S89459'34"E, 562.05 feet; thence N00°00'11"E, 35.10 feet; thence S89°59'49"E, 60.00 feet; thence S00000'11"W, 555.00 feet; thence S44'59'55"E 7.07 feet; thence EAST 275.88 feet to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 223.72 feet through an angle of 12' 19'30"; thence S77°40'30"E, 144.74 feet to the beginning of a 1360.00 foot radius curve to the left; thence along said curve 621.28 feet through an angle of 26°10'27"; thence N76-09"04"E, 150.75 feet, to the beginning of a 1040.00 foot radius curve to the right; thence along said curve 251.33 feet through an angle of 13050'46"; thence N89°59'50"E 1706.09 feet to a point on the east line of said Section 19; thence along said east line, S00°37'29"E, 41.97 feet to the southeast corner of said Section 19; thence along the south line of said Section 19, said south line also being the north line of Tract B of Certificate of Survey No. 20570, on file in the office of the Cleric and Recorder,. N89°40'24"W 687.79 feet to the northwest corner of said Tract B; thence along the west line of said Tract B, S00a12'33"E 41.98 feet; thence S89°59'50"W, 1018.92 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 231.99 feet through an angle of 13°50'46"; thence S76°09'04"W, 150.75 feet to the beginning of a 1440.00 foot radius curve to the right; thence along said curve 657.83 feet through an angle of 26010'27"; thence N77040'30"W, 144.74 feet to the beginning of a 960.00 foot radius curve to the left; thence along said curve 206.51 feet through an angle of 12°19'30"; thence WEST 265.89 feet;. thence S45000'05", 7.07 feet, thence S00°00'11 "W, 1235.11 feet; thence WEST 1763.36 feet; thence S83'21'33"W, 65.88 feet; thence N89"48`47"W, 40.18 feet to a point on the east line of U.S. Highway 93 right-of-way; thence along said east line N00°11'11 "E, 76.39 feet; thence leaving said east line and along the south and east lines of Lot 2, Block 1 of the plat of Kalispell North Town Center - Phase 1, on file in the office of the Clerk and Recorder, for the following three courses: 1) S89048`47"E, 30.09 feet; 2) S83027'28"E, 77.25 feet; 3) NORTH 680.10 feet to the southwest corner of Lot 1, Block 1 of said plat of Kalispell North Town Center - Phase 1; thence along the southerly, easterly and northerly lines of said Lot 1 for the following five courses: 1) EAST 436.73 feet to the beginning of a non -tangent curve to the right, said curve having a radial bearing of S50°58'21"E and a radius of 430.00 feet; 2) along said curve for a distance of 382.54 feet, through an angle of 50°58'20"; 3) EAST 256.08 feet; 4) NORTH 340.77 feet; 5) WEST 1026.85 feet to the northeast corner of said Lot 2; thence along the north line of said Lot 2, WEST 103.09 feet to a point on the east line of said U.S. Highway 93 right-of-way; thence along said east line N00°14'37"E 86.78 feet to the POINT OF BEGINNING. Said Tract contains 56.926 acres. 1111I1111II111III11111IiN1111111111i11111111111111111111111111111111111111 III 1111111111 Psoe. 76of 95 Pepe: 76 of 95 Fees: S121.04 5/8/2018 10:23 AM $ 1 5 5/812018 10:23 AM EXHIBIT "B" PROJECT Final Plat Phases 1 & 2 Kalispell North Town Center l {I111IlI� 44�illllIlly [II IIIIM I�llltillll I1111I1�1iiIIIIIII�1 IIIIllICI 11 IllIl Foos 0001900 9/8/2018 16:23 AAA 2018_02KNTC 2018000904 Pagez076 of 953 5/8/2018 10-.23 AM 121.00 5/8/2018 10:23 AM SpS Ir k ij 31 Xl g A Xg. t2 > -------------- - 0 p 0 0i: 00 "T, > < N N.- M C) > 9�8�99�@�@�����@0@�99019��9910@�99�� Z �+�� � �� � its E � � � � �� � � f �; � � a Itl �;s jlyyjjl � ��?p ��zx3zxi�ssi a� (�( . � � a I T. R 2 f KAUSPU L. MOWANA KAU WELL NORTH TOWN CENTER -PHASE 1 SUBDIVISION PLAT ui i u i i iii iiiva�I�f�M�I�RN��IIl�N��I�IIN� 201800009043 Page; 79 of 95 Fees: S121.00 o 5il 2018 10:23 AM 9 J II! I I , ill', TH ii W < 0 m 0 1700 171, m > rn I Z m * E > > KALISPELL. MONTANA KALISPELL NORTH TOWN CENTER - PHASE 2 SUBDIVISION PLAT 1�111II11111 ° III11Il!!l1111111111HIIINI11I�1!!IN III1III111!!E!!1I!1111Pa�e8o of g� Fees. �121.00 5/8/2018 10r23 Ail EXHIBIT "C" Legal Description of Kalispell North Town Center PUD II1IIIII11111111l11111lIl1ll1!!I!!!11l11I�I111111111111111111i11111!!!!!!llllilllflifli111Fees: $12Z00 5/8/2018 10:23 AM 20I8 02KNTC III[[I[I II II I II[ I[I IQII III[I III I[III IIIII Dll loll i�fl pll �[II III IIl[I01111[I �Il�ag® 81 of93 5 fees. $121.00 5/8/2018 10:23 AM Extbarlor Boundary of Parcels 1 through 11 As Delahed in Cominitemerr# For Titles Insurance issued by, Chicago Title Imurance Company Order Number. CG-46420 EfkwMn Date. March 14, 2007 at 8b0 AM. A bact of land located In Sect Ow 19 & 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana, more particularly described as follows: Beginning at the northwest comer of Section 30, Township 29 North, Range 21 West, P.M.,M., Flathead County, Montana; thence along the north line of said Section 30, North OP40'28' West 687BI feet W the northwest comer of that parcel desdibed in Document No. 200436509500, records of Flathead County, Montana; thence along the west fine Of said parcel, and continuing along the west ffne of that parcel described in Document No. 200221914230, records 0 Flathead County, Montana, South 00'1244" Fast 1324.27 feet to the southwest comer of the first above described parcel and the north line of the Sautheast Quarter of the ittarii>east quarter of the above said Section 30; thence along the south fine of said parcel and the north line of said aNuot part, South EW4Z14" East 687.92 Beet to the northeast comer of the Southeast Quarter of the INortheast Quarter of said Seddon 30; thence along the east line of said aliquot part, South 000131020 Fast 1323.95 feet to the southeast corner thereof; thence along the south line of said aliquot part; North 8904218" West 30.00 feet to the westerly right-of-way line of Whlteffstu Stage Road, a sfidy foot wide Dedared County Road; thence along said westerly rlght-of-way line of said WthL%Is h Stage Road, North 00013'or West 1032.35 feet to (tine northeast comer of that parcel desvlbed in Document No. 9a19816340, records of Flathead County, Montana; thence along the north line of said parcel, South 89007119" West 726.99 feet to the northwest comer of saki parcel; thence along the west line of said parcel, South 00012'59' East 1017.47 feet to the south Ilrhe of the above-ssaald Southeast Quarter of the Northeast (quarter of Section 30; thence along the south line of said aliquot part, North 8r42'18' West 567.43 feet to the smAheast currw of the Southwest Quarter of the Northeast Quarter of the above* -said Section 30; thence along the south line of said alicluot part, North 8904129" West 993.26 feet; to the nord vest comer of that parcel described In Document No. 940761ZWD, records of Flathead County, Montana; thence along the west fine of said parcel, South 0VIS'21' Fast 1324.29 feet to the northwest Comes of that parcel described In Document No. 8430608100, records of Flathead County, Montana; thence along the west line of said pmrel, South 0061521" East 1294.33 fhet to a point on the northerly right-of-way flue of West Reserve Drive (Montana Kghway tojett No. RS 548-1(2)4); thence along said right- of-way One of said West Reserve Drive, North 89444'17" West 330.86 feet to a paint an the west line of the Southwest Quarter of the Southeast Quarber of the above-sald Section 30, thence along said west Ilne of said aliquot part, North 00'15'40' West 694.72 feet W the northeast comer of that peel dhsated In Document No. 200119710190, recwrds of Flathead County, Montana; thence along the martin fine of said parcel, North 89W43' West 00.36 feet to the approArnate thread of the Stillwater Rho; thence atung said tdersad of said Stillwater Rlvwthe following ben (10) courses: North 51"4338" west 36.49 feed; North 7501330" West 65.45 feet; South 50042'04 West 29130 feet; South 7P30'07' West 128.45 feet; North 55°32'34" West 10035 fleet North 01°0727" Fast 9Z.74 feet; North 4802043' Fast M.54 feet; North 14°48'53" least 122.29 beet; North 12011'41" West 142.46 feLt and North 22022'01" West 265.55 feet, more or lest, to the north boundary of Government Lot 4 of the above-sald 5echlon 30; thence along said north boundary of said Government Lot 4, South 89043'03' Last a distance of 530,65 feet; to the southwest corner of the Northeast Quarter or the Southwest Quarter of said Section 30, thence along the west line of Bald aliquot part, North 011023'28" West a distance of 132529 feet to the southeast corner of Governrner t Lot 2 of said Section 30, thence along the south line of Bald Gavernme:nt Lot 2, North 89114220' West 933.90 feet to the southeast corner of that parcel described In Document No. 200323114280, records of Flathead County, Montana; thence- along the south One of said panxl, North 89°42'2B" West 319.63 feet to the eaast9edy right-of-way line of U.S. Highway No. 93 [Highway Ruled F5-3(32j115); thence along said early right-of-way lure of said hbhway the fnilawing four courses: North 0411229158" Fit 189.11 feet; North 00011'13" bast 340.08 i`eet; North 04°34'11' West 60.20 feet; and North 00011'13' East 11.62 feet to a paint on the south line of that parcel clesaibed in Document No. 900D816200, recants of Flathead County, Montana; thence oor0 uing along the easterly right-d way of said U.S. Highway 93 the following three courses: North 0711'13" East 28.38 RL-I; North 13°36'03' West 41.31 feel, and North 00°ii'13" East 591.75 That to the northwest corner of the first above said panel; thence amnuing along said easberty boundary of said highway ftht-oF way, North Oo°1113' Fast 64.13 feet to the south line of Govemment Lot 1 of the above said Section 30; thence Continuing In said Govemment Lot 1, through five Courses along the above said east boundary of U.S. Highway 93 right - or -way: North 00°11'13" East 164.00 feet; North 14013'7.3" Fast 61.85 fleet; North 00-1101- East 940.05 feet; North 13'56'35" West 61.89 feet; and North 00010'44' East 100.60 feet to a point on the north line of the above sold Government Dot 1; thence along said north fine of said Government Lot 1, South 89041'25' East 1237.84 feet to the southeast comer of that parcel shown as Tract 6 on Cariffloate of Survey No. 4491, Records of Flathead County, Montana; thence continuing in Section 19, Tawndp 29 North, Range 21 West, P.M.,M., Flathead County, Montana and along the east line of said Tract 6, North 000331310 West 660.25 Fee:( to the southeast comber of that pastel shown as Tract 5 an the above -said Certificate of Surrey No. 4491; thence along the east line of said Tract 5, North 0003331" West 660.25 feet to the southwest muter of ! Illl[�li II II I RI IIIII iilll II[Il lilli IIIII lull IIIII lliil lull [till hill IIII II IiI Rlll till till Page: 81 of953 Fees: $121,00 5/8/2010 10:23 AN ��lul II II I� ulll��� Ifl[�I �llll ���IIIIIII� Illll ���I1VI�I II� �I I ll� I�I� III Ililpa9e082 of 953 Fees: $121.00 518/2018 10:23 AM that parcel shown as Tract 8 on the above -said Certificate of Survey No. 4491; thence along the south fine of said Tract 6, South 89046102/ East 1327.80 feet to a point on the west line of the Southwest Quarter of the Southeast Quarter of said Section 19; thence along Bald west line of said aliquot part, North iO"34'07" West 5.45 feet to a point on the north line of safd aliquot part; thence along the north line of said aliquot part, and along the south fine of that tract of land shown on Certificate of Survey No. 3813, records of Flathead County, Montana, South 89°53'OV East 1377.15 feet to the west line of that parcel described In Document No. 9116514510, records of Fathead County, Montana; thence along said west line of said parcel, South 00012'54" West, 34.20 feet to the southwest corner thereof; thence along the south line of said parcel and contnuing along the south line of that parcel described In bocunhent No. 200221414500, records of Fathead County, Montana, South 8rST49" E3s4 1272.80 feet to the east line of the Southeast Quarter- of the Southeast Quarter of the above said Secdon 19, thence along the east line of said aliquot part South 0003731" East 1303.19 feet to the Po1nt of ftlnning. The exterior boundary surrounding Tracts 1 through 11, as described above, encompasses 485.481 acres of land. SUB3E'CT TO thane exceptions shown an Commitment For Trde Insurarum, Imued by Chicago Title Insurance Company, order number CGA6420, effective date: March 1 201800009043 Page 8 2 ai 95 Fees: $121.00 5f8f201010:23AM i®Illiiillllnq�I�ICi�III�n�q�In���n1�1111111�1i1i�f1111a 8�5 #121.00 5/812013 10,23 AM EXHIBIT "D" USE RESTRICTION'S 1. Environmental remediation facility; 2. Exterminating service; 3. Butane distribution; 4. Exterminating and fumigating warehouse; 5. Bulb storage of gasoline or fuel oil tanks. G. Bulk storage of paint and varnish (except as incidental to retail sales); 7. Petroleum products packaging and storage (except as incidental to retail sales); 8. Adult book store or adult novelty store (meaning a store primarily engaged in the sale, rental, distribution or display of pornographic, lewd, sexually explicit or so-called adult materials and not a general interest bookstore such as Barnes & Noble or B.Dalton or a full -line video store such as Blockbuster Video, Video Update or Hollywood Video); 9. Adult theater or so-called "gentlemen's club" featuring nude, topless or scantily clad men or women; 10. Day labor hiring hall; 11. Pawn shop; 12. Religious mission, including a charity dining hall; 13. Commercial loading of small arms or manufacture of ammunition; 14. Rock quarrying, sand and gravel or other mineral extraction; 15. Any assembling, manufacturing, distilling, refining, smelting, agriculture or mining operation; 16. Transit terminal (except to the extent required by government authorities having jurisdiction); 17. Propane sales (except as incidental to other retail sales or service); 18. Drive-in movie theater; 19. Tattoo establishment; 20. Body -piercing establishment; 21. A second-hand store, thrift store, swap shop, liquidation outlet or used clothing store, including any business that regularly sells merchandise referred to as "odd lot", „cancellation", "second", "factory reject", "sample", "floor model", „floor demonstrator", I IIII1II1II II I111411H 1111111111111111111111111111111111111111111Ill 11 III111111111I Page. 83 of 95 Page: $3 of 95 43 2[i18 {l2KFVTC Ftec $121.00 5/012018 10:23 AM IIIIIIIIIIIIII111111IIIIIIllmlllllalllllligill0201800009043 Fem. $121.00 5r8r201.810:23 AN "obsolescent", "distress", "salvage" or "damaged", but this shall not prohibit the operation of a typical Russ or T.J. Maxx store or comparable store, 22. An auditorium or other general place of assembly; 23. Concrete or cement products manufacturing; 24. Plating or polishing shop (except as incidental to a jewelry store); 25. Plating works or electric plating (except as incidental to a jewelry store); 26. Foster home or group foster home; 27_ Farm devoted to hatching, raising, breeding and marketing of chickens, turkeys or other foul, rabbits, fur -bearing animals or fish; 28. Feeder lot for horses, cattle, goats or sheep; 29. Farm; 30. Bail bond company; 31. Cannery, slaughter house or meat processing or packaging plant; 32. Cesspool service; 33. Flour or grain elevator; 34.Outdoor hay and straw storage; 35. Massage establishment (except for massage services offered by a health club, fitness center, day spa beauty salon, beauty parlor, barber shop, nurse or chiropractor); 36. Repair and rewinding of transformers or generators; 37. Outdoor paving materials storage; 38. Welding shop; 39. Wrecking yard or junkyard; 40. Shelter or dormitory intended to provide temporary shelter; 41. Residential uses; 42. Carnival; 43. Dumping or disposal of garbage or refuse (except as may be incidental to an otherwise permitted use); 44. Flea market; 45. Booths for the sale of fireworks; 46. Rehabilitation or treatment center for physical, mental or substance abuse; 47. A cemetery, crematorium, funeral home, funeral parlor, or facility for the sale of caskets; 09043 2018 02KNTC IIIIIIIIIIIIIIIIIIIIiiliillllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllig Fets $12i 00 5J8/2016 10.23 AM I®Ill/ IIllUll�11�11IIAA ���➢1�11III�gall/Igl1IIll�11 P° °8s009f09, r-�es_ #1zi_aa 5/8/2018 10:23 AN 48. A so-called "head shop" or facility for the sale, rental, distribution or display of drug paraphernalia such as roach clips, bongs, water pipes, coke spoons, cigarette wrapping papers, pipes and/or syringes; 49. The sale, rental or storage mobile homes (but this shall not prohibit the promotional display of motor vehicles (but not mobile homes) in the common areas); 50. Churches, temples or other houses of religious worship; 51. The conduct of any auction, loss of lease, fire, bankruptcy or going out of business sale; 52_ A school, including the operation of a pre-school or day care center; 53. Any business which operates on a part-time basis for only a portion of the week or month; 54. Any Outdoor sales or display of merchandise, other than ancillary to the operation of a business conducted on the Parcel and which is approved by Declarant; 55. Or any other business which creates strong, unusual, obnoxious or offensive odors, fumes, dust, dirt, fly ash or vapors, is a public or private nuisance, emits noise or sounds which are objectionable due to intermittence, beat, frequency, shrillness or loudness, creates any unusual fire, explosion or other damaging or dangerous hazard (including the storage, display or sale of explosives or fireworks). IIIII1111111111111111111h i lI Ill 11111111111111111111111111111101 111111111111111 IN Page! 85 off° 53 Fees. SIMOD 518, 2018 10:23 AM 2018_02KNTC July 3, 2023 76LJ 542-00 Page 1 of 2 General Abstract STATE OF MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION 1424 9TH AVENUE P.O.BOX 201601 HLLLNA, MONTANA 59620-1601 GENERAL ABSTRACT Water Right Number: 76LJ 542-00 STATEMENT OF CLAIM Version: 1 -- ORIGINAL RIGHT Version Status: ACTIVE Owners: STILLWATER CORP PO BOX 7338 KALISPELL, MT 59901 VAN SHAW 2723 FAIRMONT DALLAS, TX 75201 KALISPELL, CITY OF PO BOX 1997 KALISPELL, MT 59903-1997 TRANSFER PROCESSED TO ADD OWNERS ONLY. INDIVIDUAL PORTIONS WILL BE RECORDED AFTER FINAL DECREE. OWNERSHIP UPDATE PROCESSED TO ADD NEW OWNERS. THE WATER RIGHT MAY BE SPLIT INTO SEPARATE WATER RIGHTS UPON REQUEST OF THE OWNERS. Priority Date: JUNE24, 1966 Enforceable Priority Date: JUNE24, 1966 Type of Historical Right: FILED Purpose (use): IRRIGATION Irrigation Type: SPRINKLER Maximum Flow Rate: 5.48 CFS Maximum Volume: THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climatic Area: 3 - MODERATE Maximum Acres: 341.00 Source Name: STILLWATER RIVER Source Type: SURFACE WATER Point of Diversion and Means of Diversion: ID Govt Lot Qtr Sec Sec Tivp RRe County 1 SWNENE 25 29N 22W FLATHEAD Period of Diversion:APRIL 1 TOOCTOBER 15 Diversion Means: PUMP Period of Use: APRIL 1 to OCTOBER 15 Place of Use: ID Acres Govt Lot Qtr Sec Sec Twp RRe Coon 1 80.00 S2SE 19 29N 21W FLATHEAD 2 138.00 NE 30 29N 21W FLATHEAD 3 54.00 N2NW 30 29N 21W FLATHEAD 4 69.00 S2NW 30 29N 21W FLATHEAD Total: 341.00 Geocodes/Valid: 07-4078-19-4-01-10-0000 - Y 07-4078-30-1-01-15-0000 - Y 07-4078-30-1-01-20-0000 - Y 07-4078-30-1-01-30-0000 - Y 07-4078-30-1-01-40-0000 - Y 07-4078-30-1-01-50-0000 - Y 07-4078-30-1-01-55-0000 - Y 07-4078-30-1-01-99-0000 - Y 07-4078-30-2-01-10-0000 - Y Remarks: THE PERIOD OF DIVERSION WAS AMENDED BY THE CLAIMANT ON 11/03/1989. THE PLACE OF USE WAS AMENDED BY THE CLAIMANT ON 11/04/1987. STARTING IN 2008, PERIOD OF DIVERSION WAS ADDED TO MOST CLAIM ABSTRACTS, INCLUDING THIS ONE. July 3, 2023 76LJ 542-00 Page 2 of 2 General Abstract Remarks: WATER RIGHT OWNERSHIP UPDATE RECEIVED 09/18/2001. WATER RIGHT OWNERSHIP UPDATE RECEIVED 11/10/1987. WATER RIGHT OWNERSHIP UPDATE RECEIVED 08/21/1987. WATER RIGHT OWNERSHIP UPDATE RECEIVED 07/07/1993. OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE 608 # 49523 RECEIVED 09/06/2007. OWNERSHIP UPDATE TYPE 608 # 70535 RECEIVED 03/02/2009. OWNERSHIP UPDATE TYPE DOR # 98789 RECEIVED 12/23/2011. OWNERSHIP UPDATE TYPE DOR # 95435 RECEIVED 01/06/2012. OWNERSHIP UPDATE TYPE 641 # 171577 RECEIVED 08/09/2017 THE TYPE OF HISTORICAL RIGHT, PRIORITY DATE, AND FLOW RATE MAY BE QUESTIONABLE. THE CLAIMS FOLLOWING THIS STATEMENT USE THE SAME FILED APPROPRIATION TO DOCUMENT THE € RIGHT. THE COMBINED FLOW RATE FOR THIS GROUP OF CLAIMS EXCEEDS THE TOTAL OF THE ORIGINAL APPROPRIATION. 76LJ 542-00 AND 76LJ 9139-00. € ACCORDING TO CADASTRAL PROPERTY OWNERSHIP RECORDS, AS OF 05/05/2010, A PORTION OF THE PROPERTY ON WHICH THIS WATER RIGHT IS USED APPEARS TO BE OWNED BY EASTHAVEN BAPTIST CHURCH. CITY OF KALISPELL TO RECIEVE +i-JTERESTASSOCIATED WITH TFiIS vp 33 7 ACRES FROM STI!—BViATEP. CORPORATION POD '�— NORTH TDU'!'NCENTER' -- — _- PHASE 1 33:7.ACRES- _ ti - X _ 34 -- vv STILLWATER CORPORATION � - i OV'VNERSHIP TOTAL r r -� 2 9 1 j 21 W STILL' ,A I ER L.Li RFIG iR,-ki l.?, OTIN,S 321 ACRES OF PO:,: b Ifs � � e � i•--�..___ � ^» � I �• �� ffP 1f+, , . ,. � -, - i lh, ^yam`^-;. t F f 0 754 1,5t70 3,000 F PR0J NO: 157-05 DRAWN: BJS � LOCATION: Kalispell, NIT PRUJ MGR: RMOBLE NORTH TOWN CENTER - PHASE 1 FIGURE V AWPPI]ed Water SCALE: 1 IN = 1,000 FT CHECKED: 76LJ 542 Oi7 -WATER RIGHT SPLIT 1 FILE NAMM7 5�'2—S DATE: fV1AY130797 May 3, 2017 76LJ 2GS°F-CIi STATE OF 14ONTANA b3?ARTX2NT OF NAT--UL RP665OURCES AND CONSERVATION 142,1 9TH AVENUE P G.t3ON 201301 NELEPki1, PrtONTANA 59620-101 GENERAL ABSTRACT Page 1 of 2 Gsmeral Abstract Water Right Number: 76LJ 26596-00 STATEMENT OF CLAIM Version: 1 — ORIGINAL RIGHT Vers[on SUtus: ACT IVF Owners: GOLF NORTHWEST PO BOX 1257 BIGFORI{. MT 59911 REGIONAL ENTERPRISES ING PC3 BOX 2492 KALISPELL. MT 59903 BREW C EAVES 432 E IDAHO ST SUITE 440 KALISPELL, MT 59901 CHAiRLES D WEBER JR 206 WILD PINE CT KALISPELL, NIT 59901 SUSAN WESER 206 WILD PINE CT KALISPELL, h1T 59901 STILLWATER CORP PO BOX 7338 KALISPELL, MT 59901 IvIEDNORTH MEDICAL CENTRE LLG PO BOX 10338 KALISPELL. MT 59904 DAVID G SHELDON 108 QUAIL COURT KALISPELL. MT 59901 VALERiE L SHELDON 106 QUAIL COURT KALISPELL. MT 59901 PATTY A POTTS 208 WILD PINE COURT KALISPELL. MT 59901 BAUR FAMILY PARTNERSHIP LP CIO JANIES D ECKHOFF 555 NORTH NEW BALLAS ROAD STE 130 SAINT LOUIS, MO 63141 OWNERSHIP UPDATE PROCESSED TO ADD NEW OWNERS, THE WATER RIGHT MAY BE SPLIT INTO SEPARATE WATER RIGHTS UPON REQUEST OF THE OWNERS Priority pate: SEPTEMBER 23, 1953 Cornrcuble Priaj'tI% Ratc: SEPTENIBER 23, 1953 Type OrI16-tnrical Right: FILED Parposc (uSe): IRRIGATION Ivd- dun Type SPRINKLER Maxicnamm FWv fhwc 5,02 CFS :\Iucimum 1`nlumc THE TOTAL VOLUME OF THIS WATER RIGHT SHALL NOT EXCEED THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE. Climutic Area: 3 - MODERATE ilImiImurn ,Acres: 440.00 Saurce �atne: STILLWATER RIVER tinurcr 1`rpt: SURFACE WATER 3'uin! Duel "IL2115OFDitOrsiun: 11) I'm t Lol Qlr&c Sec T%%P Recc C'ounn May 3, 21117 Page 2 of 2 7iiLJ Z6590-f10 Geri�ral Abs;n--t TD Gn4t Lot tr Sec Sce LwB Rom: Ce_ l�S[y 1 SI-SENW 24 29N 22h' FLATHEAD PeriQd of OiWrslan:APRIL 15 TOOCTOBER 15 mivtrYlun ,Beans: PUNIP 2 NESWSE 24 29N 22W FLATHEAD Perlud of Diversion. APRIL 15 TO OCTOBER 15 Diversion Means: PUMP Period of U$u APRIL 15 to OCTOBER 15 rime of use; I[1 Aeres Gevt La otr5eg Sec Tµ,n [;kt Cuunry 1 40,00 2 SWNW 19 29N 21W FLATHEAD 2 150.00 Sin► 19 29N 21W FLATHEAD 3 80.00 S2NE 24 29N 22VI FLATHEAD 4 40.00 SENW 24 29N 22W FLATHEAD 5 80.00 E2SE 24 29N 22V1 FLATHEAD 6 40.00 NWSE 24 29N 22W FLATHEAD TWO-. 4-40.00 Ceaeode.VVAJ1: — NO VALID GEOCODES -- Reaiarlts: STARTING IN 2008, PERIOD OF DIVERSION WAS AODED TO MOST CLAIM ASSTRACTS, INCLUDING THIS ONE. NEATER RIGHT OWNERSHIP UPDATE RECEIVED 07107i1993, WATER RIGHT OWNERSHIP UPDATE RECEIVED OW21i1987, WATER RIGHT OWNERSHIP UPDATE RECEIVED 0311411994- WATER RIGHT OWNERSHIP UPDATE RECEIVED 0111111996. WATER RIGHT OWNERSHIP UPDATE RECEIVED 0311411994. WATER RIGHT OWNERSHIP UPDATE RECEIVED 03J0411985 OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE 608 It 49522 RECEIVED 0910612007. OWNERSHIP UPSTATE TYPE DOR # 87016 RECEIVED 0812W2009, OWNERSHIP UPDATE. TYPE OCR At 85684 RECEIVED 0711612010. OWNERSHIP UPDATE TYPE OCR # 85711 RECEIVED 091102010. OWNERSHIP UPDATE TYPE OCR 4 93955 RECEIVED 04101=I1, OWNERSHIP UPDATE TYPE DCR 995995 RECEIVED 0912012011, OWNERSHIP UPDATE TYPE OCR ;# 95435 RECEIVED 0110612012, OWNERSHIP UPOATE TYPE DOR 9 134474 RECEIVED 0710712015. OWNERSHIP UPDATE TYPE DOR # 134472 RECEIVE[) 091DW21315. ....,............. .o,... ...... ..,..,,.,............ ..,..,.,...,............... ............,,....,.............. .«.....,,,.,...„-.......................... .......... ........... .,.,,............ .... ,...,...................t THE CLAIMED FLOW RATE MAY BE OUESTIONA9LE. DOCUMENTATION SUBMITTED WITH THIS CLAIM INDICATES A FLOW RATE OF 2.0 CPS. FLATHEAD COUNTY RECORDS AS OF 0112912009 SHOWS PLACE OF USE IS OWNED BY 3a DIFFERENT INDIVIDUAL OWNERS- SEE CLAIM FILE FOR DETAILS. USDA AERIAL PHO T OGRAPH NO(S) 979-193 , DATED 09/23/1979 , APPEARS TO INDICATF- 347,33 ACRES IRRIGATED. A DESCRIPTION OF THES—E ACRES IS IN THE CLAIM FILE. USD1 AERIAL PHOTOGRAPH NO. 1BB-95 . DATED 0710111961, APPEARS TO INDICATE 294.33 ACRES IRRIGATED A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE, THE CLAIMED PRIORITY DATE MAYBE QUESTIONABLE. IT APPEARS THE PRIORITY DATE SHOULD 8E THE DATE THE SPRINKLER SYSTEM WAS FIRST PUT TO USE. THE PRIORITY DATE IS UNCLEAR. DOCUMENTATION SUBMITTED WITH THIS CLAIM IDENTIFIES 1353 T AND1961 PRIORITY DATES.,,.,.««...,,....«..,.._ .... ................ ,.....,,...,...........,..,,,.,,—....,.,,..,...—'-..............,.....,.,..,...,..,.,,,,,,,,,...,.................... JS 40 ACRES OF- FOU 29N 21l.V +jf JJ {w gnv Ac.,. 0 750 1,500 3.O0C Feet �_ I ! t � ! I ! � s ! � - 1��� Yq �•f i, i,'F ,T�.s� f..'ali _'� �S PROJ NO: 157-05 DRAWN: 9J8 FICURI � ] LC)CATIONI Kalispell, MT PROJ i+,�fGR: R.NO3LE NORTH TOWN CENTER - PHASE 1 Ap'pliod Water SCALE: I IN = 1,500 FT CHECKED. 75LJ 2fi590 Q®- WATER P.IGHT SPLIT n rnl . i.i FILE NAME, 542 S r)ATE MAY1312�17 N13y 5. 7017 76LJ 57621-W S"TAT$ OF MONTANA DRPARTM-MNT OF RATURAL RX80URCES AND COMSERVATION 1424 9rH AVENUE P.O.SOX 201601 t1ELENA. MONtANA 5%20.1501 GENERAL ALSSTRACT %Vater RIgUI Namdrer: 76LJ 57021-00 PROVISIONAL PERMIT Page 1 of I General A3siract Vrrsintt: 1 —ORIGINAL RIGHT Versiun Status: ACTIVE Owners: STILLWATER CORP PO BOX 7338 KALISPELL, MT 59901 OWNERSHIP UPDATE PROCESSED TO ADD NEW OWNERS, THE WATER RIGHT MAY BE SPLIT INTO SEPARATE WATER RIGHTS UPON REQUEST OF THE OWNERS. Prioriq Date: OCT013ER 3, 1984 al 10-100 A.M. Enforceable Priority Darn: OCTOBER 3, 1984 at 10�00 A.M. Purpose (use).- IRRIGATION NrAtimnrn Flow Rite: 1.900-00 GPM h(Aximum Valarnc: 822.90 AC -FT Ma-. innm Acres: 150.00 Source Name: STILLWATER RIVER Source Typc SURFACE WATER Poiut ofDivcrsieu and titaasor➢Iversfoo: ID (;Qvt l st tr Ste Sec !MR Rye Counri 1 NESWSE 24 29N 22W FLATHEAD Ferias! of Diversion: MARCH 1 TO NOVEMBER 15 Diversinn @Icons: PUMP Yurpnsc (Use): IRRIGATION Volume: 270.00 AC -FT Period of Use: MARCH 1 to JULY i P1ar_ of Use: ID Acres £fort Lot tr See Sec T_ jv2 R..e Counry 1 10-00 NWNE 3O 29N 21W FLATHEAD 2 20-00 SESW 19 29N 21W FLATHEAD 3 80.00 N2NE 30 29N 21W FLATHEAD 4 40-00 SES'NP 19 29N 21W FLATHEAD 1,0141: 150.00 GcocuJcslValid: 07.4078-19-3-01.35-0000-Y 07-4078-19-3-01-40-00OO-Y 07-4078-30-1-01-30-ODOO - Y 074078-30-1.01-40-6WO - Y 07-407B-30-1.01-50-00-00 - Y Rerrrirks: IMPORTANT INFORMATION THIS PERMIT IS USED IN CONJUNCTION WITH CLAIM NO.S 542-01 AND 26596-01. OWNERSHIP UPDATE RECEIVED NOTICE OF WATER RIGHT TRANSFER RECEIVED 08121167. OWNERSHIP UPDATE RECEIVED NOTICE OF WATER RIGHT TRANSFER RECEIVED 07107193. OWNERSHIP UPDATE RECEIVED WATER RIGHT OWNErRS141P UPDATE RECEIVER 09118f01. OWNERSHIP UPDATE RECEIVED OWNERSHIP UPDATE TYPE 305 P, 49523 RECEIVED 09*6i2007. OWNERSHIP UPDATE TYPE DOR # 95435 RECEIVED 0110B12012. d Ci"Y OF KALISPELL TO RECIEVE INTERESTASSJCIATEC] WITH THIS �(7 ACRES FROM STILLWATER GORPORATION S T ILLWATEP. CORPORATION F aACRES NORTH raw — -- - f - 75E.J 7621.00 - 120 ACRES TOTAL 29aV 2241f CENTER - PHASE 1'_ __.. STILLWATER,CORPgRATION . - - 2 9 N 21V 30 %tiitir r is Eolf t awe+s:N — +] 500 . -1,dU4 2,C0 Fe 3 7 iF j PROJ NO: 157-05 DRAWN: BJB NORTH TOWN CENTER - PHASE 1 FIGURE '�� LOCATION: Kalispell, IViT PROJ MGR: R.NIOBLF piled Water SCALE: 1 IN - 1,000 FTI CHECKED. 7�L� 57a"?1 ffa - WATER RIGHT SPLIT ,' 1 If E i� A.ME: 97❑621 S DATE' MAY13/2017 Farm Na. 5k I {L'3-3� I51 - . DNRC OWNERSHIP UPDATE DIVIDED INTEREST Complete one form for each water right that will be divided. Your water right will be divided into separate water rights based on the information provided. Radd Date Submit all throe pages of this form with the filing fee; a deed, contract for deed, or other recorded documert; a water right abstract; and a map. Rec'd By FOR DEPARTMENT USE ONLY Fee Rac'd Check No, Payor Contact your local DNRC Water Resources Regional Office if you Refund $ Date have any questions- Deposit Receipt Filing Fee $00.00 OUID # If ail interested parties wish to split the water right, each mast fill out and sign elther part 8 or part C of this farm. A vrafer right can be split into several portions on one form for one S50 filing fee. All interested parties must sign off on, the split of water rights every If their portions are not split Into Individual rights. PART A— GENERA!_ INFORMATION 1. DATE OF LAND TRANSFER (SALE) 2. WATER RIGHT BEING DIV10ED 76LJ 2659E 04 3. SELLER (Grantor) Stillwater Corporation NIAILING ADDRESS PO Sox 7339 CITY Kalispell STATE MT PHONE 406-7513-7720 ENWL Elf BUYER (Grantee) City of Kalispell MAILING ADDRESS PO BOY I997 CITY Kalispell PHONE 406-755-7720 STATE MT EMAIL 5. HOW IS THIS WATER RIGHT BEING DIVIDED? Please check only one ZIP 59904 ZIP 59903 ❑ The water right is being divided as specifically identified in a deed, contract for deed, or other recorded document. (Attach a copy and underline the divided interest Information.) 72 The water right is being divided proportionately between the buyer and seller based on the place of use described in the water right. (Attarh a copy of the deed, contract for deed, or other recorded document.) 6. WATER RIGHT ABSTRACT ❑X A current DNRC general abstract or the water right being divided must be submitted. To receive DNRC generated water right abstracts, query the water right at the Following web address: htt :l++��nry, ris,mL,. ayldn hdvaterri htsldefardt s x or contact the regional office serving your area. 7, MAP A map must be provided. An aerial photo is preferred. You may also use a scaled map, county plat or quad map showing townv & ip and range, section corners, and a north arrow. The €oliowtng elements must be Identified on the map: a. The place of use the seller is retaining: C. Polnt(s) of diversion; and b, The place of use the buyer is receiving; d. The location of any irrigated acres. IMPORTANT NOTES ■ If you want to change or add a point of diversion, place of use, place of storage. or purpose of use of a water right you must first rile a change application with the DNRC. ■ The combined portions of a divided water right cannot exceed the total flow rate, voium.e, or period of diversion of the original right. ■ The DNRC has no jurlsdictian concerning easement, right-cf-way, and zoning matters. The buyer and seller must make these provisions where necessary. ■ Them may be ongoing court action regarding this water right and terms and conditions applicable to the exercise of the divided right. The buyer should be familiar yrith all aspects of the right received. roan 41l DNRC Om wrxir;p Inler25t Vag,] I PART B — SELLER'S PORTION (Attach additional sheets if necessary) 1. SELLER'S NAME Stillwater Corporation 2, PORTION OF WATER RIGHT RETAINED If speciFcally ideritiped in 117e attached recanted document, what flow rate will be retained by the Seller? 5ee Ibe•.®va p gprn ❑ efs Slittw•ator Corporaiion futairis the flow rate: assgrlatM with the 20 acres retained by the°». Unless specifically divided In the attached recorded document, both the Seller's and Buyer's water right will retain the full Flow rate and the use of the flow rate must be shared andfor alternated. Attach an additional sheet explaining how this will be done such that, In combination, the flow rate of the original ',eater right will not be exceeded. Stillwalor Carporairon retains the volume assodated Purpose of Use Irrigation Volume (acre-feet) with the- 20 acres m1ained by therm. Purpose of Use _ Volume (acre-feet) 3, POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SE 114 SE 1I4 NW if4 Sec 24 TWP 29 [Jx N Ej S RGE 22 ❑ E zW LotlTract Block Subdivision Name Cos Gov't Lot County Flathead NE 114 SW 114 SE 114 Sec 24 TWP 29 N ❑ S RGE 22 ❑ E Q W LoVTraCL Block Subdivision !Jame Cos Gout Lot County Flathead 4. PLACE OF US5 Purpose of Use Irrigation County Flathead 20 acres 1f4 SE 114 SW 114 Sec 19 TWP 29 p N ❑ S RGE 21 p E 0 VV acres 114 114 114 Sec TWP ❑ N ❑ S RGE p E ❑ W acres 114 114 114 Sec TVVP ❑ N ❑ S RGE ❑ E ❑ VV acres 114 114 114 Sec TVVP ❑ N ❑ S RGE [] E ❑ W 20 Total Acres LoVTract Block Subdivision Name - .. _ ..... _.. . COS Gov't Lot _ Geocodes(s) 0740781930135000a, 07407819301400000 Purpose of Use County acres 114 114 114 Sec T`VVP ❑ N ❑ S RGE ❑ E ❑ W acres 114 114 114 Sac TWP ❑ N ❑ S RAGE ❑ E ❑ W acres 114 114 114 Sec TWP ❑ N [:IS RGE ❑ E ❑ W acres 114 114 114 Sec TWID ❑ N ❑ S RGE ❑ E ❑ W Total Acres Lotrrract Block Subdivision Marne Cos Gov't Lot Geocodes(s) 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE AND QOJRR>WCT� Seller5igrtature., . ._ 7F�I! /'.��s rwy Date: �fiZ�7 Seller Signature/ pate: room 641 DMIC Gwn,arslip Update - Divided hitercii pop- 2 PART C - BUYER'S PORTION (Attach additional sheets:f necessary. If more than one buyer, add sheets showing each buyer's portion.) 1. BUYER'S NAME City of Kalispell 2. PORTION OF WATER BIGHT ACQUIRED ~'€Y of Kalispell recalves U,e Mow rate associated with the 21 acres dewribed in deed and €€ustrated on the attaches figure fs) Use Flow IRate Use [r6 eegatii�n sa aae {Only If specifically identified in the attachad recorded document —see Part B, Number 2) Purpose aF f rriVolume (acre-feet) City rer;e"`es :he volume assOiated with tht? 20 acres Purpose of Use Volume (acre-feet) deJ.-;-- :e ui deed and t hlsiratod on the attarhnd fK,;ure- 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SE 114 SE 1/4 N`,N' 114 Sec 24 T4vp 29 ON ❑ S RGE 22 �] E ❑x W LotlTract Block Subdivision Name COS Gov't Lot Counter Flathead NE 114 SW 114 SE 114 Sec 24 TWP 29 ® N ❑ 5 RGE 22 ❑ E ® W LoGTract Block Subdivision Name COS Gov't Lot County Flathead 4. PLACE OF USE Purpose of Use Irrigation County Flathead 20 acres 114 SE V4 SW 114 Sec 19 TWP 29 ON ❑ S RGE 21 ❑ E p W acres 114 114 114 Sec TWP ❑ N ❑ S RGE ❑ E ® W acres 114 114 1/4 Sec TWP p N ® S RGE ❑ E ❑ W acres 114 114 114 Sec TWP ❑ N ❑ S RGE _ E ❑ Wy 20 Total Acres —E] Lot/Tract Black SUbdivfsfon Nam& COS GoVt Lot Geccodes(s) -- Purpose of Use _- acres a Gres acres acres LollTract COS Geoccdes(s) 114 114 Ira 114 if4 114 11 114 Total Acres Block —County_ 114 SeG TWP 114 Sec TVVp 114 Sac TVUP 114 Sec TWp Subdivision Name Gov't Lot ❑ N❑ S RGE ❑ E p W ❑ N❑ S RGE p E p VV ❑N CD RGE p E En ❑N ©S RGE ❑ E ❑W S. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LA'NS OF THE STATE OF MONTANA THAT THE FOREGOING fS TRUE AND CORRECT. Buyer Signature: Cata. Buyer Signature: Elate: F,irn 641 DLNPC OacnenhFp Update- Divided 6ticayi r 3 WATER RESOURCES OFFICES BILLINGS: AIRPORT INDUSTRIAL PARK, 1371 RL•4ITOP DR„ BILLINGS MT 59105-1978 PHONE:406.247.4415 FAX:406.247-4416 SERVING: Big Horn, Carbon, Carter, Crater, Fallon, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass. Treasure, and Yellowstone Counties BOZU- LaN: 2273 BOOT HILL COURT, SUITE 110, BOZEXIAN MIT 59715 PHONE: 406-586-3136 FAX: 406-587-9726 SERVING; Gallatin, Madison, and Park Counties GLASGOW: 222 6TH STREET SO[ rrH, PO BOX 1269, GLASGOW MT 59230-1269 PHONE: 406-228-2561 FAX: 406-2294706 SERV1NCFr Daniels, Dawson, Garfield, McCone, Phillips, Richland, l amnelt, Sheridan, Valley, and Wibaim Counties HAVRE: 210 6TH AVENUE, PO BOX 1823, HAVRE MT 59501-1828 PHONE: 406-265-5516 FAX 406-265-2225 SERVING: Blaine, Chouleuu, Glacier, Hill, Liberty, Pondera, Teton, and Toole Counties HELLNA: 1424 9TH AVE., PO BOX 201601, HELENA MIT 59620-1601 PHONE: 406-444-6999 FAX: 406-444-9317 SERVING: 1 =vcrhead, Broadwater, beer Lodge. Jefferson, Lewis and Claris, Paivell, and Silver Bow Counties ICALISPELL: 655 T1114I3ERWOLF PARKWAY, SUITE 4, KALISPELL MIT 59901.1215 PHONE: 406-752-2288 FAX" 406-752-2843 SERVING: Flathead, Lake, Lincoln, and Sanders Counties LLr4b-ISTOWN. 613 NORTHEAST NIAIN ST., SUITE E, LEWISTOWN MT 59457-2020 PHONE: 406-533-7459 FAX: 40-538-7089 SERVING: Cascade, Fcrgm, Golden Valley, Judah Basin, Meagher, Musselshell, Petroleum, and Wheatland Counties NIISSOULA: 2705 SPURGIN RD. BLDG.C, PO BOX 5904, NUSSOULA MT 39305-5004 PHONE: 406-72114294 FAX: 406-542-5899 SERVING: Grande, Mineral, NIissoula,:md Ravalli Counties MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Water Resources Division - Water Rights Bureau WESSITE, http:i/dnrc.rnt.gov/wrd/ *Havre � Glasgow Kafispel -- - ` • i 35O Hie LB'a'r`ISto:;(ri^ - r- Bozeman Forms 6.11 DNRC" G3u•nrrshih Update -- Dividcct Intcrast P-tva Form INC. 641 (U3-2015) .. _...._.. DNRC OWNERSHIP UPDATE DIVIDED INTEREST Complete one form for each water right that will be divided. Your water right will be divided into separate water rights based on the information prodded. Submit all three panes of this form with the filing fee; a deed, contract for dead, or other recorded document; a water right abstract; and a map. Contact your local DNRC Water Resources Regional Offfce if you have any questions. Filing Fee $50.00 FOR DEPARTMENT USE ONLY Redd Bate Rec'd By Fee Radd $ Payor Refund 5 Deposit Receipt # OUID # Check No. Data If all interested parties wish to split the water right, each must fill out and sign either part B or part C of this farm. A wafer right can be split into several portions on one form for one S50 filing fee. All Interested parties mast sign off on the split of water rights even If their portions are not split into Individual rights. PART A — GENERAL INFORMATION 1, DATE OF LAND TRANSFER 4SALEj 2. WATER RIGHT BEING DIVIDED 76LJ 5762100 3. SELLER (Grantor) Stillwater Corporation MAILiVa ADDRESS P© Box 7338 CITY Kalispell PHONE 406-758-7720 STATE NIT ZIP 59904 EMAIL 4. BUYER (Grantee) City of Kalispell MAILING ADDRESS PO Box 1997 CITY Kalispell STATE MT PHONE 406-758-7720 aWiL 5. HOW IS THIS WATER RIGHT BEING DIVIDED? Pleases check only one. ZIP 59903 The water right is being divided as specifically identified in a deed, contract for deed, or other recorded document. (Attach a copy and underline the divided Interest Information,j [X The water right is being divided proportionately between the buyer and seller based on the place of use described in the wafer right. (Attach a copy of the deed, contract for deed, or other recorded document.) 6. WATER RIGHT ABSTRACT JZ A current DNRC general abstract of the water right being divided must be submitted. To receive DNRC generated water right abstracts, query the water right at the fol"c wing web address; hitnP PA-nrfs.mt. ovldnrclwatem htsMefault,asox or contact the regional office serving your area. 7. MAP A map must by proyfded. An aerial photo is preferred. You may also use a scaled map, county plat or quad map showing township and range, section comers, and a north arrow. The following elements must be identified on the map: a. The place of use the seller is retaining, G. Point(s) of diversion; and b. The place of use tha buyer is receiving; d. The location of any irrigated acres. IIYIYLPKIANI NUIL5 ■ If you wank to change or add a point of diversion, place of Ilea, place of storage, or purpose of use of a neater right you must first file a change application with the DNRC. • The combined portions of a divided water right cannot exceed the total flay rate, volume, or period of diversion of the original right. • The DNRC has no jurisdiction concerning easement, right -of way. and zoning mattefs. The buyer and seller must make these provisions where necessary, • Thera may be ongoing court action regarding this water right and terms and conditions applicable to the exercise of the divided night. The buyer Should be familiar wit., all 3spects of tie right received. rOrm ? i" 13h'RC Ownwiliip Updvt! - DivVdex! Intereil Page PART B — SELLER'S PORTION (Attach additional sheets If necessary) 1. SELLER'S NAME Stillwater Corporation 2, PORTION OF WATER RIGHT RETAINED Itspeciricaiiy identified in the attached recorded document, what flow rate will be retained by the Seller? see belu•:r ❑ gpm © Us Strtiviat-r Carpa: awon steins the now rate associated with the atl acresretained t", than Unless specifically divided in the attached recorded document, bath the Seller's and Buyer's water rlght will retain the full now rate and the use of the How rate must be shared andlor alternated. Attach an add€ticnal sheet explaining hour dais will be done such that, in combination, the flow rate of the original water right will not be exceeded. SVltwater Corp rMalns the vvlursie ass*daled w h the Purpose of Use Irrigation Volume (acre-feet) BO ac:iss ratairied oy them Purpose of Use Volume (acre-feet) 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter Sections) NE V4 SW 114 SE 114 Sec 24 TNP 29 x❑ N ❑ S RGE 22 ❑ E 0 W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead 114 Zia 114 Sec__ Lot/Tract Block COS Gov't Lot _ T`NP Subdivision Name County 4. PLACE OF USE Purpose of Use Irrigation 60 acres 114 N2 114 NE 114 Sec 30 20 acres 114 SE 114 5W 114 Sec 19 acres 114 N2 114 NW 114 See — acres 1/4 S2 114 NW 114 Sec ❑N ❑s RGE ❑ E ❑W County Flathead TN1P 29 TVVP 29 TVVP TWP 80 Total Acres Lott(Tract Block Subdivision Narne Cos Gov't Lest Geocodes(s) 07407819301350000, 07407830101500000. 07407819301400000 Purpose of Use acres acres acres acres Lot/Tract _ COS Geocades(s) 114 _ —1/4 _ —1/4 _ 114 Total Acres Block 21N ❑S RGE 21 ❑ E ZW ®N ❑S RGE 21 ❑ E OW ON ❑S RGE ❑ E ❑►N El ❑S RGE_ ❑ E ❑W County 114 114 Sec TW P ❑ N ❑ S RGE ❑ E ❑ W TW P T',,+'iP Subdivision Name Gov't Lot 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF MONTANA THAT THE FOREGOING IS TRUE AND CORRE.C-7 f —r rr:, f.? , ,, . Date: Tr , 7 Seller Signature l _r•°r_ s RAF r'rs.d47 Seller Signature: pate: fonn dot I]NRtr Qw:r4r,hfp Update- C7i++ided tnr.rest P:t�.*,! 2 PART C - BUYER'S PORTION (Attach additional sheets if necessary, If more than one buyer, add sheets showing each buyer's portion.) 1, BUYER'S NAME City of Kalispell 3. PORTION OF WATER RIGHT ACQUIRED City of Kaftspav receives Me flow rate a=vfhted *21 tiro 2e acres de_seroed In deed zard llustrated on the at!ached figure. U Flow Rate (pmlcfs) sort oboes (Only If specifically identified In the attached recorded document —see Part B, Number 2) Purpose of Use Irriga#ion Volume (acre-feet)Cftf receives the valUme associated Witt-, The 20 acres deswbed in Purpose of Use Volume (acre-feet) dctad and iilustrytad nn the attacVed figure. 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) NE 114 _SW 114 SE 114 Sec 24 TVVP 219 rE N 0 S RGE 22 ❑ E X W LoV'rract Block Subdivision Name COS Gov't Lot County Flathead 114 LotfTracl Cos 4. PLACE OF USE 114 114 sac TWP [IN CS RGE ❑ E a W Block Subdivision Name _ Gout Lot County Purpose of Use Irrigation County Flathead 20 acres 114 5E 114 SVV 114 Sec 19 WfP 29 acres 114 1/4 114 Sec TWP acres 114 114 114 Sec 1V1P acres 114 114 11A Sec 20 Lot(Tract Cos Georocles(s) VP Total Acres Block .w Subdivision Name Gov't Lot w Purpose of Use acres 114 114 114 Sec acres 114 114 114 Sec acres 114 114 114 Sec acres 114 114 114 See LoYTract COs Geocctdes(s) Total Acres Block pN ❑S RGE 21 ❑ E pW ON ❑S RGE ❑ E ❑W [IN ❑S RGE p E pW ON ❑S RGE ❑ E ❑W County _____ TWP ❑ N O S RGE ❑ E C) W TV'UP ON ❑S RGE ❑ E ❑W TWP ON ❑ S RGE ❑ E OW _ TWP ONOS RGE ❑ E pW Subdivision Name Gov't LDt 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS of THE STATE OF klONTANA THAT THE FOREGOING IS TRUE AND CORRECT. Buyer Signature; Date: Buyer Signature: Date: Dorm 641 DNRC Ownership Updara - Divided lrt�rest n.ic I WATER RESOURCES OFFICES BILLINGS: AIRPORT INDUSTRIAL PARK, 1371 RINITOP DR., BILLINGS NET 59105.1978 PHONE: 406-247-415 FAX: 406-247-4416 SERVING: Sig Horsy, Carbon, Carter, Custer, Fallon, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, and Yellowstone Counties ROZENLkN: 2273 BOOT HILL COURT, SUITE 110, BOZENIAN NIT 59715 PHONE:406-586-3136 FAX:406-537-9726 SERVLDiG: Gallatin- Mattison, and Park Counties GLASGOW: 222 6TH STREET SOUTH, PO BOX 12659, GLASGOW" MT 59230-1269 PHONE: 406-2.28-2561 FAX:406-228-3706 SERVINGS: Daniels, Dawson, Garfield, McCone, Phillips, Richland, Roosevelt, Sheridan, Valley, and Wibaux Counties IIAVRE: 210 6TH AVENUE, PO BOX 1828, HAVRE NIT 59501-1828 PRONE:406-265-5516 FA?C:406-263-2225 SERVING: Blaine. Chonteau, Glacier, Hill, Liberty. Pondera. Teton, and Tool; COLIn ies WEL,FNA: 1424 9TH AVE., PO BOX 20 160 1, HELENA MT 59620.1601 PHONE: 406444-6999 FAX:406-444-9317 SERVING: Beaverhead, Bvoadwater, beer Lodge, letTerson, Lewis and Clark, Powell, and Silver Bow Counties KA,LISPELL: 655 T1MBERWOLF PARKWAY.. SUITE 4, KALISPELL MT 59901-1215 PHONE: 406-753-2288 FAX, 406-752-2343 SERVING: Flathead, Lake. Lincoln, and Sanders Counties LEN' I5TOWN: 613 NORTHEAST 14AIN ST., SUITE E, LEWISTOW'N MT 59451-20 0 PHONE: 406-533-7459 FAX:406-538-7089 SERVINGS: Cascade, Fergus, Golden Valley, Judith Basin, Meagher, Musselshell, Petroleum, and Wheatland Counties N-nSSOULA: 2705 SPURCiiii i RD. BLDG.C, PO BOX 5004, MISSOULA NET 59806.5004 PRONE: 406-7214234 FAX:406-542-5999 SERNITNU: Granite, Mineml, Nhsmuta, and Ravalli Counties MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Wafer Resources Division - Water Rights Bureau WEBSiTE: httD:// inrc.mt.ciov/wrd/ -_ Kalispel isso) la form 6.11 DNkC bu•ncrdlip Gptinlz - Divided lnwr�°sl 1iav�e Glas9 w IDS LvWista: -�.I `�iGlings ru Form Na. b41 (U3-2ol5) a DNRC OWNERSHIP UPDATE I DIVIDED INTEREST Complete one Farm for each q"ter right that will be divided. Your water right will be dlvided into separate water tights based on the information provided. Submit all three ,pages of this forms with the filing fee; a deed, contract for deed, or other recorded document; a water right abstract; and a map. Contact your local DNRC Water Resources Regional Office if you have any questions. Filing Fee $50.00 FOR DEPARTMENT USE ONLY Rec'd Date Rec'd By Fee Rec'd $ — Payor Refund $ Deposit Receipt # QUID # Check. No. Date If all interested parties wish to split the wafer right, each must fill a u t and sign Wilter part B ar part C of this form. A water right can be split into several portions on one farm for one $50 filing fee. All Interested Parties must sign off on the split of water rights even if their portions are not split into individual rights. PART A —GENERAL INFORMATION 1. DATE OF LAND TRANSFER (SALE) 2. WATER RIGHT BEING DIVIDED 78W 542 00 3. SELLER (Grantor) Stillwater Corporation MAILING ADDRESS PO Box 7338 CITY Kalispell STATE NIT PHONE 40&7W7720 EKIA1L 4. BUYER (Grantee) City of Kalispell MAILING ADDRESS PO Box 1997 CITY Kalispell PHONE 406-758.7729 STATE MT EMAIL 5. HOW IS THIS WATER RIGHT BEING DIVIDED? Please check only one, ZIP 50904 ZIP 59903 ❑ The water right is being divided as specifically identified in a deed, contract for deed, or other recorded document. (Attach a copy and underline the divided interest information.) Q The water right is being divided proportionately between the buyer and seller based an the place of use described in the water right. (Attach a copy of the deed, contract for deed, or other recorded document,) 6. WATER RIGHT ABSTRACT Efl A current DNRC general abstract of the water right being divided must be submitted. To receive DNRC generated water right abstracts, query the water right at the fallowing web address: htto:fl4rnm.r.0s.mt_gDvldrrclr�aterriehlsJd�fauit.asox or contact the regional office serving your area. 7. MAP ® A map must be provided. An aerial photo is preferred. township and range, section comers, and a north arrow a. The place of use the seller is retaining, b. The {dace of use the buyer is receiving; You may also use a scaled map, county plat or quad map showing The following elements must be Identified on the map: c. Point(s) of diverslon; and d. The location of any irrigated acres. IMPORTANT NOTES + If you want to change or add a point of diversion, place of use. place of storage, or purpose of use of a water right you must first file a change application with the DNRC. ■ The combined portions of a divided water right cannot exceed the total flow rate, volume, or period of diversion of the original right. + The DNRC has no jurisdiction concerning easement, right-of-way, and zoning matters. The buyer and seller must make these provisions where necessary. There may be ongoing court actor regarding this water tight and terms and conditions applicabla to the exercise of the divided right. The buyer should be familiar with all aspects or the right received. Farm 641 DNRC Ownersitip Update - ❑i�-rd-d Inikm si PART B — SELLER'S PORTION (Attach additional sheets if necessary) 1. SELLER'S NAME Shtlwater Corporation 2. PORTION OF WATER RIGHT RETAINED If specrFcally fdenUfled to the attached recorded document, what flow rate will be retained by the Seller? see mrlow ❑ gpm ❑ cfs SNIlwster C.orpornton reams :lie Nm laic associated with the 287.3 arras rehiriM by diem. Unless specifically divided in the attached recorded document, bath the Seller's and Buyer's water right will retain the full flow rate and the use of the flow rate must be shared and/or alternated. Attach an additional sheet explaining how this will be done such that, in combination, the flow rate of the original water right will not be exceeded. Purpose of Use Irrigation Volume (acre-feet) Stillwater Gorlxration reiaim the V:aume asaoc;at2d _M,1 a-e Purpose of Use _ Volume (acre-feet) 287 3 acres retained by them 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SW 114 NE 114 NE 114 Sec 25 TVVP 29 0 N ❑ S RGE 22 ❑ E d W LaGTract Block Subdivision Name Cos GcVt Lot County Flathead 114 114 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W Lot[Tract Block Subdivision Name COs Gov't Lot _ County 4. PLACE OF USE Purpose of Use Irrigation County Flathead 80 acres 114 S2 1/4 SE 114 Sec 19 TWP 28 Q N ❑ S RGE 21 ❑ E ® W 118 acres 114 -1/4 NE 1/4 Sec 34 TW P 29 21 N ❑ S RGE 21 © E 9 W 20.3 acres 114 N2 1/4 NW 114 Sec 30 TWP 29 2) N ❑ S RGE 21 ❑ E Z W 68 acres 114 S2 114 NW 114 Sac TWP 29 p N ❑ S 'RGE 21 ❑ E R VI 287.3 Total Acres LotlTract Block Subdivision Narne Cps Gov't Lot Geocosies(s) see attached list. Purpose of Use County acres 1/4 1/4 1/4 Sac TO/P ❑ N ❑ S RGE ❑ E ❑ W acres 114 1/4 114 Sec TVVP ❑ N ❑ S RGE ❑ E ❑ W acres 1/4 114 114 See T)NP ❑ N ❑ S RGE ❑ E ❑ VV acres 1/4 114 1/4 Sec TNJP ❑ N ❑ S RGE ❑ E ❑ W Total Acres LotlTract Block Subdivision blame Cos Gov't Lot Geocodes(s) 5. SiGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UMBER THE LAWS OF THE STATE OF ft ONTANA THATTHE FOREGOING IS TRUE AND CC RRECT. Z--� �Seller 8lgnaiuray' �;,t, I r -T Seller Signaturev' Date: Fort 641 UNAC Owner5h it Update— Divided lnterni f ngc I LotlTract Cos Geccodes(s) PART C - BUYER'$ PORTION (Attach additional sheets if necessary. If more than one buyer, add sheets showing each buyer's portion.) 1. BUYER'S NAME City of Kaiispell City of Kalispell receives the flaw race aSSociated w1h the 33.7 acres elascriced in deed and Ipustrated 2. PORTION OF WATER RIGHT ACQUIRED an the attathad figure. Flaw Rate (gpm/cfs) see "bovu (Only If specifically Identified In the ar.ached recorded document --see Part 8, Number 2) Purpose of Use Irrigation Volume (acre-feet} City reepmies the volurne associated with the 33.7 acres descf bed in deed Purpose of Use Volume (nacre -feet) And iqustrated on tt19 attached figure. 3. POINT OF DIVERSION (describe the location to the nearest 10 acres, three quarter sections) SW 114 NE 114 NE 114 Sec 25 TWP 29 N N Q S RGE 22 ❑ E Z W Lot/Tract Block Subdivision Name COS Gov't Lot County Flathead 114 114 114 Sec TWP ❑ N ❑ S RGE ❑ E ® W LotlTract Block Subdivision Name Cos Gov't Lot County 4. PLACE; OF USE Purpose of Use Irrigation County Flathead 33.7 acres 114 N2 114 NW 1?4 Sec 30 TWP 29 ❑x N ❑ S RGE 21 0 E 0 W acres 114 114 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W acres 114 114 114 Sac TVi1P-- [IN ❑ S RGE ❑ E ❑ W acres 114 __114 114 Sec TWP ❑ N ❑ S RGE ❑ E ❑ W 33,7 Total Acres Lot/Tract -w. Black Subdivision Name Cos Gov't Let Gecccdestsj Purpose of Use acres 114 _ acres 114 acres 114 acres 114 Total Acres Block 114 114 114 114 County _ 114 Sec TW P 114 sec TW P 114 Sec W/P 114 Sec W/P Subdivision Name Gov't Lot ❑N pS RGE 0 E ❑W ❑N ❑S RGE U E ❑W ❑N CIS RGE ❑ E ❑W ❑N ❑S RGE ❑ E [pW 5. SIGNATURE I DECLARE UNDER PENALTY OF PERJURY AND UNDER THE LAWS OF THE STATE OF NjC)NTANATHAT THE FOREGOING IS TRUE AND CORRECT. Buyer Signature: Date-. Buyer Signature- Date: Form 6•t 1 EINRC Own t:iship Update — Di vidcd Interesi P 17e 3 WATER RESOURCES OFFICES BILLINGS; AIRPORT INDUSTRIAL PARK, 1371 RINITOP DR., BILLINGS NiT59105-1978 PHONE:406-247-4415 FAX: 406-2474416 SERVING: Big I-inrn, Carbon, Carter, Custer, Fallon, Powder River, Prairie, Rosebud, 5tit!=.eater, Sweet Grgss, Treasure, and Yellowstone Counties BOZENIAN. 2273 BOOT HILL COURT, SUITE 110, BOZE\,1AN MT 59715 PHONE:406-586-3136 FAX406-597-9726 SERVING: Gallatin, Madison, Dud Park Counties GLASGOW: 222 6TH STREET SOUT11, PO BOX 1269, GLASGOW MT 592304269 PHONE:406-229.2561 FAX: 406-728-8706 SERVING: Daniels, Dawson, Garfield, McConc, Phillips, Richland. Roosevelt, Sheridan, Valley, and Wibaux Counties HANTE: 2106TH AVENUE, PO BOX 1928, HAVRE MT 59501-1828 PHONE:406-265-5516 FAX: 406-265-7225 SERVING: Blaine, Choutcau, Glacier, Hill, Liberty, Ponders, Teton, and Toole Counties HELENA; 142497H AVE., PO BOX 201601, HELENA NIT 59620-I601 PHONE: 406444-6999 FAX: 406-444-9317 SERVING: Beaverhead, Broadwiter, Deer Lodge, IelTerson, Lets'ts and Clark, Powell, and Silver Bow Counties KALISPELL: 655 TMIBERWOLF PARKWAY, SUITE 4, KALISPELL. yIT 59901.1215 PHONE406-752-22S8 FAX. 406-752-2843 SERVIIING: Flathead, Lake, Lincoln, and Sanders Counties LENVISTOMN: 613 NORTHEAST MAlit ST., SUrM E, I EWISTOWN IVIT 59457-2020 PHONE: 406-533-7459 FAX: 406-538-7039 SERVING: Cascade, Fergus, Galdcri Valley, Judith Basin, Meagher„ Musselshell, Petroleum, and Wheatland Counties INIISSOUI.A: 2705 SPURGIN RD. BLDG.C, PO BOX 5004, MISSOULA MT 59806-5004 PHONE:406-721-4234 FAX: 406-542-5899 SERVING: Oranile, Mineral, Missoula, and Ravalli Counties MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Water Resources !division - Water Rights Bureau WEBSITE: http:lldnrc,mt.gov/wrdl t � T— ; HavrO Glasgow ISaiispei - - t issci la H e a Leiwistor _ .Billings Bozeman --r rorm 641 DNRC 0;%nership Up6ily-- Divided In:.resl